HomeMy Public PortalAbout10-8057 South Florida Workforce Investment Board Sponsored by: City Manager
RESOLUTION NO. 10-8057
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA TO DIRECT AND AUTHORIZE
THE CITY MANAGER TO ACCEPT THE GRANT FROM THE
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
(SFWIB), FLORIDA BACK-TO-WORK SUBSIDIZED
EMPLOYMENT PROGRAM CONTRACT TO PROVIDE
EMPLOYMENT FOR INDIVIDUALS WHO ARE ELIGIBLE
UNDER THE TEMPORARY ASSISTANCE FOR NEEDY
FAMILY (TANF) GUIDELINES, IN THE AMOUNT OF ONE
HUNDRED EIGHTY-FOUR THOUSAND SIX HUNDRED
NINETY SEVEN DOLLARS AND EIGHTY-EIGHT CENTS
($184,697.88); PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Florida Back-to Work Program is a one-time agreement under
the American Recovery and Reinvestment Act of 2009 (ARRA) to fund Subsidized
Employment Initiative under the Temporary Assistance for Needy Family (TANF)
guidelines; and
WHEREAS, the City of Opa-locka desires to utilize the Temporary Assistance
for Needy Family(TANF) program to subsidize thirteen (13)job positions; and
WHEREAS, the South Florida Workforce Investment Board (SFWIB) will
reimburse 95% of the cost of the wage or salary and the City will be charged a program
fee up to $2,390.78, as the required match, which will be deducted from the reimbursable
on a monthly basis:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 10-8057
Section 2. The City Commission of the City of Opa-locka, Florida, directs
and authorizes the City Manager to accept the grant from the South Florida Workforce
Investment Board (SFWIB), Florida Back-To-Work Subsidized Employment Program
Contract in the amount of One Hundred Eighty-Four Thousand Six Hundred Ninety
Seven Dollars and Eighty-eight Cents ($184,697.88).
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 28th DAY OF April,2010.
E' ; .'KELLEY
MA OR\.
Attest:
4 //AI - '/I fi
eborah S. Irby Jo:.s
City Clerk I rim qty Attorney
Moved By: JOHNSON
Seconded by: TAYLOR
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: NOT PRESENT
Vice Mayor Taylor: YES
Mayor Kelly: YES
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ORATE
Memorandum
TO: Mayor Joseph L. Kelley
Vice-Mayor Myra L. Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
o missi e Rose Tydus
FROM: Warai4rAtWat erson, 1 y Manager
DATE: April 20,2010
RE: Acceptance and Authorization of South Florida Workforce Investment Board,
Florida Back-to-Work Subsidized Employment Program Contract and Ratify
Contract Agreement Attached Hereto.
Request: STAFF IS REQUESTING THAT THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA AUTHORIZE ACCEPTANCE OF THE GRANT FROM
THE SOUTHFLORIDA WORKFORCE INVESTMENT BOARD (SFWIB) TO
PROVIDE EMPLOYMENT FOR INDIVIDUALS WHO ARE ELIGIBLE
UNDER THE TEMPORARY ASSISTANCE FOR NEED FAMILY (TANF)
GUIDELINES IN THE AMOUNT OF ONE HUNDRED AND EIGHTY-FOUR
THOUSAND SIX HUNDRED AND NINETY SEVEN DOLLARS AND
EIGHTY-EIGHT CENT ($184,697.88), AND RATIFY CONTRACT
AGREEMENT ATTACHED HERETO.
Description: The Florida Back-to-Work Program is a subsidized employment project. Funds under
this agreement are a one-time funding awarded under the American Recovery and
Reinvestment Act 2009 (ARRA) to fund Subsidized Employment Program Initiative
under the Temporary Assistance to Needy Families (TANF). The City of Opa-locka
requested funding for thirteen (13) jobs positions. This agreement commenced on
April 16, 2010 and will terminate on September 30, 2010.
Financial Impact: SFWIB will reimburse employer 95% of the cost of wages or salaries. The City
will be charged a program fee up to $2,390.78 and will serve as the required match.
The match will be deducted from the reimbursable on a monthly basis.
Implementation Time Line: Legislation effective immediately from the date of adoption.
Legislative History: None
Recommendation(s): Staff recommends the adoption of the Resolution to authorize the
acceptance and authorize the City Manager to execute the contract and
ratify the SFWIB Back-to-Work agreement attached.
Analysis: None
ATTACHMENT(S): Copy of the South Florida Workforce Investment Board Subsidized
Employment Agreement, Required Documents, Certifications and Exhibits.
PREPARED BY: Charmaine Parchment
END OF MEMORANDUM
sou florida ;,
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Employ Florida
April 16, 2010
Mr. Clarence Patterson
City Manager
City of Opa-Locka
780 Fisherman Street
Opa-Locka, FL 33054
Subject: Florida Back to Work Agreement
Dear Mr. Patterson:
Three (3) sets of the Agreement between the City of Opa-Locka and the South Florida
Workforce Investment Board for the Florida Back to Work Subsidized Employment
Program are enclosed for your signature.
