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HomeMy WebLinkAboutBack-Up - Draft AgreementWORKFORCE SRVICE CONTRACT BETWEEN THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD AN CITY OF MIAMI SOUTH FLORIDA A WORKFORCE INVESTMENT BOAS 7300 Corporate Center Drive, Suite 500 Miami, Florida 3: 126-1 34 CONTRACTOR City of Miami 3500 Pan :Amerk an Drive Mla r ,llotidU 3 153-55 5 TITLE OF CONTRACTOR'S PROGRAM �K CareerSource center: City of Miami" WIA AD; 17.25 wlx OW: 17.27S; WIA RR: 17, 7 CONTRACT AMOUNT: $1,,176,375.00' CONTRACT NUMBI WS-CC-P" "' 14-i-3 This Cd: hereina:fte'. Contract est and the COO .for the use 0: covenants an k`S T 10.55 30, 201:5 ON AND CON1MTIONS PR CE iENT rade pit ed. into by and between the South Florida Workforce Investment Board, d.to as thfr TB" and City of Miami, hereinafter referred to as the "Contractor". This. e a sub recipient, contractual, independent contractor relationship between the SFWIB in which the Contractor accepts substantial financial and programmatic responsibilities al, state, and, if applicable, local funds, In consideration of the mutual obligations and good and valuable consideration, the partiesto this Contract agree as follows below this Contra: hall cotninenoe upon Juiy 1. 2014 anal terry mate at the close ofbusiness on June 39 Pr 14-1 S Contract (iov"t) CereerSou`roe center Operator` (City of lVliar`n ) TOTAL PAYMENT Subject to the availability of .funds to the `SFW1B,.;the tnaxinni n amount payable for services rendered under this fixed. rate -based Contract shall not exceed $1;176, 7 .ii9 as distributed among the pro '.'a :'1 ..forth in the: table below and hi 'accordance with Exhibit D, Payment .for Performance attar a etc, and incorporated by reference as if fully set forth herein. Both parties agree that if fundi 4 able to the SFWIB is reduced; 'far'any. reason, the amount payable under this Contract maybe red ° to option and le discretion of the SFWIB,, City: of Miaml Total WIA Adult $ 222,$5i 24,728 W 1,1igacated: •Worker $ `257,864 $ 28,652 Rapid Response; 6,949 $ 2,994 $ 24727 $ 2$G,51 $ 29x943 $ 433,460 STATEMENT OF WORK The Contractor agrees to render services in accordance +i and incorporated by reference as if fully set forth herein: The Contractor shall irnplem.ent the satisfactory to the SFWJ.B, at the. so` shall not be effective until approved, CONDITIONS PRECEDENT The Contractor shall provide to the SFs following documentatio 1. Bpard o 4t rneats. Th Dire overnirig s.apprised c serf nded through SFWIB. by pa with the SFW FSET FSET (July to (Oct ti Sept ) iiC 2,951 $ 26,506 2,5 7650 '$ 2 945 4 42,949 4,772 tached hereto 'Work set forth hibit A in a manner ae SFIB.. Att , ii on to the Staternent B. nai� cirgan � � � �. laws of die State ti' avid related t 1 . f registration re-instaterrkent, ri eiit inn > Y ; has been filed; that Contra under this Co deerned of Wort act, the for shall ensure that. the Contractor's Board of strative and contractual obligations ofthe al resolution authorizinS exetsution of the. The. Contractor shall submit to the SFWIB a cor; which certifies the following;: that the Contractor is or another "state, that all fees and all penalties fees, aFal, etc, have been: paid; that. the Contractor's most tus is active. and that the Contractor has not b1 lianee; udit The Contractor is required to have performed an annual certified ant's opinion and related financialstatements audit in accordance with the single Audit nents of 1996 and compliance with the State of Florida, requirements and the U.S. Office e merit and Budget (OMB) Circulars A=87 (2 CFR part 225), A-110 (codified at 2 CFR part 2 (2 CFR part 230) and . -I33, whiehever are applicable. Contractor is required to submit riginal copy of the Audit Rep rt Within the thne line specified in OMB .A-133, ".Audits of States, cal Governments, and Non -Profit Organizations". Pap .2 of39 PY'14- i 5 Contract CareerSource center Operator (City of Miami) INSURANCE The Contractor, as a self insured governmental entity, shall provide to the SFWIB, prior to the execution of this Agreement, a lettei from the Contractor stating that the Contractor ia self -insured and: a twins an ongoing Self -Insurance Program as allowed under the Florida Statutes and that such self i offers protection applicable to the Contractor's officers, employees, servants and agents whip r within the scope of their employment with the Contractor. The SFWIB shall not disburse any fu - e S WIB is provided with the letter of self-insurance and the SFWIB has approved such d&cu CERTIFICATION OF CONDUCT The. Contractor shall comply with all f der criminal and fraudulent activities.. Cams OF CONDUCT The Contractor shall maintain written standards of cond engaged in the award and administration of contracts. N selection, award. or administration of a contract support interest would be involved. Such A conflict would arise whet: his or her immediate family, his or her partner, or an organitati of the parties indicated herein, has a financial or other interest in employees, and agents of the recipient monetary value. from contractors; or p situations in which the financial interes. The standards, of conduct shall provide: f by officers, employees, or agents ofthe C GRATUITIES The Contract° SFWIB mer SFWIB r The to aunt; brother-, brother, ha Violation available to description' of potential irtelt provision will tate and local laws related'; con zct of interest, n ntractor shal. e, SFWIB SFWIB ap erriing' th. ee, raffieet neither solicit tier t e�ner�ts: flbwev. nee of its employee's shall, participate in the. 1 or apparent conflict of gent, any member of lays or is about to employ any ted for an award. Thee officers,, favors, or anything of or may set standards for d item. of nominal value. ions Of such standards pt a gift from, offer to give, or give any gift to any d Training Vendor, or to any family member of a raining Vendor. the r,mother,'son, daughter, brother, sister, uncle, her4n-lawi son-ira,law, daughter-in-law,: stepdaughter: stepbrother, stepsister; half- ddaughter. o the transfer of anything of ecnner beverage, entertainment, hospitality, ideration provi siar G'V03,, any " emit iolation of this f the Contract e the.:Contract orida al or agency: The Contractor shall follow the provisions t f.seetion 112.313 , F.S.. with respect to individuals employed through the contracted prograrri. This means th valuer Whether in the form of money., or promise, or in any other forth, onstitute a breach of this Contract. in addition to any :other remedies n of this provision will reSult in referral of the Contractor's name and rrn to the State' of Florida, Department oflvianagem:ent Services for the name on the suspended'. vendors list for an appropriate period. This period of:two (2) years, all apply to the Contractor and its employees as this statute applies to a gage 3 of 39 Contractor shall not appoint, employ,, promote; or advance CareerSour PV 14-15 Contract (Gov't) enter Operator (City of Miami) or advocate for appointment, employment, prorriotion, or advancement, it Contractor's business entity any person who is a relative of the Contr. incorporated andmade a part of this policy. "Contractor" means the Contractor or employee of the Contractor in whom is invested. appoint, employ, promote or advance individuals .or to recommend individuals for appoint promotion, or advancement in the Contractor's business entity. "Relative" means :an individual who, is related to 'the Contractor as sister, uncle, aunty first cousin,nephew, niece, husband, wife, f daughter -in -.law, brother-in-law, :sister-in-law, stepfather, stepmot stepsister, half-brother, orhalfsister, CODE OF BUSINESS ETHICS The Contractor shall comply with Sec. 2=8,1 of the Code adopt a Code.:of Business Ethics. The Contractor shall Model Code .of Busineas.thics or a similar code and 'Exhibit D, attached hereto and incorporated by reference has adopted a Code that cormplies`with. the requirements o SELF -ASSESSMENT The Contractor agrees to complete incorporated by reference as if fully. Attachment A of the Self Assessment later than thirty (30) calendar days alto Requirements, attached:hereto and moor; the Self Assessmnt Tool within the re SF'B. NO ASST1 The Con; AP The Conti, ll of the or tly in W *1icable ca i this: Co The Conti these provis CFR Part 600 ilies Prog Dade Court e t,reater Mia, br'nit a Code f-Asses srn nt Too, acid shall provt the i` ce of Conti cation (7 by ref quirin c harriber taf Cotri i ss Ethics Affidaviit,. o stating the Contractor Miami -Dade County, or to a subsidized position in the ctor The definitions below are. ority to ployment,. brother; in-lavr. rother, C , attached hereto and` documents set forth as iprovement (OCT) riot n Exhibit E, Reporting i herein. Failure to submit :Wielding of payment by the n who n part, ith alb ap•. ral,'state and local laws and regulations, including those iaaent Act ,of 1998 and Temporary .Assistance to Needy Families (TANF) (as: ame may be amendedfrom time to time during the term Of this Contract) as well directives, policies and procedures, in the implementation of the terms and modifications thereto, 1 ensuri l its activities under this Contract shallbe conducted in conformance with applicab 45 CFR Part 74 and/or. 45 CFR Part 92 and/or 29 CFR Part 97 and/or 20 and/or 20 CFR Part 667, Subpart B, 45 CFR 98, the Temporary Assistance for Needy ANF), 45 CFR Parts 260 2 5, and all other applicable federal regulations. ROUND SCREENING' REQUIREMENT quires and Contractor agrees to comply with all applicable federal, state and/or local laws, ordinances: regarding backgroundscreening of employees,, volunteers and subcontracted The Contractor's failure to comply with any applicable federal, state and/or laws, regulations, and Miami -Dade County resolutions (collectively referred to. :as "Laws" `: for purposes of this .._girding, background soreen.i;ng of employees, volunteers and subcontracted personnel is grounds for a material breach and termination of the Contract at the sole discretion of the SF' 1B, Page 4:c Pr 1 4--15 Contract (Gov't) CareerS:onree eetiter Operator (City of Miami) Laws include, but are not lirrritedto tire National Child Protection Act (NCPA) of 1993, as amended, and as implemented by Sections 943,0542, 984.01(2), Chapters 39, 402, 409, 394, 407,-393, 397, 984, 985 and 435, Florida Statutes, as may be amended -from time to time. The: Contractor agrees to perform f , kound screening .through the Florida Department of Law Enforcement (FDLE Volunteer & Em " riminal History System (VECHS) prorate. The SFWIB requires and. Contractor agrees that the .Contractor's current and volunteers and subcontracted personnel must satisfactorily complete and pa screening before working, volunteering or doing any work for Contractor work set forth in the Statement of Work, Exhibit A, Contractor shall furnish "TIB with employees, volunteers and subcontracted personnel who will be work' far ntractor on t' satisfactorily passed Level 2 background screening, pursuant to Ch ,�. 