HomeMy WebLinkAboutExhibitWORKFORCE SERVICES
CONTRACT BETWEEN Tlil
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD..
AND j.
CITY OF MIAMI
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
7300 Corporate Center Drive, Suite 500
Miami, Florida 33126-1234
CONTRACTOR
City of Miami
3500 Pan American Drive
Miami, FL 33133-5595
TITLE OF CONTRACTOR'S PROGRAM
"Special Project: Employ Miami -Dade Program"
WIOA AD: 17.258; WIOA DW: 17.278; WIOA RR: 17.278; TANF: 93.558; FSET 10.551/10.561; UC/REA 17.225
CONTRACT AMOUNT:
$150,000.00
CONTRACT NUMBER:
WS-SP-PY' 15-14-00
A.
INDEX CODE NUMBER:
51514
CONTRACT PERIOD:
August 20, 2015 — June 30, 2016
ARTICLE I
INTRODUCTION AND CONDITIONS PRECEDENT
PARTIES TO CONTRACT
This Contract is made and entered into by and between the South Florida Workforce Investment Board,
hereinafter referred to as the "SFWIB" and City of Miami, hereinafter referred to as the "Contractor". This
Contract establishes a sub -recipient, contractual, independent contractor relationship between the SFWIB and
the Contractor in which the Contractor accepts substantial financial and programmatic responsibilities for the
use of federal, state, and, if applicable, local funds. In consideration of the mutual obligations and covenants and
other good and valuable consideration, the parties to this Contract agree as follows below:
B. Efek'ECTIVE TERM
The term of this Contract shall commence upon August 20, 2015 and terminate at the close of business on June
30, 2016.
Page 1 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
C. TOTAL PAYMENT
Subject to the availability of funds to the SFWIB, the maximum amount payable for services rendered under this
cost reimbursement Contract shall not exceed $150,000.00 as distributed among the programs set forth in the
table below. Both parties agree that if funding available to the SFWIB is reduced, for any reason, the amount
payable under this Contract may be reduced at the option and sole discretion of the SFWIB.
Employ Miami-
Dade Initiative
WIOA
Adult
WIOA
Dislocated
Worker
WIOA
Rapid
Response
. `TANF
FSET.:
(July to :
Sept) .
FSET.
(Oct to
June)
UC
REA
Total
Program Costs
$ 35,897
$ 34,712
$ 4,558
$ 39,348
$ 2,835
$ 8,239
$ 2,292
$ 7,119
$ 135,000
Administrative Costs
$ 3,988
$ 3,857
$ 506
$ 4,372
$ 315
$ 916
$ 255
$ 791
$ 15,000
Total Allocation
$ 39,885
$ 38,569
$ 5,064
$ 43,720
$ 3,150
$ 9,155
$ 2,547
$ 7,910
$ 150,000
D. STATEMENT OF WORK
The Contractor agrees to render services in accordance with Exhibit A, Statement of Work, attached hereto
and incorporated by reference as if fully set forth herein.
The Contractor shall implement the Statement of Work set forth in Exhibit A in a manner deemed satisfactory
to the SFWIB, at the sole discretion of the SFWIB. Any modification to the Statement of Work shall not be
effective until approved, in writing, by the SFWIB.
E. CONDITIONS PRECEDENT
The Contractor shall provide to the SFWIB, prior to commencement of performance under this Contract, the
following documentation:
1. Board of Directors Requirements. The Contractor shall ensure that the Contractor's Board of Directors or
governing body is apprised of the fiscal, administrative and contractual obligations of the services funded
through the SFWIB by passage of a formal resolution authorizing execution of the Contract with the
SFWIB.
2. Certificate of Corporate Status, if a Corporation. The Contractor shall submit to the SFWIB a certificate
of status in the name of the Contractor, which certifies the following: that the Contractor is organized
under the laws of the State of Florida or another state; that all fees and all penalties fees, related to filing
of registration, re -instatement, renewal, etc., have been paid; that the Contractor's most recent annual
report has been filed; that Contractor's status is active; and that the Contractor has not filed Articles of
Dissolution with the State of Florida or another state.
3. Articles of Incorporation and Corporate By -Laws (If Applicable).
4. Limited Liability Company (LLC) Affidavit (If Applicable).
5. Financial and Compliance Audit. The Contractor is required to have performed an annual certified public
accountant's opinion and related financial statements in accordance with the single Audit Act
Amendments of 1996 and compliance with the State of Florida requirements and 2 CFR Chapter II, Part
200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
(superseded OMB Circulars A-21, A-87, A-89, A-102, A-110, A-122, A-133 — see, 78 FR 78590-01
(Dec. 26, 2013 The Contractor is required to submit an original copy of the Audit Report within the time
line specified in 2 CFR Chapter II, Subpart F, § 200.512 (a).
F. INSURANCE
The Contractor, as a self -insured governmental entity, shall provide to the SFWIB, prior to the execution of this
Agreement, a letter from the Contractor stating that the Contractor is self -insured and maintains an ongoing Self -
Page 2 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
Insurance Program as allowed under the Florida Statutes and that such self-insurance offers protection
applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their
employment with the Contractor. The SFWIB shall not disburse any funds until the SFWIB is provided with the
letter of self-insurance and the SFWIB has approved such document.
G. CERTIFICATION OF CONDUCT
The Contractor shall comply with all federal, state and local laws related to conflict of interest, nepotism and
criminal and fraudulent activities.
H. CODES OF CONDUCT
The Contractor shall maintain written standards of conduct governing the perfoinuance of its employees engaged
in the award and administration of contracts. No employee, officer, or agent shall participate in the selection,
award, or administration of a contract supported by federal funds if a real or apparent conflict of interest would
be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her
immediate family, his or her domestic partner, or an organization which employs or is about to employ any of
the parties indicated herein, has a financial or other interest in the firm selected for an award. The officers,
employees, and agents of the recipient shall neither solicit nor accept gratuities, favors, or anything of monetary
value from contractors, or parties to sub -agreements. The Contractor agrees to comply with the Miami -Dade
County, Conflict of Interest and Code of Ethics Ordinance codified at Section 2-11.1 et al. The Contractor shall
set and/or adopt standards of conduct which describe obligations under Section 2-1 1.1 et al. and provide for
disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the
Contractor.
I. GRATUITIES
The Contractor agrees that the Contractor shall not accept a gift from, offer to give, or give any gift to any
SFWIB member, SFWIB employee, SFWIB approved Training Vendor, or to any family member of an
SFWIB member, SFWIB employee, or SFWIB approved Training Vendor.
The term "family member" includes, but is not limited to father, mother, son, daughter, brother, sister, uncle,
aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother,
half-sister, grandfather, grandmother, grandson, or granddaughter.
The term "gift" shall refer to the transfer of anything of economic value, whether in the form of money, service,
loan, travel, food, beverage, entertainment, hospitality, item or promise, or in any other form, without adequate
and lawful consideration.
Violation of this provision will constitute a breach of this Contract, In addition to any other remedies available to
the SFWIB, any violation of this provision will result in referral of the Contractor's name and description of the
violation of this teuu to the State of Florida, Department of Management Services for the potential inclusion of
the Contractor's name on the suspended vendors list for an appropriate period. This provision will survive the
Contract for a period of two (2) years.
J. ANTI -NEPOTISM
Section 112.3135, Florida Statutes, shall apply to the Contractor and its employees as this statute applies to a
public official or agency.
The Contractor shall follow the provisions of section 112.3135, F.S. with respect to individuals employed
through the contracted program. This means the Contractor shall not appoint, employ, promote, or advance or
advocate for appointment, employment, promotion, or advancement, in or to a subsidized position in the
Contractor's business entity any person who is a relative of the Contractor. The definitions below are
incorporated and made a part of this policy.
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Special Project (City of Miami)
"Contractor" means the Contractor or employee of the Contractor in whom is invested the authority to appoint,
employ, promote or advance individuals or to recommend individuals for appointment, employment, promotion,
or advancement in the Contractor's business entity.
"Relative" means an individual who is related to the Contractor as father, mother, son, daughter, brother, sister,
uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son- in-law, daughter-in-
law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-
brother, or half-sister.
K. CODE OF BUSINESS ETHICS
The Contractor shall comply with Sec, 2-8.1 of the Code of Miami -Dade County requiring contractors to adopt a
Code of Business Ethics. The Contractor shall adopt the Greater Miami Chamber of Commerce Model Code of
Business Ethics or a similar code and shall submit a Code of Business Ethics Affidavit, Exhibit B, attached
hereto and incorporated by reference as if fully set forth herein stating the Contractor has adopted a Code that
complies with the requirements of Sec. 2-8.1 of the Code of Miami -Dade County.
L. SELF -ASSESSMENT (NOT APPLICABLE)
The Contractor agrees to complete an annual Self -Assessment Tool, Exhibit C, attached hereto and
incorporated by reference as if fully set forth herein, and shall provide the documents set forth as Attachment A
of the Self -Assessment Tool to the SFWIB 's Office of Continuous Improvement (OCI) not later than thirty (30)
calendar days after the execution of this Contract as set forth in Exhibit E, Reporting Requirements, attached
hereto and incorporated by reference as if fully set forth herein. Failure to submit the Self -Assessment Tool
within the required time frame shall result in withholding of payment by the SFWIB.
M. NO ASSIGNMENT
The Contractor shall not assign this Contract or any rights accruing hereunder in whole or in part.
N. APPLICABLE LAWS
The Contractor shall comply with all applicable federal, state and local laws and regulations, including those of
the Workforce Innovation and Opportunity Act (Pub. L. 113-128) and Temporary Assistance to Needy Families
(TANF) (as presently in effect and as same may be amended from time to time during the term of this Contract)
as well as all applicable SFWIB directives, policies and procedures, in the implementation of the terms and
conditions of this Contract or modifications thereto.
The Contractor shall ensure that all its activities under this Contract shall be conducted in conformance with
these provisions, as applicable: 45 CFR Part 74 and/or 45 CFR Part 92 and/or 29 CFR Part 97 and/or 20 CFR
Part 600 et seq., and/or 20 CFR Part 667, Subpart B, 45 CFR 98, the Temporary Assistance for Needy Families
Program (TANF), 45 CFR Parts 260-265, and all other applicable federal regulations.
0. LEVEL 2 BACKGROUND SCREENING REQUIREMENT
The SFWIB requires and Contractor agrees to comply with all applicable federal, state and/or local laws,
regulations and ordinances regarding background screening of employees, volunteers and subcontracted
personnel. The Contractor's failure to comply with any applicable federal, state and/or local laws, regulations,
ordinances or Miami -Dade County resolutions (collectively referred to as "Laws" for purposes of this section)
regarding background screening of employees, volunteers and subcontracted personnel is grounds for a material
breach and termination of the Contract at the sole discretion of the SFWIB.
Laws include, but are not limited to the 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 background screening
through the Florida Department of Law Enforcement (FDLE), Volunteer & Employee Criminal History System
(VECHS) program.
Page 4 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
The SFWIB requires and Contractor agrees that the Contractor's current and prospective employees, volunteers
and subcontracted personnel must satisfactorily complete and pass a Level 2 background screening before
working, volunteering or doing any work for Contractor related to this Contract and the work set forth in the
Statement of Work, Exhibit A. Contractor shall furnish the SFWIB with proof that the employees, volunteers
and subcontracted personnel who will be working for Contractor on this Contract satisfactorily passed Level 2
background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time.
The Level 2 background screening shall include, but is not limited to, fmgerprinting for statewide criminal
history records checks through the Florida Depai tinent of Law Enforcement (FDLE) and nationwide criminal
history records checks through the Federal Bureau of Investigation (FBI), and may include local criminal
records checks through local law enforcement agencies.
The Contractor shall not hire persons that have been arrested for and are awaiting final disposition of,
have been found guilty of, regardless of adjudication, or entered a plea of nolo contendere or guilty to, or
have been adjudicated delinquent and the record has not been sealed or expunged for, any offense
prohibited under any of the following provisions of state law or similar law of another jurisdiction for any
offense prohibited under any of the provisions of section 435.04, Florida Statutes.
• The Contractor shall not hire persons that may have been found guilty of, regardless of adjudication, or
entered a plea of nolo contendere or guilty to any offense in Chapter 414, Florida Statute, relating to
public assistance fraud or Chapter 443, Florida Statutes, relating to unemployment compensation fraud, or
any offense that constitutes domestic violence as defined in section 741.28 Florida Statute, whether such
act was committed in this state or in another jurisdiction.
The Contractor shall make the decision to hire or retain persons with criminal history information unrelated to
theft, fraud, or financial crime, on a case -by -case basis, where the background screening for the current and
prospective employee, volunteer, and subcontracted personnel, is not expressly prohibited by section 435.04,
Florida Statutes or other applicable law.
Any current employee, volunteer, or subcontracted personnel with criminal history information described above
and as outlined in section 435.04, Florida Statutes shall immediately cease working in any SFWIB- funded
program. The Contractor, employees, volunteers and subcontracted personnel must comply with sections
943.0585(4) and 943.059(4), Florida Statutes or other applicable law. Contractor's failure to immediately
teiuiinate an employee, volunteer or subcontracted personnel for failure to comply with sections 943.0585(4)
and 943.059(4), Florida Statutes or other applicable law and report said termination to the SFWIB is grounds for
a material breach and termination of the Contract at the sole discretion of the SFWIB.
It is the responsibility of the Contractor to provide the SFWIB an Affirmation/Acknowledgement Form not
later than ninety (90) days of contract execution, as set forth in Exhibit E, Reporting Requirements, which
confirms the background screening, wascompleted for all current employees, volunteers and subcontracted
personnel. The Form must include the names of all person(s) screened, date of screening, and what employment
decision was made by the Contractor. The Contractor shall ensure during the hiring process all prospective
employees, volunteers and subcontracted personnel submit to a Level 2 background screening as specified
above.
The Contractor shall take necessary precautions to safeguard the background screening records of employees,
volunteers, and subcontracted personnel. Background screening results are exempt from public records and,
therefore, must be maintained accordingly in a secured and access controlled area to ensure that the records are
accessible only to those authorized to examine such records. The Contractor shall make available all records to
the SFWIB in accordance with Article II, Section M of this Contract.
If the Contractor fails to furnish the SFWIB with proof that an employee, volunteer or subcontractor's Level 2
background screening was satisfactorily passed and completed prior to that employee, volunteer or subcontractor
working or volunteering for Contractor on an SFWIB-funded program, the SFWIB shall not disburse any further
funds and this Contract may be subject to termination at the sole discretion of the SFWIB.
Page 5 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
The Level 2 background screening records shall be retained as required herein hi accordance with Article III,
Section G of this Contract. From the initial Level 2 background screening date, and every subsequent year
thereafter, until cessation of employment, volunteerism, or doing any work for the Contractor, the Contractor
shall ensure each employee, volunteer and/or subcontractor that is retained from a previous contract period
undergoes this background screening process.
Even if applicable law would otherwise permit, as a provision of this Contract, the Contractor agrees it shall not
hire any persons or permit any persons to begin work or to volunteer or to remain employed, volunteer, or
perform any work for the Contractor related to this Contract and the work set forth in the Statement of Work,
Exhibit A without submitting proof of satisfactory completion of Level 2 background screening to the SFWIB.
If the Contractor is prohibited from disclosing the background screening records of employees, volunteers and
subcontracted personnel to the SFWIB, the Contractor shall furnish the SFWIB with a notarized
Affirmation/Acknowledgement Affidavit not later than ninety (90) days of contract execution, for each
employee, volunteer and subcontracted personnel stating that a Level 2 Background Screening was conducted
and that the individual is in compliance with the SFWIB's Level 2 Background Screening requirements as found
herein.
END OF ARTICLE I
Page 6 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
ARTICLE II
GENERAL CONDITIONS
A. ADHERENCE TO THE TERMS AND CONDITIONS OF FORMAL SOLICITATION
INTENTIONALLY LEFT BLANK
B. PUBLIC ANNOUNCEMENTS AND ADVERTISING
The Contractor may not undertake any publicity or publish for public consumption information about
Contractor's programs or program participants without prior review and written approval by the SFWIB. All
radio and television advertisements, paid and unpaid„ public service announcements, social media, or general
newspaper articles shall be coordinated through the SFWIB, and shall state that the program is funded through
the SFWIB. The Contractors who receive funds from the SFWIB, regardless of the name under which the
program is operated, must state that the program is funded by the SFWIB in all public communication media.
The Contractor hereby agrees to prominently incorporate the name and the official logo of the SFWIB when
developing collateral materials or publicity, such as radio, print or television coverage, any form of media press
releases, advertising or any informational materials concerning the Contractor's program. Collateral materials
such as letterhead, business cards, envelopes, informational pamphlets and brochures, flyers, posters, and other
such items, shall be in compliance with the SFWIB's policies and procedures. Copies of these materials shall be
forwarded to the SFWIB for review and written approval prior to production, publication and distribution.
When issuing statements, press releases, requests for proposals, bid solicitations, and other documents
describing the project or programs funded in whole or in part with federal money, the Contractor shall clearly
state: (1) the percentage of the total cost of the program or project which will be financed with federal money;
(2) the dollar amount of federal funds for the project or program; and (3) percentage and dollar amount of the
total costs of the project or program that will be financed by non -governmental sources.
C. GRIEVANCE PROCEDURES
The Contractor agrees to comply with all applicable Grievance and Complaint Procedures of the SFWIB and as
required by state and federal law.
D. TERMINATION
Termination without Cause. The SFWIB may terminate this Contract without cause by providing thirty (30)
days prior written notice to the Contractor. The Contractor shall be entitled to receive compensation for services
performed in accordance with the conditions set forth herein through and including the date of termination.
However, the SFWIB shall not be liable for any expenses incurred by the Contractor after the effective date of
termination of this Contract. The Contractor shall not be entitled to recover any cancellation charges or lost
profits incurred as a result of said termination.
Termination for Default and Circumstances Beyond the Contractor's Control. The SFWIB may terminate this
Agreement for default 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.
In the event of termination of this Contract under this provision, neither party will be responsible for failure or
delay in performance of this Contract and the failure or delay in performance will not result in any additional
charge or costs, under this Contract, to either Party. The Party seeking termination of the Contract under this
provision shall provide immediate notice of termination to the other Party. In no event shall notice be provided
later than thirty (30) days of the occurrence triggering termination.
Page 7 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
E. BREACH OF CONTRACT
A non -exhaustive 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 the Statement of Work,
Exhibit A;
2. The Contractor fails, in whole or in part, to maintain staffing in accordance with Article III, Section K of
this Contract;
3. The Contractor ineffectively or improperly uses the SFWIB 's funds provided to the Contractor under this
Contract;
4. The Contractor attempts to meet Contractor's obligations under this Contract through fraud,
misrepresentation or material misstatement;
5. The Contractor fails to submit the documentation required under Article I, Section E of this Contract in
accordance with the time periods set forth therein;
6. The Contractor does not furnish the Certificates of Insurance as required under Article I, Section F of this
Contract or as determined by the SFWIB;
7. The Contractor fails to comply with the background screening and/or provide proof that the background
screening was completed as required under Article I, Section 0 of this Contract;
8. The Contractor fails to comply with the Gratuities provision set forth in Article I, Section I;
9. The Contractor does not furnish proof of licensure or certification as required under Article II, Section H
of this Contract;
10. The Contractor fails to follow the Notification requirements set forth in this Contract under Article II,
Section J of this Contract;
11. The Contractor fails to follow the Notification requirements set forth in this Contract under Article II,
Section K of this Contract;
12. The Contractor refuses to allow the SFWIB full access to records or refuses to allow the SFWIB to
monitor, evaluate and review the Contractor's services and programs;
13. The Contractor fails to comply with Incident Reporting for abuse, neglect, or exploitation of a child, aged
person, or disabled adult as required under Article III, Section N of this Contract;
14. The Contractor fails to take reasonable measures to protect and secure data pertaining to personal
information in electronic form as required under Article III, Section I of this Contract;
15. The Contractor fails to comply, in whole or in part, with Article III, Section I, Information Security
Obligations;
16. The Contractor fails to take reasonable measures to protect and secure personal and confidential
infoiivation as required under this Contract and any applicable local, state or federal laws and regulations;
17. The Contractor does not submit or submits incomplete or incorrect required reports or proof of
compliance with reporting requirements as required by this Contract;
18. The Contractor fails to respond and/or provide documentation to any of the SFWIB's request within
specified due dates, after three (3) written requests by the SFWIB;
19. The Contractor fails to correct deficiencies discovered during a monitoring, evaluation or review by the
SFWIB and/or any governmental body acting within the scope of its jurisdiction within the time period
specified by the SFWIB and/or the governmental body;
20. The Contractor fails to submit, or submits incorrect or incomplete proof of expenditures to support
disbursement requests or fails to submit or submits incomplete or incorrect detailed reports of
expenditures or final expenditure reports;
21. The Contractor fails to submit an invoice as set forth in Article IV, Section N, in accordance with the
time periods set forth therein;
22. The Contractor fails to comply with the Training Services Expenditure Requirement set forth in
Article IV, Section P; (NOT APPLICABLE)
23. The Contractor unlawfully discriminates under any of the laws of the United States of America, State of
Florida, or of Miami -Dade County, if providing services in Miami -Dade County, or of Monroe County, if
providing services in Monroe County;
24. The Contractor fails, in whole or in part, to cooperate with the SFWIB and Partners of the SFWIB in the
implementation of any Memorandum of Understanding (MOU) entered into between the SFWIB and any
Partner;
25. The Contractor fails to obtain the prior written approval of the SFWIB to allow any persons or entities,
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Special Project (City of Miami)
other than the Contractor, of any kind whatsoever, to utilize in any way or manner any CareerSource
center to provide information or services or products of any kind whatsoever to anyone;
26. The Contractor fails to obtain the prior written approval of the SFWIB to administer or provide, or has
caused, let, allowed, permitted, or suffered to be administered or provided in any of the CareerSource
center(s), services or products or information not authorized by the SFWIB;
27. The Contractor fails to meet the terms and conditions of any obligation under any contract or otherwise or
any repayment schedule to the SFWIB or any of its agencies or instrumentalities; and
28. The Contractor fails to fulfill in a timely and proper manner any and all of Contractor's obligations,
covenants and agreements set forth in this Contract.
Waiver of breach of any provisions of this Contract by the SFWIB shall not be deemed to be a waiver of any
other breach of any other provision and shall not be construed to be a modification of the terms of this Contract.
F. BREACH OF CONTRACT: SFWIB REMEDIES
If the Contractor breaches this Contract, the SFWIB may pursue any or all of the following remedies:
1. The SFWIB may terminate this Contract by providing written notice to the Contractor of such termination
and specifying the effective date thereof. In the event of termination, the SFWIB may: (a) request the
return of all finished or unfinished documents, data studies, surveys and reports prepared or obtained by
the Contractor with the SFWIB 's funds under this Contract; (b) seek reimbursement of the SFWIB's
funds awarded to the Contractor under this Contract; and (c) terminate or cancel any other contracts
entered into between the SFWIB and the Contractor. The Contractor shall be responsible for all program
and administrative costs associated with such termination, in addition to the SFWIB 's attorneys' fees
within the limits of liability established in section 768.28, Florida Statutes;
2. The SFWIB may suspend payment, in whole or in part, under this Contract by providing written notice to
the Contractor of such suspension and specifying the effective date thereof. All payments to the
Contractor as of the effective date of suspension shall cease. On the effective date of suspension, if
requested by the SFWIB, the Contractor shall immediately cease to provide services pursuant to this
Contract. If payments are suspended, the SFWIB shall specify in writing the actions that shall be taken by
the Contractor as a condition precedent to resumption of payments and shall specify a date for
compliance. The SFWIB may also suspend any payments, in whole or in part, under any other contracts
entered into between the SFWIB and the Contractor, The Contractor shall be responsible for all program
and administrative costs associated with such suspension, in addition to the SFWIB's attorneys' fees
within the limits of liability established in section 768.28, Florida Statutes;
3. The SFWIB may seek enforcement of this Contract by any action at law or equity available to the SFWIB,
including, but not limited to, filing an action in a court of competent jurisdiction. The venue of any such
action shall be in Miami -Dade County, Florida. The Contractor shall be responsible for all program and
administrative costs of the SFWIB associated with such enforcement, in addition to the SFWIB 's
attorneys' fees within the limits of liability established in section 768.28, Florida Statutes;
4. The SFWIB may debar the Contractor from future SFWIB contracting;
If, for any reason, the Contractor attempts to meet Contractor's obligations under this Contract through
fraud, misrepresentation or material misstatement, the SFWIB shall, whenever the SFWIB deems it to be
in the SFWIB's best interest, terminate this Contract by providing written notice to the Contractor of such
termination and specifying the effective date thereof. In such case, the SFWIB may terminate or cancel
any other contracts the Contractor has with the SFWIB. The Contractor shall be responsible for all of the
SFWIB 's program and administrative costs associated with any such termination or cancellation, in
addition to the SFWIB's attorney's fees within the limits of liability established in section 768.28, Florida
Statutes. Any contractor who attempts to meet its contractual obligations with the SFWIB through fraud,
misrepresentation or material misstatement may be debarred from the SFWIB contracting for a period not
to exceed five (5) years;
6. Any other remedy available at law or equity or administratively; and
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Special Project (City of Miami)
7. All remedies provided herein and otherwise shall all be deemed independent and cumulative.
G. DAMAGES SUSTAINED
The Contractor shall not be relieved of liability to the SFWIB for damages sustained by the SFWIB caused by
any breach of this Contract by the Contractor, and the SFWIB may withhold any payments to the Contractor
until such time as the exact amount of damages due to the SFWIB are determined. The SFWIB may also pursue
any remedies available at law or equity to compensate for any damages sustained by any such breach by the
Contractor. The Contractor shall be responsible for all program and administrative costs of the SFWIB
associated with such breach, including the SFWIB 's attorneys' fees within the limits of liability established in
section 768.28, Florida Statutes.