Also enclosed is an Operational Documents Package that is required to be submitted with the signed
Agreement. Please sign all three (3) sets of the Agreement and return them, along with the required
Operational Documents, completed and signed, to the attention of Jennifer Montiel-Perez,
Contracts Manager.
Once the Agreements are executed, we will return one (1) original to you. Should you have any
questions or concerns, please contact Ms. Montiel-Perez at (305) 594-7615 ext. 321.
Sin rely,
Rick Beasley
Executive Director
South Florida Workforce Investment Board
Enclosures
Pc: Gustavo Alonso
Cheri Kavehersi
Madalyn Uptgrow
Central File
7300 Corporate Center Drive, Suite 500, Miami, FL 33126-1234
Telephone:(305)594-7615 TTYITDD:(305)470-5529 wvw.SouthFloridaWorkforce.com
The South Florida Workforce is an equal opportunity empioyerlprogram.Auxiliary aids and services are available upon request to individuals with disabilities.
OPERATIONAL DOCUMENTS
REQUIRED DOCUMENTS, CERTIFICATIONS & EXIIIBITS
FLORIDA BACK TO WORK PROGRAM
7
Employer Name: ,/ 7 Citict - t ''�':Clc Date: f�. ti j/1
Complete this checklist to assist submitting the documents required by South Florida Workforce Investment Board(SFWIB).
5 q Y ( WIB).
SUBMITTED
DOCUMENT (Yes/No) COMMENTS
CONDITIONS PRECEDENT:
1. Organizational Responsibilities of Designated Staff, including ,
Signatures(Exhibit C of the Agreement) Y
2. Corporate/Board Resolution/Proprietor/or LLC Affidavit
3. State of Florida Current Year Corporate Registration Certificate yes Sunbiz information on File with SFWIB
4. Form 941 and W-9 --Request for Taxpayer Identification Number
and Certification. Yes On File with SFWIB
5 Proof of Required Insurances:
Commercial General Liability Yes On File with SFWIB
Worker's Compensation Insurance
6. Worker's Unemployment Insurance Yes On File with SFWIB
REQUIRED CERTIFICATIONS:
7. Certification Regarding Lobbying.
8. Certification Regarding Debarment, Suspension,and Other Matters. ', "__s
9. Public Entity Crime Affidavit. Ye',j
10. Certification Regarding Drug Free Workplace
11. Florida Clean Indoor Air Act /t_P,j'
12. Non-Discrimination and Equal Opportunity
13. Sarbanes-Oxley Act of 2002 f} r'j•
OTHER CONTRACT DOCUMENTS WHICH REQUIRE
SIGNATURE
14. Supplemental Provisions for Subsidized Employment Agreement <'7
(Attachment 1 of the Agreement)
15. Code of Business Ethics(Exhibit D of the Agreement) TJ (%
-
DO NOT WRITE BELOW THIS LI.NE
I HAVE REVIEWED ALL REQUIRED OPERATIONAL DOCUMENTS AND FIND THEM TO BE ACCEPTABLE
Date
Date
Contracts Administrator Date
FORM F-1-- CHECK LIST FOR SUBMITTING REQUIRED DOCUMENTS
CERTIFICATION REGARDING LOBBYING,FOR CONTRACTS,GRANTS,LOANS,AND
COOPERATIVE AGREEMENTS
The Employer certifies,to the best of the Employer's knowledge and belief, that:
1. 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.
2. 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 Employer 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.
City of Opa—Locka
Employer
Clarance Patterson, City Manager
Name and Title of Certif'yi g Representative
Signature of Certifying Representative
,3/4,V2 CV
Date
*Note: In these instances, "all", in the Final Rule is expected to be clarified to show that it applies to covered
contract/grant transactions over$100,000 (per OMB).
CERTIFICATION REGARDLNG DEBARMENT,SUSPENSION,
AND OTHER RESPONSIBILITY MATTERS
1. As required by the regulation implementing EO No. 12549 and 12689, Debarment and Suspension, 29 CFR
98,the Employer certifies to the best of Employer's knowledge and belief, to the following:
a. The Employer is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department,Agency or Subcontractor;
b. The Employer has not, within a three-year period preceding this application/agreement, 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 a public (Federal, State, or
local) transaction or Agreement under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
making false statements, or receiving stolen property;
c. The Employer 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 1.b of
this certification; and
d. The Employer has not, within three-year period preceding this application/agreement, had one or more
public transactions(Federal, State, or local)terminated for cause or default.
e. The Employer shall comply with the language of the certification with regards to Employer's
Subcontractors. Employer shall ensure and require the same certification from its Subcontractor(s),
which shall be forwarded to SFWTB along with the request to subcontract as required by this
solicitation/Contract.
2. Where the Employer is unable to certify to any of the statements in this certification, such Employer shall
submit an explanation to SFWIB attached to this form.
