HomeMy WebLinkAboutReimbursement AgrmtREIMBURSEMENT AGREEMENT
BETWEEN THE
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
AND
CITY OF MI AMI
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
7300 Corporate Center Drive, Suite 500
Miami, Florida 33126-1234
CONTRACTOR
City of Miami
3500 Pan American Drive
Miami, FL 33133
AGREEMENT NUMBER
RA-CC-f Y' 1 1-02-00
n AMOUNT
S50,000.00
CFDA NUMBER
WIA AD: 17.258; WIA NER: 17.260; WIA DW: 17.260; W1A RR:
17.260; TANF: 93.558; FSET 10.551; UC/REA 17.225
INDEX CODE NUMBER
81102
This Reimbursement Agreement (hereinafter sometimes referred to as "Agreement" or "Contract") is
made and entered into by and between the South •Florida Workforce Investment Board, (hereinafter referred to
as the "SFWII3") and the City of Miami, (hereinafter referred to as the "Contractor"). This Agreement
establishes a contractual, independent contractor relationship between the SFWIB and the Contractor in which
the Contractor accepts substantial financial responsibilities for the use of federal,, state. and if applicable, local
funds.
WITNESSETH:
NOW THEREFORE, in consideration of the mutual •terms, conditions, promises, covenants, and
agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
• 1. PURPOSE
The purpose of this Agreement is to reimburse the Contractor for renovation (hereinafter referred to as
"refurbishment") of the space performed in accordance with the Floor'Plan approved by SFWIB for the.
City of Miami Career Center.
2. .EFFECTIVE TERM
The: term of this Agreement shall commence upon Jariiaaiy -16, 2012 and terminate -at -the -close-of
business on June 30, 2012.
3. TOTA.L PAYMENT
Subject to the availability of funds to the SI-WIB, the maximum amount payable for services rendered
under this cost reimbursement Agreement shall not exceed S50,000.00 as set forth in _ xhibit A, Budget
for Refurbishment Costs which shall be attached hereto and incorporated herein by reference hereto as if
fully set forth herein. Both parties agree that if funding available to the SFWIB is reduced for any reason,
the amount payable under this Agreernent may be reduced at the option and sole discretion of the SFW1.13.
Palle ] of 15 ReirnnursenicntAgreemmt
4. CONTRACTOR'S RESPONSIBILITIES
a. • City of Miami shall:
i. Provide approximately 7,000 square feet of space at no cost to SFWIB; at the
following Facility (Career Center) location:
City of .Miami Career Center
750 N,W. 206 Street, 4th Floor
Miami, FL 33127
ii. Procure the refurbishment services via a competitive procurement process.
iii. Submit a cost estimate (Budget for Refurbishment Costs) to SFWIB for review and
approval prior to the work being performed for the refurbishment services.
iv. Upon approval of the budget by SFWIB; engage the necessary contractor(s) to
refurbish the space.
v. Refurbish the space in accordance with the Floor Plan approved by SFWIB.
Refurbishments shall include; but will not he limited to: installation of two interior
glass doors, one sink, and one cabinet; interior touch up painting; electrical outlets.
vi. Allow SFWIB the right to inspect and perform a final walk-thru for final refurbishment
approval, after the refurbishment of the space and prior to reimbursement.
vii. After the refurbishment of the space; at no cost to SFWIB:
a) Pay for janitorial, electrical, water, telephone, alarm, security services and other
cost directly related to the operation of the Career Center; and
b) Provide exterior and interior signage for the Career Center.
b. City of Miami agrees that no change in the use of the facility' is pe,uaiitted unless reduced to
writing, duly approved and signed by SF W1B and the City of Miami and attached to the
original of this Agreement.
5. SFWIB'S RESPONSIBILITIES
a. SFW.IB shall:
i. Provide. City of Miami a Floor Plan for the refurbishment of the space;
ii. Reimburse the City of Miami for refurbishment of the space, barring disallowances, for
the full amount of the reimbursement request based upon payments made by City of
Miami for refurbishments performed according to the Floor Plan provided by SFWIB
and as set forth in Article 33 —Request for Reimbursement
iii. After the refurbishment of the space, provide the equipment and network connectivity
necessary to operate the Career Center.
CONDITIONS PRECEDENT
The Contractor shall provide to the SFWIB, prior to commencement of performance under this Contract,
the following documentation:
Page 2 of 15 Reimbursement Agreement
a, Board of Directors Requirements. The Contractor shall insure that the Contractor's Board of
Directors or governing body is apprised of the fiscal, administrative and contractual obligations of
the services funded through the SFWIB by passage of a formai resolution authorizing execution of
the Contract with SFWIB.
b. Certificate of Corporate Status_ if a Corporation. The Contractor shall submit to the SFWIB a
certificate of status in the name of the Contractor, which certifies the following: that the Contractor
is organized under the laws of the State of Florida or another state; that all fees and penalties have
been paid; that the Contractor's most recent annual report has been filed; that Contractor's status is
active; and that the Contractor has not filed Articles of Dissolution.