H. LICENSING
The Contractor shall obtain and maintain in full force and effect during the term of this Contract any and all
licenses, certifications, approvals, insurance, permits and accreditations, required by the State of Florida, by
Miami -Dade County, if providing services in Miami -Dade County, or by Monroe County, if providing services
in Monroe County, the local municipality where the services are being provided, by the SFWIB and the federal
government. Failure to provide the foregoing items to the SFWIB within thirty (30) days of written request by
the SFWIB may result in the SFWIB 's immediate termination of this Contract.
I. NOTICES
It is understood and agreed between the parties that written notice addressed to the Executive Director of the
SFWIB, and mailed or delivered to the address appearing on page one (1) of this Contract and written notice
addressed to the Contractor and mailed or delivered to the address appearing on page one (1) of this Contract
shall constitute sufficient written notice to the respective party.
J. NOTIFICATION OF LEGAL ACTION
The Contractor shall notify the SFWIB of legal actions taken against the Contractor or potential actions such as
lawsuits, related to services provided through this Contract or that may impact the Contractor's ability to deliver
the contractual services, or adversely impact the SFWIB. The SFWIB shall be notified within five (5) days of
Contractor becoming aware of such actions or from the day of the legal filing, whichever comes first.
K. OTHER NOTIFICATIONS
The Contractor shall provide immediate notice, not later than thirty (30) days regarding all matters, to the
Executive Director of the SFWIB, in writing, of any issues, questions, requests for clarification or any other
matter relating to or affecting the Contractor's performance under this Contract.
L. PUBLIC RECORDS
1. The Contractor shall allow public access to all documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, made or received by the Contractor in connection with this
Contract, except that public records which are made exempt from public record disclosure by law must be
protected from disclosure and include, but are not limited to criminal history information derived from the
U,S. Department of Justice. Failure of the Contractor to allow such public access shall result in the
immediate termination of this Contract or any renewal. The Contractor shall maintain public records
stored in electronic record keeping systems in accordance with Chapter 119, Florida Statutes, and Rule
IB-26.003 of the Florida Administrative Code.
2. Pursuant to Section 119.0701 of the Florida Statutes, the Contractor shall:
Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service;
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Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law;
c) Ensure that public records that are exempt and/or confidential from public records
disclosure requirements are not disclosed except as authorized by law; and
d) Meet all requirements for retaining public records and transfer to the SFWIB, at no cost to
the SFWIB, all public records created, received, maintained and or directly related to the
performance of this Contract that are in possession of the Contractor upon termination of
this Contract. Upon teiniination of this Contract, the Contractor shall destroy any duplicate
public records that are exempt and/or confidential from public records disclosure
requirements. All records stored electronically must be provided to the SFWIB in a format
that is compatible with the SFWIB's information technology systems.
3. For purposes 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 the SFWIB's official business.
4. In the event the Contractor does not comply with the public records disclosure requirement set forth in
Section 119.0701 of the Florida Statutes and this Section L of this Contract, the SFWIB shall avail itself
of the remedies set forth in Article II, Sections D, E, and F of this Contract.
M. AUDIT, INSPECTION AND ACCESS TO RECORDS
The Contractor shall permit the SFWIB or the SFWIB 's designees, the State of Florida and the federal
government or any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt,
copy or transcribe Contractor's client records, financial records, supporting documents, statistical records,
personnel records, records of all disseminations of criminal history information, and any other documents
(including storage media) pertinent to this Contract during the term of this Contract and for a period of five (5)
years following termination of this Contract or final payment hereunder, whichever is later, to assure
compliance with the terms hereof, or to evaluate the Contractor's performance hereunder. The Contractor shall
also permit any or all these aforesaid entities to monitor all activities conducted by the Contractor pursuant to
the terms of this Contract. The monitoring agency may, in its sole discretion, deem necessary or appropriate
such monitoring which may consist of internal evaluation procedures, examination of program data, evaluation
of participant files, special analyses, on -site reviews or any other procedure.
The Contractor shall provide full and unrestricted access to any and all records for services paid for under this
Contract to the SFWIB, the State of Florida, or the U.S. Department of Labor, the Comptroller General of the
United States, or any of their duly authorized representatives.
N. MODIFICATIONS
Any alterations, variations, modifications, extensions or waivers of provisions of this Contract shall only be
valid when they have been reduced to writing, duly approved and signed by both parties hereto.
O. AUTONOMY
Both parties agree that this Contract recognizes their independence and autonomy and implies no affiliation of
any kind between the contracting parties. The Contractor is an independent contractor in all respects under this
Contract. It is expressly understood, agreed and intended that the Contractor is only a recipient of funding from
the SFWIB and is not an agency or instrumentality of any kind of the SFWIB. Furthermore, the Contractor's,
officers, agents, servants, and employees are not officers, agents, servants, or employees of the SFWIB or any of
the SFWIB 's agencies or instrumentalities.
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INDEMNIFICATION
1. For Florida Governmental Entities. The Contractor shall indemnify and hold harmless the SFWIB, its
officers, employees, agents, servants, agencies and instrumentalities from any and all liability, losses or
damages, including attorneys' fees and costs of defense, which the SFWIB and its officers, employees,
agents, servants, agencies or instrumentalities may incur as a result of any and all claims, demands, suits,
causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Contract by the Contractor or the Contractor's officers, employees, agents, servants,
partners, principals or subcontractors or any other individual performing work on the Contractor's behalf
under this Contract, including but not limited to Florida Department of Economic Opportunity (DEO)
staff. The Contractor shall pay all claims and losses of any kind in connection therewith and shall
investigate and defend all claims, suits or actions of any kind or nature in the name of the SFWIB, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon, subject to extent and within the limitations of Section 768.28, Florida Statutes.
Further, this indemnification shall only be to the extent and within the limitations of Section 768.28
Florida Statutes, subject to the provisions of that statute whereby the Contractor shall not be held liable to
pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of
$200,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or
judgments paid by the Contractor or any other governmental entity covered under Section 768.28 arising
out of the same incident or occurrence which exceeds the sum of $300,000 from any and all personal
injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the
negligence of the Contractor or the Contractor's officers, employees, servants, agents, partners, principals
or subcontractors.
2. Term of Indemnification. The provisions of this indemnification shall survive the expiration of this
Contract and shall terminate upon the expiration of the applicable statute of limitation.
Q. SUBCONTRACTING
1. The parties hereto agree that no subcontract shall be entered into under or pursuant to this Contract
without the prior written approval of the SFWIB, said prior written approval shall be issued at the sole
discretion of the SFWIB.
2. In no event shall such prior written approval of the SFWIB relieve the Contractor from the Contractor's
obligations under this Contract, or change any of the terms or conditions of this Contract. The Contractor
shall ensure that all applicable provisions of this Contract are binding upon all such subcontractors. It is
expressly understood and agreed that the SFWIB shall not be liable to any subcontractor(s) for any
expenses or liabilities of any kind whatsoever incurred by any person or entity under any subcontract.
R. PERSONS WITH DISABILITIES AND ACCESSIBILITY OF FACILITIES
The Contractor shall conduct all activities under this Contract in accordance with the Americans with
Disabilities (ADA) Act of 1990, Section 504 of the Rehabilitation Act of 1973, Title VI of the Civil Rights Act
of 1964 as amended, and the regulations promulgated under such Acts, with respect to persons with disabilities.
The Contractor shall designate a Disability Services Coordinator to establish and implement internal procedures
to ensure that Contractor and operational staff are knowledgeable about and comply with the disability -related
requirements of WIOA, Section 188; Section 504 of the Rehabilitation Act of 1973, as amended, and the
Americans with Disabilities Act (ADA) of 1990 as amended (42 U.S.C. 12101 et seq.) P.L. 101-336 which
prohibits discrimination on the basis of disability and requires reasonable accommodation for persons with
disabilities. The Contractor's staff shall be thoroughly trained in providing services to individuals with
disabilities as it pertains to customer service, reasonable accommodations, and etiquette.
The Contractor shall assure that programs and activities under this Contract are accessible to individuals with
disabilities without discrimination, including:
1. Making reasonable accommodations;
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Special Project (City of Miami)
2. Providing services in the most appropriate integrated setting;
3. Providing auxiliary aids for individuals with vision and hearing impairments during recruitment, referral,
and assessment of prospective program participants; and
4. Having resource materials available in alternate formats.
The Contractor shall ensure that the physical facilities utilized under this Contract are accessible at all times to
individuals with disabilities; in accordance with the applicable standards of the State of Florida as set forth in
DEO/Office of Civil Rights "Facility Accessibility Checklist" posted on the Florida Department of Economic
Opportunity (DEO) web site at: www.floridajobs.org or shall submit to the SFWIB an alternate plan to achieve
physical accessibility to individuals with disabilities provided services under this Contract.
COPYRIGHT, PATENTS, RIGHT TO DATA
Except for the Contractor's own internal use, the Contractor shall not publish or reproduce any data or
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 released such data or information to the public.
As authorized by 49 CFR 18.34, the federal government, through the State of Florida, reserves a royalty free,
nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize the State of
Florida and others to use:
1. Any work developed under this Contract or a resulting subcontract irrespective of whether it is
copyrighted.
2. Any rights of copyright to which Contractor or subcontractor purchases ownership with funds provided
for under this Contract.
In the event the Contractor is granted written approval from the SFWIB to utilize subcontractors to perform any
services required by this Contract, the Contractor agrees to prohibit such subcontractors, by written contract,
from violating any of the terms of this Section S.
T. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
Contracts or agreements for the performance of experimental, developmental, or research work shall provide for
the rights of the federal government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Non-profit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
U. INTELLECTUAL PROPERTY RIGHTS
The federal government reserves a paid -up, nonexclusive and irrevocable license to reproduce, publish or
otherwise use, and to authorize others to use for federal purposes: (i) The copyright in all products developed
under the grant, including a subgrant or contract under the grant or subgrant; and (ii) any rights of copyright to
which the grantee, sub -grantee or a contractor purchases ownership under an award (including but not limited to
curricula, training models, technical assistance products, and any related materials). Such uses include, but are
not limited to, the right to modify and distribute such products worldwide by any means, electronically or
otherwise. Federal funds may not be used to pay any royalty or licensing fee associated with such copyrighted
material, although they may be used to pay costs for obtaining a copy, which are limited to the developer/seller
costs of copying and shipping. If revenues are generated through selling products developed with grant funds,
including intellectual property, these revenues are program income. Program income is added to the grant and
must be expended for allowable grant activities (2 CFR § 215.36).
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Special Project (City of Miami)
If applicable, grantees must include the following language on all products developed in whole or in part with
grant funds:
"This workforce solution was funded by a grant awarded by the U.S. Department of Labor's Employment and
Training Administration. The solution was created by the grantee and does not necessarily reflect the official
position of the U.S. Department of Labor. The Department of Labor makes no guarantees, warranties, or
assurances of any kind, express or implied, with respect to such information, including any information on
linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness,
usefulness, adequacy, continued availability, or ownership. This solution is copyrighted by the institution that
created it. Internal use by an organization and/or personal use by an individual for non-commercial purposes is
permissible. All other uses require the prior authorization of the copyright owner."
V. EMPLOYMENT ELIGIBILITY VERIFICATION
Pursuant to Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts
in excess of nominal value to expressly require Contractor to:
1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility
of all new employees hired by Contractor during the Contract term; and
2. Include in all subcontracts under this Contract, the requirement that subcontractors perfoiining work or
providing services pursuant to this Contract utilize the E-Verify system to verify the employment
eligibility of all new employees hired by the subcontractor during the term of the subcontract.
E-Verify is an Internet -based system that allows an employer, using information reported on an employee's
Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in
the United States after the effective date of the required Memorandum of Understanding (MOU); the
responsibilities and elections of federal contractors, however, may vary, as stated in Article ILD.1.c. of the
MOU. There is no charge to employers to use E-Verify.
The Department of Homeland Security's E-Verify system can be found at:
http://www.dhs.gov/files/programs/gc 1185221678150.shtm
If Contractor does not have an E-Verify MOU in effect, Contractor must enroll in the E-Verify system prior to
hiring any new employee after the effective date of this Contract.
The Contractor shall maintain evidence of the use of the E-Verify system in the employee's personnel file. The
Contractor shall maintain a personnel file for each staff person funded under this Contract in accordance with the
SFWIB's Policies and Procedures, state and federal laws.
W. IMMIGRATION REFORM AND CONTROL ACT
The Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986, which
requires employment verification and retention of verification forms for any individuals hired who will perform
any services under the contract.
X. INTERGOVERNMENTAL PERSONNEL ACT
The Contractor shall comply with the requirements of the Intergovernmental Personnel Act (42 U.S.C. Sec.
§4701). The Contractor shall provide a completed Assurances Non -Construction Programs, Attachment 4.
END OF ARTICLE II
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ARTICLE III
PROGRAM MANAGEMENT
A. PERFORMANCE
Performance shall be defined as the Contractor having attained the goals and objectives set forth in this Contract,
in accordance with Exhibit A, Statement of Work and Exhibit D, Performance Measures attached hereto
and incorporated by reference as if fully set forth herein, The Contractor shall be responsible for the
recruitment, enrollment and placement of clients in a sufficient amount to assure that expenditure levels are met
for the different funding streams.
B. SUPERVISORY CASE REVIEW
The Contractor shall conduct monthly supervisory quality assurance case reviews to assess the performance of
the Program management staff and monitor compliance with procedural and performance requirements in
accordance with the SFWIB's Policies and Procedures. These case reviews shall be submitted to the SFWIB's
Quality Assurance Unit in accordance with Exhibit E, Reporting Requirements, attached hereto and
incorporated by reference as if fully set forth herein. Supporting documentation for these reviews shall be
maintained by the Contractor and made available for monitoring reviews by the SFWIB upon request.
C. PROGRAM REPORTS
Data for reports shall be generated from the appropriate Management Information System(s) (MIS).
Performance shall only be deemed to have occurred if the Contractor has reported same in the applicable MIS.
It is the responsibility of the Contractor to ensure that adequate and timely reports are produced for internal
performance monitoring purposes from the same MIS. Required reports shall be submitted in accordance with
Exhibit E, Reporting Requirements.
D. MONITORING
The Contractor shall permit the SFWIB's staff and authorized agents to perform random and scheduled
monitoring, reviews and evaluations of the services which are the subject of this Contract. The SFWIB may
monitor both fiscal and programmatic compliance with all the terms and conditions of this Contract at any and
all times.
The Contractor shall permit the SFWIB, and the SFWIB 's officers, agents or employees, to conduct site visits,
client assessment surveys, and other techniques deemed reasonably necessary to fulfill the monitoring function
and requirements of the SFWIB. Monitoring results and findings shall be communicated to the Contractor
through an official written report and may require corrective action by the Contractor. The Contractor shall
rectify all deficiencies cited within the period of time specified in the report. If such deficiencies are not
corrected within the specified time, the SFWIB may suspend payments or terminate this Contract, in the sole
discretion of the SFWIB.
E. FILE MAINTENANCE
1. Hard Copy
The Contractor shall maintain a separate individual case file for each customer served in accordance with
policies and procedures established by the SFWIB for customers enrolled in any of the SFWIB-funded
programs. This file shall include all required documents as set forth in the SFWIB 's procedures. These
files shall be subject to the Audit, Inspection and Access to Records requirements under Article II,
Section M of this Contract.
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Special Project (City of Miami)
2. Electronic
All electronic customer files shall be updated in the applicable Management Information System (MIS) to
reflect the most current activity. These entries must be supported by the appropriate documentation in the
hard copy file. Failure to update the electronic case file timely, accurately and with information based
upon actual activity, may result in corrective action, withholding of payment, termination of this Contract
and de -obligation for non-performance.
3. Error Rate
The Contractor agrees to maintain a hard copy and electronic copy of each customer case file and
maintain, at all times, a file maintenance error rate of not more than three percent (3% o).
4. Medical Records
All medical records, which are part of the eligibility determination or case management process, must be
kept in a separate file and in a designated, properly secured area. Access to medical records shall be
limited to persons authorized by the Contractor. Sensitive documents, which do not become a part of the
participant's permanent file, shall be immediately shredded to ensure absolute confidentiality. The
Contractor shall be liable if access to medical records is provided and any federal, state, and/or local laws
are breached.
5. Domestic Violence Records
All domestic violence records, which are part of the eligibility determination or case management
process, shall be kept in a separate file and in a designated, properly secured area. Access to domestic
violence records shall be limited to persons authorized by the Contractor. Sensitive documents, which do
not become a part of the participant's permanent file, shall be immediately shredded to ensure absolute
confidentiality. The Contractor shall be liable if access to domestic violence records is provided and any
federal, state, and/or local laws are breached.
6. Background Screening Records
All background screening records, which are part of the case management process, shall be kept in a
separate file and in a designated, properly secured area. The Contractor shall take necessary safeguards to
keep the background screening records of participants in a secured and access controlled area to ensure
that the records are accessible only to those authorized to examine such records. Access to background
screening records shall be limited to persons authorized by the Contractor. Sensitive documents, which do
not become a part of the participant's permanent file, shall be immediately shredded to ensure absolute
confidentiality. The Contractor shall be liable if access to background screening records is provided and
any federal, state, and/or local laws are breached.
F. FILE OWNERSHIP
The Contractor understands and agrees that the case files that the Contractor maintains for programs funded by
this Contract are the SFWIB's property and are maintained for the SFW]B's benefit. Therefore, the Contractor
shall not dispose of any case files without the prior written consent of the SFWIB. In the event of the
termination of this Contract, the Contractor shall transmit immediately all records to the SFWIB upon the
request of the SFWIB.
G. RECORDS RETENTION
Five (5) Year Requirement: The Contractor shall keep all records, accounts, and documents related to the
operation and performance of this Contract or any modification hereto for five (5) years following the expiration
of this Contract. However, if any audit, claim, litigation, negotiation or other action involving this Contract or
Page 16 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
modification hereto has commenced before the expiration of the five (5) year period, the records shall be
retained until completion of the action and resolution of all issues which arise from it, or until the end of the
regular five (5) year period, whichever is later. The Contractor shall cooperate with 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 Contract upon the request of
the SFWIB and shall notify the SFWIB by certified mail within ten (10) days of moving said records if and
when the records are moved to a new location.
The Contractor and any subcontractor shall maintain documentation of expenditures incurred under this
Contract for a period of five (5) years from the date of submission of the final reimbursement request for that
grant year or until the resolution of any audit findings or any litigation related to the Contract, whichever occurs
last.
H. CONFIDENTIALITY OF RECORDS
1. The Contractor shall maintain the confidentiality of any information regarding program participants that
identifies or may be used to identify program participants and which may be obtained through proposal
fouuus, interviews, tests, reports from public agencies or counselors, or any other source. The Contractor
shall not divulge such information without the written permission of the participant, or participant's
responsible parent or guardian when authorized by law, if applicable, except that such information which
is necessary, as determined by the SFWIB, for purposes related to the perfoitiiance or evaluation of the
Contract may be divulged to the SFWIB or such other persons as the SFWIB may designate who have
responsibilities for monitoring or evaluating the services and performances under the Contract, or to
governmental authorities to the extent necessary for the proper administration of the law and the provision
of services. All releases of information shall be in accordance with applicable federal and state laws as
well as the policies and procedures of the SFWIB. No release of information by the Contractor, if such
release is required by federal or state law, shall be construed as a breach of this Contract. The Contractor
shall provide a completed Confidentiality Agreement, Attachment 5.
2. Confidentiality Forms, The Contractor, in the course of receiving and utilizing confidential workforce
program information for the purpose of performing Contractor's duties under this contract, shall ensure
that all staff, security officers, contractors, subcontractors, and any subsequent subcontractors and their
employees complete the following certification and acknowledgement forms:
a. The Individual Non -Disclosure and Confidentiality Certification Form, Attachment 6,
attached hereto and incorporated by reference as if fully set forth herein.
b. The Confidentiality Acknowledgement, Attachment 7, attached hereto and incorporated by
reference as if fully set forth herein.
All completed forms shall be retained as required herein in accordance with Article III, Section G of this
Contract. The Contractor shall maintain the completed confidentiality forms in each employee's personnel
file.
3. The Background Screening record information derived from the U.S. Department of Justice shall not be
disseminated outside the Contractor's entity or used for a purpose other than that specified in the statute
authorizing the request, Section 943.0542, F.S.
I. INFORMATION SECURITY OBLIGATIONS
The Contractor agrees to abide by all applicable SFWIB's Information Technology Security Policies and
Procedures.
• The Contractor (including its officers, employees, subcontractors, agents, partners, principals, servants,
representatives or any other individuals to whom Contractor exposes or authorizes toaccess confidential
information obtained under this Contract), shall not store, or allow to be stored, any confidential
information on any portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral
Page 17 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
device with the capacity to store information. The Contractor shall not electronically transmit, or allow to
be transmitted, any personal or confidential information. Failure to strictly comply .with this provision
shall constitute a breach of this Contract.
• The Contractor shall not engage any third party vendor, company or agent to modify, troubleshoot or
otherwise alter the configuration of network devices, workstations, printers and/or any other device or
hardware attached to the SFWIB 's network and agrees that no other devices, servers, workstations,
tablets, wireless devices, etc., other than those installed by the SFWIB's IT Unit or SFWIB's authorized
agent, will be connected to the S WFIB's network.
• During the term of this Contract, the Contractor must obtain signed confidentiality access agreements,
which are required by the SFWIB and/or the Department of Economic Opportunity for systems access
privileges, for any individual including, but not limited to all of the Contractor's officers, employees,
subcontractors, agents, partners, principals, servants, representatives and security officers, prior to their
access to electronic data systems.
• The Contractor shall ensure that the Contractor's staff with access to client information through the
Employ Florida Market Place (EFM), the One Stop Service Tracking (OSST) system(s) and/or any other
information systems as required, complete the Information Security and Awareness Training annually.
• The Contractor shall make every effort to protect and avoid unauthorized release of any personal or
confidential information, as set forth in Article III, Section H.
• The Contractor shall notify the SFWIB in writing of any disclosure of confidential information of the
SFWIB and/or the State of Florida's data by the Contractor, its officers, employees, subcontractors,
agents, partners, principals, representatives or any other individuals to whom Contractor exposes or
authorizes to access confidential information obtained under this Contract, which is not in compliance
with the terms of the Contract (of which it becomes aware).
• The Contractor also shall report to the SFWIB any Security Incidents of which it becomes aware,
including those incidents reported to the Contractor by its officers, employees, subcontractors, agents,
partners, principals, servants, representatives. For purposes of this Contract, "Security Incident" means
the attempted or successful unauthorized access, use, disclosure, modification, or destruction of the
SFWIB or the DEO information in the Contractor's possession or electronic interference with the
SFWIB 's operations; however, random attempts at access shall not be considered a security incident.
• The Contractor agrees to notify the SFWIB's Help Desk, not later than 24 hours following the
determination of any breach or potential breach of personal and confidential data, as required by the
SFWIB 's Information Technology Security Policies and Procedures.
• In the event of a breach of security concerning confidential personal information involved with this
Contract, the Contractor shall comply with section 501.171 F.S., as applicable. When notification to
affected persons is required under this section of the statute, the Contractor shall provide notification, to
affected parties not later than seven (7) calendar days following the determination of any potential breach
of personal or confidential data, using only the SFWIB 's approved format.
-
• Defined statutorily, and for purposes of this Contract, "breach of security" or "breach" means the
unauthorized access of data in electronic form containing personal data. Good faith acquisition of
personal information by an employee or agent of the Contractor is not a breach, provided the information
is not used for a purpose unrelated to the Contractor's obligations under this Contract or is not subject to
further unauthorized use,
The Contractor shall be wholly liable for security breaches and personal identity theft committed by its
officers, employees, subcontractors, agents, partners, principals, servants, representatives or any other
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Special Project (City of Miami)
individuals to whom the Contractor exposes or authorizes to access confidential information obtained
under this Contract, including, but not limited to, volunteers and Department of Economic Opportunity
employees. The Contractor shall be liable for: (1) direct payment and/or reimbursement of all costs
incurred for notifying and providing identity theft protection services to customers who may be victims of
the security breaches and personal identity theft; (2) resolving any and all claims related thereto; and (3)
all other costs and damages resulting from security breaches or personal identity theft.
Failure to comply with this Section I, Information Security Obligations, shall constitute a breach of this
Contract.
J. PELL GRANT AND OTHER FINANCIAL AID (NOT APPLICABLE)
The Contractor shall first access PELL and other federal, state and local financial assistance prior to committing
or obligating ITA/Scholarship funds to support the training costs of an individual. Scholarship funds shall be
used only to the extent other sources of funds necessary to pay for the cost of the training or tuition is not
available. For training institutions or training programs that are non-PELL eligible, documentation shall be kept
in the participant's case file that specifies that the training institution or program is non-PELL eligible.
The Contractors which issue ITA/Scholarships shall assist all SFWIB's program participants in applying for the
PELL Grant or for any other federal, state, or local grant, scholarship or entitlement funds. This shall be
evidenced by a completed copy of the PELL grant application (Free Application for Federal Student Aid) and a
Student Aid Report from the Department of Education in each program participant's case file.
K. STAFFING REQUIREMENTS
The Contractor shall maintain an organizational structure and adequate programmatic, administrative and
support staff sufficient to fulfill the Contractor's contractual obligations hereunder. The Contractor shall submit
Staffing Roster/ New Hire/ Termination Reports in accordance with Exhibit E, Reporting Requirements,
attached hereto and incorporated by reference as if fully set forth herein. In the event the SFWIB determines
that the Contractor's staffing levels do not conform to those in the Contractor's approved budget, the SFWIB
shall advise the Contractor in writing and the Contractor shall have thirty (30) calendar days to remedy the
identified staffing deficiencies. Failure to comply may result in the suspension of payment until staffing levels
are corrected and may be considered a breach of this Contract. Budget modifications may be required when
vacancies are not filled within the specified time frame and result in program income in accordance with Article
IV, Section A.
