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HomeMy WebLinkAboutPrivate Industry Council Agreement -1986 05 30 .--.t '" r PRIVATE INDUSTRY COUNCIL OF SEMINOLE COUNTY. INC 4)RO HOSF'11Al no !l, [J . SAf'JFCiP.1! f l i"';f-ii['1j.. .<~.; ". lI!l 1:10"1 J(j[1~. JB105 GRANT IDENTIFICATION 85 PY 8601 AGREEMENT NO. 00 MOD. NO. May 21, 1986 DATE PREPARED CONTRACT AGREEMENT PRIVATE INDUSTRY COUNCIL CONTRACTOR PROVIDING SERVICES PRIVATE INDUSTRY COUNCIL of SEMINOLE COUNTY, INC. THE CITY OF WINTER SPRINGS 4280 HOSPITAL ROAD 1126 East State Road 434 Winter Springs, FL 32708 SANFORD, FL 32771 ,,~~~~~. CONTACT PERSON: CONTACT PERSON: NAME: Erin Orr Bowen NAME: Glenn VJhi tsett TITLE: Program Specialist TITLE: Recreation Director PHONE: 321-5627 PHONE: 305-327-1800 GRANT PERIOD 7-1-85 thru 9-30-86 CONTRACT PERIOD 6-16-86 thru 8-15-86 OBLIGATION $6914.62 LARRY STRICKLER. CHAIRMAN JAMES H. STELLING. VICE-CHAIRMAN RORERT GLUMENTRITl KENNEl H CONE fllCHAHD F ESS JIM HAHPLR CNJE ~1(jSW'CK TO~.1 Kt...lffN JOHN KNAPP MICHAEL POTTER GARTH SHOEMAKER LEWIS TRYON LINDA SPAULDING DARYL CARTE ED WELCH CLYDE CANSLER RUSSELL MONCRIEF LINDA SAWYER BOG WATSON Al FRED EUDELL JR DENNIS DOlGNER CHERYL MAUGHAN FRANK FELICETTI GARY J. EARL. EXECUTI~E DIRECTOR II - B SYETP Title JBI05 o 0 fud. No. FY 8607 PIC Agreement No. 00 Mod. No. Grant No. l\GREEMENT This AGREEMENT is made and entered into by and between the PRIVATE of Seminole County, Inc., herein referred to as the "GRANTOR" and WINTER SPRINGS .J hereinafter referred to as "CONTRACTOR". INDUSTRY COUNCIL THE CITY OF WITNESSETH: WHEREAS, the Congress of the United States has enacted the Job Training Partnership Act (JTPA) of 1982, Public Law 97-300, hereinafter referred to as the "ACT"; and, WHEREAS, pursuant to requirements of the ACT, the Governor of the State of Florida designated Seminole County, Florida, as a Service Delivery Area for the purpose of delivery of Job Training Services; and, WHEREAS, the Governor of the State of Florida has approved the Job Training Plan, hereinafter referred to as the "PLAN" and, WHEREAS, pursuant to the ACT, Seminole County established the PRIVATE INDUSTRY COUN- CIL of Seminole County, Inc., certified as in compliance with the ACT by the Governor of the State of Florida, for the purpose of delegating to said Council control and oversight of program operation; and, WHEREAS, the Seminole County and the Private Industry Council have entered into an agreement to provide for the delivery of Job Trianing Services in Seminole County; and, WHEREAS, the agreement designated the COUNCIL as the grant recipient and the enLity to administer the Job Training Plan; and, WHEREAS, the Service Delivery Area's Job Training Plan identifies a need for SYETP Work Experiences (WE) for JTPA participants; and, WHEREAS, the Contractor is ready, willing and able to provide computer payroll services and workers' compensation coverage for SYETP work experience participants working on Contractor I s property. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained in this Agreement, and subject to the terms, conditions and assurances as herein set forth, the parties do hereby agree as follows: 1. Period of Performance: The services provided under the terms of this Agreement hereinafter referred to as the "Project" are to commence on 6/16/86 and shall be undertaken and completed in conformity with the goals, objectives and schedules contained in the Agreement, as set forth in paragraph 4 of this Agreement, and in such manner and sequence as to assure expeditious completion. All services required hereunder shall be completed and the Agreement shall terminate 8/IS/B6. I 2. General Duties of Contractor: The Contractor will provide check writing services for SYETP work experience participants on a semi-monthly basis. Workers Compensation will be provided for work experience participants working on the worksite property for the duration of the Agreement. 3. Method of Payment: Grantor agrees to pay Contractor in accordance with the terms of this Agreement, for funds appropriated or otherwise made available for performance of the services herein described and the Contractor agrees to accept as full payment for the services furnished the amount of the actual allowable costs incurred by the Contractor in the performance of the Services; PROVIDED, and expressly understood and agreed to by the parties of the Agreement, that in no event will the payment to be paid hereunder exceed the sum of $ 69l4.62 It is also expressly understood and agreed that the obligation of the Grantor for the above stated payment, or any part thereof, shall only extend to payment of such monies as are appropriated by the Congress for the purpose of obtaining the services described herein and paid