c. Articles of Incorporation and Corporate By -Laws (]f Applicable).
d. Limited Liability Company (LLC) Affidavit (if Applicable).
e. Financial and Compliance Audit. The Contractor is required to have performed an annual certified
public accountant's opinion and related financial statements in accordance with the single Audit Act
Amendments of 1996 and compliance with the State of Florida requirements and the U.S. Office of
Management and Budget (OMB) Circulars A-$7, A-110, A-122 and A-133, whichever are
applicable. Contractor is required to submit an original copy of the Audit Report within the timeline
specified in OMB A-133. -
7. INSURANCE
The Contractor, as a self -insured governmental entity, shall provide to SFWIB, prior to the execution of
this Agreement, a letter from the Contractor stating that the Contractor is self insured and maintains an
ongoing Self -Insurance Program as allowed under the Florida Statutes and that such self-insurance offers
protection applicable to the Contractor's officers, employees, servants and agents while acting within the
scope of their employment with the Contractor. SFWIB shall not disburse any funds until SFWIB is
provided with the letter of self-insurance and SFWIB has approved such document.
S. CERTIFICATION OF CONDUCT
The Contractor shall comply with all federal, state and local laws related to conflict of interest, nepotism,
and criminal and fraudulent activities.
9. ANTI -NEPOTISM
Section 1 12.3135, Florida Statutes, shall apply to the Contractor and its employees as this statute applies
to a public official or agency.
The Contractor shall follow the provisions of section 1.12.3135, F.S. with respect to individuals employed
through the contracted program. This means the Contractor shall not appoint, employ, promote, or
advance or advocate for appointment, employment, promotion, or advancement, in or to a subsidized
position in the Contractor's business entity any person who is a relative of the Contractor. The definitions
below are incorporated and made a part of this policy.
"Contractor" means the Contractor or employee of the Contractor in whom is invested the authority to
appoint, employ, promote or advance individuals or to recommend individuals for. appointment,
employment, promotion, or advancement in the Contractor's business entity.
"Relative" means an individual who is related to the Contractor as father, mother, son, daughter, brother,
sister, uncle; aunt, first cousin, nephev, niece, husband, wife, father-in-law, .mother-in-law, son- in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half-brother, or half-sister.
Page 3 of 15 Reimbursement Agreement
10. CODE OF BUSINESS ETHICS
The Contractor shall comply with Sec. 2-8.1 of the Code of Miami -Dade County requiring contractors to
adopt a Code of Business Ethics. The Contractor shall adopt the Greater Miami Chamber of Commerce
Model Code of Business Ethics or a similar code and shall submit a Code of Business Ethics Affidavit,
Exhibit B, attached hereto and incorporated herein by reference -hereto as if fully set forth herein stating
the Contractor has adopted a Code that complies with the requirements of Sec. 2-8.1 of the Code of
Miami -Dade County.
11. NO ASSIGNMENT
The Contractor shall not assign this Contract or any rights accruing hereunder in whole or in part.
12. APPLICABLE LAWS
The Contractor shall comply with all applicable federal, state and local laws and regulations, including
those of the Workforce investment Act of 1998 and Temporary Assistance to Needy Families (TANF) (as
presently in effect and as same may be amended from time to time during the term of this Contract) as
well as all applicable SFWIB directives, policies and procedures, in the implementation of the terms and
conditions of this Contract or. modifications thereto.
The Contractor shall ensure that all its activities under this Contract shall be conducted in conformance
with these provisions, as applicable: 45 CFR. Part 74 and/or 45 CFR Part 92 and/or 29 CFR Part 97 and/or
20 CFR Part 600 et seq., and all other applicable federal regulations.
13. PUBLICITY
When issuing statements, press releases, and other documents describing the project or programs funded
in whole or in part with Federal money, all contractors receiving Federal funds, shall clearly state: (1) the
percentage of the total cost of the program or project which will be financed with Federal money; and (2)
the dollar amount of Federal funds for the project or program.
14. TERMINATION WITHOUT CAUSE
The SFWIB may terminate this Contract without cause by providing thirty (30) days prior written notice
to the Contractor. The Contractor shall be entitled to receive compensation for services performed in
accordance with the conditions set forth herein through and including the date of termination. However,
the SFWIB shall not be liable for any expenses incurred by the Contractor after the effective date of
termination of this Contract.