5, Florida Statutes, amended from tirnre to time; The Level 2 background, screening shall include, but is not 1 history records checks through the Florida Departmen cr-irninal history records checks through the Federal Bu criminal; records checks' through local law enforcement a' ernployees background aid the he c fingerprinting for statewide crimin forcere LE) and nationwide gation and may include local The Contractor shall not hire persons that have been arrest' s 1 have been found guilty of, regardless of adjudication, or enter t s g or have bteni adjudicated delinquethe record has not be <A prohibited under any Of the follo s of state lawar sirs any offense prohibited under any • ectlan 435,04 The Contractor shall not hire pers entered a plea of No contendere or public assistance fraud or Chapter 4 fraud, or any • t constitutes whether su fitted its this The Cont backgro sectio Any c above It is the respo later than nine confirms the personnel, eznployrnSp ,.Flor 943.0'. may have to any ision to hie' nt and prospe nrelated to theft ble la relax rice as define nether jurisdiction, tain persons on a case-by=case basis where the mployee, volunteer, and subcontracted personnel r financial' trine, is.not expressly prohibited by awaiting final disposition of, of nolo contendere or guilty to, expunged for; any offense of another jurisdiction for tatutes. dless of adjudication, ar ride Statute, relating to unemployment :Garnperzsation etion 71.28 Florida -Statute,. or such personnel with criminal history information described ection 435,04, Florid Statutes shall immediately cease working in any SFWIB- ntractor, employees, volunteers and; subcontracted personnel trust comply with 943,059(4), Florida Statutes or other applicable law. Contractor's failure to eyee, volunteer or subcontracted personnel for failure to comply with sections rida Statutes or other applicable law and report said termination to the h and termination of the Contract at the 'sole discretion of the SFWIB. ty of the Contractor to provide the SFWIB an AffirrrrafionfAckriowledgement Form not days of contract execution, :as set forth in Exhibit E., Reporting Requirements, which and screening, etas completed for all current employees, volunteers and subcontracted m must include the names. of all person(s) screened; date of ,screening, and what ion was made by the Contractor. The Contractor shall ensure during the hiring process all ployees, volunteers and subcontracted personnel subunit to a Level 2 background screening as eve. Th ontractor shall take necessary precautions to safeguard the background screening records of employees, unteers, and subcontracted personnel. Background screening results are exempt from public records and, therefore, tunas be maintained accordingly in a secured and access controlled area to ensure that the records e a 4-15 Contract (Gov't) Career8ource center Operator (City of Miami) are . accessible only to those :authorized to examine such records. The Cottttactor shall xma records to the SFWIB in accordance with Article"II, Section M Oifthis Contract. If the Contractor fails to furnish the with proof: that an employee, volunteer or subcontr 2 background screening was satisfactorily passed and completed prior to that employe subcontractor working or volunteering for Contractor on an SWIG -funded program, t. disburse any further funds and this Contract may be ;subject, to. termination at the s SPVIB. available all s Level eer or hall not etion of the The Level 2 background screening records shall be retained as required here``cor+ h Article. ILL Section ,G of this `Contract; The Contractor shall ensure each er Olovee, F teen and/o tractor` en'i undergoes this background screening every year from the initial Level 231k a u Even if applicable law would otherwise permit, as a provision o not hire any persons or permit arty persons to,begin work or to v or riding any work for Contractor related to this Contract Exhibit A without submitting proof of satisfactory- cot?* SFWII, END OE ARTICLE I Page 6of39 he Contractor agrees lain employed, volun rth in the Statement of and screening Pr 14-15 Contract (Gov't) CareerSoutee center Operater(City of:Miani) ARTICLE G NERA.•;CONDITIONS A. ADHERENCE TO THE TERMS AND CONDITI NS OF FORMAL SOLICITAT The Contractor understands and agrees to adhere to the standards and requirem SF`'TB's formal solicitation for this Contract and Contractors proposal pursuant awarded and funded and said formal solicitation and Contractor's propo reference herein as if fully set forth in their entirety. In the event Cortrac terms and conditions set forth in this Contract then the terms and conditi in. control, PUBLIC ANNOUNCEMENTS AND ADYRTISING The Contractor may not undertake any publicity "or pu Contractor's programs or program participants without radio and television paid advertisements, public service articles shall be coordinated through the SFWII3, and shal SFWIB. The Contractors who receive funds from the SFZ program is operated, trust state that the program is funded media, The Contractor hereby agrees Co protnir developing collateral rrraterials or publi press releases, advertising or any inform materials Stich 'as letterhead, business en. posters, and other such items, .shall be in co these materials shall aided to the publication and When issui cescribin ; cl-earl Fed dollar` GRIEVAN merits, pr Droject or pro (I) the percent ey (2) the do�p f°the tot Termination u1 days prior services per terrnination, effectiv t.aroe 1 relater a invelopes , rice. aces, reque ended in w he total cost deral pub lie eons and writte ents a died under the ontract was oth . rated by oposal co ith the Contract sha artd in al information about by the SFWIB. All or general newvspaper funded through the e under which the. 1 public cam nomination seI tine " logo of the SFWIB when televtaton Vie, any form of media the Conn . ar".s program Collateral hlets and brochures, flyers; s and procedures, Copies of and wrin approval prior to production proposals, bid solicitations, and other documents in part with Federal money, the Contractor shall proararn or 'project Which Will be financed with r the project or program, and (3)`percentage and that will be financed by nor-governtnental sources, applicable Grievance arid Complaint Procedures e; and ause. The SFWIB> relay terminate; this. Contract without cause by providing thirty' (30) ice to the Contractor. The Contractor shall be entitled to receive compensation for ordarce with the conditions set forth herein through and including the date of the SFWIB shall not be liable for any expenses incurred by the Contractor after the nation" of this Ccartract„ The Contractor shall not beentitled to recover any cancellation. incurred as a result of`said termination, a....E . fault and Circumstances Beyond the. Contractor's Control,_ The SFWIB nuiy tenninate this A for de fault and circumstances beyond the Contractor's control including, but not limited to, labor disputes, strikes; fire, riot, war, terrorism, acts of God, or any other causes beyond the control of the parties. Page 7 c 9 PY'14••15 Contract (Gov't) ouree c ter Operator (City of Miami) E, V, In the event of termination of this Contract under this provision, neither party will be responsible for failure or delay in, performance ofthis Contract. BREACH OF CONTRACT A non-exclusive list of breaches of this Contract is as follows: 1. The Contractor fails, in whole or in part, to provide the services set forth in Exhibit 2. The Contractor ineffectively or improperly uses the SFW1B funds pm Contract; 3, The Contractor does not furnish the Certificates of Insurance determined by the SFWIB; 4. The Contractor doesnot furnish proof of licenSure, certi' background screening andfor related reporting requireme 5. The Contractor fails to stibmit, or submits incorrect disbursement requests or 'fails to submit or sub expenditures or final expenditure reports.; C. The Contractor dos not submit, orsubmits incomp 7. The Contractor refuses to allow the SEWIB acce monitor, evaluate and review the Contractor's services' an 8. The Contractor unlawfully- discriminates under:any of the 1 of Florida, and of Miami -Dade jg if providing services County, if providing services or ofthe United 9. The Contractor attempts to 1 digations -tind misrepresentation or material mi 10, The Contractor fails to correct d any governmental body acting with governmental body; 11. The Contra rneet the tei otherwisgfl kt schedule to 12, TheCjJi itthedoeuni ,a erieds set fo 13, 1 in a timely a .set forth in this ad t r faila t ce with the t tractor fails to ants and agree at by the SF not be 14. The SFWI he SFW a. 17. The entitt Career" 18, The Co or ha Car-, 19. nt of Work, .Co der this req 1ited by this Co or proof of or complianc quired by this Contract; plete proof of expenditures to suppa ornplete or 1 jdt detailed reports o reports; ses to allow the SFWIB to United States of America, State i-Dade County, or of Monroe ontraet through fraud, itorin , evaluation or review by tin the time required by the ditions of any Obligation under any contract or 1B or any of its 'agencies or instrumentalities; n required under Article I Section E of this Contract ein; er manner any and all of Contractor's obligations, ,ract. Waiver of breach of any provisions of this a waiver of any other breach of any other provision of the terms of this Contract; failed,. in wh e part, to cooperate with the SFWIB and Partners of the eniOntatiOri of. any Memorandum of Understanding (MOU) entered into between v Partner; iled to comply with the' background screening as required by this Contract; raptor ed to comply with Incident Repotting for abuse, neglect, or exploitation of a d 'person, led adult as requited by this Contract;ctor has iFto obtain the prior written approval of the SFWIB to allow any persons or er than the Contractor, of any kind whatsoever, to utilize in any way or manner any e center -to provide information or services or products °fatly kind whatsoever to anyone; or has failed to obtain the prior written approval of the SFWIB to administer or provide, ed, let, allowed, permitted, or suffered to be administered or provided in any of the roe center(s), services or products or information not authorized by the SFWIB; tractor has failed to follow the Notification requirement's set forth in this Contract under It Sections 4 and X of this Contract. CH OF CONTRACT: SFWIB REMEDIES If the Contractor breaches this Contract, the SFWIB may pursue any or all of the following remedies: Page 8 of 39 PY14-15 Contract (Gov't) CareerSource center Operater (City of Miami) The SFWJB 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 the SFWI13's fonds under this Con ti• (b) seek reimbursement of the.SFWIB's funds awarded to the Contractor under this Contract; a rtttinate or cancel any other contracts entered into between the SFWII3 and the Contract o Contractor shall be responsible for all program and administrative costs associated terrniiat"ron, including the SFWIB attorneys' fees;, The SFWIB may suspend payment, in whole ar in part, under this notice to the Contractor of such suspension and specifying the effec Contractor as of the effective date of suspension shall cease. requested by the SFWIB, the Contractor shall immediately ce Contract. If payments are suspended, the SFWIB shall >sp taken by the Contractor :as a condition precedent to re for compliance. The SFWIB may also suspend any contracts entered into between the SFWIB and the allppprograrn and administrative casts associated fees; uspenti by written ereof, nts to ective date of s ; if rovide services pursu Waiting the actions that s payments and shall specify a whale or in part,. under any oth Ball be responsible for SFWIB attorneys' The SFWIB rn.ay: seek enforcement of this Contract by SFWIB, including,' but not limited to, filing, an action in a c of any such action shall be in Mia fade County, Florida, Th program and adnnistrave c� �JII associated rt SFWII"3attorneys' fees through ` ° t e matter includi. The SFWIB may debar t If, for any reason, the through fraud deems it t h" Contra term ch't cancel an responsible for atiota or canoe ctual obligats ebarred Any v The Contra by any brea. Contractor un may also pur such breac ofthe SPA Conroe am future. antraetor tatiOn or B's best inte ,. �n and speci contracts w.;: the. SFIB's including atto WIB th law or equity available to the ornpetent jurisdiction. The venue for shall be responsiblefor all wxiforcement, including the Contra � ligatr'ons: under this Contract Trent, the SF IB shall, whenever the SFWIl3 this Contract by providing written notice to the. tive date thereof In such case, the SFWIB may t Contractor has with the SFWIB, . Such Contractor: m and administrative :costs associated with any'sueh. Fees. Any contractor who attempts to meet its fraud, misrepresentation or, :material tatement a period not to exceed five (5) years; available at law or equity or administratively; d herein. and otherwise shall, all be deemed independent and cumulative; 11 not be rzewed of liability to the S:FTIB for damagessustained by the SFWIB caused his Contract by the Contractor, and the SFWIB tray withhold any payrnettts to the h time as the exactamount of damages due to the r SFWIB are determined„ The SFWIB y remedies available: at law or equity to compensate for any damages sustained by any ontractor-. The. Contractor shall be responsible forall program and administrative costs ciated with such breach, including the SFWIB attorneys' fees.. contractor shall obtain and maintain in full force and effect during theterm of this Contract any and all licenses, certifications, approvals, insurance, permits and accreditations, rewired by the State of Florida, by Miami -Dade • County, if providing services in Miami -lade County, or by Monroe County, if providing Page 9 of 39 FY' 14 1 $ Contract (Gov't) Career Souree'.center Operator (City of Miami) services in Monroe County, the local municipality where the services are being provided, by the SFW.JB and the federal government. Failure to provide the foregoing items to the SFWIB within thirty (So) days of written request by the SFWIB may result in termination of this Contract immediately by the SFWIB,. NOTICES 1t is understood. and agreed between the .parties that written notice addressed to the Ex SFWIB, and mailed or delivered to the address appearing on page one (1:) of this Co addressed to the Contractor and mailed or delivered to the address appearing on:p shall constitute sufficient written notice to the respective party., J. NOTIFICATION OP LEGAL ACTION The Contractor shall notify the SFWIB oflegal actions taken again as lawsuit, relatedto services provided thrbugh"this Contract o- deliver the: contractual services, or adversely ii pact the SF (S).days :af'Contractor