L. LIMITED ENGLISH PROFICIENCY (LEP)
When a significant number or proportion of the population eligible to be served under this Contract needs
services or information in a language other than English to be effectively informed or to participate in 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
individuals with a disability, distributed to the public relating to the services provided pursuant to this Contract.
The Contractor shall conduct an annual two -week assessment beginning on April 1, 2016 and ending on April
15, 2016, of the languages spoken by LEP customers, as required by the SFWIB's Policies and Procedures. The
results of the survey shall be tabulated and submitted to the SFWIB's Program Administrator not later than
April 22, 2016 as set forth in Exhibit E, Reporting Requirements, attached hereto and incorporated by
reference as if fully set forth herein.
M. TRAINING OF STAFF
The Contractor shall ensure that employees responsible for program compliance receive appropriate grant
administrative and program compliance training in:
• Required Participant File Contents (In accordance with the SFWIB's Policies and Procedures)
Page 19 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
• Pass -through Entity Responsibilities 2 CFR Chapter II, Subpart D § 200.331
• Contracts Management / Administration (45 CFR 74.21)
N. ABUSE, NEGLECT, AND EXPLOITATION INCIDENT REPORTING
The Contractor shall immediately report knowledge or reasonable suspicion of abuse, neglect, or exploitation of
a child, aged person, or disabled adult to the Florida Abuse Hotline on the statewide toll -free telephone number
(1-800-96ABUSE) or via the web reporting option at http://www.dcf.state.fi.us/abuse/reportl, or via fax at 1-
800-914-0004, or via TDD (800) 453-5145 as required by Chapters 39 and 415, F.S., this provision is binding
upon both the Contractor and Contractor's employees.
END OF ARTICLE III
Page 20 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
ARTICLE IV
FISCAL MANAGEMENT
A. PROGRAM INCOME
1. Program Income Shall Be Forthwith Remitted to the SFWIB
Program income as defined in Exhibit F, Definitions, attached hereto and incorporated by reference
as if fully set forth herein, realized in operating a program under this Contract, or any modification
hereto, shall be reported to and forthwith remitted to the SFWIB at the end of each quarter during
which the income was realized.
2, Audits Shall Contain a Program Income Schedule
All audits of the Contractor shall contain a schedule prepared by the auditor of the Contractor
detailing program income realized under this Contract and said schedule and all audits shall be
provided to the SFWIB.
3. Contractor's Use of Program Income
WIOA regulations require that program income shall be added to the total Contract award and used to
provide the same services as stated in the original Contract. In the event that income shall be added to
Contractor's budget in accordance with the modification provisions under this Contract, this income
shall be accounted for in accordance with the terms and conditions governing all funds awarded under
this Contract.
For non-WIOA funds, program income in excess of one hundred dollars ($100.00) shall be
remitted to the SFWIB not later than thirty (30) days after the end of quarter.
B. INTERNAL CONTROLS
The Contractor agrees to maintain Contractor's books and records in accordance with Generally Accepted
Accounting Principles, (GAAP); "Standards for Internal Control in the Federal Government" issued by the
Comptroller General of the United States; the "Internal Control Integrated Framework" issued by the
Committee of Sponsoring Organizations of the Treadway Commission (COSO); and to institute fiscal
controls to account for all monies received from the SFWIB and spent to perform the Contractor's
obligations under this Contract.
C. ACCOUNTING RECORDS
The Contractor shall maintain records, books, and documents, including electronic storage media and
electronic records that identify the SFWIB's funds and which contain information pertaining to authorized
expenditures, obligations, de -obligated balances, assets, liabilities, outlays or expenditures and income.
These records shall also be maintained in accordance with Generally Accepted Accounting Principles
(GAAP).
The Contractor shall ensure that accounting records reflect the separation of all programs/activities it
administers, or for which it receives funding. The Contractor shall ensure that a clear audit trail exists
showing the benefit received from each expenditure as it relates to the applicable program/activity.
D. PROCUREMENT REQUIREMENTS
The Contractor agrees to adhere to the following procurement requirements when obtaining any and all
goods and services including, but not limited to, training supplies, equipment, rental agreements,
Page 21 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
construction, maintenance, professional and consultant services, necessary to perform 'the services and
obligations of the Contractor pursuant to this Contract.
1. Procurement actions, unless otherwise stated herein, with an aggregate cost of five -hundred dollars
($500.00) or less shall be considered a small business purchase and shall not require any formal
procurement, such as a Request for Proposal or Request for Qualifications. However, upon requesting
quotes for goods and services, the Contractor shall keep a record of the entities contacted for the
purpose of securing any quotes and shall record the quotes received. The Contractor shall submit such
documentation when seeking reimbursement for this expenditure and shall maintain a record of the
procurement and the receipt and payment for the goods or services.
2. Procurement actions for office supplies, i.e. paper, pens, toner, etc., regardless of costs, shall be the
sole responsibility of the Contractor.
3. Procurement actions with an aggregate cost of five hundred and one dollars ($501.00) or more shall be
purchased by the SFWIB at the sole discretion of the SFWIB.
4. Procurement actions for office furniture (i.e. desks, chairs, file cabinets, etc.), regardless of costs, shall
be purchased by the SFWIB at the sole discretion of SFWIB.
5. Procurement actions to renovate, remodel, reconfigure, or modify the interior design or layout of a
CareerSource center in which the SFWIB is not the lessee shall be approved, in writing by the SFWIB
prior to the initiation of procurement by the Contractor.
6. The Contractor shall not renovate, remodel, reconfigure, or modify the interior design or layout of a
CareerSource center in which the SFWIB is the lessee.
7. Procurement actions for computers must be purchased by the SFWIB. Any software application to be
installed on computers purchased by the SFWIB must be purchased by the SFWIB. The procurement
of computers and software is at the sole discretion of the SFWIB.
8. The Contractor shall not enter into Professional Services Agreements or subcontracts to render
services described in Exhibit A, Statement of Work, without the prior written approval of the
SFWIB.
9. Procurement actions shall be subject to federal, state and local laws related to nepotism, conflicts of
interest and criminal and fraudulent activities.
10. The Contractor shall reimburse the SFWIB for any funds expended under this Contract when the
Contractor does not or cannot produce the documents required to demonstrate, to the satisfaction of
the SFWIB, that the procurement requirements of this Section have been followed.
11. The timeframe for submission of procurement requests shall be established by the SFWIB and shall be
communicated to the Contractor in the form of written instructions. The Contractor shall submit an
original completed, signed and dated procurement request font' to the SFWIB as specified in the
written instructions.
12. The Contractor shall submit an original completed, signed and dated procurement request form to the
SFWIB as specified in the written instructions. The Procurement Request Form and written
instructions can be obtained by authorized users via the website at:
http://intranet.careersourcesfl,com:18112/sites/intranet/requiredReports/Shared% o20Documents/CS SF
%20Docs/P rocurementlS ervice%o20Provider% o20Procurement%20Request%o20Form.pdf
Page 22 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS
The Contractor assures that, to the greatest extent practicable, all equipment and products purchased with
funds made available in this Act (P.L. 113-128 S. 502) will be American -made.
F. INVENTORY
The Contractor shall reconcile the general inventory of all property and equipment purchased with the
SFWIB's funds. The timeframe for completion shall be established by the SFWIB and shall be
communicated to the Contractor in the form of written instructions. The Contractor shall submit a completed,
signed and dated Capital Inventory Report electronically to the SFWIB's Facilities Unit and forward the
original hand delivered or mailed to the SFWIB's Facilities Unit as set forth in the written instructions.
Immediately upon discovery, the Contractor shall notify the SFWIB, in writing, of any property loss with the
date and reason(s) for the loss.
The SFWIB shall conduct random and scheduled inventory reviews at the Contractor's location(s)
throughout the program year. Upon request by the SFWIB, the Contractor shall reconcile the inventory. If
discrepancies are discovered, and upon request by the SFWIB, the Contractor shall provide reimbursement,
based upon the depreciation value of the missing items.
The Contractor may utilize such property for another SFWIB-funded activity with the prior approval, in
writing, by the SFWIB. The Contractor may not sell, trade, transfer, dispose, or remove any property
without the express written consent of the SFWIB.
Title (ownership) to all nonexpendable property acquired with funds from this Contract shall be vested in the
SFWIB and said property shall be transferred to the SFWIB upon completion or termination of this Contract
unless otherwise authorized in writing by the SFWIB. Non Expendable property is defined as, but not
limited to, office supplies and office furniture.
Title to supplies and other expendable property shall vest in the Contractor upon acquisition. If there is a
residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or
completion of the project or program and the supplies are not needed for any other SFWIB federally -
sponsored project or program, the Contractor shall retain the supplies for use on non-federal sponsored
activities or sell them, with prior written approval of the SFWIB, but shall, in either case, compensate the
SFWIB for its share. The amount of compensation shall be computed in the same manner as for equipment.
G. FINANCIAL CLOSEOUT
The Contractor shall comply with all provisions of the SFWIB's Financial Closeout Procedures, Exhibit
G, attached hereto and incorporated by reference as if fully set forth herein, upon the expiration of this
Contract. The Financial Closeout required by the SFWIB shall be completed and submitted not later than
thirty (30) calendar days after the expiration of this Contract. Non -receipt of the required closeout package
and supporting documentation by the specified due date shall result in the disallowance of all costs included
in the Financial Closeout.
Final line -item budget adjustment(s), by funding stream and by function (administrative and programmatic),
not including staff incentives shall be allowed to be submitted with the Financial Closeout, only if the
variance(s) does not exceed 10% and the net effect of the changes is zero.
Pursuant to the terms of this Contract and in consideration of the total amounts paid to the Contractor
for performance, upon submission of the Financial Closeout Package, the Contractor shall remise,
release, and discharge the SFWIB, its officers, agents, and employees, of and from all liabilities,
obligations, claims, and demands whatsoever under or arising from this Contract. The Contractor's
submission of the Financial Closeout Package is a complete release and waiver of any and all liability,
claims or causes of action that allegedly resulted from engagement of and/or performance under this
Page 23 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
Contract and acknowledges the SFWIB has fully performed and satisfied any and all of its obligations
due under this Contract.
H. BUDGET SUMMARY
The Contractor agrees that all expenditures shall be made and all costs incurred by the Contractor in
accordance with Exhibit H, Budgets for Administrative Costs and Program Costs, attached hereto and
incorporated by reference as if fully set forth herein.
The Contractor agrees that Exhibit H, Budgets for Administrative Costs and Program Costs, attached
hereto and incorporated by reference as if fully set forth herein, validate that the Contractor has projected
costs that are reasonable, allowable, allocable and are in accordance with Cost Principles set forth in 2 CFR
Part 200, Subpart E.
In no event shall the budget(s) for administrative costs exceed ten percent (10%) across SFWIB funding
streams.
The Contractor shall be allowed to shift funds within the Contractor's program line item budget. Variances
greater than five percent (5%) in any budgeted position salary and fifteen percent (15%) in any line item shall
require the prior written approval of the SFWIB Executive Director.
Prior approval by the SFWIB of Exhibit H, Budgets for Administrative Costs and Program Costs is
given based on the limited facts presented as justification for the proposed expenditure; therefore, should the
actual expenditure not be in accordance with the facts presented or federal requirements; the SFWIB may
question or disallow the expenditure.
All budget modifications shall be approved, in writing, by the authorized representative of the Contractor and
shall be forwarded to the SFWIB Contract Manager for processing. Approved budget modifications shall
replace Exhibit H as Exhibit H-1, a copy of which shall be attached hereto and incorporated by reference as
if fully set forth herein.
Any expenditure made and incurred prior to formal approval by the SFWIB of a written budget modification
request may be disallowed in the sole discretion of the SFWIB.
The Contractor shall amend the budget, if applicable, at the end of the second (2nd) and third (3`1) program
year quarters, not later than September 30, December 31, and March 31 respectively, and a final fourth (4th)
quarter modification shall be allowed and submitted, not later than May 30. In the event that the Contractor's
contract is not renewed for another term, the Contractor shall be allowed to submit a final modification
within ten (10) business days after being notified of the non -renewal.
Staffing changes (including, but not limited to adding names of staff filling vacant positions) shall be
incorporated in the budget not later than the next available quarterly modification period set forth herein.
Final line -item adjustment(s) shall be allowed as set forth in Article IV, Section G - Financial Closeout.
I. CONTRACTOR'S COST ALLOCATION PLAN AND INDIRECT COST RATE
1. Indirect Cost Rate: The publication of Title 2 CFR Part 200, "Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards," released on December 26, 2013, requires
that every sub -award of federal funds from pass -through entities (i.e. the SFWIB) to the sub -recipient
must include, among other elements, an Indirect Cost Rate.
In conformity with Title 2 CFR Part 200 the Contractor shall submit to the SFWIB within 30 days of
Contract execution one of the following:
• If the Contractor does not have an approved Indirect Cost Rate:
Page 24 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
o The Contractor shall submit to the SFWIB a written request indicating electing to use the de
minimis rate; or
o The Contractor shall develop and submit to the SFWIB's Finance Department an initial indirect
cost rate proposal. Detailed guidelines for preparing an Indirect Cost Rate proposal are
contained in CareerSource Florida Administrative Policy Number 86. Additional information
can be found at:
http://www. floridaj obs. org/docs/default-source/2015-gui dance -
pap ers/finalindirectcostadminpolicy86_20150610.pdf?sfvrsn=2
If the Contractor has an approved Indirect Cost Rate from a federal agency or pass-thru entity, the
Contractor shall submit to the SFWIB a copy of the Indirect Cost Rate approval letter from said
agency or pass-thru entity.
2. Cost Allocation Plan: the Contractor's operating expenditures shall be cost allocated across all
applicable funding streams.
The Contractor shall submit Contractor's detailed Cost Allocation Plan (CAP) to the SFWIB in
accordance with the guidance that can be accessed through the link provided above. The CAP is a
document that specifies the allocation methods used for distributing all costs of an organization. A plan
for allocating shared costs is required to support the distribution of those costs to grant and non -grant
programs. All Respondent's costs should be included in the plan. Official accounting records must
support all costs.
The cost policy statement that is required as part of the Indirect Cost Rate proposal and the Cost
Allocation Plan may be incorporated into one document.
3. Approval of Indirect Cost Rate: The SFWIB will negotiate with the Contractor and approve the
Indirect Cost Rate. Indirect costs can only be charged to an award based on an approved indirect cost
rate. However, the approval of indirect costs by the SFWIB is not intended to identify the circumstances
or dictate the extent of federal participation in the financing of particular awards.
The SFWIB will make every effort to reach an agreement on an acceptable Indirect Cost Rate. If
agreement still cannot be reached, SFWIB will make an unilateral determination of the rate and notify
the Contractor.
The results of the Indirect Cost Rate negotiation will be formalized in a written agreement between the
SFWIB and the Contractor.
The Contractor shall maintain appropriate supporting documentation for the Contractor's cost allocation
and Indirect Cost Rate calculations in accordance with the records retention requirements set forth in
Article III, Section G, Records Retention and Article II, Section M, Audit, Inspection and Access to
Records. Failure to maintain the appropriate documentation and to follow the submitted and approved
plan may result in cost disallowances by the SFWIB..
Failure to comply with this Section may be considered a breach of this contract and can lead to
disallowance of indirect/administrative costs and/or other remedies for non-compliance as specified in
Article II, Section F - Breach of Contract: SFWIB remedies.
J. SFWIB'S COST ALLOCATION PLAN AND INDIRECT COST RATE
This Contract comprises a portion of the overall Region 23's utilization of funding. The Contractor
acknowledges that the Contractor shall be responsible for utilizing the funding provided under this Contract
and the funding allocated through the Workforce Management System (WFMS) (formerly SAMS) for
participant costs in a consistent manner during the term of this Contract so that the SFWIB is able to
maintain the SFWIB 's cost allocation plan and indirect cost rate.
Page 25 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
If the SFWIB cannot maintain the SFWIB 's cost allocation plan or indirect cost rate due to the Contractor's
inconsistent utilization of Contract funds then any over -expenditure that may be experienced by the SFWIB
shall be charged, in whole or in part, to the Contractor based upon Contractor's pro-rata share of the impact
caused by the over -expenditures.
K. PARTICIPANT COSTS
INTENTIONALLY LEFT BLANK
L. DEOBLIGATION FOR NON-PERFORMANCE
The SFWIB reserves the right, in the sole discretion of the SFWIB, to adjust the Contract award amount
through a decrease, up to and including the total amount of funds awarded to the Contractor, when and if the
SFWIB determines that the Contractor's total program costs will not be expended in accordance with the
amount of funds awarded.
M. VOLUNTARY DEOBLIGATION
The Contractor may request a decrease of the total amount of funds awarded when it has been determined by
the Contractor that funds may not be expended during the period of performance as set forth under this
Contract. The Contractor shall submit a written request to the SFWIB Executive Director which specifies the
amount and the reason for the decrease. Approval of a decrease shall be in the sole discretion of the SFWIB.
N. MONTHLY INVOICING
1. Requests for Payment. The SFWIB agrees to pay all budgeted costs incurred by the Contractor which
are allowable under SFWIB's guidelines.
To receive payment for allowable costs the Contractor shall submit an original invoice package which
shall include a Contract Invoice - Exhibit I, attached hereto and incorporated by reference as if fully
set forth herein, General Ledger, and Payroll Register.
The SFWIB must receive the invoice package not later than the seventh (7th) business day of the
month following the month in which services were provided. The Contract Invoice shall reflect only
the expenses incurred and paid by the Contractor for the month that the services were rendered.
Upon satisfactory submission, review and approval of the complete invoice package with the required
supporting documentation, the SFWIB shall make payment to the Contractor via Electronic Fund
Transfer. The Contractor shall complete an Authorization Agreement for payments via Direct
Deposits (ACH Credits).
Failure to submit original signed invoices, General Ledger, and Payroll Register in a manner deemed
correct and acceptable by the SFWIB and by the seventh (7th) business day of each month following
the month in which the services were delivered shall be considered a breach of this Contract.
The Contractor agrees to maintain originals of cancelled checks or a legal copy of the cancelled
checks, invoices, receipts, payroll registers and any evidence of indebtedness as proof of expenditures.
These documents shall be maintained by the Contractor in accordance with Article III, Section G
Records Retention and Article II, Section M, Audit, Inspection and Access to Records.
2. Processing the Request for Payment. The parties agree that the processing of a payment request by the
Contractor shall be completed within fifteen (15) business days or less after receipt of the request by
the SFWIB. Processing the payment request within fifteen (15) business days is contingent upon
complete and satisfactory submissions of the required invoice package and supporting documentation,
which have been approved by the SFWIB. It is solely the responsibility of the Contractor to maintain
Page 26 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
sufficient financial resources to meet the expenses incurred during the period between the provision of
services and payment by the SFWIB.
O. LATE INVOICING
Invoices submitted after the due date (the seventh (7th) business day of the month following the month in
which services were provided) shall automatically be charged a five percent (5%) penalty of the amount
invoiced. Invoices submitted more than five (5) business days following the due date shall automatically be
charged an additional five percent (5%) penalty of the amount invoiced.
P. TRAINING SERVICES EXPENDITURE REQUIREMENT (NOT APPLICABLE)
Q.
The Contractor agrees to expend one -hundred percent (100%) of the Workforce Innovation and Opportunity
Act (WIOA) funds allocated for authorized ITA expenditures. Authorized ITA expenditures may only
include tuition, books and fees of training vendors and other training services prescribed and authorized by
the WIOA and the SFWIB.
Failure to comply with this requirement shall constitute a breach of this Contract and may result in
deobligation of current funds or non -consideration for future funding.
EXPENDITURE OF PUBLIC FUNDS FOR FOOD, BEVERAGE AND DINING ACTIVITY
The Contractor shall comply with section 445.007(10), Florida Statutes, and with any policy promulgated in
accordance with 445.007(10) by Workforce Florida, Inc. and the SFWIB. The Contractor shall not purchase
with state or federal funds any food, beverage or dining activity. This prohibition does not affect
reimbursements for meals consistent with any SFWIB approved travel policy. State and federal funds may be
used to provide food, beverage or dining activities for workforce youth programs (those programs defined as
"youth programs" under state or federal law) provided that participants are not reimbursed in excess of the
state per diem amounts for the specific meal, or if contracted for by the SFWIB, that such expenditures for all
food and beverage per person per meal (including any associated costs such as, but not limited to, sales tax
and service) shall not exceed those amounts stated in section 112.061 (6)(b), Florida Statutes.
R. EXPENDITURE FOR TRAVEL EXPENSES
The Contractor shall comply with section 112.061 of the Florida Statutes, and with any policy promulgated
in accordance with 112.061 by Workforce Florida, Inc. and the SFWIB. The statute and related policies
contain specific guidelines with respect to authorization to incur travel expenditures, meals while on travel
status, per diem allowances, allowed transportation expenditures, lodging, expense reimbursements and the
use of travel advances. A copy of the State approved Travel Manual is available upon request and is posted
on the Florida Department of Economic Opportunity (DEO) web site at: www.floridajobs;org.
S. SALARY & BONUS LIMITATION
In compliance with Public Law 109-234, none of the funds appropriated in Public Law 109-149 or prior Acts
under the heading "Employment and Training" that are available for expenditures shall be used to pay the
salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of Executive
Level II, except as provided for under section 101 of Public Law 109-149. The incurrence of costs and
receiving reimbursement for these costs under this Contract certifies that the Contractor has read the
above special condition and is in compliance. This limitation shall not apply to vendors providing
goods and services as defined in 2 CFR Chapter II, Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards.
Executive Level II salary is $183,300 effective January 2015, as established by the Office of Personnel
Management, as set forth in the Salary Table, Rates of Pay for the Executive Schedule:
http://www. opm. gov/policy-data-oversiaht/pay-leave/salaries-wages/salary-tables/15Tables/exec/htmUEX.aspx
Page 27 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
The Contractor shall complete and submit on March 1, 2016, an Annual ETA Salary Cap Analysis -
Certification Form, as set forth in Exhibit E, Reporting Requirements, to SFWIB certifying that the
highest paid employees charged to this Contract are within the salary and bonus cap limit. The latest
Certification Form can be obtained from the SFWIB's Finance Department. Along with the Certification
Form, copies of IRS W-2 forms and supporting documentation showing that employees are within the cap
limit shall be submitted to the SFWIB. If an employee exceeds the ETA annual salary and bonus rate cap, a
check must be issued in the name of the "South Florida Workforce Investment Board" for the amount of
unallowable salary and bonus in excess of the cap limit along with supporting documentation indicating the
ETA fiinding streams affected.
T. RETURN OF FUNDS
The Contractor shall return to the SFWIB any overpayments due to unearned funds, earned funds that
exceeded actual expenditures or funds disallowed that were disbursed to the Contractor by the SFWIB and
any interest attributable to such funds pursuant to the terms and conditions of this Contract. In the event that
the Contractor or its independent auditor discovers that an overpayment has been made, the Contractor shall
repay said overpayment immediately without prior notification from the SFWIB. In the event the SFWIB
first discovers any overpayment has been made, the SFWIB 's Executive Director will notify the Contractor
by letter of such findings. Should repayment not be made forthwith, the Contractor will be charged interest
at the lawful rate of interest on the outstanding balance after the SFWIB 's notification or Contractor's
discovery.
U. UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT
REQUIREMENTS FOR FEDERAL AWARDS
The Contractor shall comply with 2 CFR Chapter II, Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards (superseded OMB Circulars A-21, A-87, A-89, A-
102, A-110, A-122, A-133 — see, 78 FR 78590-01 (Dec. 26, 2013), as supplemented by 2 CFR Part 2900
(December 19, 2014).
V. CONSTRUCTION AND RENOVATION OF FACILITIES USING FEDERAL FUNDS
The Contractor is aware that federal funds may not be used for the purchase or improvement of land, or the
purchase, construction, or permanent improvement of any building or facility. If any property has been
constructed or substantially renovated, through the unlawful use of state or federal funds, the federal
government shall be entitled to a lien against said property.
W. ADMINISTRATIVE PROVISIONS UNDER TITLE I OF THE WORKFORCE INNOVATION AND
OPPORTUNITY ACT ADMINISTRATIVE RULES, COSTS AND LIMITATIONS
The Contractor shall comply with the requirements of the Administrative Provisions under Title I of the
Workforce Innovation and Opportunity Act Administrative Rules, Costs and Limitations (20 CFR Part 683,
Subpart B).
X. UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH
INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT
ORGANIZATIONS
The Contractor shall comply with the Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit Organizations (2 CFR §215.48).
Contracts for construction or facility improvements must require the recipient to follow its own requirements
relating to bid guarantees, performance bonds, and payment bonds unless the contract or sub -contract
exceeds $100,000. Refer to the HHS rule requirements if the contract or subcontract exceeds $100,000.
END OF ARTICLE IV
Page 28 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
ARTICLE V
ASSURANCES AND CERTIFICATIONS
A. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY
ACT (HIPAA)
The Health Insurance Portability and Accountability Act of 1996 requires that covered entities have and
apply appropriate sanctions against members of their workforce who fail to comply with Privacy Policies and
Procedures of the entity or the requirements of 45 CFR § 164.530 (e) (1). Accordingly, it is the intention of
the SFWIB to seek to ensure the confidentiality and integrity of consumer or employee Protected Health
Information (PHI) as required by law, professional ethics, and accreditation or licensure requirements.