1.5. BREACH OF CONTRACT
A non-exclusive list of breaches of this Contract is as follows:
a, 'File Contractor fails, in whole or in part, to provide the services set forth in this Agreement;
b. The Contractor ineffectively or improperly uses SFWIB funds provided to Contractor under this
Contract;
c. The Contractor does not furnish the letter of self-insurance as required by this Contract or as
determined by the SFWIB;
d. The Contractor does not furnish proof of licensure, certification or proof of background screening as
required _by this Contract;.
e. The Contractor fails to submit, or submits incorrect or incomplete proof of expenditures to support
disbursement requests or fails to submit or submits incomplete or incorrect detailed reports of
expenditures or final expenditure reports;
f. The Contractor unlawfully discriminates under any of the laws of the State of Florida, of Miami -
Dade County, if providing services in Miami -Dade County, or of Monroe County, if providing
services in Monroe County or of the United States;
g. The Contractor attempts to meet Contractor's obligations under this Contract through fraud,
misrepresentation or material misstatement;
h. The Contractor fails to correct deficiencies discovered during a monitoring, evaluation or review by
Page 4 of 15 Rein-ibursemcnt Agreement
any governmental body acting within the scope of its jurisdiction within the time required by the
governmental body;
1. The Contractor fails to meet the terms and conditions of any obligation under any contract or
otherwisc or any repayment schedule to the SFWIB or any of its agencies or instrumentalities;
j. The Contractor fails to submit the documentation required under Article 6 - Conditions Precedent
of this Contract in accordance with the time periods set forth therein;
k. The Contractor fails to fulfill in a timely and proper manner any and all of Contractor's obligations,
covenants and agreements set forth in this Contract. Waiver of breach of any provisions of this
Contract by the SFWIB shall not be deemed to be a waiver of any other breach of any other
provision and shall not be construed to be a modification of the terms of this Contract;
16. BREACH OF CONTRACT: SFWIB REMEDIES
lithe Contractor breaches this Contract, the SFWIB may pursue any or all of the following remedies:
a. SFWIB may terminate this Contract by providing written notice to the Contractor of such
termination and specifying the effective date thereof. In the event of termination, the SFWIB .may;
(a) request the return of all finished or unfinished documents, data studies, surveys and reports
prepared or obtained by the Contractor with SFWIB funds under this Contract; (b) seek
reimbursement of SFWIB funds awarded to the Contractor under this Contract; and (c) terminate or
cancel any other contracts entered into between the SFW[B and the Contractor. The Contractor
shall be responsible for all costs associated with such termination, including SFWIB attorneys' fees;
b. The SFWIB may suspend payment; in whole or in part, under this Contract by providing written
notice to the Contractor of such suspension and specifying the effective date thereof. All payments
to Contractor as of the effective date of suspension shall cease. On the effective date of suspension,
if requested by the SFWIB, the Contractor shall immediately cease to provide services pursuant to
this Contract. If payments are suspended, The SFWIB shall specify in writing the actions that shall
be taken by the Contractor as a condition precedent to resumption of payments and shall specify a.
date for compliance. The SFWIB may also suspend any payments, in whole or in part, under any
other contracts entered into between the SFWIB and the Contractor. The Contractor shall be
responsible for all costs associated with such suspension, including SFWIB attorneys' fees;
c. The SFWIB may seek enforcement of this Contract by any action at law or equity available to
SFWIB, including, but not limited to, filing an action in a court of competent jurisdiction. The
venue of any such action shall be in Miami -Dade County, Florida. The Contractor shall be
responsible for all costs of SFWIB associated with such enforcement, including SFWIB attorneys'
fees and attorneys' fees on appeal;
d. The SFWIB may debar the Contractor from future SFWIB contracting;
If, for any reason, the Contractor attempts to meet Contractor's obligations under this Contract
through fraud, misrepresentation or material misstatement, the SFWIB shall, whenever the SFWIB
deems it to be in the SFWIB's best interest; terminate this Contract by providing written notice to
the Contractor of such termination and specifying the effective date thereof. In such case the
-._Si-WJB may terminate or cancel any other contracts which such Contractor has with the SFWIB.
Such Contractor shall be responsible for all costs of the SFWIB associated with any such
termination or cancellation, including attorney's fees. Any contractor who attempts to meet its
contractual obligations with SFWIB through fraud, misrepresentation or material misstatement may
he debarred from SFWIB contracting for a period not to exceed five (5) years;
f. Any other remedy available at law or equity or administratively;
g. All remedies provided herein and otherwise shall all be deemed independent and cumulative.
Page 5 of 15 -Reimbursement Agreement
17. DAMAGES SUSTAINED
The Contractor shall not be relieved of liability to SFWIB for damages sustained by SFWIB caused by
anv breach of this Contract by the Contractor, and SFWIB may withhold any payments to the Contractor
until such time as the exact amount of damages due to SFWIB are determined. The SFWIB may also
pursue any remedies available at law or equity to compensate for any damages sustained by any such
preach by the Contractor. The Contractor shall be responsible for all costs of SFWIB associated with such
breach. including SFWIB attorneys' fees.
18. LICENSING
The Contractor shall obtain and maintain in full force and effect during the term of this Contract any and
all licenses, certifications, approvals, insurance, permits and accreditations, required by the State of
Florida, by Miami -Dade County, if providing services in Miami -Dade County, or by Monroe County, if
providing services in Monroe County, the local municipality where the services are being provided, by
SFWIB and the federal government. Failure to provide the foregoing items to SFWIB within thirty (30)
days of written request by SFWIB may result in termination of this Contract immediately by the SFWIB.