City of Opa-Locka
Employer
Clarance Patterson, City Manager
Name and Title of Certifying;Representative
C — --)
Signature of Certifying Representative
sue' -L,2 f 2�1/ ,
Date /
SWORN STATEMENT UNDER SECTION 287.133(3)(a),FLORIDA STATUTES,
ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER
OFFICER AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to South Florida Workforce Investment Board
[print name of public entity]
by Clarance Patterson, City Manager
[print individual's name and title]
for City of Opa—Locka
[print name of entity submitting sworn statement]
whose business address is 780 Fisherman Street, 4th Floor, Opa—Locka, FL 33054
and (if applicable) its Federal Employer Identification Number(FEIN) is 59-6000394 (if the entity has
no FEIN, include the Social Security Number of the individual signing this sworn statement:
.)
2. I understand that a"public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of
any state or federal law by a person with respect to and directly related to the transaction of business with any business
with any public entity or with an agency or political subdivision of any other state or of the United States, including,but
not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion,
racketeering,conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes,means a finding
of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial
court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict,
nonjury trial, or entry of a plea of guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes,means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The
ownership by one person of shares constituting a controlling interest in another person, or a pooling of
equipment or income among persons when not for fair market value under an arm's length agreement, shall be
a prima facie case that one person controls another person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a"person" as defined in Paragraph 287.133(1)(e)Florida Statutes means any natural person or entity
organized under the laws of any state or of the United States with the legal power to enter into a binding contract and
which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise
transacts or applies to transact business with a public entity. The term "person" includes those officers, directors,
executives,partners,shareholders,employees,members,and agents who are active in management of an entity.
Page 1 of 2
6. Based on information and belief, the statement which 1 have marked below is true in relation to the entity submitting
this sworn statement. [indicate which statement applies]
X Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in the management of the entity, nor any
affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1,
1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in management of the entity, or an affiliate of
the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners,
shareholders, employees,members, or agents who are active in the management of the entity, or an affiliate
of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida,Division
of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in
the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a
copy of the final order]
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE
PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND,
THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED.
I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING
INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA
STATUTES, FOR CATEGORY':TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[signature]
�041—Swnrn-to-and-sub r cribed before me this day of 1�/ I 20
/ersonally known
ORProduced iafication Notary Public—State of
My commission expires
(Type of Identification)
(Printed,typed, or stamped Commissioned name of Notary Public)
o��"Y°��r FAYE DOUGLAS
¢ MY COMIASSION II DO 962152
r.. EXPIRES:February 16,2014
iP'sf,'�� 'c Bonded Toro betel Noisy Won
176G*USL/('
Page 2 of 2
CERTIFICATION REGARDING A DRUG-FREE WORKPLACE
The Employer assures and guarantees that Employer 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, as follows:
1. The Employer shall publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of controlled substance is prohibited in the workplace and specifying
consequences of any such employee violation.
2. The Employer shall establish a drug-free awareness program to inform employees of the dangers of drug
abuse in the workplace, the Employer's policy of maintaining a drug-free workplace/training site, availability
of counseling, rehabilitation, and employee assistance programs; and penalties which may be imposed for
drug abuse violations.
3. The Employer shall give a copy of the policy statement to each of the Employer's employees and customers
engaged under this Agreement.
4. The Employer shall notify the employees and customers in such statement that as a condition for employment
or participation in training under this Agreement, the employee and/or customer will abide by the terms of the
statement and notify the Employer of any conviction or violation of a criminal drug statute in the
workplace/training site no later than five (5)calendar days after the conviction.
5. The Employer agrees to take disciplinary action against any employee or customer convicted for violation of
any criminal drug statute in the workplace/training site or require the participation in a drug abuse assistance
or rehabilitation program in the case of an employee only.
6. The Employer further assures that Employer will notify the SFWIB within five (5) calendar days, of any
criminal drug statute violation by a Employer's employee or customer engaged under this Agreement.
City of Opa—Locka
Employer
Clarance Patterson, City Manager
Name and Title of Certifying Representative
.T.4.:'i 'C_w..
Signature of Certifying Representative
Date
FLORIDA CLEAN INDOOR AIR ACT
The purpose of the Florida Clean Indoor Air Act (FCIAA) 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.
FCIAA Provisions -----_--- _- _ _-_ -
• Prohibition—A person may not smoke in an enclosed indoor workplace, except as specified below (s.386.204,
F.S.).
Enclosed, indoor workplace means— Any place where one or more persons engages in work, and which place is
predominantly or totally bounded on all sides and above by physical barriers, regardless of whether such barriers
consist of or includes, without limitation, uncovered openings; screened or otherwise partially covered openings; or
open or closed windows,jalousies, doors, or the like.
The Department of Health considers enclosed indoor workplace to include, but not limited to the following:
♦ Public and private workplaces
♦ Restaurants
• Bowling centers
♦ Private country clubs
♦ Hotels/motels (excluding guest rooms)
• Beauty/barber salons
♦ Libraries
♦ Auditoriums/theaters
♦ Nursing homes/health care facilities
♦ Educational facilities (private or public)
❖ Penalties — Any person who violates s. 386.204, F.S., commits a non-criminal violation as defined in s.
775.08(3), F.S., punishable by a fine of not more that $100 for the first violation and not more that $500 for
each subsequent violation. Jurisdiction shall be with the appropriate county court(s. 386.208, F.S.).
❖ Specific exceptions—Smoking is permitted in the following indoor locations (s.386.2045, F.S.):
♦ Customs Smoking Room—s. 386.205, F.S.