Any person or entity that performs or assists the SFWIB with a function or activity involving the use or
disclosure of Individually Identifiable Health Information (IIHI) and/or Protected Health Information (PHI)
shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the Miami -
Dade County Privacy Standards Administrative Order. HIPAA mandates privacy, security and electronic
transfer standards which include but are not limited to:
1. Use of information only for performing services required by the Contract or as required by law;
2. Use of appropriate safeguards to prevent unauthorized disclosures;
3. Reporting to the SFWIB of any unauthorized use or disclosure;
4. Assurances that any agents and subcontractors of Contractor agree to the same restrictions and
conditions that apply to the Contractor and provide reasonable assurances that IIHI/PHI will be held
confidential;
5. Making Protected Health Information (PHI) available to the customer;
6. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
7. Making PHI available to the SFWIB for an accounting of any authorized and unauthorized
disclosures; and
8. Making all internal practices, books and records related to PHI available to the SFWIB for compliance
audits.
PHI shall be maintained in its protected and confidential status regardless of the form or method of
transmission (paper records, and/or electronic transfer of data). The Contractor shall give its customers
written notice of its privacy information practices including, specifically, a description of the types of uses
and disclosures that may be made with PHI.
Customer and employee PHI shall be regarded as confidential and may not be used or disclosed except to
authorized persons for authorized purposes. Access to PHI shall only be permitted for direct customer care,
approved administrative or supervisory functions or with approval of the appropriate Contractor staff
designated as the Privacy Officer, Executive Director or Human Resource Director of the Contractor.
B. CERTIFICATION REGARDING LOBBYING - FLORIDA STATUTE
The Contractor shall comply with the provisions of Sections 11.062 and 216.347, F.S., which prohibit the
expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency.
C. BYRD ANTI -LOBBYING AMENDMENT (31 U.S.C. §1352)
Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier
certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also
disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.
Page 29 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
Such disclosures are forwarded from tier to tier up to the non-federal award. The Contractor shall provide a
completed Assurances and Certifications, Attachment 3.
D. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 and 12689)
A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions
in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority
other than Executive Order 12549. The Contractor shall provide a completed Assurances and
Certifications, Attachment 3.
E. CLEAN AIR ACT (42 U.S.C. 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL
ACT (33 U.S.C. 1251-1387), AS AMENDED
Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-
federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA). As applicable, the Contractor shall comply with the Clean Air Act
and Federal Water Pollution Control, as amended.
F. CERTIFICATION REGARDING FLORIDA CLEAN INDOOR AIR ACT
The purpose of the Florida Clean Indoor Air Act is to protect people from the health hazards of second hand
tobacco smoke and to implement the Florida Health initiative in Section 20, Article X of the State
Constitution. However, the intent of this legislation is not to inhibit, or otherwise obstruct, medical or
scientific research or smoking -cessation programs approved by the Department of Health. The Contractor
shall provide a completed Certification Regarding the Florida Clean Indoor Air Act.
G. ENVIRONMENTAL TOBACCO SMOKE
In accordance with Part, C of P.L. 103-227, the "Pro -Children Act of 1994", smoking is prohibited in any
portion of any indoor facility owned or leased or contracted by an entity and used regularly for the provision
of health, day care, education, or library services to children under the age of 18, if the services are funded by
federal programs whether directly or through state or local governments. Federal programs include grants,
cooperative agreements, loans, and loan guarantees, and contracts. The law does not apply to children's
services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions
of facilities used for inpatient drug and alcohol treatment. The Contractor shall provide a completed
Certification Regarding Environmental Tobacco Smoke.
H. CHILD LABOR LAWS
The Contractor shall comply with all applicable federal, state and local child labor laws in carrying out the
teiuis and conditions of this Contract or modifications hereto.
I. PUBLIC ENTITY CRIMES (§287.133, F.S.)
The Contractor shall comply with the Public Entity Crimes Act (§ 287.133, F.S.) and the Contractor certifies
that neither it, nor any person or affiliate of Contractor, has been convicted of a Public Entity Crime as
defined in section 287.133, Florida Statutes, nor placed on the convicted vendor list. The Contractor
understands and agrees that the Contractor is required to inform the SFWIB immediately upon any change of
circumstances regarding this status. The Contractor shall provide a completed Assurances and
Certifications, Attachment 3.
Page 30 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
J. GOVERNMENT -WIDE REQUIREMENTS FOR DRUG -FREE WORKPLACE
The Contractor shall comply with drug -free workplace requirements in Subpart B (or Subpart C, if the
recipient is an individual) of 29 CFR part 94. The Contractor shall provide a completed Assurances and
Certifications, Attachment 3.
K. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
As a condition of the award of financial assistance from the Department of Labor under Title I of the
Workforce Innovation and Opportunity Act, and the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the Contractor assures that it will comply fully with the nondiscrimination and
equal opportunity provisions of the following laws:
1. Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits
discrimination against all individuals in the United States on the basis of race, color, religion, sex
gender identity, gender expression or sex stereotyping (except as otherwise peiiuitted under title IV of
the Education Amendments of 1972), national origin, age, disability, political affiliation or belief, and
against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant
authorized to work in the United States or participation in any WIOA Title I - financially assisted
program or activity;
2. Title VI of the Civil Rights Act of 1964 (42 U.S.0 2000d et. seq.), as amended, which prohibits
discrimination against qualified individuals on the basis of race, color and national origin;
3. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), as amended, which prohibits
discrimination against qualified individuals with disabilities;
4. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et. seq.), as amended, which prohibits
discrimination on the basis of sex in educational programs;
5. The Age Discrimination Act of 1975 (42 U.S.C. 6101), as amended, which prohibits discrimination on
the basis of age;
6. Section 654 of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9849), as amended, which
prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political
affiliation or beliefs;
7. Titles I (42 U.S.C. 12111 et seq.), II (42 U.S.C. 12131 et seq.) and III (42 U.S.C. 12181 et seq.) of the
Americans with Disabilities Act of 1990, as amended, which prohibit discrimination on the basis of
disability, respectively, by: (a) private employers, state and local governments, employment agencies
and labor unions that employ 15 or more employees; (b) state and local government entities ("public
entities") and requires public entities to provide persons with disabilities an equal opportunity to
benefit from their programs, services and activities; and (3) places of public accommodations and
mandates that places of public accommodations and commercial facilities be designed, constructed,
and altered in compliance with specific accessibility standards;
8. Executive Order (EO) No. 11246, "Equal Employment Opportunity" as amended by EO No, 11375,
"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41CFR Part 60, "Office of Federal Contract Compliance Programs,
Equal Employment Opportunity, Department of Labor"; and in Department of Labor regulation 29
CFR Parts 33 and 37 as well as 45 CFR Part 80; and Part 92, if applicable;
9. Equal Employment Opportunity in Apprenticeship and Training (29 CFR Part 30); and
10. Chapter 11A of the Code of Miami -Dade County which prohibits discrimination in employment and
places of public accommodations on the basis of race, color, religion, ancestry, national origin, sex,
Page 31 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
pregnancy, age, disability, marital status, familial status, actual or perceived status as a victim of
domestic violence, dating violence and stalking, gender identity, gender expression, or sexual
orientation.
The Contractor also assures that Contractor will comply with 29 CFR Part 37 and all other regulations
implementing the laws listed above. This assurance applies to Contractor's operation of the WIOA Title I
and TANF — financially assisted program or activity and to all agreements the Contractor makes to carry out
the WIOA Title I and TANF — financially assisted program or activity. The Contractor understands the
United States has the right to seek judicial enforcement of this assurance. The Contractor shall provide a
completed Assurances and Certifications, Attachment 3.
L. EQUAL TREATMENT FOR FAITH -BASED ORGANIZATIONS
Equal Treatment For Faith Based Organizations, 45 CFR 87 prohibits any state or local government
receiving funds under any Department program, or any intermediate organization with the same duties as a
governmental entity, from discriminating for or against an organization on the basis of the organization's
religious character or affiliation.
Equal Treatment For Faith Based Organizations, 45 CFR 87 prohibits religious organizations from engaging
in inherently religious activities, such as worship, religious instruction, or proselytization, as part of the
programs or services funded with direct financial assistance.
Equal Treatment For Faith Based Organizations, 45 CFR 87 prohibits an organization that participates in
programs funded by direct financial assistance from the Department, in providing services, from
discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or
religious belief.
Any restrictions on the use of grant funds shall apply equally to religious and non -religious organizations.
M. CHARITABLE CHOICE (45 CFR § 260.34)
A state or local government in its use of Federal TANF or State Maintenance of Effort (MOE) funds shall
not, in the selection of service providers, discriminate for or against an organization that applies to provide,
or provides TANF services or benefits on the basis of the organization's religious character or affiliation. No
Federal TANF or State MOE funds provided directly to participating organizations may be expended for
inherently religious activities, such as worship, religious instruction, or proselytization.
A religious organization that receives Federal TANF or State MOE funds shall not, in providing program
services or benefits, discriminate against a TANF applicant or recipient on the basis of religion, a religious
belief, a refusal to hold a religious belief, or a refusal to actively participate in a religious practice. If an
otherwise eligible TANF applicant or recipient objects to the religious character of a TANF service provider,
the recipient is entitled to receive services from an alternative provider to which the individual has no
religious objection.
If a non -governmental intermediate organization, acting under a contract or other agreement with a state or
local government, is given the authority under the contract or agreement to select non -governmental
organizations to provide Federal TANF or MOE funded services, the intermediate organization must ensure
that there is compliance with the Charitable Choice statutory provisions and these regulations.
N. VETERANS' PRIORITY PROVISIONS
Federal grants for qualified job training programs funded, in whole or in part, by the U.S. Department of
Labor are subject to the provisions of the "Jobs for Veterans Act" (JVA), P.L. 107-288. The NA provides
priority of services to veterans and spouses of certain veterans for the receipt of employment, training, and
placement services. To obtain priority service, a person must meet the program's eligibility requirements.
20 CFR Part 1010 provides general guidance on the scope of the veteran's priority statute.
Page 32 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
O. SARBANES-OXLEY ACT OF 2002
The Contractor assures that it shall comply with the two provisions of the Sarbanes-Oxley Act (SOX) that
apply to all corporate entities, including non-profit organizations. These two provisions are as follows:
1. It is a crime to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation (SOX, Section 1102, Section 1512 of Title 18, USC).
2. It is illegal for any corporate entity to punish whistleblowers or retaliate against any employee who
reports suspected cases of fraud or abuse (SOX, Section 1107, Section 1513 of Title 18, USC).
The Contractor shall provide a completed Assurances and Certifications, Attachment 3.
P. COMPLIANCE WITH ENERGY EFFICIENCY PROVISION
Q.
The Contractor shall comply with the mandatory standards and policies relating to energy efficiency which
are contained in the State of Florida's Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act (Public Law 94-163),
COMPLIANCE WITH SECTION 6002 OF THE SOLID WASTE DISPOSAL ACT, AS AMENDED
BY THF. RESOURCE CONSERVATION AND RECOVERY ACT FOR THE PROCUREMENT OF
RECOVERED MATERIALS.
The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase
price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year
exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. The Contractor shall comply with Section 6002 of the Solid
Waste Disposal Act, as amended by the RCRA.
R. COMPLIANCE WITH THE HATCH ACT
The Contractor shall comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328),
which limit the political activities of employees whose principal employment activities are funded in whole
or in part with federal funds, if applicable. The Contractor shall provide a completed Assurances Non -
Construction Programs, Attachment 4.
S. INCORPORATION OF COMPLIANCE WITH SPECIFIC APPROPRIATION 2006 OF THE 2011
GENERAL APPROPRIATIONS ACT PROVISO AND 2011 APPROPRIATIONS IMPLEMENTING
BILL REQUIREMENTS BY REFERENCE
The requirements of "the Specific Appropriation 2006, and associated proviso, of the 2011 General
Appropriation Act, section 445.007, Florida Statutes" set forth in Attachment 1 (2012 Modifications to
Workforce Florida, Inc. Contracting Policy) attached hereto are incorporated herein by this reference and
Contractor agrees to comply with the same. The Contractor shall provide a completed Contractor
Disclosure and Certification.
T. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING
RESTRICTIONS ASSURANCE
As a condition of the Contract, Contractor assures that it will comply fully with the federal funding
restrictions pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act of 2010,
Division E, Section 511 (Pub. L. 111-117). The Continuing Appropriation Act, 2011, Section 101 and 103
(Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the
conditions provided by Pub. L. 111-117.
Page 33 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
The Contractor shall require that language of this assurance be included in the documents for all subcontracts
at all tiers (including subcontracts, sub -grants and contracts under grants, loans and cooperative agreements)
and that all sub -recipients and contractors shall provide this assurance accordingly. The Contractor shall
provide a completed Assurances and Certifications, Attachment 3.
U. SCRUTINIZED COMPANIES WITH ACTIVITIES IN SUDAN LIST OR THE SCRUTINIZED
COMPANIES WITH ACTIVITIES IN IRAN PETROLEUM ENERGY SECTOR LIST
The Contractor agrees to refrain from any of the prohibited business activities with the Governments of
Sudan and Iran as described in s.219.473, F.S. Pursuant to section s.287.135(5), F.S., the SFWIB may
immediately terminate this Contract for cause if the Contractor is found to have submitted a false
certification or if the Contractor is placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the
contract. The Contractor shall provide a completed Assurances and Certifications, Attachment 3.
V. DISCRIMINATORY VENDORS
The Contractor shall disclose to the SFWIB if the Contractor appears on the discriminatory vendor list. An
entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not:
1. Submit a bid on a contract to provide any goods or services to a public entity;
2. Submit a bid on a contract with a public entity for the construction or repair of a public building
or public work;
3. Submit bids on leases of real property to a public entity; or
4. Be awarded or perform as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity; or transact business with any public entity.
The Contractor shall provide a completed Assurances and Certifications, Attachment 3.
W. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded
by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-
3144, and 3146-3148) as supplemented by Depai tnient of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not
less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non-federal entity must place a
copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non-federal entity must report all suspected or reported violations to the federal awarding
agency. The Contractor shall provide a completed Assurances Non -Construction Programs, Attachment
4.
X. COPELAND ANTI -KICKBACK ACT
The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40
U.S.C. 3145 and 18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans
or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited
from inducing, by any means, any person employed in the construction, completion, or repair of public work,
to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must
report all suspected or reported violations to the federal awarding agency. The Contractor shall provide a
completed Assurances Non -Construction Programs, Attachment 4.
Page 34 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
Y. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 3701-3708)
Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and
3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the
worker is compensated at a rate of not less than one and a half tines the basic rate of pay for allhours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to
the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence. The Contractor shall provide a completed Assurances Non -
Construction Programs, Attachment 4.
Z. TRAFFICKING VICTIMS PROTECTION ACT OF 2000
The Contractor shall comply with the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C.
7104(g). The full text of 2 CFR 175.15, Award Term, is provided as Attachment 2.
AA. ASSURANCES — NON -CONSTRUCTION PROGRAMS
The Contractor shall provide a completed Assurances - Non -Construction Programs, Attachment 4,
BB. SEVERABILITY
In the event any portion of this Contract is determined by a court of competent jurisdiction to be invalid, the
remaining provisions shall continue to be effective unless the SFWIB elects to terminate this Contract
without cause.
CC. PRIOR AGREEMENTS
This document and its Attachments and Exhibits incorporate all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained herein and the parties
agree that there are no commitments, agreements or understandings concerning the subject matter of this
Agreement which are not contained in this document and its Attachments and Exhibits. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
END OF ARTICLE V
Page 35 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
SIGNATORY FORM
IN WITNESS NFREOF THE PARTIES HERETO HAVE CAUSED TO BE EXECUTED BELOW THE
SIGNATURES OF THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO WHO ARE
FULLY AND DULY AUTHORIZED TO EXECUTE THIS CONTRACT ON BEHALF OF THE
RESPECTIVE PARTIES HERETO:
AUTHORIZED SIGNATURES FOR:
PROGRAM ENTITLED:
CONTRACT NUMBER:
CFDA NUMBERS:
City of Miami
"Special Project: Employ Miami -Dade Program"
WS-SP-PY'15-14-00
WIOA AD: 17.258; WIOA DW: 17.278; WIOA RR: 17.278;
TANF: 93.558; FSET: 10.551/10.561; UC/REA:17.225
(These Signatures shall be the same as those names that appear in the Lis
Operational Documents on file with the South Florida WorkforcQ I,nvestni .rd)
+ a
•
(For Use Only When Contractor Is a Corporation) + +
la.
thorized Signatures Provided in the
Signature of President of� pe: resident
Date
2a. Daniel J. Alfonso
4— Phre
2b.
Typed Name of President or Vice -President
3a. City Manager 3b.
4a.
Full Title of President or Vice -President
Signature of Person Attesting
Signature that Appears on Line 1a
4b.
/tei
V
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
)n Attesting
pears on Line lb
Rick Beasley Date
Executive Director, SFWLB
Page 36 of 40
PY'15-16 Contract (Gov't)
Special Project (City of Miami)
TABLE OF CONTENTS
ARTICLE I — INTRODUCTION AND CONDITIONS PRECEDENT
A. Parties to Contract Page 1
B. Effective Term Page 1
C. Total Payment Page 2
D. Statement of Work Page 2
E. Conditions Precedent Page 2
F. Insurance Page 2
G. Certification of Conduct Page 3
H. Codes of Conduct Page 3
I. Gratuities Page 3
J. Anti -Nepotism Page 3
K. Code of Business Ethics Page 4
L. Self -Assessment (Not Applicable) Page 4
M. No Assignment Page 4
N. Applicable Laws Page 4
O. Level 2 Background Screening Requirement Page 4
ARTICLE II — GENERAL CONDITIONS
A. Adherence to the Terms and Conditions of Foimal Solicitation -(Not Applicable)- Page 7
B. Public Announcements and Advertising Page 7
C. Grievance Procedures Page 7
D. Termination Page 7
E. Breach of Contract Page 8
F. Breach of Contract: SFWIB Remedies Page 9
G. Damages Sustained Page 10
H. Licensing Page 10
I. Notices Page 10
J. Notification of Legal Action Page 10
K. Other Notifications Page 10
L. Public Records Page 10
M. Audit, Inspection and Access to Records Page 11
N. Modifications Page 11
O. Autonomy Page 11
P. Indemnification Page 12
Q. Subcontracting Page 12
R. Persons With Disabilities and Accessibility of Facilities Page 12
S. Copyright, Patents, Right to Data Page 13
T. Rights to Inventions Made Under a Contract or Agreement Page 13
U. Intellectual Property Rights Page 13
V. Employment Eligibility Verification Page 14
W. Immigration Reform and Control Act Page 14
X. Intergovernmental Personnel Act Page 14
Page 37 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
ARTICLE III — PROGRAM MANAGEMENT
A. Performance Page 15
B. Supervisory Case Review Page 15
C. Program Reports Page 15
D. Monitoring Page 15
E. File Maintenance Page 15
F. File Ownership Page 16
G. Records Retention Page 16
H. Confidentiality of Records Page 17
I. Information Security Obligations Page 17
J. Pell Grant and Other Financial Aid (Not Applicable) Page 19
K. Staffing Requirements Page 19
L. Limited English Proficiency (LEP) Page 19
M. Training of Staff Page 19
N. Abuse, Neglect, and Exploitation Incident Reporting Page 20
ARTICLE IV — FISCAL MANAGEMENT
A. Program Income Page 21
B. Internal Controls Page 21
C. Accounting Records Page 21
D. Procurement Requirements Page 21
E. Purchase of American Made Products Page 23
F. Inventory Page 23
G. Financial Closeout Page 23
H. Budget Summary Page 24
I. Contractor's Cost Allocation Plan and Indirect Cost Rate Page 24
J. SFWIB's Cost Allocation Plan and Indirect Cost Rate Page 25
K. Participant Costs (Not Applicable) Page 26
L. Deobligation for Non -Performance Page 26
M. Voluntary Deobligation Page 26
N. Monthly Invoicing Page 26
O. Late Invoicing Page 27
P. Training Services Expenditure Requirement --(Not Applicable) Page 27
Q. Expenditure of Public Funds for Food, Beverage and Dining Activity Page 27
R. Expenditure for Travel Expenses Page 27
S. Salary & Bonus Limitation Page 27
T. Return of Funds Page 28
Uniform Administrative Requirements, Cost Principles, and Audit Requirements
U. for Federal Awards Page 28
V. Construction and Renovation of Facilities Using Federal Funds Page 28
W. Administrative Provisions Under Title I of the Workforce Innovation and
Opportunity Act Administrative Rules, Costs And Limitations Page 28
Page 38 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
X. Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non -Profit
Organizations
Page 28
ARTICLE V — ASSURANCES AND CERTIFICATIONS
A. Compliance with the Health Insurance Portability and Accountability Act page 29
(HIPPA)
B. Certification Regarding Lobbying — Florida Statute Page 29
C. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352) Page 29
D. Debarment And Suspension (E.O.'S 12549 and 12689) Page 30
E. Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control page 30
Act, as Amended (33 U.S.C. § 1251 et seq.)
F. Certification Regarding Florida Clean Indoor Air Act Page 30
G. Environmental Tobacco Smoke Page 30
H. Child Labor Laws Page 30
I. Public Entity Crimes (§287.133, F.S. Page 30
J. Government -Wide Requirements for Drug -Free Workplace Page 31
K. Non -Discrimination and Equal Opportunity Page 31
L. Equal Treatment For Faith -Based Organizations Page 32
M Charitable Choice (45 CFR § 260.34) Page 32
N. Veterans' Priority Provisions Page 32
O. Sarbanes-Oxley Act of 2002 Page 33
P. Compliance with Energy Efficiency Provision Page 33
Compliance with Section 6002 of the Solid Waste Disposal Act, as
Q. amended by the RCRA Page 33
R. Compliance With The Hatch Act Page 33
S. Incorporation of Compliance with Specific Appropriation 2006 of the 2011
General Appropriations Act Proviso and 2011 Appropriations Implementing page 33
Bill Requirements by Reference
T. Association of Community Organization For Reform Now (ACORN) page 33
Funding Restrictions Assurance
U. Scrutinized Companies Page 34
V. Discriminatory Vendors Page 34
W. Davis Bacon Act, as Amended (40 U.S.C. 3141-3148) Page 34
X. Copeland Anti -Kickback Act Page 34
Y. Contract Work Hours and Safety Standards Act (40 U.S.C. §3701-3708) Page 35
Z. Trafficking Victims Protection Act of 2000 Page 35
AA. Assurances — Non -Construction Programs Page 35
BB. Severability Page 35
CC. Prior Agreements Page 35
SIGNATORY FORM Page 36
TABLE OF CONTENTS Pages 37-40
EXHIBITS:
Attachment 1— 2012 Modifications to Workforce Florida, Inc. Contracting Policy
Page 39 of 40 PY'15-16 Contract (Gov't)
Special Project (City of Miami)
Attachment 2 — Trafficking Victims Protection Act of 2000
Attachment 3 - Assurances and Certifications
Attachment 4 - Assurances — Non -Construction Programs
Attachment 5 - Confidentiality Agreement
Attachment 6 - Individual Non -Disclosure and Confidentiality Certification Form
Attachment 7 - Confidentiality Acknowledgement
Exhibit A - Statement of Work
Exhibit B - Code of Business Ethics Affidavit
Exhibit C - Self -Assessment Tool (Not Applicable)
Exhibit D - Performance Measures
Exhibit E - Reporting Requirements
Exhibit F - Definitions
Exhibit G - Financial Closeout Procedures
Exhibit 11- Budget for Program Costs
Exhibit I - Contract Invoice
Page 40 of 40 PY' 15-16 Contract (Gov't)
Special Project (City of Miami)
Attachment 1
2012 MODIFICATIONS TO
WORKFORCE FLORIDA, INC. CONTRACTING POLICY
BACKGROUND:
The following policy was established in accordance with proviso language for Specific Appropriation 2214 of
the 2010 General Appropriations Act and the 2010 Appropriations Implementation Bill and continued in
accordance with Specific Appropriation 2006 of the 2011 General Appropriations Act.
The proviso language for Specific Appropriation 2006 prohibited the use of state or federal funds by a regional
workforce board "for any contract exceeding $25,000 between a regional workforce board and a member of
that board that has any relationship with the contracting vendor, unless the contract has been reviewed by the
Agency for Workforce Innovation and Workforce Florida, Inc." The proviso language was incorporated into
and made a part of this policy.
The policy was modified in 2011 to prohibit a contract between the board and a board member or other person
or entity who may benefit financially from a contract (as defined in paragraph I(g) below), providing four
exemptions to the prohibition to allow the workforce boards to provide statutorily -mandated services.
The current modifications result from the Legislature's adoption of Chapter 2012-29, Laws of Florida,
requiring contracts under $25,000 to be reported to Workforce Florida, Inc. and requiring that contracts with
workforce board employees' relatives be approved by a 2/3 vote and go through the review and approval
process.
POLICY:
I) Definitions.
For the purposes of this policy, the following definitions apply:
a) "Board" means one of Florida's twenty-four regional workforce boards or Workforce Florida, Inc.
b) "Contract" means a written agreement funded by state or federal funds, to which a regional
workforce board or Workforce Florida, Inc. ("WFI") is one of the parties. It includes the initial
contract and all amendments, renewals or extensions. For purposes of this policy, "contract"
includes the proposed contract. This tern does not include:
i) retail purchases for which no written contract is executed; and
ii) the purchase of utility services for use by a board.
iii) staff employment contracts (other than contracts with members of the board or relatives of
board members)
iv) membership fees and sponsorships to professional organizations
c) "Entire board" means the complete membership of the board at the time a contract is submitted to
a vote. It includes the board member who has a relationship with the contracting vendor and who
therefore must abstain on the vote on the contract. Membership of the board includes non -voting
members.
d) "Quorum" means that minimum number of members of the board required to be present in order
for the board to transact business as established by the board's bylaws (or, in the absence of
bylaws, as has otherwise been established by the board.)
e) "When a quorum has been established" means the contemporaneous meeting of a sufficient
number of members to constitute a quorum, in person and/or through accepted electronic means.
f) "has any relationship with the contracting vendor" means the member is an owner or a principal
of the vendor, or a principal of the vendor has retained the member, or the parent organization or
1
Attachment 1
subsidiary of a corporate principal of the vendor has retained the member or a member's known
relative or member's business associate is an owner of the vendor. For purposes of this policy,
vendor, contractor and subrecipient are the same.
g) "benefit financially from a contract" means the special private financial gain to a member, a
special private financial gain to any principal which retains the member, the special private
financial gain of the parent organization or subsidiary of a corporate principal which retains the
member or the special private financial gain to any member's relative or business associate or to a
board employee or a board employee's relative and such benefit is not remote or speculative.