19. NOTIC.ES
It is understood and agreed between the parties that written notice addressed to the Executive Director of
the SFWIB, and mailed or delivered to the address appearing on page one (1) of this Contract and written
notice addressed to the Contractor and mailed or delivered to the address appearing on page one (1) of this
Contract shall constitute sufficient. written notice to the respective party.
20. NOTIFICATION OF LEGAL ACTION
The Contractor shall notify the SFVdMB of legal actions taken against the Contractor or potential actions
such as lawsuits, related to services provided through this Contract or that may impact the Contractor's
ability to deliver the contractual services, or adversely impact the SFWIB. The SFWIB shall be notified
within five (5) days of Contractor becoming aware of such actions or from the day of the legal filing,
whichever Comes first.
21. PUBLIC RECORDS
The Contractor shall allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, made or received by the Contractor in connection with this
Contract. Failure of the Contractor to allow such public access shall result in the immediate termination
of this Contract or any renewal. The Contractor shall maintain public records that reside in electronic
record keeping systems in accordance with Chapter 119, Florida Statutes, and RLlle IB-26:003 of the
Florida Administrative Code.
22.• AUDIT AND INSPECTION OF RECORDS
The Contractor shall permit SFWIB or SFWIB's designees,• the State of Florida and the federal
government or any other duly authorized agent of a governmental agency to audit, inspect, examine,
excerpt, copy or transcribe Contractor's client records, financial records, supporting documents, statistical
records, and any other documents (including storage media) pertinent to this Contract during the term of
this Contract and for a period of five (5).years following termination of this Contract or final payment
hereunder, whichever is later, to assure compliance with the terms hereof, or to evaluate the Contractor's
.__performance_iereunder The Contractor shall also permit any or all these aforesaid entities to monitor all
activities conducted by the Contractor pursuant to the terms of this Contract. The monitoring agency may,
in its sole discretion, deem necessary or appropriate such monitoring which may consist of internal
evaluation procedures, examination of program data, special analysis, on -site checks or any other
procedure.
23. MODIFICATIONS
- Any alterations, variations, modifications, extensions or waivers of provisions of this Contract shall only
be valid when they have been reduced to Writing, duly approved and signed by both parties hereto.
Page 6 of 15 Reimbursement Agreement
24. AUTONOMY
Both parties agree that this Contract recognizes the independence and autonomy of both parties hereto and
implies no affiliation of any kind between the contracting parties. The Contractor is an independent
contractor in all respects under this Contract. It is expressly understood, agreed and intended that the
Contractor is only a recipient of funding from the SFWIB and is not an agency or instrumentality of any
kind of the SFWIB. Furthermore; the Contractor's, officers, agents, servants, and employees are not
officers, agents, servants, or employees of the SFWIB or any of SFW1B's agencies or instrumentalities.
25. INDEMNIFICATION
a. For Florida Governmental Entities. The Contractor shall indemnify and hold harmless SFWIB, its
officers, employees, agents, servants, agencies and instrumentalities from any and all liability,
losses or damages, including attorneys' fees and costs of defense, which SFWIB and its officers,
employees, agents, servants, agencies or instrumentalities may incur as a result of any and all
claims, demands, suits, causes of action or proceedings of any kind or nature arising out of, relating
to or resulting from the performance of this Contract by the Contractor or the Contractor's officers,
employees, agents, servants, partners, principals or subcontractors. The Contractor shall pay all
claims and losses of any kind in connection therewith and shall investigate and defend all claims,
suits or actions of any kind or nature in the name of SFWIB, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon.
Provided, however, this indemnification shall only be to the extent and within the limitations of
Section 768.28 Florida Statutes, subject to the provisions of that statute whereby the Contractor
shall not be held liable to pay a personal injury or property damage claim or judgment by any one
person which exceeds the sum of S200,000, or any claim or judgment or portions thereof, which,
when totaled with all other claims or judgments paid by the Contractor arising out of the same
incident or occurrence, exceed the sum of S300,000 from any and all personal injury or property
damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of
the Contractor or the Contractor's officers, employees, servants, agents, partners, principals or
subcontractors.
b. 'berm of Indemnification. The provisions of this indemnification shall survive the expiration of this
Contract and shall terminate upon the expiration of the applicable statute of limitation.
26. SUBCONTRACTING
a. The parties hereto agree that no subcontract shall be entered into under or pursuant to this Contract
without the prior written approval of the SFWIB. Prior written approval shall be issued at the sole
discretion of the SFWIB.
b. In no event shall such prior written approval of the SFWIB relieve the Contractor from the
Contractor's obligations under this Contract, or change any of the terms or conditions of this
Contract. The Contractor shall ensure that all applicable provisions of this Contract are binding
upon all such subcontractors. It is expressly understood and agreed that the SFWIB shall not he
liable to any subcontractor(s) for any expenses or liabilities of any kind whatsoever incurred by any
person Or entity under any subcontract.
c the Contractor_shall not enter into any subcontract with any subcontractor who has been suspended
or debarred from participating in contracting programs by any agency of the United States
Government or of the state in which the work under this contract is to be performed.
d. The Contractor shall be as fully responsible for the acts or omissions of its subcontractors, and of
persons either directly or indirectly employed by them as for the acts or omissions of persons
directly employed by the Contractor.
e. The Contractor shall insert appropriate clauses in all subcontracts to bind subcontractors to the
teens and conditions of this contract insofar as they are applicable to the work of subcontractors.