becoming aware of sucl�.aetions ai first. OTTER NOTIFICATIONS The Contra questions, c shall promptly notify the Executive Director .cations, relating to or off e the Contractor's p L. PUBLIC RECORDS 1. The Contractor shall allow public the provisions of Chapter 119, Florid this Contract, except that public recoi disclosure .a Gent of Su rminati, eside in elec e 1B-26.O0.3 o must be prote derived fro shall res main 11`a n public"ems irdin ency In order to perform the sere 11 dod for of the en riotice Contract ntractor or potential action y impact the Contractor's abilit SFWIB shall be notified within flv day of the ..le Brig; whichever comes g, of s Contrac issues her material subject to "ontractor in connection with. word disclosure by law riot 11 ea to criminal history information lure of the Contractor to allow such public access his. Contract or any reiewval. The Contractor shall and beeping, systems in accordance with Chapter ida Administrative -Code. he Contractor shall., y arid necessarily would be required by Provi+ , blie with access to public records on the same terms and conditions that he pubh would provide the records and at°a cost that does not exceed the cost vided in t ter or as otherwise provided by law; hat pub records that are exempt or confidential and exempt from public ,cl'ostire requiren ents are not disclosed except as authorized by law; and quirements for retaining public records and transfer to the SFWIPI, at no cost B, all public regards created, .received, maintained and or directly related to e.rformance, of this Contract that are in possession of the Contractor upon nination of this Contract. Upon termination of this Contract, the Contractor hall destroy any _duplicate public records that are exempt or: confidential and exempt from public records dise1oure requirements. All records stored electronically must be - provided to the SFWIB in a format that is compatible with the information technology systems of the SFWIB. Page 10 of a9 F 14-15 Contract Care Source center Operator (City bf ov't) lama) For "purlanses of this Section, the term "public records" shall mean all documents,' papers, letters, maps, books, tapes, photographs; films= sound recordings, data processing software, or other material,. regardless of the. physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the SFWIB In the event the Contractor does not comply with the public records disclesur Section 119.0701 of the Florida. Statutes, and this Section L of this Contrac itself of the: remedies set forth in Article II, Sections D, E, and F ofthis `Con M, AUDIT, INSPECTION AND ACCESS TO RECORDS The Contractor shall permit the SFWIB or the SFWW °s. designee government or any other duly authorized agent of a governmental ag copy or transcribe Contractor's client records, financial records personnel: records, records of all disseminations of -criminal hi (including storage media) pertinent to this Contract during (5) years following termination of this Contract or final compliance with the terms hereof, or to evaluate- the C shall also permit any or all these aforesaid. entities to pursuant to the terms of this Contract. The monitoring agen appropriate such monitoring which may consist of internal-e data, special analysis, on -site checks or any other procedure. tl The Contractor shall provide full and cress to arty this Contract to SFWIB, the State of Departi the United. States, or any of their duly au MODIFICATIONS Any alterations, v valid when they AUTON Both impt contra Contract° of the SF ss serva For Gov off+ dank age suits, the ..pe odifications, e: d to writin t Florida an. drt, inspect, exa ng documents, statistical on, and any other docu his Contract and for a period of under, w ver is dater, to assure. nder. The Contractor ducted by the. Contractor titan, deem necessary or illation of program set forth in shall avail ices paid for under omptroller General of givers ofpravis ars: of this Contract shall only be ved and signed by both parties hereto; endence and autonomy of both parties hereto .and cting; parties. The Contractor is an independent pressiy understood, agreed and intended that the and is, not an agency or instrumentality of any kind ore, the Contractor's,officore, agents, servants, and employees are not officers,,. oyees of the SFWIB or any of the SFWIB's agencies or instrumentalities. The Contractor shall indemnify and hold harmless SP'WI13, its loyees age° s, servants, agencies and instrumentalities fr'orn any and all liability, losses or ding attorneys' fees .and costs of defense,. which SFWIB and its officers, employees, s, agencies or instrumentalities may incur as a result of any and all claims, demands ction or proceedings of any kind Or nature arising out. of, relating to or resulting from e of this Contract. by the Contractor or the Contractor's officers, employees,. agents, rers, principals or subcontractors. The Contractor shall pay all claims and 'losses of any an ection therewith and shall investigate and defend all claims; suits or actions of any Kind or he name of SFWIB, where- applicable, including appellate proceedings, and shall pay all A , , judgments, and attorney's fees which may issue thereon. Provided, however, this indernnification shall only be to the extent arid within the limitations of Section 758.28 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 pr judgrpent by any one person which exceeds the sum of $200,000, or any Page 1 PY'iLl-15. Contraet;(Gov't) CareerSour``ce::certter+ Operator (City of Miami). olahn 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 which exceeds the sum of $00,000 frotn. 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, employe Servants,. agents, partners, principals or subcontractors 2.- Term. of Indemnification, The provisions of this intlemnification shall ;survive Contract and shall terminate upon the expiration of the applicable statute of limi SUBCONTRACTING 1. The parties heretoagree that no sub shall be entered int without the .prior written :approval ofthe 'V4'IB said prior discretion of the SPWIB . In, no event shall such prior written appro.ra Contractor's obligations under this Contract, or eh The Contractor shall ensure, that all applicable pr subcontractars..Tt is expressly understood and age subcontractor(S) for any expenses or liabilities of entity under any subcontract. SONS NV1111 DISABILITIES S ASiB LITY 0 Contractor shall conduct all Disabilities (ADA) Act of 1990, See Act of 1964 as amended, and the re disabilities; The Contractor shall; procedures to ens, disability�rel amended, diserim The c pert The Cont disabilities Atrmerioa n the basis of 'or's, staff shall b ,ustorn.er serve: refer 4. Iiavii The Contraz o individua n 11)E0,10 Iono .. Disabilit; or and ope° lA, Sectio h Disabiliti` lity and requir oughly trained cnrnm odal at'prograA nation, including; le r pursuant to oval shall be issued' anon of this eve the Contractor -front th ns o f this Contract. finding -"upon aJl` such li ,not be liable 'to .any neurred by any person cr ith the. Americans with VI of the Civil Rights aspect to persons with; ordinator to ° e tablish and implement internal are' knowledgeable about and comply with the iort"504 of the Rehabilitation Act of 1973, as (ADA) of 1990 P.L.1.01-336 which prohibits noble accommodation for persons with disabilities. "ding services to individuals with disabilities as it nd etiquette. under this Contract are accessible to individuals corn moddations for an hidividual's'disability; the most integrated setting appropriate to t needs of individuals • individuals with vision and hearing Impairments during recruitment spective-prograrn participants; and ble in alternate formats, I ensure that the physical facilities utilized under this Contract are accessible at all times disability; in accordance with the applicable standards of the State of :Florida as set forth. Civil Rights "Facility Accessibility Checklist" posted on the Florida Department of pity (DEO) web site at: www,tloridalobs.org or shall submit to. the Sp l B an alternate. e physical accessibility to individuals with disabilities provided services under this Contract.. GHT, PATENTS, RIGHT TO DATA for the Contractor's Own internal use,.:; the Contractor: all not prof fish car reproduce -any data or Page 9 PY' 14 W 1 S Contract (Gov't) center Operator (City of Miami) information, in whole or in part, that is recorded in any form or medium whatsoever and that is delivered or specified to be delivered under this Contract, nor may the Contractor authorize or permit others to do so without the written consent of the federal. government, through the State of Florida, until such time as the. federal.. government may have releasedsuch data or information to the public. As authorized by 49 CFR 18.34, the federal government, through the State of Florida, rese yalty free, nonexclusive and irrevocable license toreproduce, publish or otherwise use, and to . l the State of Florida and others to use: Any work. developed under copyrighted. :his Contract or a.- ultirig subcontrac 2. Any rights of copyright to which provided for under this Contract. In the event the Contractor'is granted written approval from any services required by this Contract, the Contractor contract,from violating any of the terrns of this Section T. RIGHTS TO INVENTIONS MADE .UNDER A CONT V.• subcon Contracts or agreements for the perfbrrnanae.ofexperimental, dF for the rights of the Federal Government .* the recipientin any re CFR part 401, "Rights to Inventionfrprofit Organizatio Government Grants, Contracts. and Co its ,, and any the awarding agency. a : s.chases ownership prohibit INTELLECTUAL PROPERTY RIGGH'I The Federal Govern otherwise use, an• a; E_ under the gram to which th e limited t+ includ= elect such c�, the deve er developed at eisaddei with gr ""This work Training A' position of th assurariCe•s of linked sites: usefulness Bated` - ,. sub=gra ula, training re not limited t or otherwise, d materi: a paid -up,' touse fo contra ontracto clinical t to modi �a not be opy in including intellectual ant and roust be expended dice=subcon ENT actors taper ontractors, by writl is or research work shall provide vention in accordance: with 37 all Business Firms Under ng regulations issued by d irrevocab e`license to reproduce, publish or oses: (i) The copyright in all products developed he grant or subgrant; and (ii) any rights, of copyright hases ownership under an award. (including but not products,and any related materials). Such uses tribute such products worldwide by any means, o pay any royalty or licensing fee associated with ay costs for obtaining a copy which are .limited to revenues are generated through "selling products property, these revenues areprogram income. Program for allowable grant activities (2 CFR § 215.36). Jude the following language on all products developed in wholeor in part tution ivas i ded lty a grant awarded by the U.S. Department of Labor's Employment and ation. 'The salution was created by the grantee and does. not necessarily reflect the official. Department of Labor. The Department of Labor makes no, guarantees, warranties, or d, express or implied, with respect ,to such information, including any information on. luding, but not limited ta; accuracy of the information or its completeness, timeliness, aey, continued availability, or ownership. This solution is copyrighted by the institution:that ial use by an organization and/or personaluse by an individual for non-commercial purposes e,:All other uses require the prior authorization of the copyright owner." OYME.NT.E,LIGIBILITY VERIFICATION Pursuant to Executiv Order 11-116, signed May 27, 2011, by the Governor o Page 13 of 39 PY' 14- 1•:5 CareerSoutce center Operator requires DEO (Gov't) Miami) contracts in excess nominal, value to expressly require Contractor to: I Utilize the U.S. Department of Homeland Security's -Verify system to verify the eligibility of all new employees hired by Contractor during the. Contract term; and,. 