thereto into the treasury of the Grantor as an allowable cost under terms of applicable Federal law, as the same way from time to time be amended. a. GRANTOR agrees to compensate CONTRACTOR for expenditures set fJrth in the Contract Document and the CONTRACTOR Budqet. b. CONTRACTOR shall submit to the GRANTOR a report of Expenditure/Request for reimbursement no later than the 10th working day of the month following the month for which reimbursement is being requested. Each and every item of cost must be accompanied by documentation offering proof of payment. Reimbursement will be made to CONTRACTOR for all substantiated allowable costs reported as paid by CONTRACTOR through the last day of the reported month. c. The form in paragraph b. will also constitute the CONTRACTOR's monthly Financial Status report to the GRANTOR and as such must reflect total accrued expenditures as of the last day of the reporting month. 4. Agreement Documents: The parties hereto agree that the terms and figures set forth in the following list of documents constitute the Agreement, and said documents are hereby adopted by reference and incorporated herein as though the same were set forth verbatim and at length: a. Agreement b. General Provisions c. Special Provisions u. Monthly Budget Information Summary e. Contractor Program Budget All of said documents are filed and will be maintained on file by the Grantor. One fully executed counterpart of the Agreement will be furnished the Agency without charge by the Grantor. 2 Counterparts of Agreement: This Agreement will be executed in three counter- parts, each of which shall be deemed to be an original, and such counterparts will constitute one and the same instrument. . IN WITNESS ~IEREOF, the parties hereto have caused this Agreement to be executed effective on the date last signed by the parties. PRIVATE INDUSTRY COUNCIL OF SEMINOLE COUNTY HIC. THE BY: C. Gary J. BY: DATE: 6"/!, /3& f DATE, nJ A. .& ,7tid V 3 NOTi\RIZED STATEHENT OF AUTHORITY TO SIG:-.J CONTRACT STATE OF FLORIDA: COUNTY OF SEMINOLE: I hereby certify that on In the state and county named RICHARD ROZANSKY Authorized Person's Name this day before me, a Notary Public duly authorized above to take acknowledgements, personally appeared , to me known to be the person described as CITY MANAGER Ti tle , of CITY OF WINTER SPRINGS Contractor who executed the foregoing instr~ment; and he acknowledge before me that he executed it in the name of and for the Contractor and that he has statutory authority or has legally been duly deligated the authority to bind this Contractor. WITI~ESS my hand and official seal in the county and state named above this 30thday of MAY , 1986. ~ z: ~~L" Notary ub1ic HOTARY PUBLIC. STATE' Of FlORIDA AT L~RGE MY COMMISSION EXPIRES APRIL 4, 198 7 4 SPECIAL PROVISION TITLE 11-8 SYETP JTPA Agreement Seminole County, Florida Date: May 21, 1986 1. Contractor contents: shall retain personnel files on all participants with the following (a) W-4 (b) JTPA application (c) JTPA Enrollment/Status Change (d) Copy of social security card 2. Contractor shall retain separte files with all payroll information including attendance sheets for each participants. 3. Contractor shall retain all cancelled checks to be avaiable upon request for audit purposes and copies of all Requests for Reimbursement. 4. Participants may begin work ONLY when they present a work voucher signed and approved by a Employability Development Counselor. 5. Contractor assures that JTPA participants will receive meaningful work -experience in a fully supervised and safe working environment. 6. Contractor must post Job Descriptions for each participant. 7. Contractor per day, five wage of $3.35 agrees to provide funds to pay days per week. Each participant per hour. 6 participants to work ~hours will be apid the federal minimum 8. Contractor agrees to provide one (1) worksite supervisor, whose qualifications are commensurate with the job specifications, for up to but not to exceed twelve (12) participants. Contractor also agrees to provide an alternated worksite supervisor in the event of the worksite supervisor's absence. The Contractor agrees that the worksite supervisor or alternate supervisor will be present during participants' hours of work. Contractor agrees: a. That participants will not be paid for unworked hours. b. That the worksite will have sufficient equipment and/or material to do the assigned job and that sufficient meaningful work to occupy participants during working hours will be provided. 