♦ Private Residence—as defined in s. 386.203(1), F.S.
• Stand-Alone Bar—as defined in s. 386.203(11),F.S.
♦ Retail Tobacco Store—as defined in s. 386.203(8),F.S.
• Designated Smoking Guest Rooms at Public Lodging Establishments—as defined in s. 386.203(4), F.S.
♦ Smoking Cessation Program, Medical or Scientific Research—s. 386204(5), F.S.
♦ Membership Association—as defined in s. 386.203(13), F.S., and provided that noncommercial activities
are performed by members of the membership association.
Page 1 of 2
s
Key Points of the Law 1
• Posting of signs; requiring policies — The person in charge of an enclosed indoor workplace that prior to
adoption of s.20, Art. X, Florida Constitution was required to post signs stating that smoking was permitted.
Until July 1, 2005, must continue to post signs stating that smoking is NOT permitted in the enclosed indoor
workplace (s. 386.206, F.S.).
♦ The proprietor or other person in charge of an enclosed indoor workplace must develop and implement a
policy regarding smoking prohibitions.
The following places are required to post signs if smoking is permitted:
♦ A licensed stand-alone bar(at entrance),
♦ A customs smoking room (airport in-transit lounge),
♦ A smoking cessation program where tobacco smoking is an integral part of the cessation program approved
by the Department of Health, and
♦ Where scientific or medical research is being conducted and tobacco smoking is an integral part of the
research.
• Public announcement in mass transportation terminals —Terminals of public transportation carries located
in standard metropolitan statistical areas with populations over 230,000 are required to announce over public
address systems every 30 minutes, in appropriate languages, that Florida is a clean indoor air state and that
smoking is not allowed except in a customs smoking room in an in-transit lounge (s. 386.211, F.S.).
Smoking prohibiting near school property; penalty — Smoking is prohibited for any person under 18 years
of age in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or
secondary school. The law provides for penalties (s. 386.212,F.S.).
Administration & Enforcement
The Department of Health shall enforce the FCIAA in workplaces not regulated by the Department of Business and
Professional Regulation.
City of Opa—Locka
Employer
Clarance Patterson. City Manager
Name and Title of Certifying Representative
6(4�°'c - ��., _.. i-?.-e..-pew_
Signature of Certifying Representative
LT / L t„,-/c�
Date
Page 2 of 2
NON-DISCRIMINATION,EQUAL OPPORTUNITY,AND AMERICANS WITH DISABILII'1ES ACT
As a condition to the award of financial assistance from the Department of Labor under Title I of the Workforce
Investment Act of 1998, the Employer assures that Employer will comply fully with the non-discrimination and
equal opportunity provisions of the following laws:
1. Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits discrimination against all
individuals in the United States on the basis of race, color, religion, sex, 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 WIA Title I — financially
assisted program or activity;
2. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,
color, and national origin;
3. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified
individuals with disabilities;
4. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age;
5. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of
sex in educational programs;
6. Section 654 of the Omnibus Budget Reconciliation Act of 1981 as amended, 42 U.S.C. 9849, which prohibits
discrimination on the basis of race,creed, color, national origin, sex, handicap, political affiliation or beliefs;
7. The American with Disabilities Act of 1990, P.L. 101-336, which prohibits discrimination on the basis of
disability and requires reasonable accommodation for persons with disabilities;
8. 45 CFR 98, the Temporary Assistance for Needy Families Program (TANF), 45 CFR Parts 260-265, and
other applicable federal regulations and policies promulgated hereunder, and
9. Executive Order (EO) No. 11246, Equal Employment Opportunity, as amended by EO No. 11375, and as
supplemented in Department of Labor regulation 29 CFR parts 33 and 37 as well as 41 CFR, part 60 and 45
CFR part 80; if applicable.
The Employer also assures that Employer will comply with 29 CFR Part 37 and all other regulations implementing
the laws listed above. This assurance applies to Employer's operation of the WIA Title I — financially assisted
program or activity and to all agreements the Employer makes to carry out the WIA Title I — financially assisted
program or activity. The Employer understands the United States has the right to seek judicial enforcement of this
assurance.
City of Opa—Locka
Employer
Clarance Patterson, City Manager
Name and Title of Certifyin"Representative
[/
• ,,f 1-4 .w°2.. _� Gib 77—<('
Signature of Certifying Representative
/2 c' /c'%
Date
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 Employer assures that the Employer 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".
City of Opa—Locka
Employer
Clarance Patterson, City Manager
Name and Title of Certifying Representative
(;),(1 -
Signature of Certifying Representative
c`/zcre-
Date
— --- - -- SUBSIr-'',ED EMPLOYMENT AGREEMEN— --
AMERICAN RECOVERY AND RE_ ESTMENT ACT(ARRA)2009—FLORIDA B. .TO WORK PROGRAM
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
7300 Corporate Center Drive, Suite 500
Miami, Florida 33126-1234
EMPLOYER AGREEMENT NUMBER CFDA NUMBER
City of Opa-Locka ARRA-SE-PY'09-932-00 ARRA TANF: 93.714
780 Fisherman St.
Opa-Locka, FL 33054 INDEX CODE:
70932
This Agreement is made and entered into by and between the South Florida Workforce Investment Board, (hereinafter
referred to as the "SFWIB") and the City of Opa-Locka, (hereinafter referred to as "Employer"). This Agreement
establishes a sub-recipient, contractual, independent contractor relationship between the SFWIB and the Employer in
which the Employer accepts substantial financial and programmatic responsibilities for the use of federal, state, and if
applicable, local funds.