2. Include in all subcontracts, under this Contract, the requirement that subcontractor gy ri ng work or providing services pursuant to this Contract utilize the -Verify system to v mployment eligibility of all new employees hired by the subcontractor during the term of +ntract. E-Verily is an Internet -based system that allows an ettployer, Using informat mployment pIoyee Form I--9, Employment Eligibility Verification, to determine the eligibility » I 'new emp _ _ fired to. work in the United States after the effective date of the required Memor Understanding the responsibilities and elections of federal contractors, however, may v. fated in Article ILD, MOU. There is no charge to ernplkyers to use -Verily. The Department of Homeland Security's E-Veri ysystem htt.:f/wvrw:dhs. ovlfilesldr6 If Contractor does not have an E-Verify MOU to effect: prior to hiring any new employee after the, effective date The Contractor shall maintain evidence of the use of the E-Ve The Contractor shall maintain a personal =far each staff person with the SFWtB's Policies and J rt ced d federal laws, IMMIGRATION REFORM AN:D CO The Contractor shall comply with the re; which reuires employment verification an will perform any servr • er the contract., INTERGOV The 170 SONN LA requirement C the -Verify system n the employee's personnnal file. der this' Contract in accordance and Control. Act of 1986; any individuals hired who rgoverrartcntal: S'ersorirwdl Act U,K, Sec. Page 14 of 39 PY' 14-15 Contract Car earSouree center Operator (City of ARTICL III pizoGRAIVI MANAGEMENT A. PERFORMANCE Performance shall be defined as the. Contract, in accordance with Exhibit hereto and incorporated by reference recruitment and enrollment of clients different funding : streams. SUPERVISORY SORY CASE REVIEW Contractor having attained the goals and ob' A, Statement of Work and Exhibit D, P as if fully set forth herein. The Contract in a sufficient amount to assure tha `1 he Contractor shall conduct monthly supervisory quail of the Program management staff and monitor complianc accordance with the SFWI 's Policies and Procedure SF"\VI's Quality Assurance Unitin accordance with Exit and incorporated by reference as if fully set forth herein.. be. Maintained by:'the Contractor and made available for monito, PROGRAM REPORTS Data for. reports shall be generated Perforrnance shall only be deemed to MIS. It is the responsibility of the Can internal performance. monitoring purpose. accordance with Exhibit E, Reporting Reg MONITORING The Gin monitor] rnonit and The Con visits, ehen +at and o+ ride fall permit 's and eva u, fiscal and prog re ot. dle disc NCE "s sta of the service a tic cornplianc eview nd e le ©rtla in this ns attached le for the sr the o assess the per ormanc ce requirements in be, submitted to the merits, attachedhereto r these: reviewsshall Ili upon request. em(s) (NITS), he applicable' ports are produced for shall be submitted in uthorized agents. to perform randorrr and scheduled. h are the subject ofthis Contract. The SFWIB may cite terms and conditions of this Contract at any FWII3's officers, agents or employees, to conduct site eye, and other techniques deemed reasonably necessary to fulfill the monitoring. t SFWIB. Monitoring results and findings shall be communicated to the 1 written report and may require corrective action by . the Contractor, The c encies cited within the period of time specified in the report If such thin the specified time, the SFWIB may suspend payments or"'terminate this �e SFWIB. actor shall maintain a..separate individual case file for each customer served in accordance, s and, procedures established by the SFWIH for customers enrolled in any of the SFWIB= d prr,grams.: This file shall include all required documents as set forth in the. SF'WIB's. These files shall be subject to the Audit, Inspection and Access fd Records requirements: Article II, Section M of this Contract. 9 P i' I4-1 S-Contract (Oov't) CareerSource eerster perator(city+ ofm4 mi) Blectronic All electronic custt mer files shall be updated in the applicable Management Information System. (MIS) to reflect the most current activity. These entries trust be supported by the opriate documentation in the hard copy file. Failure to update the electronic case file timely s ely and with information based upon actual activity,, may result in corrective action, with. payment, termination of this Contract and de -obligation for non-performance, e The Contractor intain a hard copy and eleetror maintain, atall times, a file:rrtaintenance error rate of not mor Medical Records All medical records, which are part of the eligibility d be kept in a separate file and in a designated, prop be lirnited to persons authorized by the Contract Of the participant's permanent file, shall be imrne The Contractor shall be liable if access to medical. local laws are breached. •.Domestic 'Violence Records All domesticviolence records, process, shrill be kept in a separa violence reerards shall be limited'. do not become a part of the par absolute confidentiality; The Contr provided and ilk state, and/or Back round screeni to �ftle and in ards to keep t a sure th The Contra by this Cont Contractor sh the term natio request oft copy a hr sr percent le and :ion or case management process,: d area. Ace nedical'xecords shall e docuntert' do not, becomea part. edded t absolute confidentiality. d any federal, state, and/or e eligibility rc perly ion or case management ea. Access to domestic sitive documents, which diately shredded to ensure tic violence records is rds, which, a of thecase management process, shall be kept in a nated, proper ured area. The Contractor shall take necessary reening r s of.participants irr a secured and access controlled 1' to those authorized to examine such records. Access tng recur s a ited to persons authorized by the Contractor. Sensitive do not become a part of the partieipant's permanent file, shall be immediately e absolute confidentiality. The Contractor shall be liable if access to background provided and any federal, state, and/or local laws are breached. derstands a agrees that the Case files that the Contractor maintains for programs funded e the SFWI 's property and are rntintairied for the SFWIB's beneht. Therefore, the t dispose ofany case files Without the prior written consent -of the, FWIl3. In the event of is Contract,: the Contractor shall transmit immediately all records to WIB upon the Tl NTION year Requirement: The Contractor shall keep all cords, accounts, and documents related to the. a . ion and performance of this Contract or any modification hereto for five (5) years following the expiration of this. Contract, Httwev'er,;'ifany audit, claim, litigation, negotiation or other action involving this Contract or modification hereto has eon menoed before the expiration of the. five (5) year period, the records Page 16 afa9 Caree P'Y' 14-15 Contract (Gov't) tor (City 'ofMiami) shall be retained until compietio:n of the action andresolution 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 the SFWIB to facilitate the, duplication and transfer of any of said records or documents during the required retention period. The Contractor shall advise the SFWIB of the location of all records pertaining to this C act upon the request ofthe >SFWIB and shall notify the SFWIB by certifiedmail within ten (10) days ing said records if and when the records are moved to a new location. Tlye Contractor and any subcontractor shall maintain documentation of expendit ed under this Contract for a period of five (5) years from the date of submission of the final. rei • west for that hichever grant year or until the, resolution of any audit findings or any .litigation relit occurs last, CONFIDENTIALITY 'OF RECORDS The. Contractor shall Maintain the confidentiality of any ' Lion regarding program patticip that identifies or may Ibe used to identify;program pa s and. Which may be Obtained throe; proposal forms, interviews, tests, reports from publr• t . res or coutrselo any other source The: Contractor shall not divulge such information wi , e written pe • of the participant, ;or participant's responsible parent or guardian when ble, except that such inf€irrnation which is necessary.; as determined by the er s related to the perforrrsance or evaluation of the Contract maybe 'divulged to the S r prsons as the SFWIB May. designate Who have responsibilitiesfor r onitoring or evaluu: ser rlees and perf rmances. under. the Contract, or to governmental a ; • rues to the extent tiecess; • e,proper administration of the law and the provision:4fservrc e of information sh • accordance with applicable federal and state laws as well as _ , •cedr res Of the S. a release of informationlu. by the Contractor, if such release ` airs• � ' a fate law, sh b tstrued as a breach of this Contract. The Contractor shall p ea: corrrp i f1z erra ent, .ttachrnetrt 5. Confidentiality Foritrs. The Conti i in rse b :` g and utilizing confidential workforce, pro rrriat o-n for the , • • a erfoxrnirig Contractor's duties under this contract,. shall errsu security t contractors, subcontractors, and any subsequent subcont :: = o}fees conipl' fo1Iovt+i g certification and acknowledgement forms: Disclosure a I! nfidentiality Certifrt~atk►n Porto, Attachment corporated by . ce as iffully:set forth herein. , Attachment 7, attached hereto and incorporated by All:comp1 ontrac nel file. y se shall be retained as required herein in accordance With Article III; Section G of ntractor shall maintain the completed confidentiality forms in each employee's ound Se record information derived from the U.S„ .Department of Justice shall not. d outsid~ : e Contractor's entity .or used for a purpose other than that specified. in the zrg the request, Section. 943.0542, ES. CU IT '' OBLIGATIONS snake every effort to protect and avoid unauthorized release of any personal or tion,as set forth in. Article III, Section I, by ensuring both data and storage devices d. if encryption of these devices is not possible, then fhe Contractor shall assure tha t. ed personal and confidential SFWII's and. State of Florida's data will not be stored on elated storage devices. C?f 39 FY' 14.15 . Contract (Gov't) CareerSource. center Operator (City of Miami) The Contractor shall •not electronically transmit any personal or confidential information. If electronic transmission of personal or confidential information is requested by anyone whatsoever, the Contractor shall obtain approval in writing frorn the SFWIB prior to the release'of personal or confidential information. Once approval is obtained, personal or; confidential: information data shall be enc d by the. SFWIB's IT Department prior to the release :of such data: The Contractor agrees to notify the SFWIB Help Desk not later than 24 .hours follow on of any breach or potential breach of personal and confidential SFWIB's and State o The Contractor shall provide notice to affected. parties .not later than determination .of any potential breach of personal or confidential. provided in Section 817:5681, F.S, The Contractor agrees to abide by :all applicable SFWIE's Infoorm po.lieies. The Contractor (including its employees,.sub-contra Contractor exposes confidential: information obtained unde stored, any Confidential iiforniatian on .any portable star etc.) or peripheral device with the capacity to hold infori shall constitute a breach of contract. During the terns .of confidentiality access agreements; Which is requited by syste of the Contractor'semployees, security officers, eantracters;'sub data systems. PELL GRANT AND OTHER FIN The Contractor shall first access P committing or obligating Scholarship fun shall be used only to the extent other sour is not available:. For training institutions .g..'`'ease file shall be kep eligible. The Contra ich issue PELL t r d tier an.y other evide ; ' a completed Pep. ~ Mf:Education su• Regal SPWIB d. budget, the days to retie payment 'until filled within A. ntractor aff suf i F 2t►g 1 �.:at h7+:Y ntain. an organizational structure and adequate programmatic;, .administrative and ulfill the Contractor's .contractual obligations hereunder, The Contractor shall Hire/ Termination Reports in accordance with Exhibit E, Reporting chee' and incorporated by reference as if sully set `forth herein. In the event the: hat the fat ctor's staffing, levels do not Conform to those in the Contractor's approved. shall: advi" the Contractor in Writing and the Contractor shall have thirty (30) calendar e identifiedstaffing deficiencies. Failure to comply may result in the .suspension of ng levels are corrected. Budget modifications may be, required when vacancies are not cified time frame and result in program income in accordance with. Article IV, Section rship al, state, or of the PEL. wing the s data ology Security procedu any other individuals to shall not store, or allow to b ., laptops '= a b..drives, hard drives, ute to stri `'ply with this provision. act, t actor mustobtain signed ess privileges, for all r to their access to electronic istance prior to dual. Scholarship funds f the training or tuition that a ° *. EI L .eligible, documentation training institution or program is non -TELL FWTB's program participants in applying for the holarship or entitlement funds. This shall be pplication and a Student Aid Report from the :file, GUSH PR FXCIENCY (LEP) ni•ficant number or proportion of the population eligible to be served under this Contract needs or information in a language other than English to be effectively informed or to participatein the services provided under this Contract;. the .Contractor shall provide. a Certified Interpreter and take steps, considering the size of the program and the size and: concentration of Such population, to make available to such persons any written and audio-visual