Page 7 of 15 Reimbursement Agreement
f. Nothing contained in this contract shall create any contractual relationship between any
subcontractor and SFWIB.
g. The Contractor shall pay its subcontractors timely. The Contractor's failure to timely pay
• subcontractors •may constitute. a breach-of•this Contract.
27. PERSONS WITH DISABILITIES AND ACCESSIBILITY OF FACILITIES
The Contractor shall conduct all activities under this Contract in accordance with the Americans with
Disabilities (ADA) Act of 1990 P.L. 101-336 which prohibits discrimination on the basis of disability and
requires reasonable accommodation for persons with disabilities.
The Contractor shall ensure that the physical facilities utilized under this Contract are accessible at all
times to individuals with a disability.
28. EMPLOYMENT ELIGIBILITY VERIFICATION
Pursuant to State of Florida Executive Order 1 1-1 16, the Contractor shall:
1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment
eligibility of all new employees hired by Contractor during the Contract term; and,
2. Include in all subcontracts under this Contract, the requirement that subcontractors performing work
or providing services pursuant to this Contract utilize the E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the term of the subcontract.
E-Verify is an Internet -based system that allows an employer, using information reported on an
employee's Form 1-9, Employment Eligibility Verification, to determine the eligibility of all new
employees hired to work in the United States after the effective date of the required Memorandum of
Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as
stated in Article 11.D.1.c. of the MOU. "There is no charge to employers to use E-Verify. The Department
of Homeland Security's E-Verify system can be found at:
http://www.dhs_gov/filesinrograms/gc_1185221678150.shtm
if Contractor does not have an E-Verify MOU in effect, Contractor must enroll in the E-Verify system
prior to hiring any new employee after the effective date of this Contract.
The Contractor shall maintain evidence of the use of the E-Verify system in the employee's personnel file.
The Contractor shall maintain a personnel file for each staff person funded under this Contract in
accordance with SFWIB Policies and Procedures, State and 'federal laws.
29. RECORDS RETENTION'
Five (5) Year Requirement: The Contractor shall keep all records, accounts, and documents related to the
operation and performance of this Contract or any modification hereto for five (5) years following the
exp.iration_of_tftis_Contract.._1iowete.r,_if_any_audit,_c.lairn, litigat on, negotiation or other action involving
this Contract or modification hereto has commenced before the expiration of the five (5) year period, the
records shall be retained until completion of the action and resolution of all issues which arise from it, or
until the end of the regular five (5) year period, whichever is later. The Contractor shall cooperate with
SFWIB to facilitate the duplication and transfer of any of said records or documents during the required
retention period. The Contractor shall advise SFWIB of the location of all records pertaining to this
Contract upon the request of SFWIB and shall notify S.FWI.B by certified mail within ten (10) days of
moving said records if and when the records are moved to a new location.
Page 8 of 15 Reimbursement Agreement
30. INTERNAL CONTROLS
The Contractor agrees to maintain Contractor's books and records in accordance with Generally Accepted
Accounting Principles, (GAAP), and to institute fiscal controls to account for all monies received from
SFWIB and spent to perform the Contractor's obligations under this Contract.
31. ACCOUNTING .RECORDS
The Contractor shall maintain records, hooks, and documents (including electronic storage media) that .
identify SFWIB funds and which contain information pertaining to authorized expenditures, obligations,
de -obligated balances, assets, liabilities, outlays or expenditures and income. These records shall also be
maintained in accordance with Generally Accepted Accounting Principles (CiAAP).
32. PROCUREMENT REQUIREMENTS
Procurements shall he subject to the federal, state and .local laws related to nepotism, conflict of interest
and criminal and fraudulent activities.
The Contractor shall reimburse SFWIB for any funds expended under this Contract When the Contractor
does not or cannot produce the documents required to demonstrate to the satisfaction of SFWIB that the
procurement requirements of this Section have been followed.
33. REQUEST FOR REIMBURSEMENT
The Contractor shall request reimbursement for costs incurred by the Contractor, which are allowable
under SFWIB guidelines, by submitting an invoice to SFWIB not later than thirty (30) calendar days
following the completion of the refurbishment and only for those expenses incurred and paid by the
Contractor.
SFWIB agrees to pay for budgeted costs incurred and °aid by the Contractor for refurbishments in
accordance with the SFWIB approved Floor Plan and in accordance with Exhibit A, Budget for
Refurbishment Costs.
In order to receive reimbursement for allowable costs, the Contractor shall submit a complete invoice
package to SFWIB not later than thirty (30) calendar days following the completion of the refurbishment.
The invoice package shall include:
i. An original signed invoice detailing refurbishment services rendered;
ii. Copies of detailed invoices from subcontractor(s); and
iii. Evidence of payment to subcontra.ct.ors (a legal copy of the cancelled check(s)).