WITNESSETH:
NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and agreements
herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. PURPOSE
The purpose of this Agreement is to create jobs.
2. EFFECTIVE TERM
The term of this Agreement shall commence upon April 16, 2010 and terminate at the close of business on
September 30,2010.
3. ADHERENCE TO THE TERMS AND CONDITIONS OF FUNDING REQUEST
Exhibit A, Employer Information Sheet and Exhibit B, Subsidized Employment Project Budget submitted
by the Employer during the application process, as approved by the Agency for Workforce Innovation (AWI)
and the United States Department of Health and Human Services (HHS) are attached hereto and incorporated
herein by reference hereto as if fully set forth herein.
4. TOTAL PAYMENT
Funds under this Agreement are a one-time funding being awarded pursuant to the American Recovery and
Reinvestment Act 2009 (ARRA) to fund Subsidized Employment Program Initiatives under the Temporary
Assistance to Needy Families (TANF). SFWIB reimbursement to Employer shall not exceed 95% of the cost of
the wages or salaries, as applicable, and the Employer's portion of all applicable payroll taxes and workers
compensation insurance for the employment positions filled through this Agreement under the "Florida Back to
Work Program (FBTW)". Subject to the availability of funds to the SFWIB, the maximum amount payable for
wages or salaries, as applicable, and the Employer's portion of all applicable payroll taxes and workers
compensation insurance under this cost reimbursement Agreement shall not exceed $184,697.88 as set forth in
this Agreement and in accordance with Exhibit B, Subsidized Employment Project Budget attached hereto
and incorporated herein by reference hereto as if fully set forth herein.
Employer shall be charged a program fee not to exceed $2,390.78, as set forth in Exhibit B, Subsidized
Employment Project Budget attached hereto and incorporated herein by reference hereto as if fully set forth
herein which shall serve as the required matching funds from the employer for wages or salaries, as applicable,
and the Employer's portion of all applicable payroll taxes and workers compensation insurance. Said program
Government
Page 1 of 14 PY 09 ARRA TANF Agreement
fee shall be deducted from the a._ ants otherwise reimbursable to the Employer on a monthly or other basis, at
the sole discretion of the SFV\TIB.
The Employer shall be reimbursed, barring any disallowances, for straight-time wages or salaries (no overtime),
as applicable, and the Employer's portion of all applicable payroll taxes and workers compensation insurance for
up to and including forty (40) hours per week per employee.
Straight-time wages are payments for straight-time work hours. Straight-time work hours are defined herein as
regularly scheduled work hours that are not subject to overtime or bonus pay. Accrued wages and salaries for
vacation or sick leave are not considered straight-time wages. No reimbursement shall be made for hours
worked in excess of forty(40) hours per employee per week. No reimbursement shall be made for amounts paid
by Employer for any expenses other than wages or salaries, as applicable, and the Employer's portion of all
applicable payroll taxes and workers compensation insurance.
The number of employees for whom the Employer may be reimbursed shall not exceed the number of subsidized
employment positions as set forth in the Employer Information Sheet, Exhibit A and Subsidized
Employment Project Budget, Exhibit B attached hereto and incorporated herein by reference hereto as if fully
set forth herein.
Both parties hereto agree that if funding available to the SFWIB is reduced for any reason, the amount
reimbursable under this Agreement may be reduced or eliminated at the option and sole discretion of the
SFWIB.
5. SFWIB and SFWIB's Career Centers shall pre-screen individuals registered in the Employ Florida Marketplace
(EFM) system to establish a pool of candidates (the "Selection Pool")to fill job openings created by Employer's
employment needs.
6. Employer has agreed to hire the employees at the same wages or salaries, and benefits as similarly situated
employees and to pay one-hundred percent (100%) of the employees' wages or salaries and their benefits and to
retain the employees hired, or replacement employees, for the positions funded pursuant to this Agreement as
permanent employees after the subsidy by the SFWIB has ended ("Period of Subsidy") and has agreed to not
reduce the wages or salaries of the persons hired during or after the Period of Subsidy for a period of at least
ninety(90)days as long as the employee performs satisfactorily and the business remains viable.
Employee benefits, overtime and bonus pay, for employees hired pursuant to this Agreement, shall be the sole
and exclusive responsibility of the Employer. SFWIB shall not reimburse Employer for any employee benefits,
overtime or bonus pay.