5 SPECIAL PROVISIONS (cont'd) c. That the worksite will comply with the Title I1-B SYETP regulations, and actively cooperate with designated representives of the Private Industry Council of Seminole County, Inc. d. Participants will sign in when reporting to work, and sign out upon completions of work daily. e. Worksite supervisor or alternate supervisor will sign time and attendance records on a daily basis, verifying the accuracy of hours worked. f. No participant will work after 8-15-86. 6 Seminole County, Florida Date: May 21, 1986 GENEHJ\L PROVISIUrJS 1. Performance of Conditions Precedent to Validity of Agreement: The Grantor and the Contractor each certifies that all conditions precedent to the valid execution of the Agreement or its parts have been satisfied. Contractolassures it possesses legal authority to participate in this Agreement, that a resulution, motion or similar action has been duly adopted or passed as an official act of the Contractor's governing body, board of directors, or officers, authorizing participation in this Agreement, including all under- standings and assurances contained therein, and directing and authorizing the person identified as the Contractor's official representative to act in connection with the Agreement and to provided such additional information as may be required. 2. Laws Applicable: It is the intent of the parties hereto that the terms and conditions of this Agreement, and the work to be performed hereunder, are subject to the applicable provisions of Federal law, and any rules and regulations lawfully promulgated thereunder, and all applicable state and local laws, ordinances, rules and regulations. 3. Compliance With the Job Training Partnership Act: a. Contractor agrees it will comply with the requirements of the Job Training Partnership Act of 1982 (P.L. 97-300), hereinafter referred to as the Act and with the regulations and policies promulgated thereunder. Contractor also agrees to comply with 41 CFR 29-70 and Office of nanagement and Budget Circular A-87 and A-I02. b. The Contractor further assures and certifies that if the regulations promulgated pursuant to the Act are ammended or revised, it shall comply with them or notify the Grantor within 30 days after promulgation of the amendments or revision that it cannot so conform, so that the Grantor may take appropriate action including termination, if necessary. 4. Restriction on Use of Agreement Funds: No funds made available pursuant to this Agreement shall be allocable to or included as a matching contribution or cost of any other Federally Financed program, either directly or indirectly in either prior or current periods to the terms of the Agreement, unless as othen/ise authorized by Feder,]l law. 7 S. l\ccouflt.ing System: Contractor 511.:111 (>stLlblisl1 LInd mLlintain on Lln accru,ll basis ,111 accoullting system in LlccordLlnce loJi th 41 CFH 2')-70 ,lnd (]enel"ally accepte? Llccounting principles ,lnn stanrlarns. Prio!;" to disbursemC'nt- of funds pursuLlnt to this i\gn'l'Clcnt, Contractor LInd Grantor shLlll rev ie".. Con- ractor' s internal control, ,lee-ounting, and report systems. Except those instances where the the system hLls been accepted by DOL, Contractor agrees to modi fy or correct said systems in accordLlnce with GrLlntor's requirements subsequent to said r-eview to accomplish the purpose of this section. The internal control process will provide for Lldequate sLlfeguards for JTPA cash and other assets, and incorporate mechanisms to check Llccuracy and reliability of Contractor 's financial data. 6. Payment Adjustments: All prior payments shall be subject to correction in the project closeout and final payment; but in the absence of error or manifest mistake, it shall be understood that all payments, when approved, shall be evidence of the services performed; PROVIDED, however, that all payments made by the Grantor to the Contractor on account of the Agreement shall be made subject to correction in accordance with the audit findings of the Grantor or the Federal Government of the Contractor's books and records relating to its costs and contributed services and work under the Agreement. 7. Suspension of Payments: The Grantor may suspend payments under the Agreement in whole or in part for failure of the Contractor to comply with the terms and conditions of the Agreement. Upon such suspension, Grantor shall inform Contractor in writing of the necessary steps to be take to correct any failure to comply with the Agreement. The Contractor shall have ten (10) working days in which to respond with a plan agreeable to the Grantor for correction of the deficiencies. Payment shall be resumed for all services performed in accordance with this Agreement and pursuant to the corrective action taken from the date of suspension. If no corrective action is taken by the Contractor, Grantor may take action as is granted by this Agreement or applicable provisions of general law, provide, however, that Contractor shall