"Personally benefit financially" means a special private financial gain to a member only,
h) "Owner" means any ownership interest in a privately owned contracting entity or a majority
interest in a publicly held contracting entity.
i) "Principal of a contractor" means an owner or high level management employee with decision
making authority.
j) "Employee" means a person employed full-time by a regional workforce board working in a
managerial or supervisory capacity or who has direct contract management or direct fiscal
involvement with the contract being voted on by the board.
k) "Relative" means father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, or daughter-in-law. § 112.3143(1)(b), Fla. Stat.
1) "Utility services" include telephone, cable, electricity, water, gas, waste and sewage services and
other similar services.
m) "federal, state or other governmental workforce programs" means Incumbent Worker Training (s.
445.003(3)(a)(3), F.S.), Quick Response Training (s. 288.047, F.S.), Employed Worker Training,
On the Job Training, customized training and other One -Stop training provider services.
II) Prohibition Against A Board Contracting With Its Board Member
No workforce board (Workforce Florida, Inc. or a regional workforce board) shall enter into a contract with
one of its own board members, with an organization represented by its own board member or with any entity
where a board member has any relationship with the contracting vendor.
At a board's discretion, the following may be exempted from the above paragraph:
a) A contract with an agency (as defined in s. 112.312(2), including, but not limited to, those
statutorily required to be board members) when said agency is represented by a board member
and said member does not personally benefit financially from such contracts;
b) A contract with a board member or a vendor (when a board member has any relationship with the
contracting vendor) when the contract relates to the member's appointment to the board under
Pub. L, No, 105-220, ("Workforce Investment Act") Title I, s. 117(b)(2)(A)(vi) ["representatives
of the one -stop partners].
c) A contract with a member receiving a grant for workforce services under federal, state or other
governmental workforce programs.
d) A contract between a board and a board member which is not exempted under paragraphs II(a),
II(b) or II(c) where the board documents exceptional circumstances and/or need and the board
member does not personally benefit financially from the contract. Based upon criteria developed
by WFI, DEO shall review the board's documentation and assure compliance.
Each contract which is exempted from the general prohibition in paragraph II must meet the requirements set
forth in paragraph III below, including, but not limited to, the requirements of the Workforce Investment Act
of 1998 "conflict of interest" provisions. However, since the proviso language for Specific Appropriation
2006 requires WFI to perform the review and approval process pertaining to regional workforce board
2
Attachment 1
contracts, WFI contracts shall not be subject those provisions of this policy pertaining to review and approval
processes.
III) Requirements of Section 445.007.
A board must comply with all requirements of section 445.007 prior to contracting with a board member or
other person or entity who could benefit financially from a contract (as defined in paragraph I(g) above). These
requirements are:
a) All contracts between the board and a board member or other person or entity who may benefit
financially from a contract (as defined in paragraph I(g) above) must be approved by a two-thirds
vote of the board when a quorum has been established and the approval of such contracts shall not
be delegated to staff or committees.
b) The fact that a board member or other person or entity could benefit financially from the contract
(as defined in paragraph I(g) above) must be disclosed in the meeting, and made part of the
minutes of the meeting before the vote is taken. The board member's absence from the meeting
does not relieve the board from the disclosure and 2/3 vote requirements. All other known
conflicts must be disclosed before the vote. If a board member or employee discovers a conflict
of interest after the vote, then the conflict must be disclosed in a procedure consistent with s.
112.3143(4)(b). Board members who could benefit financially from the contract or who have any
relationship with the contracting vendor (as defined in paragraph I(f) above) must abstain from
voting on the contract. A board member's designee cannot vote in the place of a board member
who is required to abstain.
c) Board contracts equal to or greater than $25,000 shall not be executed prior to the written
approval of WFI.
d) The board must submit all contracts equal to or greater than $25,000 with board members or other
persons or entities who could benefit financially from the contract to the Department of Economic
Opportunity ("DEO") along_with documentation, as specified by this policy, demonstrating
compliance with section 445,007.
e) A contract under $25,000 between a regional workforce board and a member of that board or
between a relative of a board member or of an employee of the board is not required to have the
prior approval of Workforce Florida, Inc. but must be approved by a two-thirds vote of the board,
a quorum having been established, after full disclosure with the member's abstention and must be
reported to DEO and WFI within 30 days after approval.
f) Contracts with a board member or other persons or entities who could benefit financially from the
contract (as defined in paragraph I(g) above) in which the board is receiving monies or other
compensation (such as a board member paying rent to the board or paying for board services) are
exempt from this policy.
g) The term "contract" includes the initial contract and all amendments, renewals, or extensions.
Renewals or extensions of contracts with a board member or persons or entities who could benefit
financially from the contract must be approved under the same procedure as if the renewal or
extension were an original contract. Any amendments to a contract which could benefit
financially a board member or another person or entity (as defined in paragraph I(g) above) must
be approved under the same procedure as if the amendment were an original contract. Any
amendments which do not benefit financially a board member or other person or entity (as defined
in paragraph I(g) above) may be approved by a regular majority vote where there is a quorum
according to board rules and/or bylaws.
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Attachment 1
h) All other requirements of section 445.007(1) must be met. For example, a board member must
continue to disclose any conflict of interest in a manner that is consistent with the procedures
outlined in s. 112.3143.
i) In order to comply with the requirements of section 445.007, a board's policy shall advise and
require board employees to disclose known conflicts of interest and notify the board of any
contracts which may benefit them personally or their relatives. In order to comply with the
requirements of section 445.007, a board's policy shall advise and require all parties to a contract
to disclose all known conflicts of interest and notify the board of all board members or other
persons or entities known to benefit financially from the contract (as defined in paragraph I(g)
above).
j) A contract which is initially subject to the requirements of s. 445.007 due to a board member's, an
employee's, an employee's relative's or another person's or an entity's conflicts of interest at the
time of approving the contract is not subject to these procedures after the departure of the member
from the board membership, the departure of the employee from the board's employ or other
actions has removed the conflicts of interest.
k) The above requirements do not eliminate or diminish the board's obligations to comply with
Section 117(g) of the Workforce Investment Act of 1998 (Public Law 105-220) ("WIA")
"Conflict of Interest" procedures.
IV) Review criteria,
Contracts equal to or greater than $25,000 with a board member or other person or entity who could benefit
financially from the contract (as defined in paragraph I(g) above) must be reviewed by DEO to ensure that
these requirements have been met:
a) The contract met one or more of the exemptions to the prohibition under Paragraph II
b) The board approved the contract with a two-thirds vote of the board when a quorum has been
established;
c) Board members who could benefit financially from the contract or board members who have any
relationship with the contracting vendor disclosed any such conflicts prior to the board vote on the
contract; and
d) Board members who could benefit financially from the contract or board members who have any
relationship with the contracting vendor abstained from voting.
V) Required Documentation.
For each contract equal to or greater than $25,000, the board must electronically submit after the board's
approval of the contract a completed contract information form certified by the board chair as correct and true
to workforcecontract.review(ad.eo.myflorida.com containing the following information:
a) Identification of all parties to the contract.
b) Description of goods and services to be procured.
c) Value of the contract, contract renewal or contract extension.
d) Contract term
e) Contract number or identifying information, if any
f) Identification of board member or employee whose conflict of interest required the board's
approval of the contract by 2/3 vote.
g) The nature of the conflict of interest in the contract.
4
Attachment 1
h) A certified board membership roster listing all members on the board at the time of the vote on
the approval of the contract with a vote tally indicating attendance or absence at the meeting and
for those in attendance, the affirmative and negative votes and abstentions for each member,
i) Dated and executed conflict of interest forms, which are consistent with the procedures outlined in
s. 112.3143, submitted at or before the board meeting, for board members who have any
relationship with the contracting vendor (as defined in paragraph I(f) above)
j) Other information as specified on the contract information form.
DEO and WFI will review this documentation to ensure compliance with the statutory requirements listed in
paragraph III above. Failure to timely provide all required documentation or failure to complete the form shall
result in immediate disapproval of the contract and require resubmission of documentation and fount. DEO
will electronically submit in writing to WFI within five (5) business days of receiving all of the required
documentation its recommendation whether the statutory requirements were met. WFI will then electronically
transmit in writing within three (3) business days after receipt of the DEO's written recommendation its
approval or disapproval . The board may not execute the contract until WFI approves the contract.
VI) Request for Review When Contract Approval Is Denied.
A party to the contract may request a review of WFI's disapproval of a contract. Strict compliance with the
following procedures is required.
k) The regpest for review must be in writing, must state specific grounds for review, and must
provide all information required for review of the stated grounds. Failure to state specific grounds
may be cause for denial of the request without further review.
I) The request for review must be received by WFI not later than ten (10) calendar days from the
date of WFI's denial and may be submitted electronically to [identify name of electronic mailbox]
or by any other means of delivery, i.e. mail service, hand delivery or facsimile. Any request for
review that is not received by WFI within this timeframe will be rejected without further
consideration.
m) Within seven (7) calendar days of receipt, the WFI President or designee will issue a final
decision on the request for review. The Chair of Workforce Florida or its Board of Directors may
direct the President to present such reviews to the Executive Committee. No review under this
policy will be presented to the WFI Board of Directors unless, at the discretion of the Chair, such
full board review is deemed to be necessary.
VII) Effective Dates of Policv
a) These modifications shall be in effect upon WFI's adoption at its May 24, 2012 Board of
Directors meeting.
5
CONTRACT INFORMATION FORM
Attachment 1
This form is to seek approval of a contract valued at $25,000 or more involving a conflict of interest of
board members or employees. All requested information is required. Failure to provide complete
information may result in disapproval of the contract.
I , hereby certify the following information regarding a contract that
came before the (Regional Workforce Board).
a. Identification of all parties to the contract:
b. Description of goods and services to be procured:
c. Value of the contract/renewal/extension:
d. Contract term:
e. Contract number or other identifying information, if any:
f. Identification of board member or employee whose conflict of interest required the board's approval of
the contract by 2/3 vote.
g. The nature of the conflicting interest in the contract:
h. The board member with the conflict of interest was/was not present when the board voted to approve
the contract.
i. A certified board membership roster listing all members on the board at the time of the vote on the
approval of the contract with a vote tally indicating attendance or absence at the meeting and for those in
attendance, the affirmative and negative votes and abstentions for each member.
j. Dated and executed conflict of interest forms, which are consistent with the procedures outlined in s.
112.3143, submitted at or before the board meeting, for board members who have any relationship with
the contracting vendor (as defined in paragraph I(f) of the Workforce Florida, Inc. contracting policy.)
I certify that the infoiniation above is true and correct.
Date filed Signature of Board Chair*
or designee of the Board
* Must be certified and attested to by the Board Chair or designee of the Board.
6
Attachment 1
DISCLOSURE OF BOARD MEMBER'S OR EMPLOYEE'S
CONFLICT OF INTEREST IN THE CONTRACT
I, , am a board member / an employee of the board (circle one). I
hereby disclose that:
I could benefit financially from the following contract (provide name of parties to contract and
description of the contract):
I could benefit financially from the contract in the following manner:
"Benefit financially from a contract" means the special private financial gain to a member, a special
private financial gain to any principal which retains the member, the special private financial gain of the
parent organization or subsidiary of a corporate principal which retains the member or the special private
financial gain to any member's relative or business associate or to a board employee and such benefit is
not remote or speculative.
Date filed Signature of Board Member/Employee
NOTICE: CONFLICTS OF INTEREST REGARDING BOARD MEMBERS AND BOARD EMPLOYEES
MUST BE DISCLOSED PRIOR TO THE BOARD'S VOTING TO APPROVE THE CONTRACT; BOARD
MEMBERS WHO BENEFIT FINANCIALLY OR WHO HAVE A RELATIONSHIP WITH THE
CONTRACTING VENDOR MUST ABSTAIN FROM THE VOTE, AND THE CONTRACT MUST BE
APPROVED BY A 2/3 VOTE OF THE BOARD WHEN A QUORUM HAS BEEN ESTABLISHED.
COMPLETION OF THIS FORM DOES NOT IN ANY WAY SUPERCEDE OR SUBSTITUTE FOR
COMPLIANCE WITH CONFLICT OF INTEREST DISCLOSURE REQUIREMENTS OF SECTION
112.3143, FLA. STAT. OR SECTION 117(g), WIA.
7
Attachment 1
CONTRACTOR DISCLOSURE AND CERTIFICATION
For purposes of the contract between
Board) and (contractor), the followir.
The principals* and owners** of the contracting entity:
have no relative who is a member of the board;
have a relative who is a member of the board, whose nan
There is / is not (circle one) a principal or owner who is a memb€
the principal's or owner's name is
There is / is not (circle one) a principal or owner who is an emplc
the principal's or owner's name is
(Regional Workforce
* "Principal" means an owner or high level management employe YV 1411 IAV VLJl 11 111 At1111&
authority,
**"Owner" means a person having any ownership interest in the contractor,
T hereby certify that the information above is true and correct.
Date filed Signature of Authorized Representative
Printed Name
Title
8
Attachment 2
Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104(g))
2 CFR § 175.15, Award Term
I. Trafficking in persons.
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, sub -recipients under this award, and sub -recipients'
employees may not --
Engage in severe forms of trafficking in persons during the period of time that the
award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect;
or
iii. Use forced labor in the performance of the award or sub -awards under the award.
2. The Department of Labor, Federal awarding agency, may unilaterally terminate this award,
without penalty, if you or a sub -recipient that is a private entity—
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
H. Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph a.1 of this award term through
conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the sub -recipient using the standards and due process for
imputing the conduct of an individual to an organization that are provided
in 2 CFR part 180, "OMB Guidelines to Agencies on Government -wide
Debarment and Suspension (Non -procurement)," as implemented by our
agency at 2 CFR part 376.
b. Provisions applicable to a recipient other than a private entity. The Department of Labor may
unilaterally terminate this award, without penalty, if a sub -recipient that is a private entity--
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term;
or
2. Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph a.1 of this award term through
conduct that is either--
i. Associated with performance under this award; or
i. Imputed to the sub -recipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Government -wide Debarment and Suspension
(Non -procurement)," as implemented by our agency at 2 CFR part 376.
Page 1 of 2
Attachment 2
c. Provisions applicable to any recipient.
1. You must inform the Department of Labor immediately of any information you receive
from any source alleging a violation of a prohibition in paragraph a.1 of this award teem.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
r. Implements section 106(g) of the Trafficking Victims Protection Act of 2000
(TVPA), as amended (22 U.S.C. § 7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to the
Department of Labor under this award.
3. You must include the requirements of paragraph a.1 of this award tenu in any sub -award
you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
I. An individual employed by you or a sub -recipient who is engaged in the
perfoinuance of the project or program under this award; or
ii. Another person engaged in the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
individual whose services are contributed by a third party as an in -kind
contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services, through
the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude,
peonage, debt bondage, or slavery.
3. "Private entity":
i. Means any entity other than a State, local government, Indian tribe, or foreign
public entity, as those terms are defined in 2 CFR § 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher
education, hospital, or tribal organization other than on included in the
definition of Indian tribe at 2 CFR § 175,25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102).
Page 2of2
Attachment 3
ASSURANCES AND CERTIFICATIONS
The South Florida Workforce Investment Board (SFWIB) will not award funds where the Contractor has failed to accept the
ASSURANCES AND CERTIFICATIONS contained in this section, In performing its responsibilities under this agreement, the
Contractor hereby certifies and assures that it will fully comply with the following:
A. Certification Regarding Debarment, Suspension and Other Responsibility Matters (29 CFR Part 98)
B. Certification Regarding Lobbying (29 CFR Part 93)
C. Certification Regarding Drug -Free Workplace Requirements (29 CFR Part 94)
D. Non-discrimination and Equal Opportunity Assurances (29 CFR Part 37)
E. Certification Regarding Public Entity Crimes, section 287.133 F.S.
F. Sarbanes-Oxley Act of 2002
G. Association of Community Organizations for Reform Now (ACORN) Funding Restrictions Assurance (Pub. L. 111-117)
H. Scrutinized Companies Lists Certification, section 287,135. F.S,
I, Discriminatory Vendors Lists
By signing the agreement, the Contractor is providing the above assurances and certifications as detailed below:
A. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —
PRIMARY COVERED TRANSACTION
As required by the regulation implementing Executive Orders No, 12549 and 12689, Debarment and Suspension, 29 CFR 98, the
Contractor certifies to the best of the Contractor's knowledge and belief, to the following:
The Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
covered transactions by any federal department, agency or subcontractor;
2. The Contractor has not, within a three-year period preceding this application/proposal/contract, been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing apublic (federal, state, or local) transaction or Agreement under a public transaction; violation of federal
or staitantitrust statutes or cornmission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
3. The Contractor is not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or
local)with commission of any of the offenses enumerated in paragraph B,2 of this certification; and
4. The Contractor has not, within three-year period preceding this application/proposal/contract, had one or more public
transadons (federal, state, or local) terminated for cause or default.
The Contractoshal I comply with the language of the certification with regards to the Contractor's subcontractors. The Contractor
shall ensure ardrequire the same certification from its subcontractor(s), which shall be forwarded to the SFWIB along with the
request to subctatractas required by this solicitation/Contract.
Where the Contactor is unable to ce tify to any of the statements in this certification, the Contractor shall submit an explanation to the
SFWIB attachedto this form.
Attachment 3
B. CERTIFICATION REGARDING LOBBYING
The Contractor certifies, to the best of the Contractor's knowledge and belief, that:
2,
No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of a Contractor, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making
of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The Contractor shall require that the language of this certification be included in the award documents for "all" sub -awards at
all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose the same accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or entering into this transaction imposed by the Byrd Anti -Lobbying
Amendment Section 1352, Title 31, U.S, Code, Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure,
C. CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS
The Contractor assures and guarantees that the Contractor shall comply with the federal Drug Free Workplace Act of 1988, its
implementing regulations codified at 29 CFR 94, subpart F, and the Drug -Free Workplace Rules established by the Florida
Worker's Compensation Commission.
D. NON-DISCRIMINATION AND EQUAL OPPORTUNITY ASSURANCES
As a condition of the award of financial assistance from the Department of Labor under Title I of the Workforce Innovation and
Opportunity Act, and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the Contractor assures that
it will comply fully with the nondiscrimination and equal opportunity provisions of the following laws:
1, Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all
individuals in the United States on the basis of race, color, religion, sex gender identity, gender expression or sex
stereotyping (except as otherwise permitted under title IV of the Education Amendments of 1972), national origin, age,
disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully
admitted immigrant authorized to work in the United States or participation in any WIOA Title I - financially assisted
program or activity;
2. Title VI of the Civil Rights Act of 1964 (42 U.S,C 2000d et, seq.), as amended, which prohibits discrimination against
qualified individuals on the basis of race, color and national origin;
3. Section 504 of the Rehabilitation Act of 1973 (29 U,S.C. 794), as amended, which prohibits discrimination against
qualified individuals with disabilities;
4. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et, seq.), as amended, which prohibits discrimination on
the basis of sex in educational programs;
5, The Age Discrimination Act of 1975 (42 U.S.C. 6101), as amended, which prohibits discrimination on the basis of age;
6, Section 654 of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9849), as amended, which prohibits
discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs;
7. Titles I (42 U.S.C, 12111 et seq.), II (42 U.S.C. 12131 et seq.) and III (42 U.S.C, 12181 et seq.) of the Americans with
Disabilities Act of 1990, as amended, which prohibit discrimination on the basis of disability, respectively, by: (a) private
employers, state and local governments, employment agencies and labor unions that employ 15 or more employees; (b)
state and local government entities ("public entities") and requires public entities to provide persons with disabilities an
equal opportunity to benefit from their programs, services and activities; and (3) places of public accommodations and
Page 2 of 4 PY' 15-16 (Workforce Services)
Attachment 3
mandates that places of public accommodations and commercial facilities be designed, constructed, and altered in
compliance with specific accessibility standards;
8. Executive Order (EO) No. 11246, "Equal Employment Opportunity" as amended by EO No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR Part
60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor"; and in
Department of Labor regulation 29 CFR Parts 33 and 37 as well as 45 CFR Part 80; and Part 92, if applicable;
9. Equal Employment Opportunity in Apprenticeship and Training (29 CFR Part 30); and
10. Chapter 11A of the Code of Miami -Dade County which prohibits discrimination in employment and places of public
accommodations on the basis of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, marital
status, familial status, actual or perceived status as a victim of domestic violence, dating violence and stalking, gender
identity, gender expression, or sexual orientation.
The Contractor also assures that the Contractor will comply with 29 CFR Part 37 and all other regulations implementing the laws
listed above. This assurance applies to the Contractor's operation of the WIOA Title I and TANF — financially assisted program
or activity and to all agreements the Contractor makes to carry out the WIOA Title I and TANF — financially assisted program or
activity. The Contractor understands the United States has the right to seek judicial enforcement of this assurance.
E. CERTIFICATION REGARDING PUBLIC ENTITY CRIMES, SECTION 287.133 F.S
The Contractor hereby certifies that neither the Contractor, nor any person or affiliate of the Contractor, has been convicted of a
Public Entity Crime as defined in section 287.133 F.S., nor placed on the convicted vendor list.
The Contractor understands and agrees that the Contractor is required to inform the SFWIB immediately upon any change in
circumstances regarding this status,
F. SARBANES-OXLEY ACT OF 2002
It is the policy of the SFWIB to comply with the requirements of the Sarbanes-Oxley Act of 2002, Sections 1102 and 1107, set
forth by the Act, the United States Code Title 18, Sections 1512 and 1513, as amended, and the requirements of the Workforce
Board. By signing below, the Contractor assures that the Contractor will comply with the Sarbanes-Oxley Act provisions as set
forth below:
Provisions of the Act - Title X1 — Corporate Fraud Accountability
Section 1102 — Tampering with a record or otherwise impending an official proceeding — "Whoever corruptly: 1) alters,
destroys, mutilates, or conceals a record, document or other object, or attempts to do so, with the intent to impair the object's
integrity or availability for use in an official proceeding 2) otherwise obstructs, influences, or impedes any official proceeding, or
attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both".
Section 1107 — Retaliation against Informants — "Whoever knowingly, with the intent to retaliate, takes any action harmful to
any person, including interference with the lawful employment or livelihood of any person, for providing to a law enforcement
officer any truthful information relating to the commission or possible commission of any federal offense, shall be fined under
this title or imprisoned not more than 10 years, or both".
G. ASSOCIATION OF COMMUNITY ORGANIZATIONS FOR REFORM NOW (ACORN) FUNDING RESTRICTIONS
ASSURANCE (Pub. L. 111-117)
As a condition of a contract, the Contractor assures that the Contractor will comply fully with the federal funding restrictions
pertaining to ACORN and its subsidiaries per the Consolidated Appropriations Act, 2010, Division E, Section 511 (Pub. L. 111-
117). The Continuing Appropriation Act, 2011, Section 101 and 103 (Pub. L. 111-242), provides that appropriations made under
Pub. L. 111-117 are available under the conditions provided by Pub. L. 111-117.
H. SCRUTINIZED COMPANIES LISTS CERTIFICATION, SECTION 287.135. F.S.
Section 287.135, Florida Statutes, prohibits agencies from contracting with companies, for goods or services over $1,000,000,
that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the
Iran Petroleum Energy Sector List. Both lists are created pursuant to section 215.473, Florida Statutes.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified in the section entitled
"Contractor Name" is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List. I understand that pursuant to section 287.135, Florida Statutes, the
submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs.
Page 3 of 4 PY' 15-16 (Workforce Services)
Attachment 3
I. DISCRIMINATORY VENDOR LIST
The Contractor shall disclose to the SFWIB if the Contractor appears on the discriminatory vendor list. An entity or affiliate
placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not:
(a) Submit a bid on a contract to provide any goods or services to a public entity;
(b) Submit a bid on a contract with a public entity for the construction or repair of a public building or public work;
(c) Submit bids on leases of real property to a public entity; or
(d) Be awarded or perform as a contractor, supplier, sub -contractor, or consultant under a contract with any public
entity; or transact business with any public entity.
BY SIGNING BELOW, THE CONTRACTOR CERTIFIES AND ASSURES THAT THE CONTRACTOR WILL FULLY
COMPLY WITH THE APPLICABLE ASSURANCE OUTLINED IN PARTS A THROUGH I, ABOVE.
Contractor Name
*Name and Title of Authorized Representative
Signature of Authorized Representative
Date
*The signatory should be fully and duly authorized to execute agreements on behalf of the Contractor named above.
Page 4 of 4 PY' 15-16 (Workforce Services)
Attachment 4
OMB Approval No. 0348-0040
ASSURANCES - NON -CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET.
SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such
is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for Federal assistance
and the institutional, managerial and financial capability
(including funds sufficient to pay the non -Federal share
of protect cost) to ensure proper planning, management
and completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller General
of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable
time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of
1970 (42 U.S.C, §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F,R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§1681-
1683, and 1685-1686), which prohibits discrimination on
the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d)
the Age Discrimination Act of 1975, as amended (42
U.S.C. §§6101-6107), which prohibits discrimination
on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee
3), as amended, relating to confidentiality of alcohol
and drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being
made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally -assisted programs. These requirements apply
to all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose
principal employment activities are funded in whole or
in part with Federal funds.