Upon satisfactory submission, and review and approval by the SFWIB of the complete lnvoice package,
the SFWIB shall make reimbursement to the Contractor. Reimbursement made by the SFWIB shall be
mailed by regular U.S. mail to the Contractor.
Failure to submit an original signed and acceptable Invoice, copies of sub -contractor invoice(s), and
evidence of payment: to subcontractors, in a manner deemed correct and acceptable by SFWIB and within
30 days following completion of the refurbishment, shall be considered a breach of this Contract.
The Contractor agrees to maintain originals of cancelled checks or a legible legal copy of the cancelled
checks, invoices, receipts, and any evidence of indebtedness as proof of expenditures.These documents
shall be maintained as set forth in Section 29, 30 and 31 of this Agreement and shall be made available
for inspection as set forth in Section 22 of this Agreement.
34. BU1.)OET
The Contractor agrees that all expenditures shall be made and all costs incurred by the Contractor in
accordance with Exhibit A, Budget for Refurbishment Costs.
Page 9 of 15 Reimbursement Agreement
35: EXPENDITURE OF PUBLIC FUNDS FOR FOOD, BEVERAGE AND DINING ACTIVITY
The Contractor shall comply with section 445.007(10), Florida Statutes, and with any policy promulgated
in accordance with 445.007(10) by Workforce Florida, Inc. and SFWIB. The Contractor shall not
purchase with state or federal funds any food, beverage or dining activity. This prohibition does not affect
reimbursements for meals consistent with any SFWIB approved travel policy.
36. EXPENDITURE FOR TRAVEL EXPENSES
The Contractor shall comply with section 112.061 of the Florida Statutes, and with any policy
promulgated in accordance with 1 12,061 by Workforce Florida, Inc. and SFWIB. The statute and related
policies contain specific guidelines with respect to authorization to incur travel expenditures, meals while
on travel status, per diem allowances, allowed transportation expenditures, lodging, expense
reimbursements and the use of travel advances. A copy of the State approved Travel Manual is available
upon request and is posted on the Florida Department of Economic Opportunity (DEO) (formerly AWi)
vveh site at: www.floridajobs.org.
37. RETURN OF FUNDS
The Contractor shall return to the SFWIB any overpayments due to unearned funds or funds disallowed
that were disbursed to the Contractor by the SFWIB and any interest attributable to such funds pursuant to
the terms and conditions of this Contract. In the event that the Contractor or its independent auditor
discovers that an overpayment has been made, the Contractor shall repay said overpayment immediately
without prior notification from the SFWIB. in the event the SFWIB first discovers any overpayment has
been made, the SFWIB Executive Director will notify the Contractor by letter of such findings. Should
repayment not he made forthwith, the Contractor will be charged interest at the lawful rate of interest on
the outstanding balance after SFWIB notification or Contractor discovery.
38. OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULARS
The Contractor agrees that, if applicable, Contractor shall comply with all applicable OMB circulars, such
as A-21, A-87, A-102, OMB A-1 10 A-122, and A-133, as applicable.
39. CONSTRUCTION AND RENOVATION OF FACILITIES USING FEDERAL FUNDS •
The Contractor shall not use SFWIB funds for renovations other than as specified in this Agreement.
The Contractor is aware that federal funds may not be used for the purchase or improvement of land, or
the purchase, construction, or permanent improvement of any building or facility. If any property has been
constructed or. substantially renovated, through the unlawful use of state or federal funds, the federal
government shall be entitled to .a lien against said property.
40. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT (I`IIPAA)
The Health Insurance Portability and Accountability Act of 1996 requires that covered entities have and
apply appropriate sanctions against members of their workforce who fail to comply with Privacy Policies
and Procedures of the entity or the requirements of 45 CFR § 164.530 (e) (1). Accordingly, it is the
intention of SFWIB to seek to ensure the confidentiality and integrity of consumer or employee Protected
Health Information (PHI) as required by law, professional ethics, and accreditation or licensure
requirements.
The Contractor shall comply with the Health Insurance Portability and Accountability Act (111PAA) of
1996 and the Miami -Dade County Privacy Standards Administrative Order.
CERT[FICAT11ONNT
The Contractor shall comply with the Byrd Anti -Lobbying Arnendrnent (31 1).S.G. 1352) 29 CFR part 93.
The Contractor shall provide a completed Certification Regarding Lobbying.
Page 10 of .15 Reimbursement Agreement
42. LOBBYING - FLORIDA STATUTE
The Contractor shall comply with the provisions of Sections 11.062 and 216.347, F.S., which prohibit the
expenditure of contract funds for the purpose of lobbying the Legislature, _judicial branch, or a state
agency.
43. CERTIFICATION REGARDING• DEBARMENT AND SUSP'.ENSION AND OTHER
RESPONSIBILITY MATTERS
When applicable, as required by the regulations implementing Executive Order (EO) No. 12549 and
12689, Debarment and Suspension 29 CFR 98, the Contractor must not be, presently nor previously
within a three-year period preceding the effective date of the contract, debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal
department or agency. No contract shall be awarded to parties listed on the GSA List of Parties Excluded
from Federal Procurement or Non -Procurement Programs. The Contractor shall provide a completed
Certification Regarding Debarment, Suspension, and Other Responsibility Matters.