have the right to appeal in accordance with Paragraph 15 of these General Provisions. Until final deter- mination of such appeal, Contractor shLlll be paid only for those services \,;hich the Grantor determines to be in compliancl' .....ith this l\r,recment. O. Bondln<J: If Contractor is to receive advance funding, every officer-, dIrector, Llgent or employee of the Contractor who is authorized to act on behalf of the Contractor for the purpost' of receiving or depositing funds into program Llccounts, or IssuIng financiLll documents, checks; or other instru- m('nts of payment for program cost '; Sholl I he hnnc1ed as follows: 8 a. SlOO,OOO, or b. The highest advance received through check or drawdown during the preceding grant year considering all JTPA contracts, or fDr new Con,,:" tractors, the highest advance planned for the present grant year considering all JTPA contracts. 9. Confidentiality of Participant Information: The Contractor agrees to maintain the confidentiality of any and all information regarding project participants, or their immediate families that identifies or may be used to identify them, and which may be obtained through application forms, interviews, tests, reports from public agencies or counselors, or any other source. Such information may be publicly divulged only upon the ~itten permission of the participant and to the extent per- mitted by Florida Statutes. 10. Records and Reports: a. At such times and in such forms as the Federal Goverment, the State or the Grantor may require, there shall be furnished to the Federal Govern- ment or the Comptroller Gereral or the State or the Grantor, such statements, records, reports, data and information as the Federal Government, State or Grantor may request pertaining to matters covered by the Agreement, or related to implementation of the Agreement. Contractor further agrees to give the State, Grantor, the Department of Labor and the Conptroller General, through any authorized representative, the right, during normal business hours, to audit, examine and make excerpts, transcripts or copies from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel conditions of employment and other data relating to any and all matters covered by the Agreement, or related to implementation of the Agreement. All records pertaining to this Agreement shall be retained by the -Contractor for a period of five years. b. Contractor agrees to comply with such additional requirements as to maintenance of records as the Grantor may request in writing. In the event that the Contractor cannot continue to be responsible for maintenance of the records, then the Grantor shall be so notified in order to take custody of any and all records established under this Agreement. 11. Project Monitoring and Project Closeout: a. At any time during the term of this Agreement, Contractor shall permit the Secretary of Labor, Comptroller General, or the Grantor, or their author- ized representative to monitor project performance pursuant to the terms of this Agreement. ) g b. ProJect closeout clpon completion of the project or upon termination of this Agreement shall be perfqrmed in accordance with the terms and conditions of JTPA Regulations. Except as expressly waived by the Grantor, project closeout shall be completed prior to final payment for services performed pursuant to this Agreement. Contractor shall provide to Grantor such infor- mation and materials and within such time period as Grantor may require necessary to complete projcct closeout in accordance with said Federal Regula tions. 12. Sub-Contracting: The Contractor shall-not assign of sublet the whole or any part of the work and services called for by the Agreement without the prior consent of the Grantor. Services subcontracted under the Agreement shall be specified by written agreement and shall be subject to each applicable provision of this Agreement. The Contractor shall give the Grantor irmneditate notice in writing of any action or suit filed, and prompt notice of any claim made against the Contractor by any subcontractor or vendor which in the opinion of the Contractor may result in litigation, related in any way to the Agreement, with respect to which the Contractor may be entitled to reim- bursement from the Grantor. 