Previous Edition Usable Standard Form 424B (Rev. 7-97)
Authorized for Local Reproduction Prescribed by OMB Circular A-102
9. Will comply, as applicable, with the provisions of the Davis -
Bacon Act (40 U.S,C. §§276a to 276a-7), the Copeland Act
(40 U.S,C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U,S,C, §§327-
333), regarding labor standards for federally -assisted
construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11 Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National
Environmental. Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating
facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in
floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U,S.C. §§1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans
under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L, 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L, 93-
205).
12. Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance
with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U,S.C. §470), EO 11593
(identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of
human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of
1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of
warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead -based paint in construction or
rehabilitation of residence structures.
17. Will cause to be performed the required financial and
compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No, A-133,
"Audits of States, Local Governments, and Non -Profit
Organizations."
18. Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations, and policies
governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
APPLICANT ORGANIZATION
DATE SUBMITTED
Standard Form 424B (Rev. 7-97) Back
Attachment 5
CONFIDENTIALITY AGREEMENT
Department of Economic Opportunity (DEO) policy concerning safeguarding confidential information
obtained from applicants, participants, employers and other sources is based on legislative direction and
federal and state statutes and rules. These confidential records may include, but not limited to, personal
identifying information of program applicants, recipients, or participants such as names, social security
numbers, payroll information, employer information and resource and referral information, which are
private and confidential under federal and state laws and rules, including 20 Code of Federal Regulations
(CRF) 603.9, 45 CRF 205.50, 7 CFR 272.1c, sections 414.295 and 443.1715(1) Florida Statutes (F.S.),
and rule 73B-1, Florida Administrative Code (FAC).
Disclosure of this information, including information received electronically, by phone calls or other
communication is protected by law, The Contractor shall not disclose or allow access to this information
unless such action is required and necessary for the perfounance of official duties pursuant to any contract
or agreement awarded to the Contractor by South Florida Workforce Investment Board (SFWIB).
In compliance with the requirements of 20 CFR 603.9(b)(v)(A), the Contractor agrees to instruct all
personnel having access to any disclosed information about the confidentiality requirements of the
infotivation, the requirements of 20 CFR 603.9(b), 45 CFR 205.50, 7 CFR 272,1 c, sections 414.295 and
443.1715(1), F.S., the potential criminal charges individuals could face if convicted for the willful
unauthorized use or disclosure of the information specified in sections 775.082 or 775,083, F.S.; agrees to
store and process this infotriration in such a way that unauthorized persons cannot view or obtain the
information by any means; and agrees to dispose any confidential infounation obtained, and any copies
thereof made by the Contractor or its employees or agents after the purpose for which the infotirration is
disclosed is served in accordance with the provisions of 20 CFR 603.9(b)(vi).
By signing this agreement, the Contractor agrees to abide by DEO, state and federal statutes, policies
and rules described above, and SFWIB policies and procedures, and that the Contractor and any of its
employees or agents will not release or disclose any confidential information while providing services for
SFWIB.
Confidential Information Certificate
I have reviewed the foregoing and my signature below indicates I understand the requirements described
above and accept responsibility for complying with it.
Company Name (type or print)
Authorized Representative signature Date
Attachment 6
Individual Non -Disclosure and Confidentiality Certification Form
I understand that I will or may be exposed to certain confidential information, including but not
limited to, personal identifying information of individuals who receive public assistance,
employment and unemployment insurance records maintained by the Department of Economic
Opportunity (Department or DEO) made available to my employer, for the limited purpose of
perfouiting its official public duties pursuant to a Contract for Services and Non -Disclosure and
Confidentiality Certification agreement.
These confidential records may include the name (or other personally identifiable information),
social security numbers, wage, unemployment and employment data and public assistance
information which are protected under federal and state Iaw. Such information is confidential and
may not be disclosed to others. In order to perform my public duties associated with the program
requirements set forth under contract or agreement, I understand that I may be granted access to
confidential data managed and controlled by entities that are not party to this agreement. Prior to
receiving access to such systems, I acknowledge and agree to abide by the following standards:
1. I will comply with all security requirements imposed as a condition of use for any
system(s) to which I may be granted access.
2. I will use access to the systems only for purposes authorized by Iaw to secure information
to conduct official program business consistent with my official public duties.
3, I will not disclose my user identification, password, or other information needed to access
the systems to any party nor shall I give any other individual access to information
secured,
4. If I become aware that any unauthorized individual has or may have obtained access to
my user identification, password, or other infoiniation needed to access systems to which
I have been granted access, I will immediately notify the South Florida Workforce
Investment Board's (SFWIB) Security Officer.
S. I will store any disclosed confidential infotination in a place physically secure from
access by unauthorized persons.
6. I will store and process disclosed infouniation maintained in electronic foiinat, such as
magnetic tapes or discs, in such a way that unauthorized persons cannot obtain the
information by any means.
7. . I will undertake precautions to ensure that only authorized personnel are given access to
disclosed information stored in computer systems.
8. I will not share with anyone any other information regarding access to the systems unless
I am specifically authorized by the SFWIB,
9. I will not access or request access to any social security numbers, personal information,
wage, employer, unemployment or employment data unless such access is necessary for
the perforivance of my official duties.
Attachment 6
10. I will not disclose any individual data to any parties who are not authorized to receive
such data except in the form of reports containing only aggregate statistical information
compiled in such a manner that it cannot be used to identify the individuals) or
employers involved.
11. I will retain the confidential data only for that period of time necessary to perform my
public duties, Thereafter, I will either arrange for the retention of such information
consistent with federal or state record retention requirements or destroy such data, and
any copies made, after the purpose for which the information is disclosed is served in
such a way to prevent the information from being reconstructed, copied, or used by any
means.
12. I certify or affirm I have received training on the confidential nature of the data to which
I am being granted access to, the safeguards required for access privileges, and the
penalties involved for any violations or have received written standards and instructions
in the handling of confidential data from my employer, the Department or SFWIB, I will
comply with all confidentiality safeguards contained in such training, written standards,
or instructions, including but not limited to, the following: a) protecting the
confidentiality of my user identification and password; b) securing computer equipment,
disks, and offices in which confidential data may be kept; and c) following procedures for
the timely destruction or deletion of confidential data.
13. I understand that if I violate any of the confidentiality provisions set forth in the written
standards, training, and/or instructions I have received, my user privileges may be
immediately suspended or terminated. I also understand that applicable state and/or
federal law may provide that any individual who discloses confidential infocivation in
violation of any provision of that section may be subject to criminal prosecution and if
found guilty could be fined, be subject to imprisonment and dismissal from employment.
I have been instructed that if I should violate the provisions of the law, I may receive one
or more of these penalties.
Should I have any questions concerning the handling or disclosure of confidential information, I
shall immediately ask my supervisor or SFWIB security officer for guidance and comply with
their instructions.
Employee Signature: Date:
Print Employee Name:
Address:
Work Telephone:
E-Mail:
2
Attachment 7
CONFIDENTIALITY ACKNOWLEDGEMENT
As a representative of (Contractor's Name) providing services to the South Florida
Workforce Investment Board (SFWIB) under contract number for the purpose of
provision of Workforce Services, I understand that I may have access confidential Reemployment Assistance (RA) information
in meeting contractual obligations. By signing this form, I acknowledge that I will adhere to the State of Florida's RA
confidentiality provisions specified in section 443.1715, Florida Statutes (F.S.) and 20 Code of Federal Regulations (CFR) Part
603.9, I understand that any individual that receives confidential Florida RA infounation who violates the provisions of the
Florida statutes stated above commits a misdemeanor of the second degree, punishable as provided in sections 775.082 or
775.083, F.S.
In complying with these provisions, I further acknowledge the following:
1. I have been instructed on the confidentiality of the Florida RA information for which I may be exposed and the
confidentiality requirements specified in section 443.1715, F.S.
2. I acknowledge, understand, or affirm I shall only use confidential RA information gathered, used, or seen for the limited
purposes specified in the statement of work of contract: or as otherwise authorized by
law in order to perform my official duties required by the contract and shall not use such information for any other
purpose.
3. I acknowledge, understand, or affirm that confidential RA information may only be disclosed in accordance with the
provisions of section 443.1715, F.S.
4. I acknowledge, understand, or affiuun that confidential RA information shall be stored in a place physically secure from
access by unauthorized persons.
5. I acknowledge, understand, or affiiin that confidential RA information in electronic format, such as magnetic tapes or discs
should be stored and processed in such a way that unauthorized persons cannot retrieve the information by means of
computers, remote terminals or other means.
6. I acknowledge, understand, or affirm that I must take precautions to ensure that only authorized personnel are given access
to confidential RA infoiniation.
7. I acknowledge and understand that making a false representation in order to obtain a social security number in violation of
section 119.0721, Florida Statutes, commits a felony of the third degree, punishable as provided in section 775.082 or
section 775.083, Florida Statutes.
I hereby certify that I have read and understand this acknowledgment and I have received any necessary clarification from my
supervisor. I also understand that any violation of these laws or requirements may result in disciplinary action(s) by my
supervisor and/or criminal prosecution.
Signature Date
Printed Name of Representative Printed Name of Company
Exhibit A
I. INTRODUCTION
The Contractor does hereby agree to provide recruitment, intake, WIOA eligibility, training enrollment,
and placement of participants for the Employ Miami -Dade Frogram services as described herein in
compliance with the conditions herein stated for the effective period of August 20, 2015 through June
30, 2016. The Contractor shall provide Employ Miami -Dade participants in the SFW113 designated targeted
areas access to workforce services that increase the employment, retention, and earnings of the targeted
population and meet the workforce preparation needs of the region through a menu of services that may
be accessed through the Employ Miami -Dade Program Services with dual enrollment strategies to optimize
service delivery.
A. The Contractor shall provide workforce services to the targeted populations in the designated areas by
SFWLB, but not be limited to, job placement, job creation, job retention, self-sufficiency
determination, career management, and follow-up to employers and jobseekers to ensure long-term
success through self-sufficiency while achieving the contracted performance outcomes.
B. The Contractor shall manage all CareerSource center staff in accordance with Article IX of this
Statement of Work.
C. The Contractor is solely responsible for determining eligibility for services under this Contract as set
forth in this Statement of Work, applicable federal and state laws, and SFWIB's Policies and
Procedures. Services rendered to ineligible individuals are subject to disallowance as set forth in Article
IV, Section T of this Contract.
II. EMPLOY MIAMI-DADE WORKFORCE SERVICES
A. Jobseeker Services
Intake and Eligibility of Services shall be conducted before receipt of Basic, Individualized, and
Follow-up services. Each of these services shall be made available to eligible jobseekers. The
contractors shall provide these jobseeker services following the Talent Development Flow Process
(set forth in Attachment 1) as follows:
1. Intake — Intake is the collection of required documentation from jobseekers. The intake process
includes:
a. General orientation: The general orientation provides the jobseeker with information
pertaining to the services that are provided at the centers,
b. Initial application: The initial application is where basic demographic and background
information is collected. It also identifies employment barriers and specifies skill levels and
skill gaps in specific areas, The initial application is accessible to the jobseeker through the
kiosk.
c. Full EFM registration: Full EFM registration requires the jobseeker to complete a full
registration in Employ Florida Marketplace (EFM).
d. Literacy, numeracy, and skills testing will be determined using an assessment approved by
SFWIB.
Page 1 of 12 PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
2. Eligibility of Services — The Eligibility of Services is the determination of whether individuals are
eligible to receive assistance under WIOA. Eligibility of Services is where the review of the
documents gathered during intake shall be used to assist staff with determining the appropriate
referral to either Basic or Individualized services. Referral to Services shall ensure emphasis on
identifying barriers to employment, opportunities to improve skills, acquire credentials, and assist
in the development of career pathways for talent pipelines which results in better job candidates
and employment outcomes.
3. Basic Services — Basic Services are informational in nature and are available to all participants (no
priority for services). These services include but are not limited to:
a. Labor exchange services: This service provides jobseekers with job search and placement
assistance, and in appropriate cases, it provides career counseling, including provision of
information on in -demand industry sectors and occupations. These services, also, provides the
jobseekers with provision of information on non-traditional employment, including
specialized recruitments targeting specific occupations or industries.
b. Current Labor Market Information (LMI): This provides the job seeker with available current
labor market information in an easy to understand readily and accessible format. This
infoiuiation includes job vacancy listings, information on job skills necessary to obtain the
jobs, information relating to local opportunities and earnings, skill requirements, and
opportunities for advancement in such occupations.
c. Infounation and referrals on specific programs and services available in the community:
Provision of referrals to and coordination of activities with other programs and services
including other service or resource partners and vendors to provide ancillary services within
the one -stop delivery system and in appropriate cases, other workforce development
programs; Referrals shall be done through the Universal Referral Form.
d. Information and assistance regarding filing Re-employment Assistance (RA): The contractor
must provide meaningful assistance to individuals seeking assistance in filing a claim.
Meaningful assistance means: (a) providing assistance on -site using staff who are well trained
in Unemployment Compensation claims filing and the rights and responsibilities of claimants;
or (b) providing assistance by phone or via other technology, as long as the assistance is
provided by trained and available staff and within a reasonable amount of time. Assistance
must be made available to jobseekers that come into the centers for assistance in filing a Re-
employment Assistance claim and to jobseekers that have been identified as having barriers to
filing a claim without assistance, such as those individuals who have been identified as having
limited English proficiency or disabilities.
e. Performance, cost information: This is the provision of information in usable and
understandable formats and languages about performance accountability measures, as well as
any additional performance infouiiation relating to the center's delivery system.
f. Supportive service information: Supportive service information reduces and/or eliminates
barriers to employment by providing referrals to resources available through SFWIB and/or in
the community. These services include: transportation, child care, dependent care, housing
and needs -related payments that are necessary to enable an individual to participate in
authorized activities.
Page2of12 PY'15-16SOW
Employ -Miami Dade Program
Exhibit A
4. Individualized Services — These services are provided to job seekers who are determined that
they are eligible for WIOA, and if according to assessment information obtained during intake, it
is determined that the jobseeker is in need of the services in order for the job seeker to obtain or
retain employment. These services shall include but are not limited to:
a. Comprehensive assessment: Each jobseeker that is determined eligible for services shall
receive comprehensive and specialized assessments of the skill levels and service needs of the
jobseeker, which include diagnostic testing and in-depth interviewing and evaluation to
identify employment barriers and appropriate employment goals. This process is intended to
assist participants in identifying strengths, transferable skills, interests, work values; and
priorities. This objective assessment process underlies the development of an employment
plan, which serves as each participant's road map to services. This includes the participant's
employment goals;
b. Individual Employment Plan: The development of an individualized employment plan, to
identify the employment goals, appropriate achievement objectives, and appropriate
combination of services, or steps, for the participant to achieve the employment goals. This
includes providing information on eligible providers of training services and career pathways
to attain career objectives;
c. Prevocational Services (Employability Skills): Short-term prevocational services include the
development of learning skills, communication skills, interviewing skills, punctuality, personal
maintenance skills, and professional conduct, to prepare individuals or unsubsicli7ed
employment or training. This includes internships and workexperiences that are stepping
stones to career pathways;
d. Out -of -area Job Search: This service provides the jobseekers with out -of -area assistance and
relocation assistance;
e. Internships/ work experience: An internship, or work experience, may be within the private
for profit sector, the non-profit sector, or the public sector, Labor standards apply in any work
experience setting where an employee/employer relationship, as defined by Fair Labor
Standards Act, exists;
f. Workforce preparation: These are the activities, programs, or services designed to help an
individual acquire a combination of basic academic skills, critical thinking skills, digital literacy
skills, and self -management skills, including competencies in utilizing resources using
information, working with others, understanding systems, and obtaining skills necessary for
successful transition into and completion of postsecondary education or training or
employment;
Paid Work Experience (PWE); This is a career preparation activity in which students are at a
worksite doing real work. Paid Work Experience is designed to expose students to careers and
jobs, develop pre -employment and work maturity skills and build occupation knowledge and
technical skills. This activity facilitates active learning, exploration of interests, development of
research and project based skills, development of teamwork skills, assists students with making
connections between workplace duties and related coursework and provides students with
training about potential workplace safety and other issues;
g•
Page 3 of 12 PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
h. Financial literacy services: This is information such as the ability of the participant to create
household budgets, initiate savings plans, and make informed financial decisions about
education, retirement home ownership, wealth building, or other savings goals. This service
enables jobseekers to gain the ability to manage spending, including credit card debt,
effectively. The Financial Literacy Services includes activities that address the financial literacy
needs of non-English speaker, including providing the support through the development of
distribution of multilingual financial literacy and education materials is required;
English language acquisition: If it is determined that the jobseeker needs the service, an
appropriate referral shall be made; and
Support Services: The Contractor shall provide, coordinate, and pay for support services for
jobseekers when a funding source so allows and shall only be authorized when the need has
been identified; the program participant is in compliance with all program requirements; the
participant will not be successful without this service(s); and no other funding is available to
pay for such services. The provision of support services shall be managed in as cost efficient a
manner as possible. The Contractor shall pay for support services using the Workforce
Services Contract funding if funding is not available in this contract. Referrals shall be made as
appropriate to available support services within the community when the funds are not
available. These services are subject to funding availability in accordance with SFWIB's
established policies and procedures. Referrals shall be done through the WFMS system
5. Training Services
A. Individual Training Accounts (ITA)
1. The Contractor shall provide training services to individuals who meet the WIOA
eligibility and the Employ Miami -Dade Program requirements after an interview,
evaluation or assessment, and career planning has demonstrated employment could not be
retained nor obtained, and be determined to be in need of training services by only
receiving career services and have the skills and qualifications to successfully participate in
a selected program, select programs that are directly linked to employment opportunities
in the region and are unable to obtain other grant assistance or need assistance above the
levels provided by such other grants. Training services shall be administered in accordance
with SFWIB's ITA Policy, Procedures and/or SFWIB Employ Miami -Dade Program
Guidance.
2. The Contractor shall adhere to the SFWIB Procedures regarding the WFMS data
reconciliation between Training Vendors and the Workforce Services Contractors,
3. The Contractor shall individually assess eligible participants for training prior to the
issuance of an ITA voucher. The assessment process consists of examining a participant's
academic and employment background as well as short- and long-term career interests.
The intent of this process is to assist the participant in selecting a training program he/she
is likely to succeed in and ultimately contribute to the achievement of economic self-
sufficiency.
4. Upon the participant's selection of an occupational training area, the Contractor shall
furnish him/her with a Consumer Report Card showing the performance (e,g.,
Page4of12 PY'15-16SOW
Employ -Miami Dade Program
Exhibit A
completion, placement, and training -related placement rates) of Training Vendors'
programs linked to that occupational training area.
5. The Contractor shall issue vouchers for training within the same Program Year in which
service(s) was/were rendered.
6. The Contractor shall track participants' training progress, including enrollment,
completion, and placement information, in the applicable Management Information
Systems.
7. To promote the entry of consistent and accurate data in the WFMS, the Contractor shall
cooperate with Training Vendors to resolve and reconcile discrepant participant data in
the Reconciliation Tool.
8. Types of trainings include, but are not limited to:
i. Vocational / Occupational Skills Training (OST); and
ii. Adult Education and Literacy Combined with Vocational / OST Training.
9. Upon completion of training services, the Contractor shall have a process to assist
participants in securing employment in the field that he/she was trained or a related field.
10. It is the sole responsibility of the Contractor to ensure that participants are eligible to
receive ancillary services, and have been entered into the appropriate Management
Information Systems prior to referral.
B. Other Training Services
The Contractors shall offer an array of training services to eligible job seekers and employed
workers (participants), The Contractor shall administer training services in accordance with
the applicable SFWIB's Policies and Procedures.
Types of trainings include, but are not limited to:
1. Employed Worker Training (EW-E); Training for an employer for their current staff in
order to improve the quality of their workforce through enhanced skills attainment,
productivity and competitiveness. The employer may be reimbursed a percentage (as set
forth in SFWIB's Policy for EWT) of the total training cost for workers that successfully
complete training.
2. Customized Training (CT); Training designed to meet the special requirements of an
employer or a group of employers, conducted with a commitment by the employer(s) to
employ, or continue to employ, an individual upon successful completion of the training,
and the employer pays a percentage (as set forth in SFWIB's Policy for CT) of the cost of
the training.
3. On -The -Job -Training (OJT); Paid full-time employment in which the employer provides
training to a participant in order for the participants to learn the skills necessary to
perform the job.
4. Transitional Jobs (1)); A new type of work -based training that is allowed under WIOA.
Transitional jobs are time -limited work experiences that are subsidized and are in the
public, private or nonprofit sectors for individuals with barriers to employment who are
chronically employer or have an inconsistent work history, and are combined with
comprehensive career and supportive services.
Page 5 of 12 PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
5. Entrepreneurial and Self -Employment Training (ESET), Entrepreneurial skills training
provides the basics of starting and operating a small business.
C. Essential Services
The Contractors shall offer an array of services to eligible job seekers and employed workers
(participants). The Contractor shall administer;
1, Services to Individuals with Disabilities
The Contractor shall provide services to individuals with disabilities as set forth in Article
II, Section R of this Contract, and as set forth below;
a. The Contractor shall assure that programs and activities under this Contract are
accessible to individuals with disabilities without discrimination;
b. The Contractor shall ensure that the physical facilities utilized under this Contract are
accessible at all times to individuals with disabilities;
c. The Contractor shall designate a Disability Coordinator; to establish and implement
internal procedures to ensure the Contractor and operational staff is knowledgeable
about and complies with the disability -related requirements as referenced in Article
II, Section R, of this Contract; and
d. The Contractor shall submit the Disability Coordinator's Report on the 5th of each
month. (See Exhibit E, Reporting Requirements).
2. Follow-up Services
After a service(s), the Contractor shall follow-up to assist participants to ensure that they
are on track with their employment plan and offer additional service(s) to retain
employment. The Contractor shall provide at least one follow-up service within every
ninety (90) days interval and in accordance with federal, state, and. local policies and
procedures. It is the intent of these services to assist participants in overcoming any
barriers to employment and to place them into employment and, therefore, self-
sufficiency.
3. Job Retention Services
After job placement, the Contractor shall follow-up to assist participants to ensure that
they are employed and retain employment. The length of the job retention assistance shall
be for not less than twelve (12) months after the first day of employment. It is the intent
of these services to assist those participants placed into employment to overcome any
problems that may arise during this critical period and to ensure further progress toward
long-term employment and, therefore, self-sufficiency.
III. PERFORMANCE REQUIREMENTS
A number of workforce performance requirements are established by federal and state laws, Workforce
Florida, Inc. and the SFWIB.
A. The Contractor shall ensure that Center staff is trained on all Performance Measures as set forth in this
contract and implement strategies that will maximize performance outcome potentials to be cost-
efficient, and utilize dual enrollment or other strategies for optimal service delivery.
Page 6 of 12 PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
B. The SFWIB shall track the performance of the Contractor against the required performance standards
as described in Exhibit D, Performance Measures. If the Contractor does not Pass a minimum of
65 percent of the performance measures (standards) for the reporting period, the SFWIB at its
exclusive option, may allow a reasonable period, not to exceed 3 months, for the Contractor to correct
performance deficiencies. If the Contractor fails to resolve performance deficiencies and is not
meeting 65 percent of the performance measures (standards) within the prescribed time, and if no
extenuating circumstances can be documented by the Contractor to SFWIB's satisfaction, the SFWM
shall terminate the contract. If the Contractor fails to meet at least 65 percent of the PY' 2015-16
performance measures by the end of the contract period, then the SFWIB will not consider Contractor
for renewal and/or future contract consideration for a period not to exceed five years. The SFWIB
has the sole authority to determine whether there are extenuating or mitigating circumstances.
IV. QUALITY ASSURANCE
The purpose of the Quality Assurance (QA) strategy is to facilitate self -assessment reviews to ensure
accuracy of data reported and collected. Participant files and data systems shall also be reviewed to: (a)
ensure data integrity and continuous improvement of system operations; (b) reduce the error rate of
Region 23 to a three percent (3%) or less error rate; and (c) ensure compliance with federal, state and
local laws, transmittals, directives, policies, procedures and regulations.
A. The Contractor's QA process shall include, but is not limited to the following:
1. The Contractor's staff shall collaborate with SFWIB's staff;
2. Ensuring staff is trained; implements concepts learned in training and from technical assistance;
and conducts ongoing system and desk reviews to ensure policies and procedures are being
followed and information systems and case files are properly updated and documented;
3. Conducting monthly Supervisory Quality Assurance Reviews, as set forth in Exhibit E,
Reporting Requirements, of 10% or 25 cases (whichever is less) of all the WIOA Employ
Miami -Dade Program cases with activities during the review period. This Supervisory Quality
Assurance Review shall be reviewed and approved by the Center Director;
4. Using the approved Quality Assurance Monitoring Tools to complete the required monthly
Supervisory Quality Assurance Reviews. The monitoring tools are updated and maintained on the
SFW1B's untranet, under Required Reports in the Monitoring Tool Template folder or refer to the
following URL for access:
http: / /intranet:18112/sites /intranet/requiredReports
If the monitoring tools cannot be accessed, then the Contractor staff should contact the Office of
Continuous Improvement (OCI) Quality Assurance Coordinator and request an electronic copy of
the approved Quality Assurance Monitoring Tools;
5. A review and analysis of participants' files based upon a selected sample;
6. A review, examination, and assessment of qualitative and quantitative system participant data;
7. A comparison of the previous SFWIB monitoring report to determine the extent to which the
concerns have been addressed;
8. A review of eligibility for program services;
9. A review of supporting documentation maintained in the case file;
10. A review, examination, and assessment of the quality and the quantity of the services provided;
Page 7 of 12 PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
11. A systematic approach/review of caseload per Career Advisor ratio; and
12. Monitoring of and adherence to Equal Employment Opportunity (EEO) requirements.
B. The SFWIB QA Strategy involves a multi -layer process as follows:
1. At the conclusion of the case file review, the SFWIB will discuss the findings with the Center's
staff and provide him/her with a copy of the completed review tool instrument. The discussion
will include the strengths and deficiencies found in the review. The Contractor's Center Director
will be provided an electronic copy of the entire completed review tool.