44. CERTIFICATION REGARDING CLEAN AIR ACT AND WATER POLLUTION ACT
The Contractor agrees that if this is a Contract for inure than $100,000, then Contractor shall comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et
seq., and the Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. SFWIB shall report
violations to the HHS and the appropriate Regional Office of the Environmental Protection Agency.
45. CERTIFICATION REGARDING FLORIDA CLEAN INDOOR AIR ACT
The purpose of the Florida Clean Indoor Air Act is to protect people from the•health hazards of second
hand tobacco smoke and to implement the Florida Health initiative in Section 20, Article X ;of the State
Constitution. However, the intent of this legislation is not to inhibit, or otherwise obstruct, medical or
scientific research or smoking cessation programs approved by the Department of Health. The Contractor
shall provide a completed Certification Regarding the Florida Clean Indoor Air Act. •
46. PUBLIC ENTITY CRIME
The Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes
• Act (§ 287.133, Florida Statutes). The Contractor shall provide a Sworn Statement on Public Entity
Crimes.
47. CERTIFICATION OF A DRUG FREE WORK PLACE
The Contractor shall comply with the Federal Drug Free Workplace Act of 1988, the implementing
regulations codified at. 29 CFR 94. subpart .F, and the Drug -Free Workplace Rules established by the
Florida Worker's Compensation Commission. The Contractor shall provide a completed Drug Free
Workplace Requirement Certification.
48. NON-DISCRIMINATION, EQUAL OPPORTUNITY, AND AMERICANS WITH DISABILITIES
ACT
Contractor agrees that it must comply with .E.O. 11246, "Equal Employment Opportunity," as amended by
E.O. 11375. "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at41 CFR part 60. "Office of Federal Contract Compliance Programs, Equal
._Entplo uncut. C)p.pctrttin.i._ty.,._ Department of Labor. 45 CFR 260.35: Contractor agrees that in the
performance of this A.greernent, it'will adhere to the requirements in the Age Discrimination Act of 1975;
Section 504 of the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; and Title VI
of the Civil Rights Act of 1964. The Contractor shall provide a Non -Discrimination, Equal Opportunity,
And Americans With Disabilities Act Certification.
Page 11 of 15 Reimbursement Agreement
49. SARBANES-OXLEY ACT OF 2002
The Contractor assures that the Contractor will comply with the two provisions of the Sarbanes-Oxley Act
(SOX) that apply to all corporate entities, including non-profit organizations. 'These two provisions are as
follows:
a. It is a crime to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation (SOX, Section 1102, Section 1512 of Title 18, USC).
b. It is illegal For any corporate entity to punish whistleblowers or retaliate against any employee who
reports suspected cases of fraud or abuse (SOX, Section 1107, Section 1513 of Title 18, USC).
50. COMPLIANCE WITH ENERGY EFFICIENCY PROVISION
The Contractor shall comply with the mandatory standards and policies relating to energy efficiency, if
applicable, which are contained in the State Energy Conservation Plan issued in compliance with the
Energy Policy and Conservation Act (Public Law 94-163).
51. COMPLIANCE WITH TIIE.F{ATCH ACT
The Contractor shall comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7328) which
limit the political activities of employees whose principal employment activities are funded in whole or in
part with Federal funds, if applicable..
52. INCORPORATION OF COMPLIANCE WITII SPECIFIC APPROPRIATION 2006 OF THE
2011 GENERAL APPROPRIATIONS ACT PROMS() AND 2011 A.PPROPRIAT.IONS
IMPLEMENTING BILL REQUIREMENTS BY REFERENCE
The requirements of "the Specific Appropriation 2006, and associated proviso, of the 2011 General
Appropriation Act, subsection (10) and (11) under section 445.007, Florida Statutes" set forth in
Attachment 1 attached hereto are incorporated herein by this reference and Contractor agrees to comply
with the same. The Contractor shall provide a completed "Contractor Disclosure and Certification."
53. GR.AT>I iITIES
The Contractor agrees that the Contractor shall not accept a gift from, offer to give, or give any gift to any
SFWIB member, SFWIB employee, SFWIB approved Training Vendor, or to any family member of
a SFWIB member, SFWIB employee, or SI WEB approved Training Vendor.
i'hc term "family member" includes, but is not limited to father, mother, son, daughter, brother, sister,
uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half-brother, half-sister, grandfather, grandmother, grandson, or granddaughter.
The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money,
service, loan, travel., food, beverage, entertainment, hospitality, item or promise, or in any other form,
without adequate and lawful consideration.
Violation of this provision will constitute a breach of this Contract. In addition to any other remedies
available to the SFWIB,any -v-iolationof-this-provision--will result -in- referral -of_.the-Contractor's_ nameand
description of the violation of this term to the State of Florida, .Department of Management Services for
the potential inclusion of the Contractor's name on the suspended vendors list for an appropriate period.