13. Insurance: The Contractor shall not commence work under this Agreement until all insurance required hereunder and certificates of proof have been furnished the Grantor, nor shall the Contractor allow any subcontractor or agent to commence work until all similar insurance required of the Contractor has been so obtained and approved. Such insurance shall be in the amounts and type of coverage as required by Federal or Florida State law applicable to the Contractor. a. Contractor agrees to provide Grantor with proof coverage and liability insurance (if applicable). If insured, the insured plan must be submitted to Grantor approval. of Worker's Compensation Contractor is self- for Department of Labor 14. Changes: The Grantor may, at any time, by written order, and without notice to the sureties, make changes which shall be within the general scope of this Agree- ment, and which shall be binding upon the Contractor. If any change causes an increase or decrease in the cost of, or time required for perfor- mance of any part of the work under this Agreement, and equitable adjustment shelll be made in the Agreement price and the Agreement shall be modified in writing accordingly. l\ny claim by the Contractor for adjustment under this Section must be a~j~;ert('cl '..:ithin fifteen (15) days from date of receipt by the Contractor of the notification of changes; provide, however, that the Grantor may receive LlneJ act upon any such claim asserted at any time prior to final payment under thi:, l\qr(,cl'1l'n t. 10 15. Disputes: a. Except as otherwise provided in the l\ct and the rcqulations promulgated thereunder, any dispute concerning applicability or interpretation of the i\grcement or Contractor's performance of the ^greement which is not disposed of by agreement of parties shall be decided by the Grantor, which shall reduce its decision to writing and mail or otherwise furnish a copy thereof to the Contractor. The decision of the Grantor shall be final and conclusive unless within fifteen (15) days from the date of the receipt of such copy, the Contractor mails or otherwise furnishes to the Grantor a \-Jritten appeal. b. Said appeal shall be heard by the Grantor's designated Hearing within a reasonable time of receipt by the Grantor of Contractor appeal. Contractor shall be afforded reasonable notice of said and an opportunity to be heard and to offer evidence on its behalf cross-examine witnesses. Officer written hearing and to c. Upon determina tion by the Hear ing Of f icer , Con trac tor sha 11 be so informed and the determination will be referred to the Council for decision. d. Subsequent determination, the provisions to final determination Contractor has the of JTPA Regulations. by the Council and only upon final right to further appeal pursuant to e. During the pendency of any appeal hereunder, Contractor agrees to pro- ceed diligently with the performance of this Agreement in accordance with Grantor's ['..-oni8:13 det:ermination, subject to the appeal and fianl determination entered therein. f. This section shall not be construed to preclude consideration of legal issues in connection with the subject matter of the appeal, provided that llucnlng in this Agreement shall be construed as makinq final the decision of any administrati\;~ official, re;>..-",::;:"..f_::lt':'V2, GL- board on a question of law. 16. Termination: The performance of work under this Agreement may be terminated ny toe Grantor in whole or in part for either of ,_he two following circumstances: a. Termination for Convenience - Either the Grantor or the Contractor may request a termination for convenience. The Grantor will give a thirty-calendar day advance notice in writing to the Contractor of the effective day of such a termination. The Contractor shall be enti tIed to receive just and equitable compensation for any services satiSfactorily performed hereunder through the date of tprmination. 11 b. Termination for Cause - The Grantor mclY terminate this Agreement when it has determined that th{> Contractor has failed to provided any of the services specified or comply with any of the provisions contained in this Agreement. If the Contractor .fails to perform in whole or in part under this Agreerr.ent or fails to make sufficient progress so as to endanger performance, the Grantol- will notify the Contractor of such unsatisfactory performance in writing. The Contractor has ten (10) working days in which to respond with a plan agreeable to the Grantor for correction of the deficiences. If the Contrac- tor does not respond within the appointed time, or does not respond with appropriate plans, the Grantor will serve a termination notice on the Con- tractor which will become effective not less than fifteen (15) days after receipt. In the event of such termination, the Contractor shall be liable for payment only for services rendered prior to the effective date of the termination, provided that such services performed are in accordance with the provisions of this Agreement. c. The Contractor shall have the right to appeal any such determination made by the Grantor pursuant to b. above except that if the Contractor had failed to submit his appeal within 30 calendar days from the date of the termination notice and has