material, in the appropriate languages,and in alternate formats for Page 18 of39 PY' 14-15 Contract (Gov't) Carottrce" center Operator (City of Miami) N. ABUSE, NEGLECT, AND EXPLOITATION INCIDENT The Contractor shall immediately report knowledge or reasonable s of a child, aged person, er disabled adu14,40 Florida:bUse RAH number (I800-96ABUSE) or via the option at htt ://ww tU fax at 1-800-914-0004, or via TOD (80 ired by Chapter is binding upon both the Contractor and END 0 Page 19 of 39 individuals with a disabitity, distributed to the public relating to the services provided pursuant tb this Contract, The Contractor shall conduct an annual two -week assessment binning or April 1, 2015 an ding on April 15i 2015, of the languages spoken by LEP customers, as required by the SFWiBJries and Procedures. The results of the survey shall •be tabulated and submitted to the S Program Administrator not later than April 22, 2015 as set forth in Exhibit E, Reporting Ret nts, attached hereto and ineorporated by reference as if fully set forth herein. TRAINING OF' STAFF The Contractor shall ensure that employees responsible for. program. c administrative and program compliance training in: Required Participant File Contents (In accordance with the io pass -through Entity Responsibilities (OMB Circular A-4 6 Contracts Management/ A.dministration (45 CFR 74. Jian e receive appr Policies and Procedures) n .400(d) of abuse, neglect, or exploitation e statewide toll -free telephone terfl,uSiabusefreporti, or via 415,.ES,, this provision Ply"1415 Contract (Gov't) CareerSource center Operator (City of Miami) ,ARTICLE .IV FISCAL MANAGEMENT PROGRAM INCOME 1. Program IncomeShall Be: Forthwith Remitted to the SFWIB Program incomeasdefined in Exhibit F, Definitions, attached heret as it' fully set forth herein, realized in operating a program under th hereto, shall be reported to and forthwith remitted to the "SP1 which the income was realized. 2. Audits Shall Contain a Program Irmo -ate Schedule All audits of the Contractor shall oontain a detailing program %novme realized under this provided to the SF1 3: Contractor's Use of Program Income WIA regulations require -that prod "a rreo provide the same services: as st Contractor's budget in accord shall be accounted for in accordan this Contract. INTER1' A; The Co Acco Conn Corm i account folt Contract.; The C� electronic expenditure These reco. (GAAP). �r .agrees to m; rinc Ales, (GA Crenera1 of panso Contractor's b Itandards for Ir tin pared by th and said se shall be added al Contract. In th °visions ditions go' aCt, or an nd of each cji of the Contractor all audits shall be Terence coon: in act award and: used to me shall be added to Contract, this income 11 funds awarded under d dcrl ors (I 1}:t lli hall be er: d records i:n accordance with Generally Accepted Control in the. Federal Government" issued by the al Control Integrated Framework" issued by the Away Commission; and to institute fiscal controls to d spent to perform the Contractor's obligations under this all ' records, books, and documents, including electronic storage media and that ide e SFWIB's funds and which contain information pertaining to authorized ations, de'obligated balances, assets, liabilities, outlays or expenditures and. income, 11 also be maintained in accordance. with Generally Accepted Accounting Principles re that accounting records reflect the separation of all programs/activit s they h they receive funding, The Contracts shall ensure that a clear audit trail: exists received from each expenditure as it relates to the applicable programlact vityi. ENT REQUIREMENTS The Contra ctor• agrees `to adhere to the following pro goods and services including, but trot limited to Page 0 of 3 Ctr'nent requt airing suppl Caree when obtaining any and all equipment, rental agreements, PX' 14 l 5 Contract (Gov't) rater Operator{City of Miami) construction, maintenance, professional and consultant se ' s, necessary to p&forr obligations of the Contractor pursuant to this Contract, erviees and I. Proourement actions, unless otherwise stated herein, with an aggregate cost of five-h dollars ($500,00) or less shall be considered a small business purchase and shall not rgjPy formal procurement, such as a Request for Proposal or Request for Qualifications. Howev i Awe requesting •quotes for goods and services, Contractor shall keep a record of the entities co ,,,,:l.',6f' r the purpose of , securing any quotes. and shall record the quotes received. Contr submit such documentation when seeking reimbursement for this expenditure and sh cord of the procurement and the receipt and payment for the goods or services 2. Procurement actions for office supplies, Le. paper, pens,. toner, gegIard1ess of costs, e. sole responsibility of the Contractor, 3. Procurement actions with an aggregate cost of five hundjPone dollars ($501.00) or more shah purchased by the SFWIB at the sole discretion of the 4. Procurement actions for office furniture (Le. desk file cabinets egardleSs of costs; shall be purchased by the SPA/LB at the sole discretion of 5. Procurement actions to renovate, remodel, reconfigure, o e interior design or layout of a CareerSource center In which the SFWIB is not the lessee sh11roved, in writing by the SFWIB prior to the initiation ofpraeurerne Contractor. 6, The Contractor shall not renova CareerSource center in which the 7. Procurement actions for computers installed on computers purchased by t of computers is at the sol r snai scribed in 8, ement actio d orim' ter into Pr it A, Statem re, or modifylJ5or design or layout of a e purch the SFWIB, ny software -applicationto be he SPWIB. The procurement nal Services Agreements or subcontracts to render Work, without the prior written approval of the federaJPte and local laws related to nepotism, conflicts of 10. The c 11 reimburse the SFWIB for any funds expended under this Contract when the Cotitractit Or cannot produce the documents required to demonstrate, to the satisfaction of SFWIB 114'' irocurement requirements of this Section have been followed:, acneainefJjion of proourement requests shall be established by the SFWIB and shall be fed to th- actor in the, form of written instrUctions. The Contractor shall submit an pleted, si ed and dated procurement request fonli to the.SFWIB as specified in the dims or shall submit an original completed, signed and dated procurement request form to the specified in the written instructiOns. The Procurement Request Form and written can be obtained by authorized users via, the website at: tra et. careersourcesf1 con; 1. SI 12/siteSiintratetirea niredReports/Shated%20Docunients/CSSF aiDocS/Procurement/Servicay020ProVider%2QPrOeurernent%20RequeSt%20FortrOdf PY'i 4-15 Contract (Oov't) CareorSOnrce center Operator (City of Miami) Page 21 of39 PURCI4ASE 0 AMERICAN-MADE EQUIPMENT AND PRODUCTS The Contractor assures that, to the greatest extent practicable, all equiprna.ent and funds made available in this Act (P.L, 103-333 S, 5 7) will be American -made. INVENTORY The Contractor shall reconcile the general inventory'of all property and equip SFWIB's funds. The tirnefrarne for completion shall be established by communicated to the Contractor in the form of written instructions. The Contr signed and dated Capital Inventory Report electronically to the SFWIB's original hand delivered or mailed to the SFWIB's "Facilities Unit as set fo Immediately upon discovery, the Contractor shall notify the SF'\ date and reason(s) for the loss. The SFWIB shall conduct random and scheduled`invento program year. Upon request by the SFWIB, the Contrao discovered, andupon request by the SFIIB, the Contra depreciation value of the missing items. The Contractor may utilize such property writing, by the SFWIB. The Contras without the express written consent oft Title (ownership) to all nonexpendable pr SFWIB and said property shall be trans& unless otherWise authorized in writing by" Title to supplit. residual inventr completion sponsored § activities SFVI .; ETNA The Contrao :hed The Cantrae accordance incorpora: a for dis r another • SFWIB-fun`f trot sell., trade, tray ridable props aplies e.; see atn and the Contractor she ritien approval , compensation sh oducts purchased with rith the 11 be 1 sub pleted, Unit any ' t d the eri instructs of any property loss lions throughout f discrepancies ar ent, based upon the prior :approval, in move any property. all be vested in the nation of this Contract re Contractor upon acquisition. If there is a total aggregate value upon termination or not needed for any other SFWIB federally- the supplies for use on non -Federal sponsored SFWIB, but shall, in either~- case, compensate the omputed in the same manner as for equipment'.: 'ply with all provisions of the;SFWIB'sFinancial Closeout Procedures, lxhiblt icorporated by reference as it irliy set forth herein, upon the expiration of this n=oseaut required by the. SFWIB shall be completed and submitted not later than dar d the; expiration of this Contract. Non -receipt of the required closeout package umen the specified due date shall result in the disallowance of all costs included oseout es that all expenditures shall be made. ,hibit<%I, Budgets for Admnistratve Co ference as if fully set forth herein. d ail costs incurred by the Contractor in and Program Costs, attached hereto and. or shall be allowed to shift funds within. the Contractor's pro grar r line `item budget, All budget. :icatrs shall be approved, in writing, by the authorized"represeAtative of the Contractor and shall be rded`to the SFWIB Contract Manager for processing, Any expenditure made and incurred prior to al approval by the SFWIB of a written budget modification request may be disallowed in the sole retion of the SFWIl3. Page 22 of 39 Pr 14-15 Contract (Gov't}; CareerSource center Operator (City of Miami) Variances greater than five Percent (5%) in any budgeted position salary and jenercti5ian fine kern shall require the Prior Written approval of the SFWIB Executive Director. Approved budget modifications shall replace Exhibit H as Exhibit 114, a copy of which shall be attached hereto and incorporated by reference as if folly set forth herein, In rio event shall the budget(s) for administrative costs exceed tertpercent (10%) across th streams The Contractor shall amend the budget, if applicable, at the end of the first Os') third (3r) program year qtiarters, not later than September 30, December 31, and Mar sped d a final fourth (el) quarter modifiewkm shall be allOwed and Subrnitted, not later thaiijW 30• In th s at the modification within ten (10) business dayafter being noted of the Contractor's contract is not renewed for another term, the -Contractor e allowed to su .Staffing changes (including,but not limited to adding nam incorporated in the budget not later than the next avallable q I. CONTRACTOR'S COST ALLOCATION PLAN K. The Contractor shall develop and implement a cost entre requirements 'set forth in OMB Circulars A-87 (2 CFR part 22 the One -Stop Comprehensive Financial Management Technical As published by the U.S, Department °flab e Guide can be found a htt ilivv-ww,do ,01;,,adigitt fiFina1TA0 Au ding ff filling vacant positions) Shal odification period set forth herein, Expenses charged, in Whole or In part, to said cost allocation plan. The Final Guid be found at: htt i ://www.flori 'obs,c The Carib:atter AssesSitteitit T The Ca calcu Roc° maintai disallowa chin shall inainta in accordance Mention and ropria 'S CO acknow and the fu a consistent allocation pL If the SF I utilization 9 charged, i Ike ov t comp atthe [located t r during th actor's cost attached beret propriate sup e records referi NI, A CATION PLAN' is in conformity with the PR part 230), and A-133, and Guide, dated July 2002, which is r this Contra or Regi, ina1RTIWtoeed be in accordance with al Workforce Boards can res072805; plan to the SFWIB as set forth in Exhibit C, incoporated by reference as if fully set forth herein, documentation for: Contractor's, cost allocation quiretnuits set forth in Article In, Section G, Inspection and Access to Records. Failure to the Submitted and approved plan may result in cost ortion of the overall Region 23's utilization of funding. The Contractor r shall be responsible for utilizing the funding provided under this Contract he Service Account Management Systems (SAMS) for participant casts in erm of this Contract so that the SFWIB is able to maintain the SFWIB's cost not maintain the SFWIB's cost allocation plan due to the Contractor's inconsistent tract funds then any over -expenditure that may be experieneed by the SFWIB shall be e or in part, to the Contractor based upon. Contractor's pro-rata share of the impact caused by 'tures. IPANT COSTS Individual Training Account (ITA) Costs: For the Workforce Investment.Act (WIA) Adults, Dislocated Workers, and Rapid Response programs, the Contractor shall receive an initial allocation of ITA funds (Training, On -the -Job Training, and Paid Work Experience) which shall be available through the use of the • Page 23 of 39 FY ' 14-15 Contract (Gov't) careerSource center Operator (City of Miami) SAMS. For the: Trade Adjustment Act (TAA) program, the Contractor shall receive an initial allocation. for participant ITA (Training only)'which shall b'.e available through' amuse -,Of the. SANS.:: The Contractor shall effectively manage and spend the hinds allocated during this Contract :period. The Contractor shall be responsible for the under and, over -utilization Of•the funds provided for partieipannt ITA costs. Transportation. and. Suvnort Services Costs For the. WIA Adults_, D(stgcated '4We Response programs, the Contractor shall receive an initial allocation of participant. co support services)' which -.shall be available through the use of the SAMS, The Co manage_ and spend the funds allocated dating this-:Contraot" period. The Contractor under andover-utilization of the funds provided for participant costs For Temporary Assistance for Needy Families (TANF) program, allocation of ITA, Transportation and Support Services funds. 