This provision will survive the Contract for a period of two years.
Page 12 of 15 Reimbursement Agreement
54. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN)
FUNDING RESTRICTIONS ASSURANCE (Pub. L. 111-117 and H.R. 3571).
As a condition of the Contract, Contractor assures that it will comply fully with the federal funding
restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act of 2010,
Division E, Section 511 (Pub. L. 1 1 1-1 17) and the federal funding restrictions of covered organizations as
defined in the Defund ACORN Act (H.R. 3571).
55. CONTRACT WORK HOURS AND SAFETY STANDARDS
Contractor agrees that if this Agreement involves an award of more than :$100,000 and is a contract for
construction or involving the employment of mechanics or laborers, then Contractor shall comply with
sections 102 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-333, as
supplemented by Department of Labor regulations, 29 CFR part 5. Under section 102 of the Act, the
Contractor shall be .required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than 1 and 1/2 times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work
and provides that no laborer or mechanic shall be required to work in surroundings or under working
conditions which .are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
56. IJAV1S-BACON ACT
Contractor agrees that if this is a construction contract for more than $2,000, then Contractor must comply
with the Davis -Bacon Act, 40 U.S.C. 276a to a-7, as supplemented by Department of Labor Regulations,
29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and
Assisted Construction." Under this Act, Contractor shall be required to pay wages to laborers and
mechanics at a rate not less than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, Contractor shall be required to pay wages not less than once a week. The
current prevailing wage issued by the federal .Department of .Labor and applicable to this Agreement is
N/A. if the Davis -Bacon Act and corresponding regulations are applicable to this Agreement, then award
of this Agreement is conditioned upon Contractor's acceptance of this wage determination. SFWIB shall
report all suspected or reported violations to the Hi -IS awarding agency.
57. COPELAND "ANTI -KICKBACK" ACT
45 CFR Appendix A to Part 74: Contractor agrees that if this Agreement is for more than $2,000 and is
for construction or repair. then Contractor must comply with the Copeland "Anti -Kickback" Act, 18
U.S.C. 874, as supplemented by Department of .Labor Regulations, 29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from
the United States." The Act provides that each contractor or subrecipient shall be prohibited from
inducing, by any means, any person employed in the construction, completion, or repair of public work, to
give up any part of the compensation to which he is otherwise entitled. SFW113 shall report all suspected
or reported violations to the Federal awarding agency.
INTENTIONALLY LEFT .BLANK
Page 13 of 15 Reimbursement Agreement
SIGNATORY FORM
r
IN WITNESS .HEREOF THE PARTIES HERETO HAVE CAUSED TO BE EXECUTED BELOW THE
SIGNATURES OF THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO WHO
ARE FULLY AND DULY AUTHORIZED TO EXECUTE THIS CONTRACT ON BEHALF OF THE
RESPECTIVE PARTIES HERETO:
AUTHORIZED SIGNATURES FOR: City of Miami
AGREEIvI} NT NUMBER: RA-CC-.PY'.11-02-00
CFDA NUMBERS: WIA AD: 17.258; WIA NER: 17.260; WI.A DW: 17.260; WIA RR:
:17.260; TANF: 93.558; FSET: 10.551; UC/REA: 17.225
(For use Only When Contractor is a Governmental Entity)
l a.
1 b.
Signature of Authorized Official(s)
Date Date
2a. Johnny Martinez, P.E.
Typed Name of Authorized Officiai(s) .
3a. Citv Manager 3h.
4a.
Full Title of Authorized Official(s)
4b_
Signature of Person Attesting Signature of Person Attesting
Signature that Appears on Line 1 a Signature that Appears on Line 1 b
S(.)UTWF.LO3IDA WORKFORCE INVESTMENT BOARD
.... ./
1:B3 Y : / 4,
Rick Beasley
.Executive-Director,—SFW-1I3
Date
ti
Page 14 of 15 Reimbursement Agreement
Citv of -Miami, a municipal
Corporation of the State of Florida
ATTEST:
•
771 +,.
',•,
.,,,.... ,.. . ,
, .
r, ..../ PPIscii i ivilioNAPsciN,
'' ' - \ fi, '' ,..
CITY CLERK 'I. \
. r
- -2-
JOVT NY MA INF„, P 4,7.E.
MANAGY.,R/
•
APPROVEDAS:lp INSURANCE REQUIREMENTS:
CALVIN H..1,1ki, •
RISK MANAGEMENT
APPROVED AS TO FORM AND CORRECTNESS:
SI„TLIE O. 1.
---CITY ATTORNEY \
Item: '\?•Tork.force Rehab Contract between the South Florida Workforce Investment Board and
City of Miami; .FY11-12 Contract
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/ Description (include number of pages)
Type Number
Attachment 1 Policy to Implement 2010 Appropriations Proviso
Exhibit A Budget for Refurbishment Costs
Exhibit B Code of Business Ethics Affidavit
Page 15 of 15 Reimbursement Agreement