failed to request extension of such time, he shall have no such right of appeal. The appeal shall be governed by JTPA Regulations. d. If the funds anticipated to be received by the Grantor pursuant to the Act under which this Agreement is funded, are suspended or terminated in whole or in part, then the Agreement shall be terminated in accordance with instructions as received from the Private Industry Council of Se:'1inole County, Inc. e. Upon termination, final payment shall be made upon project closeout as provided in Paragraph eleven (11) herein, and in arriving at the amount due Contractor hereunder, there shall be deducted: (1) All unliquidated advance or other payments on account theretofore made to the Contractor, applicable to the terminated portion of this Agreement; (2) Any claim which the Grantor may have against the connection with this Agreement; and Contractor In (3) The agreed-for price for, or the proceeds of the sale of, any materials, supplies, or other things acquired by the Contractor or sold, pursuant to the provisions of the clause, and not otherwise recovered by or credited to the GrLlntor. f. If the termination hereunder be partial, prior to the settlement of the terminated portion of this Agreement, the Contractor may file with the Grantor a request in writing for an equitable adjustment of the price or prIces specified in the Agreement relating to the continued portion. 12 17. Hold Harmless: The Contractor shall hold and save the Grantor, its officers, agents and employees harmless from liability of any nature of kind, including costs and expenses, for or on account of any suits or damages of any character whatsoever resulting from injuries or damages sustained by any person or property resulting in whole or in part from the negligent performance or omission of any employee, agent or representative of the Contractor. , 18. Rights and Remedies Not Waived: No payment by the Grantor to Contractor shall be construed as a waiver by Grantor of any breach or default of Contractor in performance of any requirement of this Agreement; nor shall such payment impair or prejudice any right of the Grantor with respect to such breach or default; nor shall any assent by Grantor expressed or implied, to such breach or default, be construed as assent to any succeeding breach or default. 19. Independent Contractor: No provision of this Agreement shall be construed as creating an agency or employment relationship between Grantor and Contractor; and Contractor in performance of this Agreement shall be considered an independent contractor. 20. Conflict of Performance Requirements: It is agreed that neither party hereto has made any statement, promise or agreement or taken upon iself any engagement whatever, verbally or in writing, in conflict with the terms of this Agreement, that in any way modifies, varies, alter, or enlarges, assigns, or invalidates any provlslons hereof. 21. Titles and Headings: Titles and headings are utilized for convenience of reference only and shall not affect the provisions of the Agreement or interpretation thereof. 13 .PIC (General Provision) JTPA ENROLLMENT/TERMINATION PROCEDURE Contractor agrees that, as a condition of receiving funds u~der the Job Training Partnership Act of 1982, it will adhere to and abide by the following procedures: 1. Private Industry Council will determine eligibility for participant enrollment in all JTPA activities. Contractor will refer applicants to PIC for eligibility determination, according to recruitment and referral provisions contained in indi- vidual Contractor Agreements. 2. PIC Counselors will assess training needs of eligible applicants and prepare Employability Development Plans (EDP) for applicants being considered for enrollment in all JTPA activites except Summer Youth Program. No EDP is required for Summer Youth Program participants. 3. PIC Counselors will consider recommendations of referring agency in determining JTPA programs appropriate for referred applicants. 4. Upon selection for enrollment, PIC Counselor will contact applicant and set appointment for signing enrollment forms. No participant may begin a JTPA activity until required enrollment forms have been signed. 5. Agencies and Contractor ~ill notify PIC Counselor promptly (by phone) when participants are terminated. 14 f i'FUGHi\I1 BUDCET Agreement Nbr: , Modificati?n Nbr: Grant Period: 8607 00 -1-85 thru 9-30-86 Contractor: Contract Period: THE CITY OF WINTER SPRINGS -16-86 thru 8-15-86 Title/Project: TITLE lIB SYETP Program Activity: Work Experience Cost Category: Training Wages To Participants: 6 participants @ $3.35/hour, 8 hrs/day, 39 days $ 6271.20 s Fringe Benefits FICA @ 7.15 $ 448.39 195.03 Workman's Camp. @ 3.11. Transportation: TOTAL BUDGET s 6914.62