7. EMPLOYER'S RESPONSIBILITIES
Employer shall:
a. Provide SFWIB with completed Job Order Request and Job Description forms which list the
qualifications required for the employment positions set forth on the Employer Information Sheet,
Exhibit A. All job orders shall be posted on the Employ Florida Marketplace's Website.
b. Interview and select individuals to fill the positions from among the Selection Pool established by the
SFWIB or SFWIB's Career Centers, when provided with the job candidates' resumes and Florida
Employment Referral Forms.
c. Hire the selected candidate(s) as a member of Employer's regular workforce in accordance with regular
hiring practices after execution of this Agreement but prior to the commencement of employment.
d. Notify the SFWIB or SFWIB's Career Centers of the job candidates selected for employment, as
applicable.
e. Provide the SFWIB with a completed Employment Verification Form signed by the Employer NOT
LATER than the employee's first day of work and provide subsequent completed employment verification
information, as requested by the SFWIB or SFWIB's Career Centers, at the sole discretion of the SFWIB.
Employment information shall include, but is not limited to: Employee's Name, Last 4 digits of the SSN,
Government Page 2 of 14 PY 09 ARRA TANF Agreement
Job Title, Number of Hours Worked per week, Frequency of Pay, Rate of Pay, Tips Amount(if applicable),
Date of Employment. Benefits Information, and Term of Employment (i.e., Permanent, Temporary,
Seasonal).
f. Provide to the SFWIB on a monthly basis, for each employee hired pursuant to this Agreement, the number
of hours worked, the wages or salaries paid, the Employer's portion of payroll taxes and workers
compensation insurance paid and other information as required by the SFWIB and comply with any
applicable governmental reporting requirements as set forth in Attachment 1, Supplemental Provisions
for Subsidized Employment Agreements attached hereto and incorporated herein by reference hereto as if
fully set forth herein.
g. Provide all necessary supervision and training for the employees hired in subsidized employment positions
pursuant to the provisions of this Agreement.
Employer agrees:
a. Only individuals referred by the SFWIB or SFWIB's Career Centers shall be hired by the Employer
pursuant to this Agreement.
b. Monies provided pursuant to this Agreement shall not be used to reimburse Employer for the wages or
salaries, as applicable, and the Employer's portion of all applicable payroll taxes and workers compensation
insurance of any person who relocates from any other of the Employer's locations, but shall be used only
for wages or salaries for individuals who are newly hired through the SFWIB, or SFWIB's Career Centers.
c. To adhere to collective bargaining agreements Employer has entered into, which apply to positions filled by
employees hired pursuant to this Agreement.
d. Persons hired pursuant to this Agreement shall be provided with the same conditions of employment as
other employees of the Employer similarly situated. The Employer shall provide the persons hired,
pursuant to this Agreement the same health and safety standards established under federal, state, and local
laws that otherwise apply to other individuals engaged in similar activities who are not participants in the
subsidized employment program.
e. The wage or salary levels of the employment position(s) filled pursuant to this Agreement shall be based
upon the wage or salary levels paid by the Employer for comparable positions doing comparable work for
the Employer.
f. Employer shall not encourage or discourage union activities, or engage employees in sectarian activities or
construction or repair of sectarian facilities.
g. Neither Employer nor any representative or agent of the Employer may charge the job candidate a fee for
the placement or referral of the job candidate to the employment position funded pursuant to this
Agreement.
Employer certifies:
a. The program fee payable pursuant to this Agreement shall not be derived from federal funds and shall meet
the requirements of 2 C.F.R. Part 215.23;
b. Staff used to supervise employees hired pursuant to this Agreement are not funded with federal funds; and
c. Staff-time used to supervise employees hired pursuant to this Agreement, in full or in part, is not being used
as an in-kind contribution or to meet a maintenance of effort requirement of any other project or program
funded with federal funds.
8. PERMANENT EMPLOYMENT REQUIREMENT
For Government Entities and Private Non-Profit Employers: The Employer shall not be required to retain
employees at the end of the subsidy period although the Employer is strongly encouraged to do so.
9. PRIOR AGREEMENTS
This document incorporates 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. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any
prior representations or agreements,whether oral or written.
Government Page 3 of 14 PY 09 ARRA TANF Agreement
10. CONDITIONS PRECEDENT
The Employer shall provide to the SFWIB prior to commencement of performance under this Agreement the
following documentation:
a. Board of Directors Requirements. The Employer shall insure that the Employer's Board of Directors or
governing body is apprised of the fiscal, administrative and contractual obligations of the services funded
through SFWIB by passage of a formal resolution authorizing execution of the Agreement with SFWIB.
b. Certificate of Corporate Status, if a Corporation. The Employer shall submit to SF\k'IB a certificate of
status in the name of the Employer, which certifies the following: that the Employer is organized under the
laws of the State of Florida or another state; that all fees and penalties have been paid; that the Employers
most recent annual report has been filed; that Employer's status is active; and that the Employer has not
filed Articles of Dissolution.
c. Limited Liability Company (LLC)Affidavit or Proprietor Affidavit(As Applicable).
d. Tax Returns. The Employer is required to submit to the SFWIB copies of all IRS forms 941 and W-9 for
all employees hired pursuant to this Agreement; as applicable.
e. Organizational Responsibilities Form. The Employer shall submit to the SFWIB an Organizational
Responsibilities Form, Exhibit C attached hereto and incorporated herein by reference hereto as if fully
set forth herein.