'thes the use of SAMS. The Contractor shall effectively manage:. Contract. period, The Contractor may transfer funds arriang Transportation and Support Services) using thetransfer responsible for the under and over -utilization ofthe fund or shall receiv ons-shall be available the funds allocated durin participant cost categories (I in SAMS. he Contractor shall be r particip Rapid station and effectively ible for the .The Contractor shall pay for participant costs directly and butte SFWIB, The SFWIB reserves the right to monitor Contractor or re -obligate said funds if the Contractor demonstrates an inabil The Contractor may request to amend t}ie.desi;gnated amount fo: fir0,,,(1;), sec'und (2'`�), and third (3`d) q end a final fourth (0) and submitted, not less than `thirty (30 ®the expiration a request, in writing, to the SFWIll anyated amount Contractor shall monitor the SAMS':all ri d s °T1a11 be. over utilized during the termof this Contra L. DEOBLIGATION FOR NON-PERFO The SFWIB rese through a dear SFWIB de amount vo The th tta tha awarded. e c;ontracto . . ct> The d the tea MON CICI sole dis ang the total` the C tor's total.. p decrease .o ray not b .eX,pencled shall submit a written.. requ he decrease. Approval of a d r this Contract froth the rids and to de -obligate ely manage the funds allocated, rtiaipant costs at the end of the odificatlon shall be allowed net The Contractor shall participant costs. The sible for any portion he Contract award amount. awarded to the Contractor, when and if the ill not be expended in accordance withthe nt of funds, awarded when it has been determined by the. periodof performance as set forth under this the SFWIB Executive Director which specifies the crease shall bein the sole discretion :of the' SFWIB.. RequeW Payment he "SFWIB agree to pay all allowable costs or services incurred by the C0ntrac. accordance with the tering of the'PaymentProvisions, Exhibit D whichare allowable under th WTB's guidelines. To receive payment, the Contractor shall submit an original invoice. pad lcag ch shall include an original signed Contract Invoice (Exhibit :1), an original signed Per .. a I'aysme►rt Invoke (Exhibit J) attached hereto arid incorporated by reference as if fully a Balanced -Scorecard Report w.Eniployment Surrinlary and a Year -to -Date edger. ..._ �.., B must receive the original. invoice package not later thanthe seventh (7th) business day of :he ini nil following the month in which services were' provided. Upon..satisfaCto y submission, review and approval of the complete inveico,"paekagewiththe-required supporting documentation, the SFWIB. shall make payMerit'tti the Contractor'via Electronic Fund Transfer, The Contractor shall complete an Authorization Agreeiment.for payments via Direct Deposits (AO 'Credits). Page 24 of 39 PY'14-IS Contract (Gov't) CareerSoru'ce center Operator (City of Miami) Failure to submit original signed invoices, Balanced Scorecard Report Employment the Year -to -Date General. Seger:; in a manner deemed correct and acceptable by the the. seventh (7'11) business day of each month following the month in which the services •shall be considered a breach :of this Contract,, The .Contractor agrees to maintain originals of cancelled checks or a legal checks; invoices, receipts, payroll registers: and any evidence of indebtedness These :documents shall be maintained .by the 'Contractor in accordance Records Retention and Article IZ;;Section NI, Audit, .Inspection and ,Process rig the Request for Payment. The parties agree that the p Contractor shall be completed within fifteen (15:) business day the SFWIB if the required invoice package and .required satisfactory, and have been approved by the SFWIB. It i maintain sufficient financial resources'to meet the ex provision of services and payment by the SFWIB.. a LATE INVOICING As set forth in the Exhibit D, Paymen business day of the inonth following charged a five percent (5°/a) penalty o" days:: following the due date shall au amount .invoiced. P. TR.A.INING SERVICES EXP N:DITU Under the Workforce Inv expended toward qu include tuition, b the Workfo The Co exp rest EXPEN1 Provisions, invoices °nth in which servic nvoiced. Invoices arged an additio tment Act of 1 vi:dual Trainin ai'ning vend 8 and the agrees •tc expe so that the fifty ligation of c. reimbtir� used to pr "youth p`og state per diem food and beet and service) s EXPEN hundred .pe d0% o) require nsid ummary, and FWIB and by vered, c� � the;:Cancelled expenditures; ection G payment r after receipt of th documentation are esponsibility of the Contrac d during. the period between th ;he the due date (the seversth (7`h). ovided) shall automatically be. d more than five (5) .business. sent (5%) penalty ofthe pelrcent' a +f the funds; awarded shall be A) `costs:. Authorized ITA. expenditures: may only other training services" prescribed and authorized by ) ofthe. WIA funds allocated for authorized i;TA. et. Failure to comply with this requirement may r future funding, °C liirND BEVERAGE ANI) DINING ACTIVITY ply:with section 445.007(10), Florida Statutes, and with'ariy policy promulgated in by Workforce Florida, Inc. and the SFWIB. The Contractor shall not purchase stzy food, beverage or dining activity, This prohibition does not affect or mea i . ent with any SFWIB approvedtravel policy, State and federal funds may be od, bever dining activities for workforce youth prograrris (those programs defined as under sfederal law) provided: that participants are riot reimbursed in excess of the nts for the specific Meal, or if contracted for bythe SFWIB; that such expenditures for all per person per meal (including any associated costs soot: as, but not limited to, sales- tax t exceed those amounts stated in section 114,061 (6)(b), Florida Statutes, FOR TRAVEL EXPENSES .,tor shall comply with section 112.061 of the Florida Statutes, and with any policy promulgated dance with 112.061 by Workforce Florida, Inc. and the SFWIB. The: statute and: related policies s in specific guidelines with respect to authorization to incur travel expenditures, meals while on travel per diem allowanees, allowed transportation expenditures, lodging, expense reimbursementsand 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) web site at;. www.floriciajobs.org. Page 25 of 39 PY'14-15 Contract (Gov't) CareerSource center Operator (City of Miami) the L principl those at.d subject to. th provisions of for grants and learning and. agreements SALARY & BONUS •L.IMITATION In compliance with Public Law 109-234, none of thefunds appropriated in Public Law 109-149 oir Acts under the heading '`Employment and Training" that are available for. expenditures shall be , + .• pay the salary and bonuses of an .individual, either aS> direct costs or indirect costs at a rate in e Executive Level 11, except as provided for under section 101 of Public Law 109-149.Execut The . of Ecut ve receiving reimbursement for thesecosts' under this Contract.certifies that Pe y _ .has read the above special condition and is in compliance. This litiiita.tion shall not any ' . providing goods and services:as deffined.;in`,OMB Circular:A-1.33., Executive Level ..1I salary is .$181,500 effective January 2014, as e Management; as set forth in the Salary Table, Rates of Pay for the Ex a tp r Q !Ipcili data-ov=ersight/pay-leave/salaries lain rates-of;pay.pdf The Contractor shall complete andsubmit on March Certification Form;as set forth in Exhibit E, Repottin! highest paid employees charged to this Contract are within Certification Form can be obtained from the SFWI13's Financ Form, copies of IRS W-2 forms and supporting documentation s it shall be submitted to SFWIB. If : ' .iyee exceeds the ET k must be issued in the name of ° 'da Workforce unallowable salary and bonus in excess . with su ETA funding streams affected. RETURN OF FUNDS The Contractor exceeded actual any interest the Contras repay s first letter the la\ s independe° ayment imme atiy overpaym findings; S intere _s SFWIB nds disal' pursuant ditor discove y without pri enmade, the ed' by the Office o.' chedulei {utive-or>der-21 t 4--adj ust alary Cap Analysis IB certifying that the cap limit. The- lakest Along with the Certification employees are within the cap lacy andbonus rate cap, a are for the amount of ntation indicating the its flue to unearned 'funds, earned funds that e .disbursed to the Contractor by the SFWI.B and and conditions of this Contract. In the event that overpaymenthas been.. made, the Contractor shall tion from the SFWIB. In the event the SFWIB Executive Director will notify the Contractor by. hwith, the Contractor will be charged interest at ;he SFWIB notification or Contractor's discovery. OFFICE O 1 J NT AND BUDGET (OMB) CIRCULARS *th all applicable OMB circulars. State and total governments are subject to ular A-87 (2 CFR part 225); Non-profit sub -recipients are subject to the cost Ciro . 2 (2 .CFR part'230); educational institution sub -recipients are subject to r A-2 . R part 220); and commercial organization vendors or sub -contractors are principles . der 48 CFR Part:31. Sub -recipients and sub -grantees are also subject -to the Circular A 1.33. Stateand local governments are subject to administrative requirements r cooperative agreements at OMB Circular A-102; Non-profit, institutions of higher sub-redipients are subject to administrative requirements for grants and, other eular A -I 10 (codified at'2CFR part 215). AND RENOVATION OF' FACILITIES USING FEDERAL FUNDS actor is:aware that federal funds may not be used for the purchase=.or improvetmient of land, or the pimprovementany g ty.any property pu ase, construction or permanent . of building or facili. , If has been constricted or substantially renovated, through the unlawful use of state or federal ,funds,. the federal government shall be entitled to a lien against said property,. Page26 of3:9 PY' 14-i 5 Contract (Gov't) CareerSource'center Operator (City of lviiami). ADMINISTRATIVE PROVISIONS UNDER 'ITLE I OE THE W ItKFO C1 " NVl NT ACT ADMINISTRATIVE RULES, S, COSTS AND LIMITATIONS The Contractor shall cornply with the requirdmeryts of the Administr tine Provisions a ]e 1 of the Workforce Investment Act; Adminiitrative Rules, Costs and Limitations (20 CPR Part 6 m art .B). X. UNIFORM , ADMINISTRATIVE REQUIREMENTS FOR GRANTS ,AN WITH INSTITUTIONS or HIGHER EDVCATI.ON,, HOSPITALS, AN ER RQ `IT ORGANIZATIONS The Contractor shall comply wit1� the Uniform Administrative .Requzr or Grants and Awe e Institutions of Higher Education, Hospitals, and Other Nowt Profit:# .bons (2 CFR §215.4 , Contracts for construction or facility improvements Must r relating to bidguarantees, performance bonds, and exceeds $ 100,000. Refer to the HI T a rule requirements END 0? ARTICLE IV Page 27 of 39 cipient to fol unless �; as r subco rn requiremen or sub -contract eds $100,000. Pr 14W l 5. Contract (Gov't) CateerSource center Operator (City of Miami) ARTICLE V ASSURANCES AND CERTIFICATIONS A. CONIPLX.A.1`4CE WITH THE,HEALTH INSURANCE PORTABILITY ACT (HIPAA.) The Heaith.:Insuratice :Portability :and Accountability Act Of 1996 requires the apply appropriate:5anctions against members of tlheir sworkfOrca who fail to and;Procednftioftbe entity or the requirearaents of 45 CFR § 1.64 530 (e) (I) of the ,SFWill to seek to ensure the eon:fidentaalzty and integrity of c Information (PHI) as required by law, professional ethics, annd accre Any person or entity that performs or assists the SFWIB disclosure of Individually Identifiable Health Information, shall comply with the Health Insurance Portability and A Dade County Privacy Standards Administrative Order, transfer standards whichinclude aelude but are:..ot limited to: 1, Use of information only for performing services requiredb 2. the of