2. The Contractor shall be required to submit a Plan of Corrective Action (POCA) within ten (10)
calendar days from the receipt of the Quality Assurance Report as a result of not meeting the
stipulated three percent (3%) or less error rate. However, the Contractor shall be required to
submit supporting documentation for all deficiencies noted, regardless of the error rate, in order to
complete the QA file review process.
3. Failure to submit an acceptable POCA and/or failure to comply with previously accepted POCA
measures may result in placement on a Performance Improvement Plan (HP). Placement on a PIP
will require the Contractor to submit weekly quality assurance updates to SFWIB's staff. The
specific content required in these weekly updates will be presented in a formal PIP letter; the
updates will provide the SFWIB with confirmation that center staff is making every effort to
follow federal, state and local policies, while minimizing errors and preventing deficiencies.
4. If at any time the SFWIB identifies a deficiency, a Contractor may be subject to a PIP. The PIP
includes, but is not limited to: setting up a schedule of ongoing review of cases, on -site• quality
assurance reviews, providing written and/or on -site technical assistance for improvement until the
errors identified have been corrected and an acceptable level of improvement has been
demonstrated in the quality assurance process and/or the SFWIB HP identified reduction in the
error rate is met. It is the Contractor's responsibility to implement best practices, develop
corrective actions plans, and correct and prevent deficiencies.
5. If the Contractor is on a PIP, the SFWLB's staff will conduct a follow-up review (fife and/or
system) and provide a Quality Assurance Report in order to identify training, provide technical
assistance and conduct follow-up reviews to ensure that policies and procedures are correctly
implemented.
6. Failure to demonstrate compliance with the PIP during the specified timefrarne may result in an
extension of the PIP, or a breach of contract as determined by SFWLB's staff.
V. DATA ENTRY RESPONSIBILITIES
The Contractor shall:
A. Utilize the Initial Application, Employ Florida Marketplace (EFM), One Stop Service Tracking
(OSST), and the Service Account Management System (WFMS) to document the provision of
services as part of the jobseeker tracking process.
B. Ensure that the WIOA data is entered within ten (10) days of participant contact or services being
delivered.
C. Cooperate with SFWTB-approved Training Vendors to ensure the timely entry of consistent and accurate
participant training -related data in the SFWIB's Reconciliation Tool.
D. Enter WFMS data in accordance with the WFMS process.
Page 8 of 12 PY'15=16 SOW
Employ -Miami Dade Program
Exhibit A
E. DJP's and OE's achieved during any month shall be verified and recorded in EFM by the 5th day of the
following month.
F. Enter all data in EFM for Performance achieved during any month by the 5th day of the following
month.
VI. EMPLOYMENT/PLACEMENT VERIFICATION
The Contractor shall verify full or part time unsubsicli7ed employment through the use of one of the
following appropriate options as per local operating procedure:
A. Employment Verification Form (Attachment 2) completed by the employer; or
B. Employment Verification Form with Training Vendor logo completed by the employer and
validated by Contractor; or
C. For companies that use the Work Number system, attach the employer's printout to the Employment
Verification Foitn; or
D. Pay stub in conjunction with documented employer contact, or Employment Offer Letter; or
E. New Hire Report in conjunction with documented employer contact to indicate actual start date of
employment; or
F. The Re-employment Assistance (RA) formerly Unemployment Insurance (UI) system and/or SunTax
with documented employer contact; or
G. For Self -Employed individuals, attach Form 1099 — Misc. (Miscellaneous Income) and/or Form W- 4.
VII. WORKI-ORCE PROGRAMS
The Workforce Services to be provided shall be in accordance with the Workforce Innovation and
Opportunity Act (WIOA). WIOA supersedes the Workforce Investment Act of 1998 and amends the
Adult Education and Family Literacy Act, the Wagner-Peyser Act, and the Rehabilitation Act of 1973.
WIOA authorizes the Job Corps, Youth Build, and Migrant and Seasonal Farmworker programs, in
addition to the core programs, Chapter 445 F.S., Workforce Innovation Act of 2000, P.L. 104-193, the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Chapter 414 F.S., Family Self -
Sufficiency, and all other applicable federal, state and local laws and regulations.
A. Workforce Innovation and Opportunity Act (WIOA)
WIOA is designed to help job seekers access employment, education, training, and support services to
succeed in the labor market and to match employers with the skilled workers they need to compete in
the global economy. The Contractor shall:
1. Provide a continuum of services to adults and dislocated workers that, depending on the needs of
the participant, include: basic or individualized career services and follow-up activities. Availability
of funds, in conjunction with an individual needs and eligibility guidelines, shall determine the
combination of services appropriately provided to individuals.
2. Be responsible for the WIOA eligibility determination and verification, collection of the required
supporting documentation, completion and submission of all necessary eligibility documents and
maintenance of documentation.
Page 9 of 12 • PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
3. Utilize the WIOA Adult/National Emergency Reserve (NER) funds as part of the WIOA Adult
employment and training services/activities following the WIOA Adult Program Policies and
Procedures; if funds are allocated.
4. Utilize the WIOA Dislocated Worker/Rapid Response Supplement in order to address rising
unemployment rates and increased demands for assistance and training following the WIOA
Dislocated Workers Policies and Procedures.
VIII. WORKFORCE PROGRAMS ELIGIBILITY
The Contractor shall be responsible for the eligibility determination for each of the SFWIB-funded
programs (i.e. WIOA). The Contractor shall only have SFWIB Workforce Programs Eligibility certified
(trained and approved by SFWIB) staff conduct Workforce Programs Eligibility.
A. Workforce Innovation and Opportunity Act (WIOA)
Eligibility determination and registration shall include the completion of the WIOA Application;
verification of the information provided for the application and determination that the applicant meets
the eligibility criteria established by the WIOA and the SF\Y113; and entry into the EFM Management
Information System.
1. Adult
All adults shall meet the Workforce Innovation and Opportunity Act (WIOA) Adult eligibility
criteria listed below:
a. Meet the Priority of Service; and
b. An adult 18 years of age or older; and
c. Is a resident of Miami -Dade or Monroe County; and
d. A citizen of the United States; or
e. An eligible non -citizen who is authori?ed by the U.S. Citizenship and Immigration Services;
and
f. In compliance with the Selective Service Act (only relevant for males at least 18 years of age
and born after December 31, 1959); and
g. Provide the highest grade completed; and
h. Provide proof of veteran status, if applicable, and
i. If employed, determined low income as defined by the SFWIB.
i. A maximum of 10 percent of all WIOA new enrolled participants can be employed at
participation.
2. Dislocated Workers (and Rapid Response)
a. All Dislocated Workers shall meet the Workforce Innovation and Opportunity Act (WIOA)
Dislocated Worker eligibility criteria listed below:
1. An adult 18 years of age or older; and
2. Is a resident of Miami -Dade or Monroe County; and
3. A citizen of the United States; or
Page 10 of 12 PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
4. An eligible non -citizen who is authorized by the U.S. Citizenship and
Immigration Services; and
5. In compliance with the Selective Service Act (only relevant for males at least 18
years of age and born after December 31, 1959); and
6. Provide the highest grade completed; and
7. Provide proof of veteran status, if applicable; and
8. Demonstrate that employment could not be obtained prior to eligibility.
b. In addition to the above general eligibility factors to qualify as a Dislocated Worker, an
individual shall meet one or more of the following criteria:
1. Terminated or laid off, has received notice of termination or layoff, and is
eligible for or has exhausted entitlements to Re-employment Assistance (RA)
formerly Unemployment Compensation (UC), and is unlikely to return to
previous industry or occupation;
2. Terminated or laid off, or has received notice of such; attached to workforce
but not eligible for or not entitled to RA, or the employer is not covered under
the state UC law, and is unlikely to return to previous occupation or industry;
3. Terminated, laid off or Notified of Permanent Closing of Plant or Facility;
Substantial Lay off;
4. General announcement of facility closing; date required;
5. Previously self-employed (including employment as a farmer, a rancher, or a
fisherman) but is unemployed as a result of general economic conditions in the
community in which the individual resides or because of natural disasters; or
6. Displaced homemaker. An individual who has been providing unpaid services
to family members in the home and has been dependent on the income of
another family member but is no longer supported by that income; or is the
dependent spouse of a member of the Armed Forces on active duty and
whose family income is significantly reduced because of a deployment, or a
call or order to active duty, or a permanent change of station, or the service -
connected death or disability of the member; and is unemployed or
underemployed and is experiencing difficulty in obtaining or upgrading
employment;
7. The spouse of a member of the Armed Forces on active duty, and who has
experienced a loss of employment as a direct result of relocation to
accommodate a permanent change in duty station of such member; and
8. The spouse of a member of the Armed Forces on active duty and who is
unemployed or underemployed and is experiencing difficulty in obtaining or
upgrading employment.
IX. WORKFORCE SERVICES STAFF
A. Contractor Staff
1. In order for Centers to deliver maximum value to workforce services participants, the revised
Workforce Services Staffing Procedure Transmittal shall be adhered to as it ensures the hiring of
qualified staff. The Workforce Services Staffing Procedure Transmittal may be accessed at the
CareerSource South Florida web site by selecting the Resources tab and then selecting "Supporting
Documents", click on "Transmittals and Directives".
Page 11 of 12 PY'15-16 SOW
Employ -Miami Dade Program
Exhibit A
2. The Contractor shall conduct a Level 2 background screening for current and prospective
employees, volunteers and subcontracted personnel as specified in Article I, Section 0 of this
Contract.
3. Confidentiality Forms. In accordance with Article III, Section H of this Contract, all staff,
security officers, contractors, subcontractors, and any subsequent subcontractors and their
employees complete the following certification and acknowledgement forms:
• The Individual Non -Disclosure and Confidentiality Certification Form,
Attachment 6 of the Contract.
• The Confidentiality Acknowledgement, Attachment 7 of the Contract.
4. In an effort to deliver maximum value to workforce services participants, the SFWIB may deem it
necessary to provide facilities outside of the center where workforce services participants can
access Workforce Services. The Contractor shall be responsible for the management of all staff
assigned to facilities where Workforce Services are provided. Additionally, the SFWIB may deem it
necessary to provide guidance to the contractor in order to establish the necessary staffing pattern
to ensure a quality workforce services delivery.
B. Training of Staff
The Contractors shall:
1. Ensure that new staff is trained and that program specific trainings (i.e. WIOA) and other
required trainings (i.e. Tier 1, Security Awareness, Hurricane Preparedness, etc.) are conducted on
a timely manner;
o Note: Tier 1 certifications for new staff shall be completed within 90 days of hire
2. Coordinate all Center program trainings and SFWIB's required trainings with the SFWIB's
Training Coordinator;
3. Post all trainings on the SFWIB internal training calendar;
4. Submit the Monthly Training Report updated with all programs and required trainings to the
SFWm's Training Coordinator by the 10th of every month (See Exhibit E, Reporting
Requirements); and
5. Follow SFWIB's training priorities as identified by the SFWIB's Training Coordinator.
C. Prohibited Services to Contractor's Staff or Staff Relatives
The Contractor shall not provide workforce services that include, but are not limited to basic,
individualized, and/or training to any person who is a relative of the Contractor or Contractor staff
following the provisions of section 112.3135, F.S.
"Contractor" means the Contractor or employee of the Contractor.
"Relative," means an individual who is related to the Contractor as father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law,
son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half-brother, or half-sister.
Page 12 of 12 PY'15-16 SOW
Employ -Miami Dade Program
(Attachment 1)
Exhibit A
Career Source
SOUTH FLORIDA
No
Yes
iflUE
ve[opr
(Attachment 2)
Exhibit A
CareerSource VERIFICATION OF EMPLOYMENT
SOUTH FLORIDA
Service Provider / Training Location
Address
Date:
City
State Zip Code
Staff Name / Title Office Number Fax Number
The South Florida Workforce Investment Board (SFWIB) develops and supports workforce initiatives that meet the needs of workers and that address the demands of
business and industries. Because our programs are federally funded we are required to collect wage and employment data. The following information is needed:
Please complete each section:
Name of Employee:
L1NFORMJ
Job Title:
Hire Date:
How Often Is/Was the Employee Paid?
Rate of Pay: $
Social Security Number: XXX-XX-
No. Hours Worked Per Week:
(Last 4 digits only)
Date Current Employment Began (If Different Than Hire Date):
❑ Daily ❑ Weekly ❑ El -Weekly ❑ Monthly
per
(Hourly/Daiiy/We ekl y/etc. )
Employment Type: ❑ Temporary
(Less than 150 days)
Does / Did Employee Receive
Tips?
Is The Person Currently
Employed?
❑ Yes
❑ Yes ❑
Is/Was Employment Seasonal? ❑ Yes
Other:
(Explain)
❑ Seasonal ❑ Permanent
(Less than 150 days)
If Yes, What is the Average Weekly Amount?
No If No, Provide Employment End Date:
Is /Was the Employee Covered By Health
❑ No Insurance / Fringe Benefits
(150 days or more)
E Yes ❑ No
1laPYE I NE00109N
Company's Name:
Address
City
State Zip Code
Employer Telephone Number: E-Mail Address
By signing below I hereby affirm that the above information is correct; and that I am a duly authorized representative for this company.
Signature of Representative
Title of Representative
Print Name of Representative
Date Completed
Validaied
Verified
Name and-:Titie"of Employer`iRepresentatiV
ethod`of-Venficati
Page 1 of 2
REV: August 20, 2014
CareerSource
SOUTH FLORIDA VERIFICATION OF EMPLOYMENT
STAFFING AGENCY
Name of Employee:
Staffing Agency:
Social Security Number: XXX-XX-
(Ait-,.hmertt 2)
Exhibit A
(Last 4 digits only)
The SFWIB cannot get credit for any placement related to a temporary or seasonal position anticipated to be less than 5
months. Signature below constitutes verification by the Staffing Agency that client has not been placed in a Temporary
and/or Seasonal position anticipated to be less than 5 consecutive months.
�ECTIO `.AFEligGIAGEMCY ; EMPLOYEEWORKSITE-INFORMATIO F
Contact Person:
Title of Contact Person:
Phone:
Signature of Contact Person:
Name of Company (Worksite):
E-mail:
Date:
Phone (Worksite):
Contact Person (Worksite):
Contact Person's Title (Worksite):
Address
City
Fax (Worksite): -
State Zip Code
1411
Page 2 of 2
REV: August 20, 2014
Exhibit B
CODE OF BUSINESS ETHICS AFFIDAVIT
Code of Miami -Dade County Section 2-8.1(i)
I, being duly sworn, hereby state and certify that this fiuiu has adopted a Code of Business Ethics that is fully
compliant with the requirements of Section 2-8.1(i) of the Code of Miami -Dade County as amended. I further
acknowledge that failure to comply with the adopted Code of Business Ethics shall render any contract with Miami -
Dade County voidable, and subject this firm to debarment from County work pursuant to Section 10-38(h)(2) of the
Code of Miami -Dade County as amended. I further acknowledge that failure to submit this affidavit shall render
this film ineligible for contract award.
By: 20
Signature of Affiant Date
/ - / / / / / / /
Printed Name of Affiant and Title Federal Employer Identification Number
Printed Name of Fit
Address of Fiuii
SUBSCRIBED AND SWORN TO (or affiicued) before me this day of , 20
He/She is personally known to me or has presented as identification.
Type of identification
Signature of Notary Serial Number
Print or Stamp Name of Notary Expiration Date
Notary Public — State of
Notary Seal
Oak' -
JO
lam'
Exhibit D
PERFORMANCE MEASURES
CITY OF MIAMI - EMPLOY MIAMI-DADE PROGRAM
August 206, 2015 June 30, 2016
5 PERFORMANCEMEASbRES
vF
_ _ ' - ....:v_ � .. •..:.v.. ..... �3 � ...._ \ T .-...v.. -mow........ +. .=..', � .:.._ � .- _� �.
,Al-
�§' a «t �. -..—
Recruit, Enroll in WIOA and Refer / Enrollment to an Employ Miami -Dade training
The minimum number of participants required for each of the Employ Miami -Dade
trainings
100%
Training Completion Rate
The total # of participants who completed an Employ Miami -Dade training in the
WFMS
70%°
Divided by total # of participants who enrolled In an Employ Miami -Dade training
Training Completion Placement Rate
The total # of participants who completed an Employ Miami -Dade training and
obtained employment within 180 days of training completion
70%
Divided by the total # of participants who completed an Employ Miami -Dade
training within 180 days of training completion
Training Related Placements Rate
The total # of participants who completed training, obtained employment and
have been placed in training related occupation within 180 days of training
completion during the reported period
70%
Divided by the total # of participants who completed training and obtained
employment within 180 days of training completion during the reported period
Page 1 of 1
Exhibit E
PY' 15-16
REPORTING REQUIREMENTS
EMPLOY MIAMI-DADE PROGRAM
Regoesc rt Dription-_
=Due Date
_, Su
&itotTfl
x.... .. ...
Cost Allocation Plan/Indirect Cost Rate
Not later than 30
calendar days after
contract execution
Finance
Background Screening
Affirmation/Acknowledgement Form
Not later than 90
days after Contract
Execution
Quality Assurance
Inventory Report (If applicable)
As set forth in
written instructions
from the SFWIB
Administration
Annual ETA Salary Cap Analysis Certification Form
March 1, 2016
Finance
1 .. �+ zs.-_,-7€—r r ' 2 '� x- ^--•�F 4.ect'y7''.�" _
� TNTRANET REQ TIR-Er RESORTS
K,' Y'''
.:P.- � ...-.�r-�.
�i+.
n'^y' e
Staffing Roster / New Hire/Termination Report
(Attachment 1)
rh
10 of each month
Contracts Manager
Monthly Training Report
(Attachment 2)
10' of each month
Training
Coordinator
Supervisory Quality Assurance Case Reviews
(Download from:
http://intranet:18112/sites/intranet/requiredReports)
10th of each month
OCI Quality
Assurance Staff
Page 1 of 1
Reporting Month:
Contractor
Career Center
Prepared by (Name and Title):
STAFFING ROSTER AND TRACKING
PY`15-16
LEVEL OF SERVICES
PROVIDED BY STAFF
STAFF TYPE
TRAINING
PERSONNEL STANDARDS
Employee Name (Last, First)
Job Classification
Date of
Hire
Date of, ..
Termination
Basic
Individualized
Follow-up
Contractor
Staff
DEO
Staff
Other
Partner
Stag
- 'Tier1 ' -
Certification
(Y/N) .'
Eligibility
Certification
(YIN
Years of -
Experiences
" Degree
". (EESfBANNIS)
Note: Add or delete lines as needed- Job classifications should reflect SFWIB stafne speciS ons-
(Attachment 1)
Exhibit E
Page 1 of 1
CENTER:
REPORTING MONTH:
STAFF NAME
0
O
.74
C
l3
0
WIOA Training
CSSF MONTHLY TRAINING REPORT
Resume Building
a
Performance Training
Customer Service Training
Ca re erSc urce
SOUTH : LOP.i^w^.
(Attachment 2)
Exhibit E
Front Line Staif that is Tier 1 Certified must receive a minimum of 15 hours of training annually.
Exhibit F
DEFINITIONS
Access Points: Volunteer Community Organizations providing access to employment and training services.
Access Points have staff trained by the workforce system to help customers search for jobs using web -based job
matching and making appropriate referrals to Career Centers. Access Points work closely with Career Centers to
ensure customers receive a full range of services they need to be job ready. Access Points do not receive Career
Center funding to provide access point services.
Administrative Costs: Costs that are associated with the overall management and administration of the
program and are not related to the provisions of services to participants.
Administrative Entity: The South Florida Workforce Investment Board (SFWIB).
Adult Programs: Workforce Innovation and Opportunity Act (WIOA) Adult, WIOA Dislocated Worker,
Wagner Peyser, Supplemental Nutrition Assistance Program Employment and Training, CAP and Refugee
Employment and Training are the Adult Programs for South Florida Workforce Investment Board.
Allowable Costs: Those costs which are necessary, reasonable and allowable under applicable Federal, state
and local law for the proper administration and performance of the services to be provided under this Contract.
The Contractor payments or reimbursements under this Contract are for allowable costs only.
Appropriate signatory: The appropriate signatory for the business shall be either the owner where the business
is incorporated; a partner where the business is a partnership; or an officer if the business is a corporation.
APIP: Automated Performance Invoicing Process.
Agricultural Services Program: The Agricultural Services program is an outreach and employment program
for migrant and seasonal farm workers.
Assessment: The process whereby individuals are interviewed and/or tested to determine their employability,
motivation, aptitude, abilities and interests in order to develop a career plan for the attainment of the individual's
career goals. Testing and counseling are a part of the assessment process. Additional assessments as needed for
proper service and referral of customers as described herein may also be provided.
Audit: A systematic review by a CPA or other duly certified and licensed individual or organization to
determine and report whether Contractor's financial operations are being properly conducted, financial reports
are being presented fairly and applicable laws and regulations are being complied with.
Background Screening: Search of an individual's criminal records. A background check may include the
search of driving records, former employer references, character references. Background screenings shall
comply with all applicable federal, state and/or local laws, regulations and ordinances regarding background
screening of employees, volunteers and subcontracted personnel.
Basic Career Services: Services that are made available to all job seekers.
Basic Skills Deficient: An individual who scores at or below the9th grade level on an appropriate standardized
test in either English reading or computation skills.
Business Day: A regular work day, Monday through Friday, from 8:00 a.m. to 5:00 p.m. local time in Miami,
Florida other than Saturday, Sunday, or a holiday recognized by the SFWIB.
Page 1 of9
Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Exhibit F
Business Services: The purpose of the Region's Business Services is to provide various services to businesses
as its primary focus. This approach helps ensure that market demand is connected with labor supply and
provides specific services to the region's business community beyond the traditional placement services.
Career Advancement Program (CAP): Former Welfare Transition Program.
Career Advisement: A collaborative process that assesses, plans, implements, coordinates, monitors, and
evaluates the options and services required to meet an individual career goal(s). This activity carefully and fully
documents all activities related to participant's contact and progress.
Career Centers: Former One Stop Career Centers. The cornerstone of the workforce system, a center that
delivers unified training, education, and employment programs and services into a single, customer -friendly
system within each community.
Code of Federal Regulations (CFR): A codification of general and permanent rules/regulations that have been
compiled by the Office of the Federal Register and is divided into fifty (50) titles, which cover broad areas
subject to Federal regulation.
Co -Enrollment: The state of being a participant in two or more programs at the same time.
Commercial Organization: A private for profit entity.
Computer: an internally programmed, automatic device that performs data processing. Refers to the desktop
and laptop computers that most people use. When referring to a desktop model, the term "computer" as used
herein refers to the motherboard, CPU, memory (or RAM), hard drive, video card, monitor, keyboard, mouse,
and all other components attached and/or contained within the case.
Computing devices: machines used to acquire, store, analyze, process, and publish data and other information
electronically, including accessories (or "peripherals") for printing, transmitting and receiving, or storing
electronic information. (2 CFR Part 200.20)
Contractor: The organization that enters into a contract with SFWIB.
Cost Allocation Plan: A plan, which identifies and distributes the cost of services provided by support staff
and/or departments or functions. It is the means to substantiate and support how the costs of a program are
charged to a particular cost category.
Customized Training (CT): Training designed to meet the special requirements of an employer or a group of
employers, conducted with a commitment by the employer(s) to employ, or continue to employ, an individual
upon successful completion of the training, and the employer pays a percentage (as set forth in SFWIB's Policy
for CT)of the cost of the training,
Data: a representation of information, knowledge, facts, concepts, computer software, computer programs, or
instructions. Data may be in any form, in storage media or stored in the memory of the computer or in transit or
presented on a display device.
Data in Transit: Data being transferred via the following, but not limited to, networks (e.g. the Internet),
mobile telephones, wireless microphones, wireless intercom systems, Bluetooth devices, etc.
Data Storage: The act of saving electronic, audio/visual, oral, and written information to an electronic or
conventional location for archival purposes.
Data Transmission: The act of sending electronic, audio/visual, oral, and written information to a specified
location(s).
Page 2 of 9
Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Exhibit F
Department of Economic Opportunity (DEO) formerly Agency for Workforce Innovation (AWI): The
State of Florida agency that administers funds and programs from the U. S. Department of Labor and Health and
Human Services.
Direct Job Placement (DJP): The Contractor recruits the employer and facilitates the hiring of the customers
as a result of a referral through a job order listing the opening as a full-time unsubsidized employment.
Disability Coordinator/Disability Navigator: The assigned staff is responsible for ensuring that the Career
Center provides seamless and comprehensive services to persons with disabilities; increasing employment and
self-sufficiency for Social Security beneficiaries and others with disabilities; facilitating access to programs and
services to individuals with disabilities; and facilitating linkage to the employer community.
Early Learning Coalition (ELC): Former School Readiness Coalition. Florida's early learning coalitions are
tasked by the legislature to administer state and federal early education programs, and to comply with high
standards for child safety and program content.
Electronic Data Systems: see Information Technology Systems.
Eligible or Eligibility: Refers to an individual's or business' status in relation to their ability to meet
established criteria in order to receive services under the WIOA, TANF or any SFWIB funded program.
Employ Florida Marketplace (EFM): EFM is a powerful on-line labor exchange tool which connects
employers to job seekers while providing access to workforce tools, resources and local workforce experts. The
site offers job listings posted by career centers or employment providers and also uses "spidering" technology to
capture openings from recruiting pages of company websites throughout the state.
Employed Worker Training (EWT): Training for an employer for their current staff in order to improve the
quality of their workforce through enhanced skills attainment, productivity and competitiveness. The employer
may be reimbursed a percentage (as set forth in SFWIB's Policy for EWT) of the total training cost for workers
that successfully complete training.