11. INSURANCE
For Florida Governmental Entities. The Employer, as a self-insured governmental entity, shall provide to
SFWIB, prior to the execution of this Agreement, a letter from the Employer stating that the Employer is self-
insured and maintains an ongoing Self-Insurance Program as allowed under the Florida Statutes and that such
self-insurance offers protection applicable to the Employer's officers, employees, servants and agents while
acting within the scope of their employment with the Employer. SFWIB shall not disburse any funds until
SFWIB is provided with the letter of self-insurance and SFWIB has approved such document.
12. CERTIFICATION OF CONDUCT
The Employer shall comply with all federal, state and local laws related to conflict of interest, nepotism and
criminal and fraudulent activities.
13. ANTI-NEPOTISM
Section 112.3135, Florida Statutes, shall apply to the Employer and its employees as this statute applies to a
public official or agency.
The Employer shall follow the provisions of section 112.3135, F.S. with respect to individuals employed
through the FBTW program. This means Employers shall not appoint, employ, promote, or advance or advocate
for appointment, employment, promotion, or advancement, in or to a subsidized position in the Employer's
business entity any person who is a relative of the Employer. The definitions below are incorporated and made a
part of this policy.
"Employer" means the Employer or employee of the Employer 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 Employer's business entity.
"Relative" means an individual who is related to the Employer as father, mother, son, daughter, brother, sister,
uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
Government Page 4 of 14 PY 09 ARRA TANF Agreement
14. CODE OF BUSLNESS ETHICS
The Employer shall comply with Sec. 2-8.1 of the Code of Miami-Dade County requiring contractors to adopt a
Code of Business Ethics. The Employer 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 D, attached
hereto and incorporated herein by reference hereto as if fully set forth herein stating that the Employer has
adopted a Code that complies with the requirements of Sec. 2-8.1 of the Code of Miami-Dade County.
15. LAYOFF
The Employer agrees and understands that in accordance with 45 C.F. R. 261.70, a subsidized employment
position cannot be created if another individual is on layoff from the same or any substantially equivalent job, or
if the Employer has terminated the employment of any regular employee or caused an involuntary reduction in
its workforce in order to fill the vacancy with a subsidized worker.
16. NO ASSIGNMENT or SUBCONTRACTING - The Employer shall not assign or subcontract this Agreement
or any rights accruing hereunder in whole or in part.
17. APPLICABLE LAWS
The Employer shall comply with all applicable Federal, State and local laws and regulations, including those of
the ARRA of 2009 and the Workforce Investment Act of 1998 (as presently in effect and as same may be
amended from time to time during the term of this Agreement) as well as all applicable SFWIB directives,
policies and procedures, in the implementation of the terms and conditions of this Agreement or modifications
thereto. The federal and state laws governing the Subsidized Work Program can be found at
http://www.floridajobs.org/workforce/backtowork/.
18. PUBLICITY
When issuing statements, press releases, and other documents describing the project or programs funded in
whole or in part with Federal money, all awardees receiving Federal funds, shall clearly state (1)the percentage
of the total cost of the program or project which will be financed with Federal money, and (2) the dollar amount
of Federal funds for the project or program.
19. GRIEVANCE PROCEDURES
The Employer agrees to comply with all applicable Grievance and Complaint Procedures of the SFWIB as
required by State and federal law.
20. TERMINATION WITHOUT CAUSE
The SFWIB may terminate this Agreement without cause by providing thirty(30)days prior written notice to the
Employer. The Employer 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 Employer after the effective date of termination of this Agreement.
The SFWIB may terminate this Agreement without cause if the state or federal government terminates or
reduces the grants received by SFWIB which fund this Agreement.
21. BREACH OF AGREEMENT
A non-exclusive list of breaches of this Agreement is as follows:
a. The Employer ineffectively or improperly uses SFWIB funds provided to Employer pursuant to this
Agreement;
b. The Employer does not furnish the Certificates of Insurance as required by this Agreement or as
determined by SFWIB;
c. The Employer fails to submit, or submits incorrect or incomplete proof of expenditures to support
reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of
expenditures or final expenditure reports;
d. The Employer refuses to allow SFWIB full access to records or refuses to allow SFWIB to monitor,
evaluate and review the Employer's participation pursuant to this Agreement;
Government Page 5 of 14 PY 09 ARRA TANF Agreement
e. The Employer unlawfully discriminates under any of the laws of the State of Florida, of Miami-Dade
County, if providing services in Miami-Dade County, or of Monroe County, if providing services in
Monroe County or of the United States;
f. The Employer attempts to meet Employer's obligations under this Agreement through fraud,
misrepresentation or material misstatement;
g. The Employer fails to meet the terms and conditions of any obligation under any contract or otherwise or
any repayment schedule to SFWIB or any of its agencies or instrumentalities;
h. The Employer fails to submit the documentation required under Article 10 of this Agreement in
accordance with the time periods set forth therein;
i. The Employer fails to fulfill in a timely and proper manner any and all of Employer's obligations,
covenants and agreements set forth in this Agreement. Waiver of breach of any provisions of this
Agreement by 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 Agreement.