appropriate safeguards to prevent unauthorized dfsclo 3. Reporting to the SPWI8 ofany xz :°dd use or disclosure; 4. Assurances that any agents an of Contractor conditions that apply to the Con > I �� 1 asonablc ass confidential; Making Protected Health Inforrnatir: 6, Making PHI'` available to the custerr requested by the customer; 7. Making PHI to the 'SF I ",� ccouriting ot" disclosure BILITY have and olicies (tingly, it i mployee Preter nsure: requireineni ran or activity involving the use,`F or Protected ealth Information (PEI) ility Act (HIP 1996 and the Miami- ndates p F security and electronic Makin - audi PHI trans written and dis C T TIFIC Funds award BRD A:N ob dis' oteCted and: eor ads with. as required by IaW',. same re frictions and II%IIP14I will be held .axing any arrienclmer is authorized and unauthorized. vailable:to the SFWIB for complian al sfata regardless of the form or rriethed of data) The Contractor shall give its customers: 'hiding, specifically, a description of the types of uses PHI shall be regarded as confidential and may not ba used or disclosed except to orazed,purposes. Access to PHI shall only be permitted for direct customer care, pervisory" functions or With approval of the appropriate Contractor staff Executive Director or Human'Piesource Director of the Contractor. REGAR LNG .LOBBYING the Agreement may not be Used for lobbying purposes pursuant to atate and federal BYI G AMENDMENT T (31 TS,S:C ; I.352) _ apply or bid for an award of$100,000:or rnor�e_shall file the required certification. Each tier` the tier above that it will not and has not used Federal appropriated funds to pay any person or ion for iraf'luenoing or attempting to influence an officer or employee of any agency, a member of. s,, officer or employee of Congress,, or an errlpiay%ee of a member of Congress in eonnectioti with. ning any Federal contract, grant or any other award covered by 31 U.S.C. S..C. §I3 2 Each tier slihii gran ose any lobbying with non -Federal '' funds that takes place in connection with Obtaining any Federal Page 28 of 39 PY i 4 45 Contract CareerSource`:center Operator (City o award, Such disclosures are. forwarded from tier to tier up to. ti?e recipient. See 29 CFR.. part 98 The Contractor shall provide a completed Assurances. and Certifications; Attachment3. DEB-.ARMENT AND SUSPENSION (E.O.'s 12549 and 12689) No contract shall be made to parties listed on the General Services. Administration's List o froth Federal Procurement or Non -procurement Programs in accordance .with E. "Debarment and Suspension This list contains the names of parties debarred, excluded by agencies, and contractors declared ineligible tinder statutory or reg, E.O. 1249. Contractors with awards that exceed the simplified acquisltio. required certification regarding its exclusion status and that of its principal t " provide a completed Assurances, and Certifications, Attachment.3. CLEAN AIR ACT (42 U.S.C. §7441 et. eq.) AND T CONTROL ACT, AS AMENDED (33 U.S.C: g1231 etse:.q The Contractor agrees thatif this is a Contract for triore th applicable standards, orders or regulations issuedpursu and the Federal. Water Pollution Control Act, as amend reported to the. Federal awarding agency and the Regional 0 (EPA). ,000, then. Co Clean Air C. CERTIFICATION REGARDING FL t :> .CLEAN 1NDOQ The purpose of the Florida Clean lndoo. tobacco smoke and to implement the Constitution. However, the intent of thi scientific 'research or smoking -cessation shall provide a completed>Certiificatien 'Reg ENVIRONl Elo1 In accorda portion. of h Fed coopera services p f faclitie at The Cont terms and :c Part,.`• ndoor facility care, educatio:,F as whether,,,; pegple'fro ; ion- i5 appro es. The C ATER PO Excluded nd 12689, otherwise ther than vide the shall shall comply with all §7401 et seq..), Violations shall be Protection Agency ds of" second hand of the State e obstruct; medical or of,Health. The Contractor Air Act. hilddren Act of 1994",.:smoking • is prohibited, in any Ed by alit tartyandused regularly for the. provision -under the .age of':18, if the .services.are funded by goverrirnents. Federal Programs .include, grants, nd contracts.: The law does net. apply to children's' sidences, ac ' ded solely by Medicare :OrMedicaid hinds, and portions patient drug and alotiiiol treatment:: The Contractor shall provide a competed: Environmental -Tobacco Smoke: all :comp MOKE, 03 -227, the or leased or ary servie all applicable federal, state and local child labor..laws rn carrying out the of this Ciract or modifications hereto. CRIMES (287.t33', F.S.) comply with the Public Entity- Crimes:Act.(§ 2g7.133, P.S.) and the Contractor certifies any person .01-1 affiliate of Contractor,. has been aonvicted.of a Public E.znitity Crime as �tian 28 7.133, `Florida Statutes-, rtor ,placed on the convicted vendor The..:Contractor and' agrees .that the Contractor is required to'inform the SP WIB iininediately upon any `change of es `regardinig this status. The :Contractor shall provide a completed Assuances and. e whorls, Attachetent 3. Page 29 of.39- PY' 14-15 Contract (Gov't) CareerSource.celtiter Operator (City of Miami) GOVERNMENT -WIDE E UI MENTS FOR DRUG-FREE"4'1rORICPLACE The Contractor shall comply with drug" -free Workplace requirements in Subpart E3 (or Subpa recipient is; an individual) of 29 CFR part94. The Contractor shall provide a completed A Certifications, Attachment 3, NON-DISCRIMINATION AND EQUAL OPPORTU !T Asa condition of the award of financial assistatace from the Depattment .o Workforce Investment Act of 1998, and the Personal Responsibility and Act of 1996, the Contractor assures that it will comply fully with-:ti opportunity provisions of the following laws: 1. Section 188 ..of the'Workforce Investritent Act of 1998 all individuals in the United States on the basis of disability, political affiliation or belief, and a citizenship/status as a. lawfully admitted 1nupig�` participation in any WIA Title 1- financially assiste Title. VI of the Civil Rights Act of 1964, as amendi discrimination against qualified individuals on the basis Section 504 of the Rehabilit, discrimination against qualified Title Iaf'the Education Amends discrimination on the basis of sex l The Age Discrimination Act of'1975. the basis of Section proh"' CFR P 9. Equal E 10 Chaps bay rip -m. TANF — WIA `itle I the Ch1? criniination beliefs; e A otixnercial feat ndards,establisbed by till; 1913, " as amend �• isabilitles ids Act of 1{ ed, color, cr minatio C, if the I of the illation qual rohibits discrimination ag igion, sex, national origin, iaries o the basis of either. to wor e United States or activi seq., which prohibits nal origin; 794, which prohibits prohi ohibits discrimi n nded, 42 U.S.0 9849, whin i. rigin, sex, handicap, political 1.990, 42 i,1.:.C. 12181 et seq., which prohibits blic accommodations and requires places of public, designed;; constructed, and altered in compliance with No, 11246, "Equal Employment Opportunity" as amended by EO No. 11375, Ex Order" 11246 Relating to Equal Employment Opportunity„" and as d by red �. s at 41CFR Fart 60, "Office. of Federal Contract Compliance Programs, oyment 0 ty, Department of Labor"; and in Department of Labor regulation 29 and 37 as well as 4$ CFR Fart 80; and Part .92, if applicable; ent Opportunity in Apprent oeship and Training (29 CFR Part 30); and. the Code of Miami -Lade County which prohibits discrimination in brnployrnent an the t lor, religion, ancestry, national origin, sex, pregnancy, age, disability, marital status, exual orientation, assures that, Contractor will ctrnply with 29 CPR Part 337 and .all other regulations to laws listed above. This assurance applies to Contractor's operation of the WIA Title I and. tally assisted program or activity and to all agreements the Contractor makes to carry out the and TANF — financially assisted .program or activity. The Contractor understands the United Page'30 cif 39 PY' 14-1.5 Contract (Goy' Careerource center Operator (City of Miam P.. States ha he right to seem judicial enforcement a Assurances and Certifications,.Atta.thn ent 3. xis°asst The Ci tttraetor shall provide a competed EQUAL TREATMENT FOR FAITH -BASED ORGANIZATIONS Equal Treatment for Faith -Based Organizations, Prohibits any State or local gover under any Depart'ment.progratrn, or any intettnediate organization with the same dut erntity, from discriminating for or against an organization on the basis ofthe or',ani: or affiliation, Prohibits religious organizations .from engaging in inherently r worship, religious instruction, or prbselytization,as part of the prograr� financial assistance. Prohibits an organization that participates in pro assistance from the :T epartxnent, in providing services, from disorinxinati prospective program beneficiary on the basis of' religion or religiou grant funds: shall apply equally to religious and non -religious org CHARITABLE CHOICE, (45. C R 260,34) A State or, local government in its use of Federal TANF not, in the selection of service providers, discriminate for or provides TANF services or benefits on the basis of the orgal Federal TANF or State MOB fiends provided directly to part inherently religious activities, such as `'wvorship, religious organization that receives; Federal: iAl t lvitiB fund benefits, diserirninate against a TANF _ cr.ient refusal to hold a religious belief, or a re ' a to : e x eligible TANF applicant or recipient oli to the recipient is entitled to receive services fro. objection.' If a nongovernmental: interntedi. a State or local government, is given the governmental organs ovide Federal must ensure that VETEJF Fedei Labor priority d placement CFR Part ;1 Con The Co (SOX) that follows: CO e with the Ch r qualified ;":fining pxogr` to the p' n priori neral guidan OF 2002 ntractor will._complywith the two provisions of the Sarbaies-Oxley Act; .ies, including non-profit organizations. These two provisions are as nded by di ainst a prdgrarrt ben Any restrictions on th ving funds. overnmental xus character such as direct ia1 (MOE) funds shall n that applies to provide, character or affiliation. No ic• a izations may be expended for ins �r proselytizatiorl. A religious s shall rk, guiding program services or on the bast ron, a religious belief, a create in ,a rel active. if an otherwise w ..veer of a service provider, the. ch the i " lividual has no religious tract or other agreement: with the ecixs: or agreement to select non - funded services, the intermediate organization statutory provisions and these regulations, in whole err in part, by the U.S. Department of. ns Act" (.1VA), PL. 107-288, The IVA provides Veterans-. for the receipt t:f employment; training, and on must meet the prrograres eligibility requirements, 20 scope of the veteran's priority statrte.. to .alter, over up, faisi r,.c r destroy any document that may be relevant t (SOX, section 1.14' Section 1512 of Title 18, USC). an official gal for any corporate entity to punish whlstleblowers or retaliate against any einployee who uspected cases of"fraud or abuse (SOX, Section 1107, Section 1513 of Title 18, USC). hall provide a completed : ssur iices and Certifications, Attachsnent3. ANCE'WITH ENERGY EFFICIENCY PROVISION The Contractor shall comply with the mandatory standards and policies relating trr energy efficiency; which Page 31 of 39 Pr 14-15 Contract (Gov't) CareerSource center Operator (City of Miami) are contained in the State of .Florida's Energy Conservation Policy and Conservation Act (Public Law 94 18). COMPLIANCE WITH RESOURCE CONSERVATION Al` RECOVERY ACT (RC Under RCRA (P. L. 94-580 codified at.42 U.S.C. 6962), any State agency or ag. subdivision of a State which is using appropriated. Federal funds- must comply with S; 6002 requires that preference be given in prbpurernent programs to the purcha containing reeycled materials identified in guidelines developed by the Emir° (EPA) (40 CFR parts . 47-254). AA:cear'dirigly, State and.. local institutions of hi non-profit organizations that receive direct Federal awards or other'Federa! their procurement programs funded with Federal funds to the purchase EPA guidelines. R. COI'MIPLIANCE WITH TJJE HATCH ACT The Contractor shall comply with the provisions of the limit the political activities of employees whose,_princip part with Federal funds, if applicable INCORPORATION OF COMPLIANCE WITH SP C1FI GENERAL APPROPRIATIONS ACT PROVISO AND 2011 BILL REQUIREMENTS BY REFER The requirements of "the Specific A: Appropriation Act, section 445.007, F1s incorporated herein by this reference and; provide a: completed Contractor Disclosure f j , ASSOCIATION CR TY ORCAPOR R RESTRICTIO As a cored. icti (Pub. condition the Contra: ontractor ass wining to ACC d its subsidi tion 5t1 (I'`its _ 11 1.17). The Co 42), prov`d by ., tied in c: hall give yc ed products purl srnpliance with the Energy i political 2. Section products n Agency als and in and 7328) which ded in whole or in ATION 2006 OF THE 2011 ATIONS tMPLEMENT1 G ra d `associated Attach a; for agree ; x; 'tb the 2f111 General. Cached hereto are The Contractor shall NOW (ACORN) .FUND Nip it will comply fully with the federal fu riling the Consolidated Appropriations Act of 2010, Appropriation Act, 2011, Section 101 and 103 ides Pub. L. 111.