Employability Skills Training: Employment services delivered to an unemployed or underemployed eligible
customer with the objective of removing barriers to employment and obtaining employment to promote
economic sufficiency. These services may include resume writing, interviewing skills, telephone techniques, and
job acquisition skills.
Employer Services: Provision of Career Center services to employers as a primary customer.
Employment Verification: Specific form signed by an employer and program participants that verifies the date
of employment, average work hours and rate of pay.
Entrepreneurial and Self -Employment Training (ESET): A combination of assessment, training, and
additional technical assistance, delivered through a network of strategic partners. This method of study provides
training and assistance in a more systemic and strategic manner by providing the specific skills and knowledge
necessary to plan, finance, start, and/or expand a business. Such training should be outcome -oriented, focused
on a long-term goal, coincide with the applicable exit strategy, and result in credential attainment. This is
another way the region can leverage its resources to support unemployed and underemployed workers and create
jobs.
Exit: Determined as follows: a participant who has a date of case closure, completion or known exit from
WIOA funded or non-WIOA funded partner services within the quarter (hard exit) or a participant who does not
receive any WIOA funded or non-WIOA funded partners service for ninety days and is not scheduled for future
services except follow-up services (soft exit). The separation of a participant exiting the WIOA programs, which
Page 3 of 9 Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Exhibit F
can either, be a positive or negative exit. This individual is no longer receiving employment, training or services
funded under WIOA.
Facility Costs: Costs defined as Alarm Monitoring, Common Area Maintenance, Copiers, Electricity,
Equipment Maintenance, Data Lines, File Storage, Fire Extinguisher, Janitorial, Insurance, License/Registration,
Moving Expense, Parking Fees, Telephone, Pest Control, Plants, Postage Machines, Security Guard, Space
Rental, Trash Pick-up, and Water/Sewer.
Federal Bonding Program: The Federal Bonding program is an incentive program that allows employers to
hire at -risk job applicants with limited liability to their business.
Follow -Up Services: Services provided for a minimum of twelve (12) months following the first day of
employment or termination from a specific program to ensure job retention, wage gains, career progress, assess
service needs, and/or re-engage into a specific program.
Full -Time Employment: Year-round, unsubsidized employment or self-employment of 30 or more hours per
week.
High Demand Driven Occupations: This is an occupational area, which has been designated and published by
the State as being in high demand in the Miami -Dade or Monroe County labor market area. Educational
Scholarships may be awarded for high demand occupations only.
Income: Total family earnings for the last six (6) months, exclusive of re-employment assistance (formerly
unemployment compensation), child support payments, and old -age and survivors' benefits received under
Section 202 of the Social Security Act (42 U.S. C. 402).
Indirect Cost Proposal: the documentation prepared by an organization to substantiate its claim for the
reimbursement of indirect costs. This proposal provides the basis for the review and negotiation leading to the
establishment of an organization's indirect cost rate.
Indirect Cost Rate: An indirect cost rate is a percentage (indirect cost pool/direct cost base) used to distribute
indirect costs to all cost centers benefiting from those costs.
Individualized Responsibility Plan (IRP)/Individual Employment Plan (IEP)/Career Plan (CP): A
contract between the career advisor and the participants detailing a step-by-step process of setting an
employment goal and accomplishing the goals which will lead the participants to economic self- sufficiency. It
also includes the appropriate combination of services determined during the individual's assessment.
Individualized Career Services: Services that are provided when it has been determined to be appropriate in
order for a job seeker to obtain or retain employment.
Information Systems: see Information Technology Systems.
Information Technology Systems: computing devices, ancillary equipment, software, firmware, and similar
procedures, services (including support services), and related resources. (2 CFR Part 200.58)
Initial Assessment (IA): An on-line application to track participant services provided by the SFWIB
Contractors at all locations.
Intake: Eligibility determination, initial data collection, and pre -employment or work adjustment counseling
services, including orientation, work activities, employment preparation for WIOA Adult and Dislocated Adults
and CAP or TANF program customers.
Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Page4of9
Exhibit F
Job Placement: When an unemployed or underemployed eligible customer begins to work in unsubsidized
employment as a DJP or OE.
Job Retention: The number of consecutive days a program participant has retained employment following
placement. The period of required retention is determined in accordance with the specific program and may
depend upon the activity into which a customer is enrolled or some other predetermined length of time as
established by SFWIB.
Job Search Training: Training including job club, which provides the customers with the instruction and skills
necessary to actively seek employment.
Job Seeker: Individual who is unemployed or underemployed and in need of services to achieve employment
that will assist him/her to become self-sufficient.
Job Skills Training: Training directly related to employment in a specific occupation for which there is a
written commitment by the employer to offer employment to participants who successfully complete the training
and demonstrate proficiency in standard skills that are required for all employees by the employer. Job Skills
Training is synonymous with customized training.
Mandated Partners: Are required state and federal entities that carries out activities or programs as defined
under WIOA, Section 121 (b)(1)(B).
Management Information System (MIS): Refers to a computer -based system designed to store, transmit, and
process client data to support the activities of the program and to provide managers with the tools for
organizing, evaluating and efficiently run the program. (i.e. EFM, OSST, WFMS, etc.)
Migrant and Seasonal Farm Worker Outreach Specialists: The Agricultural Services program is an
outreach and employment program for migrant and seasonal farm workers.
Military Family Employment Advocate: The Military Family Employment Advocacy Program delivers
priority workforce services for eligible military family members in the State of Florida. Military Family
Employment Advocates are located in Career Centers near military bases and communities with a large
population of military families. Military spouses may also be eligible to receive training and other supportive
services under the Workforce Innovation and Opportunity Act. Persons eligible for assistance through this
program include spouses and dependents of: Active duty military personnel, Florida National Guard members
and Military reservists whose units are activated.
Modification: A letter or formal modification executed by both parties which provides for a change to the
teiius and conditions of this Contract or to the services to be provided under this Contract.
Obtained Employment (OE): A Wagner-Peyser (WP) Obtained employment (OE) refers to those individuals
who secure employment within 180 calendar days of receiving one or more services which are wholly or
partially funded by the state employment service agency but the placement does not meet the federal definition
for a "WP Placement". Credit for an OE may be .claimed for any participant who has received any WP
reportable service(s), and has a job start date, where both service and start date fall within 180 days from the
date the obtained employment is recorded. Staff must verify that the customer has started working prior to
taking credit for an obtained employment. Notification of a hire date will not suffice for securing OE credit.
Occupational Training: Program of study provided to an individual to enhance employability in an occupation
or to improve his/her ability to carry out a present or future occupation.
On -the -Job Training (OJT): Paid full-time employment in which the employer provides training to a
participant in order for the participants to learn the skills necessary to perform the job.
Page 5 of9
Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Exhibit F
Outreach: This is an effort by individuals in an organization or group to engage, connect ideas, or practices to
the efforts of other organizations, groups, specific audiences, the general public, or programs.
Part -Time Employment: Year-round unsubsidized employment of less than 30 hours per week.
Participant: An individual that has been determined eligible to participate in and who is receiving services
from a program covered by this Contract.
PELL Grant: Popular name for the federal PELL Grant program whose primary objective is to provide
funding to financially needy postsecondary and undergraduate students (and post -secondary students who have
demonstrated a financial need) in order to meet educational expenses.
Performance Improvement Plan (PIP): A plan to improve performance set forth by South Florida Workforce
that will remain until the deficiency(s) is/are corrected.
Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA): Public Law 104-193:
Federal Law that went into effect in October of 1996 which eliminated the open-ended federal entitlement
program, Aid to Families with Dependent Children (AFDC), and replaced it with the Temporary Assistance for
Needy Families (TANF) block grant. The TANF legislation changed the nation's welfare system from the
receipt of cash assistance as an entitlement to one that requires work in exchange for time -limited assistance.
Priority of Service to Veterans: Provisions taken to ensure veterans and covered persons are provided
employment and training services within the integrated employment service and one -stop delivery system.
Profit: An amount in excess of the cost necessary to operate a program. Profit is allowable to the extent it is
reasonable as determined during contract negotiations, and if it is allowable under the funding stream. It
includes that amount which is associated with proprietary materials included in the cost of the program. Profit
may only be earned by private for- profit organizations.
Program: Activities and services to be provided by the Contractor under and pursuant to this Contract.
Program Cost: The contractor's cost to deliver the contracted services excluding administrative costs. Costs
associated with the management of the program funded by this contract that directly and immediately benefit
program customers and are necessary for effective delivery of services.
Program Income: Interest earned on any advances under this Contract, income generated as a result of use or
fees charged for the rental of real or personal property, fees for services performed, conferences, the sale of
commodities or items developed with contract funds, or from the participants activities under the contract except
for OJT, or revenue in excess of costs earned by organizations other than commercial organizations.
Program Year: The period between July 1 of a calendar year and June 30 of the following calendar year.
PRWORA: See Personal Responsibility and Work Opportunity Reconciliation Act for definition.
Rapid Response: An activity provided by the local workforce board, with funds provided by the State under
WIOA, Section 134(a) (1) (A), in the case of a permanent closure or mass layoff at a plant, facility, or
enterprise, or a natural or other disaster, that results in mass job dislocation, in order to assist dislocated workers
in obtaining reemployment as soon as possible.
Rapid Response Supplement: Rapid Response Supplement is to address rising unemployment rates and
increased demands for assistance and training following the WIOA Dislocated Workers policies and procedures.
Page 6 of 9
Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Exhibit F
Re-employment and Eligibility Assessment (REA): A U. S. Department of Labor funded pilot project that
will provide assessment and labor market information and job search assistance to selected UC Claimants.
Re-employment Assistance (RA) Program: Formerly the Unemployment Insurance benefit that provides
temporary wage replacement for individuals who have lost their jobs through no fault of their own. The new
name of the program emphasizes the job search activities and reemployment services offered by Florida's
workforce partners to jobless claimants receiving benefits.
Referral: To direct an individual or program participant to another contractor, community based organization
or agency or other community resources to receive services, information or assistance.
Scholarship: Formerly ITA. Training that is provided and directly linked to an occupation in demand in the
local area utilizing "eligible providers of training services" which maximizes consumer choice in the selection
of an eligible provider. A scholarship can be used for payments of tuition and training related expenses up to
the local established maximum.
Seasonal Employment: Employment 150 days or less which is temporary due to the nature of the work, like
harvesting, or due to annual cycles in the labor market, like Christmas season retail sales.
Self-sufficiency: The minimum amount of cash resources needed in order for a family to meet its basic needs
and become self-sufficient.
Service Partners (SP): Contractors.
SNAP: See Supplemental Nutrition Assistance Program.
South Florida Workforce Investment Board (SFWIB): In March of 2006, the Miami -Dade Board of County
Commissioners adopted Resolution R-315-06 which approved an Interlocal Agreement between the two chief
elected officials of Miami -Dade and Monroe counties. The approval of this Interlocal Agreement, created the
South Florida Workforce Investment Board (SFWIB) and its current administrative structure.
Statement of Work (SOW): Describes the work to be performed by the Contractor under the terms and
conditions of this Contract.
Storage device: A computer storage device is any type of device or hardware that is capable of storing data and
includes, but is not limited to laptops, hard drives, external hard drives that connect via Firewire and USB, disks,
Flash memory devices, such as USB keychain drives or iPod nanos, MP3 players, digital cameras, compact flash
and SD cards, tape drives, personal digital assistants (PDA's), smart phones, etc.
Subsidized Employment: Private sector, for profit or not -for -profit enterprise, or public sector employment
that is directly supplemented by federal or state funds. A subsidy may be provided in the form of work
supplementation, on-the-job training, incentive payments, tax credits and training bonuses.
Supplemental Nutrition Assistance Program (SNAP): Foiinierly known as the Food Stamp Employment and
Training Program, (FSET). This program emphasizes work, self-sufficiency, and personal responsibility. The
program strives to meet the needs of participants in gaining skills, training, work, and experience that will
increase the program participants' ability to obtain total self-sufficiency. The state of Florida provides SNAP
services to able-bodied adults (ages 18 - 49) without dependents (children) (ABAWDS).
Support Service: Services such as transportation, childcare, housing assistance that is necessary to enable an
individual to participate in program activities.
TABE (Test of Adult Basic Education): An adult basic skills assessment test that is designed to assess
reading, mathematics, language, and spelling skills.
Page 7 of 9 Definitions
PY 15-16 Career Center Operator
Employ Miami -bade Project
Exhibit F
Target Population: Groups of actual and potential users appropriate to a funding stream as the recipient of a
specific service(s) or as the primary users of specific a Career Center. The target population may be the
population to be served by the Career Center, a specific group within that population, or some other group that
the South Florida Workforce is aiming to serve.
Temporary Assistance for Needy Families (TANF): The October 1996 PRWORA eliminated the open-ended
federal entitlement program, Aid to Families with Dependent Children (AFDC), and replaced it with the
Temporary Assistance for Needy Families (TANF) block grant. The TANF legislation changed the nation's
welfare system from the receipt of cash assistance as an entitlement to one that requires work in exchange for
time -limited assistance.
Temporary Employment: Employment 150 days or less which is temporary due to the nature of the work, like
harvesting, or due to annual cycles in the labor market, like Christmas season retail sales.
Trade Adjustment Assistance (TAA): Federally funded program that assist workers who are totally or
partially separated or may become separated from employment as a result of imports.
Training Services: Occupational skills training, provided through a Scholarship, on -the -job -training, or
customized training programs that combine workplace training and related instruction, skill upgrading and
retraining entrepreneurial training, job readiness training, and adult education and literacy activities provided in
combination with other training services.
Transitional Jobs (TJ): A new type of work -based training that is allowed under WIOA. Transitional jobs are
time -limited work experiences that are subsidized and are in the public, private or nonprofit sectors for
individuals with barriers to employment who are chronically employer or have an inconsistent work history, and
are combined with comprehensive career and supportive services.
Unemployment Compensation (UC): House Bill 7027 passed during the 2012 Legislative Session was signed
by Governor Rick Scott on March 28, 2012, renaming the UC program as the Re-employment Assistance
Program.
Universal Access: An entitlement to a basic level of service that can be provided with minimal staff assistance
by a Career Center located in Miami -Dade or Monroe County.
Unsubsidized Employment: Full -tune employment of thirty (30) or more hours or part-time employment of
less than thirty (30) hours per week not directly supplemented by federal or state funds. Paid apprenticeship and
cooperative education are included in this activity. (In SNAP, full-time is 30 hours a week or more and part-time
is 29 hours a week or less.)
Veteran: For the purposes of implementing priority of service, the Final Rule published on December 19, 2008
at 73 Fed. Reg. 78132 of the "Jobs for Veterans Act" Public Law 107-288 (38 USC 4215) requires that program
operators use the broad definition of veteran found in 38 U.S.C. 101(2). Under this definition, the term "veteran"
means a person who served at least one day in the active military, naval, or air service, and who was discharged
or released under conditions other than dishonorable, as specified in 38 U.S.C. 101(2).
Veterans Program: Veterans' Program services are fully integrated into the Career Center with services to
veterans considered a total Career Center responsibility and not only the domain of the Disabled Veterans'
Outreach Program (DVOP) and Local Veterans' Employment Representative (LVER) staff.
Wagner Peyser ()VP): The Wagner-Peyser Act of June 6, 1933, as amended under WIOA. This program is a
federally funded labor exchange developed to match employers with qualified out of work individuals. It is
linked to the Re-employment Assistance program, helping applicants filing for Re-employment Assistance
benefits to find new employment opportunities.
Page 8 of 9 Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Exhibit F
Welfare Transition (WT): See the Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA) (Locally referred to as Career Advancement Program or CAP).
WIOA Adult: An individual who is eighteen (18) years or older and is economically disadvantaged as defined
by South Florida Workforce Investment Board.
WIOA Dislocated Worker: An individual who (1) has been terminated or laid off or who has received notice
of layoff or termination; is eligible for or has exhausted Re-employment Assistance and is unlikely to return to
his/her previous industry or occupation. (2) has been terminated or laid off or who has received notice of layoff
or termination; insufficient earnings, or the employer is not covered under UC law and is unlikely to return (3)
plant closure or substantial layoff (4) is employed at a facility where the employer has made a general
announcement that the facility will close within one -hundred eighty days (5) was self-employed but is
unemployed as a result of general economic conditions, (6) Displaced Homemaker (7) active service member's
spouse who lost employment due to relocation and (8) active service member's spouse who is unemployed or
underemployed and is experiencing difficulty in obtaining or upgrading employment,
WIOA Registration: Certifying and documenting the WIOA eligibility and priority of service of the individual
served. It is also the point of service delivery where performance measurement begins and the individual begins
receiving WIOA funded services.
Work Experience: planned, structured learning experiences that take place in a workplace for a limited period
of time; Work experience workplaces may be in private, for -profit, non-profit or the public sectors.
Work Maturity Skills: Skills that are required to meet employer expectations for dependability and
productivity that are essential to enable a young adult to keep a job once he or she gets hired, including, but not
limited to the following: attendance, punctuality, positive attitude/behavior, appearance, interpersonal relations
and task completion.
Workforce Innovation and Opportunity Act (WIOA): Legislation that laid the framework for delivery of
workforce services at the state and local level to job seekers who need the services, WIOA is designed to help
job seekers access employment, education, training, and support services to succeed in the labor market and to
match employers with the skilled workers they need to compete in the global economy.
Workforce Management System (WFMS) (formerly SAMS): The system for tracking participant's training
related information, i.e., expenditures and performance data and that enables career advisors to create, modify
and track budget accounts and expenditures for participants receiving support services.
Page 9 of 9
Definitions
PY 15-16 Career Center Operator
Employ Miami -Dade Project
Exhibit G
FINANCIAL CLOSEOUT PROCEDURES
I. Purpose
The purpose of this procedure is to document and provide guidance to Contractors and the South Florida
Workforce Investitient Board's (SFWIB) staff on the required process to close out contracts at the expiration
or termination date.
II. Policy
A. Contractors shall complete and submit a Financial Closeout for each contract on or before thirty (30)
calendar days after the contract expires, or upon termination of the contract. For example, if the
contract expires June 30, the Financial Closeout will be due to the SFWIB on or before July 30.
B. If the Contractor's Final Expenditure Report indicates that payments were made to the Contractor in
excess of the actual costs of providing contracted services or if the actual expenditures surpass the
budgeted amount, the Contractor shall refund the difference to the SFWIB forthwith, If the
Contractor does not repay the difference within thirty (30) calendar days following the SFWIB's
notification of overpayment, the SFWIB will charge the Contractor the lawful rate of interest on the
outstanding amount.
C. The following required Financial Closeout documents shall be submitted by the Contractor:
1. Final Expenditure Report (Enclosure 1)
2. Year to Date Reconciliation between line item budget amounts and actual expenditures
3. Year to Date General Ledger for the SFWIB's expenditures only
4. Indirect Cost Reconciliation
D. Upon the request of the Contractor, the SFWIB's Accountant will provide technical assistance on
completing the Financial Closeout.
E. Service providers shall complete and submit to SFWIB an annual fiscal audit report within six months after the
end of the fiscal year.
III. Procedure
A. Salaries /Wages
Staff persons may be paid for absences (vacations, sick leave, etc.), if such a provision for payment is
included in the Contractor's personnel policies and procedures manual that was submitted as part of
the operational documents. All Contractors are encouraged to allow staff to take time off rather than
issue payment for leave time.
Staff persons may be paid for unused vacation time once they are terminated from the program. This
payment shall be charged to staff salaries unless such payment, when added to the total salary,
exceeds the maximum salary established in the operating budget.
B. Insurance
The Contractor shall keep in force all insurance policies, which are applicable to their program(s).
Page 1 of 2 Rev, 9.1.15
C. Professional Service, Sub -Contract & Rental Agreements
The Contractor shall cancel all of the following services, which will not be applicable to any future
contract with the SFWIB:
1, All professional service agreements and sub -contract agreements paid by funds generated from
this Contract;
2, All rental contracts associated with office space, equipment, and/or vehicles and maintenance
contracts which are paid with funds generated from this Contract;
3. All utility services associated with the operation of Contractor's program (i.e. telephone,
electricity, water) paid by funds generated from this Contract.
D. Completion of Financial Closeout
Final Expenditure Report (Enclosure 1):
The Contractor shall submit an actual expenditure report within thirty (30) days following the
end of the contract. This report shall reflect:
• A summation of the cumulative expenditures incurred by the Contractor for providing
the contracted services.
• A summation of the cash reimbursements and credits received by the Contractor for
providing the contracted services.
• The difference between the approved expenditures and the reimbursements received by
the Contractor. This difference will reflect either an amount that is due and payable to
the Contractor or an overpayment that the Contractor received that is due and payable
to the SFWIB.
2. Year to Date Reconciliation between line item budget by fund and actual expenditures
(Enclosure 2):
Actual expenditures billed to the SFWIB should be equal to or less than line item budget. The
SFWIB Year to Date General Ledger must be presented as supporting documentation.
3, Indirect Cost Reconcilation: noting indirect costs charged in comparison to actual indirect
cost. Refunds may be requested for overages.
E. The SFWIB's Accountant Responsibility
The SFWIB's Accountant assigned to the contract will provide technical assistance to complete the
Financial Closeout upon request.
The SFWIB's Accountant will perform the following functions:
1. Verify that all required enclosures are completed accurately, signed and dated.
2. Verify Contractor's total expenditure against the financial records and the budget amounts to
confirm there are no overages.
Page 2 of 2
(Enclosure 1)
Exhibit G
Contractor Name:
Program Name:
Prepared By:
Index Code:
CUMMULATIVE PROGRAM EXPENDITURES
Year to Date Expenditures Approved by SFWIB (from Reimbursement Requests)
Purchases made by the SFWIB on behalf of the Contractor
Less: Year to Date Late Invoicing Amount
Total Expenditures
CUMMULATIVE REIMBURSEMENTS
Year to Date Cash Payments Received from the SFWIB from
Performance
Purchases made by the SFWIB on behalf of the Contractor
Total Reimbursements
BALANCE DUE TO / FROM CONTRACTOR
Please detail any balance(s) due from Contractor by reimbursement packages:
$
$
$
$
$
Pursuant to the terms of this Contract between the Contractor listed above and the SFWIB, and in consideration of the total
amounts earned and paid to the Contractor for performance, which equals $ the Contractor does remise,
release, and discharge the SFWIB, its officers, agents, and employees, of and from all liabilities, obligations, claims, and
demands whatsoever under or arising from the Contractual Agreement. The Contractor's submission of the Financial
Closeout Package is a complete release and waiver of any and all liability, claims or causes of action that allegedly
resulted from engagement of and/or performance under this Contract and acknowledges the SFWIB has fully
performed and satisfied any and all of its obligations due under this Contract.
Name of Official Authorized to Sign the Contract
Signature of Official Authorized to Sign the Contract /Date
(Enclosure 2)
Exhibit G
CLOSEOUT RECONCILIATION (Sample)
1 2 3 4 5 6 7
Budget Budget Revised Actual Difference General Difference
Adjustment Budget * Expenditures (3-4) Ledger (6-4)
Programmatic
Salary
Fringes
FICA/MIC
Health Insurance
Other Participant Cost
Other Costs
Indirect Costs
Profit (Profit Entities only)
Total
Administrative
Salary
Fringes
FICA/1YIIC
Health Insurance
Other Participant Cost
Other Costs
Indirect Costs
Profit (Profit Entities only)
Total
Grand Total
*Revised Budget must equal zero (0) by fund and function
Exhibit I
Contractor Name:
Index Code:
Location Code:.
Program Code:
Service Provider Code:
Prepared By:
Telephone #:
Invoice Date:
Invoice Period:
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$ _
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fitsPa
FringeEMSBen
(Le field trips, snacks, etc.) (please Identify)
-
$ _
pant costs
Non -WINS Participant -
8
1
8
2
$
3
$
Other Costs
Cost (based on approved rale)
Indirect Programmatic
Profit (for profitentities only)
a
a
a -
4 _
8 _
$ _
$ _
$ -
$
$ _
JOB BEADINESS - •_..
Staff Salaries
Fringe Benefits
TOTAL JOB READINESS COSTS $
TRAINING PROGRAM MANAGEMENT COSTS
Staff Salaries.
Fringe Benefits
$
$ $ - $ _ $ - $ - $ - $ - $
$
TOTAL TRAINING PROGRAM MANAGEMENT COSTS $
$
Staff Salaries
Fringe Benefits
TOTAL TRAINING CASE MANAGEMENT COSTS $ - $
TOTALPROGRAM_COSTS -,
Staff Salaries
- $ - $ - $
$ - $
Fringe Benefits
All Other Costs
Indirect Programmatic Cost (based on approved. rale).
Profit (for profit entitles only)
TOTAL PROGRAM 0STS BILLED`
TOTAL P.i3OGMM COSTSi SOT,BILLED- ',
ADMINISTRATIVE COSTS •
Indirect Costs (based on approved rate)
Other Direct Administrative Costs (please detail)
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
c TOTAf--APMINISTRATIVE COSTS BILLED) $
=TOTAL ADMINISTRATIVEICOSTS NOT'BILLED , „
TOTAL PAYMENT
TOTAL PAYMENT
Training Program Management (TPM) Costs directly related to developing. Implementing, or coordinating authorized training programs (not services to Individuals)
Training Case Management (TCM) - Staff expenditures directly related to: case management and Job placement services for clients In training (not clients seeking training). This Includes staff expenditures associated with the provision of support services
to individuals while they are In training.
The salary information and distribution across program funding streams are accurate and supported through
detailed personnel activity report that meet the Uniform Guidance.
We understand that failure to maintain the required supporting documentation for staff time and all related
expenses will result In payment disallowances chat will either be deducted from tuture contract payments and/ or
payable In full to the South Florida Workforce investment Board.
Name of Person Authorized to Sign Reimbursement/Justification Packages
Signature of Person Authorized to Sign RelmbursemenUJusllhcallon Packages
Date
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