-117 are available under the he Contract ite that language of this assurance be included in the, documents for all, subcontracts ontracts, sub-grantsand contracts under. rants, leans; and cooperative agreements). Viand contractors shall provide this assurance accordingly, The Contractor. shall d Certi eations,.Attaehment 3, SCRUTI COMPANI The Contracto, Sudan and lr itnmediatel certificaa COMP:A °. "Vi'IT.I ACTIVITIES IN SUDAN LIST OR THE. SCRUTINIZED > H ACTT. ITIES IN IRAN PETROLEUM E ERGY:SECTOR LIST to refrain from any of Cite prohibited business activities with the Oovemrnents of cribect in s,219.473, F.S. Pursuant to seetion s.257.135(5), F,S, the SFWIE may sate this Contract for cause if the Contractor is found to have submitted a false e Contractor is placed on the: Scrutinized Companies: With Activities in Sudan- List or the ompanies with Activities in the Iran Petroleum Energy Sector List during the term of the e Contractor shall provide a completed Assurances and Certifications,: Attachment 3. RIMINATORY VENDORS The Contractor shall disclose to the SFWIE if` Contractor appears bn the discriminatory vendor list. An entity or affiliate placed; on the discriminatory vendor list pursuant to section 2 7.134,F.S. may not: Page 32 of 39 Car PY 14-1 S; ontraot (Ccv't) center Operator (City of ianai). I, Submit a bid On a.contractto provide any, goads or services t 2. Submit a bid on a' contract with a:.public entity for the cons or public work;' 3, Sub.mit bids on leases of real property to a public entity; Or 4. k3e awarded or perform as a contractor, supplier, subcontractor;: or consultant with any public entity; or transact business with any public entity. The Contractor shall provide a,completed Assurances and Certifications, Attaa W. DAVIS-"BACON ACT Davis -Bacon Act, as amended (40 U.S.C. 276a to a=7) - When requir construction contracts a -warded :by the recipients and subreeipien provision for cotnpliance with the Davis -Bacon Act (40 U.S` Department of Labor regulations (29 CFR part 5, "Labor Governing Federally Financed and Assisted Connstruction" pay wages to laborers and :mechanics at a rate not le determination made. by the Secretary of Labor. In additi less .thari once a week. The recipient shall place a copy o: by the Departnient:of tabor in each solicitation and the award acceptance::of the wage determir ati.en. The recipient shall report .Federal awarding agency. COPELAND ,ANTJ,KICEBAC14 AC Copeland "Anti -Kickback" Act (13 USX; if $2,000'for constrtietinn :or repair award compliance with the Copeland "Anti Kickb: art: 3, "Contra Labor ,regtlatiions, (29 Financed in Who1 contractor or constructio: otherwise agenc CONT. (4� 102. basis of`.a provided tha worked in exo provides that n which are:.uns•, or materials of intell:ri,';:,W col° 7- ach e rd Work orker is co oans or Cr prohibited, f public wor allreport all. public entity; tian or repair of a pu lic building al pro-ratn 1`egis are than $2,000 shall it to a-7) and as supplemented` es )<rovisions Applicable to Contra this Act,- co shall be required to he iniiiimuri " specified in a wage ctors .sliti " a uired to pay wages not pr 6 g _wage determination issued. hall be conditioned upon the eported violations to the ontract. ntra •nd sub -grants in exoe shall include a provision for Elemented by Department of actors on 'ubiic Building or Public Work United States"). The Act provides that each tieing, by any means, any person employed in the e up any part of the compensation to which he is ed or reported violations to the Federal awarding ARDS ACT (40 U.S.C. §327-333) awarded by recipients: in excess of $2,000 Tor-c©nstruction, oontraets.and in intracts that "involve the employment of iechanics or :laborers shall include a eetrons. 102 and, 107 of the Contract Work `Hours and Safety Standards Aet 3 .terrrented by Department of Labor regulations (29 CFR part 5.). Under Section all be required to Campine. the of every mechanic and laborer on: the 40 hours, Work in excess: of the stairdiird work week is permissible ated. at a rate of not less than 1147`tlrries.Te>basic rate of pay for all hours 40 hours in. the workweek, Section 197 of the Act is applicable to construction work and mechanic .shall be required to work in surroundings, or under working conditions hazardous or dangerous. These requirements do not apply to the. purchases of supplies rdinarily available on the open market; or contracts for transportation er transmission NG VICTIMS PROTECTIO ACT .OF :2000 o tractor .shall comply with the Trafficking Victims Protection Act of 2000, as amended (22 7:1.(i4(g). The frill text of 2 CFR 175.15xAward Term, is provided: as Attachment 2, Pae 3'3 of,39 .S:C. PY':14-15 Contract (Gov't). CareerSource center Operator (City of:Miarni) AA. ASSURANCES —.NON-CONSTRUCT ON ROGRAMS The Contractor shall provide a completed Ass rar ces m Nan -Co ist u a programs, Attaekt emt 4. Bev SEVERABILITY In the event any portion Of this Contract is determined by a Burt of corripetent remaining provisions shall continue to be effective unless the`SFWIB elect to tfi cause: CC. PR1O11AGREEME1't't This deeumei t and. its- attachments ineerperates all prior agreements and understa.pdings applicable to the matters conta no commitments, agreements or understandings concer'nin not contained :this document. Accordinly, the parties be pred c ted.iapoti ari ' prier representations or agree. •END C)' ARTIC to be invalid, the ontraet without correspondence, con n and the parties.agree that eot matter of this. Agreement whit o deviation ram the terms hereof sha her oral or w P ge;34 of 39 P\" 14-15 -Contract .enter. 3perator (City of lviia.m ) SIGNATORY FORM MN WITNESS HEREOF THE PARTIES HERETO HAVE CAUSED TO ,BE ;EXECUT1 r OW THE SIGNATURES OF THE AUTHORIZED REPRESENTATIVES NTATIVES OF THE -PATTIES TT ° WRO ARE FULLY ,AND DULY AUTHORIZED TO EXECUTE THIS CONTRACT tN ALF }F THE RESPECTIVE PARTIES HERETO: AUTHORIZED SIGNATURES FOR: PROGRAM ENTITLED CONTRACT NUMBER, FDA NUMBERS: City of to t "CCteerSource center. City of W'S-CO,P C`'1.4-13-O 1 WIA AD: 17.258;''4' IA DWc 1. FS T:1f1.5 1; UCtREA ; /7 (These Signatures shall be the same is those.names. that appe the Operational Documents on file with the South Florida We (For i,1se,Only When Contractor IS a Governinental Entity) 1. .ed Qeal 2a. I)anie1, 4a, FOR ey e Director, SFWIB a fist of Author nvestrnent B, 7.2 TAN gnatures Provided i natte of Person Attesting i nature that Appears on LAne lb INVTIMNT.-4ARu- Page: 9 Date 1 f'.r' 14-15 Contract (Gov't) Sourcecenter Operator (City of Miami) ARTICLE 1- INTROtJUCTION AND CONDITION PRECEDENT Parties to Contract----- _ . -w - - - ��.. w P Effective Total Payment--- ..---------- Statement of Work -=-- ---- =_ _ ._ _ -- ---._......_----------- Conditions Precedent------ .. Insurance Page 3 Certl fication. of Condt,ct-�.--_,-._.. - - -- �- - - Page 3 Codes of Conduct-- --- Page, 3. Gratuities - -- - - � » Page.3 1, Anti -Nepotism ------- -_. - -- . Page 3 K. Code of l3usiness Ethics---- --- .. --- M - Page 4. L. Self -Assessment- ..._ ... - _-____ - _ _ Page 4 Page 4 ApplicablePage 4 O. Level 2 Background Screening_ .K grit aw���w. � - Page4 eF TABLE t P CONTENTS A. C. D. E. H. IEfI, NNo. A.ssignrnent: -_ 4-w-"-_ - "*" . RTJCLE 11-.GENERAL,C A. Adherence to Terms and Conditio B. Palle Announcements and Advert C: Orievarioe Procedures ------------- a Termination E. Breach a F. Breac , 1. J. Sustained --- Other Inspect ions- 0, Autm P. Indem Q. Subcat R. Person S: Cop • arise Page 7 Page 7 Page 7 Page 7 Page 8 Page 8 -- Page 9 Page 9. Page 10 — Page 10 - --- - - --------- ------ -- -- -- - - ----- _ __- , Page. I O ess tt Rce rtls ------- Page 11 Page 11 __- ----w. Page.11 _-.--- _-----.__� .____�_-r. -A�-- Page 'l 1 Page 12 Disabilities and Accessibility of Facilites --=- - ---- - =-- --=-- Page 12 Patents, Right to Data------------ Page 12 nventic ns Made Under a Contractor Agr emexit - - -- ----- -- Page 13 ettual Property Rights------------------- - - ----- --- ...-_-.._..---,. Page 13 ploymientEligibility: Verification -- ---- - ---=- --.----,.A—_ . _ -----_ Page 13 Migration Refriin and Control Act .-------- . w „._„,„. Page 14 X. Intergovernmental Personnel Act-- — Page 14 Page PY'. I4-15 Contract (Gov't) CareerSource center Operator. (City of 'Viand) N. ARTICLE III - PROGR:AIV "MANAGEMENT A. Performance - -• B. Supervisory Case Rev iev;�--«--- C. Program. Reports.._ O. Monitoring----------------- ... -... --------... --.»_w..-._..._...»__ E. File Maintenance--------,- -_--------------.... F. Filo ()vn;rship»-»----._...»-- .. G. Records H. Confidentiality of. I. Information Security Obligations----------- J. Pell Grant and Other: Financial Aid----•----- K. Staffing. Requirements---------------- Limited English Proficiency (LEP) --- Training .of Abuse, Neglect, and 1 xp1oitation Incident Reporting ARTICLE FISCAL MANA E1V1 11T A; Program Incoixae-•-----,--,,,-. B. Internal Controls----- C. Accounting Records---------- D. Procurement Requirements w=Y E. Purchase of American. Made Prod F. Inventory-- Cx.. Financ H. Bud I.. J. K. L. P. 7' Q, Expe R. Expert S. Salary. T. Retu U. Off; maryw- ., or's Cost A1loc->3\ Pia. B'§•Cost Ake nt Costs. Public or Travel Expert us Limitation- _._._ Pa. a Page 1 Page 17 Page 17 Page 18 Page 18 Page. 18 Page:1;9 Page:19 Page 20 Page 20 _ Page 20 Page 20 Page 22 Page22 -----=----------------=---= Page 22 Page 22 Page 23 Page: 23 Page 23 Page :25. -- ---- ---- --- __ ». ... _ _ _ --_- Page 24 Page 24 Page 25 Page 25 Food, Beverage and Dining Activity Page. 2 5 _-- ---- Page 25: - - -- --------------------- Page:76 nagement And Budget (OMB) Circulars on and Renovation of Facilities Using Federal Fun.ds--------------------- tive Provisions Under Title 1 of the Workforce Investment Act istrative Rules, Costs And Limitations----_- Page 27 Page 26 Page-26 Page 26 X. Uniform Administrative Requirements for Grants and Agreements. with Institutions of Higher Education, Hospitals, and Other Non -Profit Organtaattons---_------_-------------- ------------------- ---,-------,------------------ Page 27 Page37Of39 PrI4-15;Gorltract (Gov't) CareerSource center Operator. (City ofMiarn1) ARTICLE V - AS UI2Al PCES AND CERTIFICATIONS A. Compliance with the Health Insurance Portability and. Accountability Act E, Certification. Regarding Lobbying - __ _ --- =----- _-_____--...w C. Byrd Anti —Lobbying Amendment (31 U.S C. § 1352)----------_:.------..—. D. Debarment And Suspension (E.CD<' 12549'arrd E. Clean Air Act (42U.S.C. §7401 et seq.)-and the Federal Water Ptllutid Control Act; as Arrierided (33 U.S.C. §1251 et se' . Certification.Regardirng Florida Clean Indoor Air Act Environmental Tobacco,Si fake -- ---- H. Child Labor Laws M-_- Public Entity Crimes (§287.133, FS.):;. Governnrient-WideRequirements for Drug: Free Non -Discrimination and. Equal Qpportun ty --- -- qual Treatment For Faith -Based Organizations- ----- Charitable Choice (45 CFI § 260.34)---- -------------- Veterans.' Priority Provisions - - -- ------------------- - - Sarhanes-Oxley Act of 2002-W: Compliance'with Energy Effice Compliance.,with Resource Cons' Complianee;.With The Hatch Act--- Compliance with"Spa .�s Act Proviso an renoe�._- -- orpci` eaerai Appro Hill Requi:r T. Assooia Fun: VV, W. Y,. tr°ictlons A ed Companies minatory Ven con Act Cop Contr B13. Sep CC. Prior SIGNA TART Attachment 2 Attachment 3 Attachment 4 Attachment 5 ack Act ----- and :Safety Standards Act (40 U.S.C. §327=333)--..,.. ---_,. Protection Act of 2000 uetion Programs to Work orc lurid pleruent2l?11 Approprlations Proviso) -2 115.15, Award Tenn - Assurances and Certifications _ Assnranees -Non—Construction Programs - Confidentiality.Agreement Career Page.2 Page29 -----. Page 29- Page 29 Page 30 Page 30. Page 31 - Page $ 1 • Page.31 • Pag:31. Page:31. Page:32- Page- 32 mple nemtfng Page 32 ;ACORN) Page 32 --- - Page 32 - ---- --- Page 32 Page 33. Page 33 Page 33 --------- Pag Page.34 Page 34 Page 34 Rage 35 ------ Pages 36-39 ng Policy P" 14-15 Contract (Giov't). )urb6 center Operator (City of.ia.rmii), Attachment 6:- Individual ikon -Disclosure and C"o adertti llty C tificatlhn Form. Attachment 7 - Contidontiali4y Ackndwled em Exhibit.A - Statement' -cif Exhibit - Code ofB sines Ethics Affidavit Exhibit :C - Self -Assessment Tool Exhibit E - Payment Provision xliibitE - Reporting Requirements Exhibit F - Definitions exhibit.%- Financial Closeout Procedure Exhibit H - Budget for Administrative Costs' and Progra ExhibitI - Contract Invoice Exhibit. -Performance PaymentInvoice ov Career ounce enter Operator (City ofMiami) Pr 14-i5 Con