22. BREACH OF AGREEMENT: SFWIB REMEDIES
If the Employer breaches this Agreement, the SFWIB may pursue any or all of the following remedies:
a. SFWIB may terminate this Agreement by providing written notice to the Employer of such termination
and specifying the effective date thereof. In the event of termination, SFWIB may: (a) seek
reimbursement of SFWIB funds awarded to the Employer under this Agreement; and (b) terminate or
cancel any other contracts entered into between SFWIB and the Employer. The Employer shall be
responsible for all program and administrative costs associated with such termination, including SFWIB
attorneys' fees;
b. SFWIB may suspend payment, in whole or in part, under this Agreement by providing written notice to
the Employer of such suspension and specifying the effective date thereof. All payments to Employer as
of the effective date of suspension shall cease. On the effective date of suspension, if requested by SFVATIB,
the Employer shall immediately cease to provide services pursuant to this Agreement. If payments are
suspended, SFWIB shall specify in writing the actions that shall be taken by the Employer as a condition
precedent to resumption of payments and shall specify a date for compliance. SFWIB may also suspend
any payments, in whole or in part, under any other contracts entered into between SFWIB and the
Employer. The Employer shall be responsible for all program and administrative costs associated with
such suspension, including SFWIB attorneys' fees;
c. SFWIB may seek enforcement of this Agreement by any action at law or equity available to SFWIB,
including, but not limited to, filing an action in a court of competent jurisdiction. The venue of any such
action shall be in Miami-Dade County, Florida. The Employer shall be responsible for all program and
administrative costs of SFWIB associated with such enforcement, including SFWIB attorneys' fees and
attorneys' fees on appeal;
d. SFWIB may debar the Employer from future SFWIB contracting;
e. If, for any reason, the Employer attempts to meet Employer's obligations under this Agreement through
fraud, misrepresentation or material misstatement, SFWIB shall, whenever SFWIB deems it to be in
SFWIB's best interest, terminate this Agreement by providing written notice to the Employer of such
termination and specifying the effective date thereof. In such case the SFWIB may terminate or cancel any
other contracts which such Employer has with SFWIB. Such Employer shall be responsible for all
program and administrative costs of SFWIB associated with any such termination or cancellation,
including attorney's fees. Any Employer who attempts to meet its contractual obligations with SFWIB
through fraud, misrepresentation or material misstatement may be debarred from SFWIB contracting for a
period not to exceed five (5)years;
f. Any other remedy available at law or equity or administratively;
g. All remedies provided herein and otherwise shall all be deemed independent and cumulative.
Government Page 6 of 14 PY 09 ARRA TANF Agreement
23. DAMAGES SUSTALNED
The Employer shall not be re. .ed of liability to SFWIB for damages sustained by SFWIB caused by any
breach of this Agreement by the Employer, and SFWIB may withhold any payments to the Employer until such
time as the exact amount of damages due to SFWIB are determined. SFWIB may also pursue any remedies
available at law or equity to compensate for any damages sustained by any such breach by the Employer. The
Employer shall be responsible for all program and administrative costs of SFWIB associated with such breach,
including SFVWTIB attorneys' fees.
24. NOTICES
It is understood and agreed between the parties that written notice addressed to the Executive Director, SFWIB,
and mailed or delivered to the address appearing on page one (1) of this Agreement and written notice addressed
to the Employer and mailed or delivered to the address appearing on page one (1) of this Agreement shall
constitute sufficient written notice to the respective party.
25. NOTICES OF LEGAL ACTION
The Employer shall notify the SFWIB of legal actions taken against the Employer or potential actions such as
lawsuits, related to services provided through this Agreement or that may impact the Employer's ability to
deliver the contractual services, or adversely impact the SFWIB. The SFWIB shall be notified within five (5)
days of Employer becoming aware of such actions or from the day of the legal filing, whichever comes first.
26. MODIFICATIONS
Any alterations, variations, modifications, extensions or waivers of provisions of this Agreement shall only be
valid when they have been reduced to writing, duly approved and signed by both parties hereto.
27. AUTONOMY
Both parties agree that this Agreement recognizes the independence and autonomy of both parties hereto and
implies no affiliation of any kind between the contracting parties. The Employer is an independent contractor in
all respects under this Agreement. It is expressly understood, agreed and intended that the Employer is only a
recipient of funding from the SFWIB and is not an agency or instrumentality of any kind of SFWIB.
Furthermore, the Employer's, officers, agents, servants, and employees are not officers, agents, servants, or
employees of SFWIB or any of SFWIB's agencies or instrumentalities.
28. INDEMNIFICATION
a. For Florida Governmental Entities. The Employer shall indemnify and hold harmless SFWIB, its officers,
employees, agents, servants, agencies and instrumentalities from any and all liability, losses or damages,
including attorneys' fees and costs of defense, which SFWIB and its officers, employees, agents, servants,
agencies or instrumentalities may incur as a result of any and all claims, demands, suits, causes of action
or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this
Employer by the Employer or the Employer's officers, employees, agents, servants, partners, principals or
subcontractors. The Employer shall pay all claims and losses of any kind in connection therewith and
shall investigate and defend all claims, suits or actions of any kind or nature in the name of SFWIB, where
applicable, including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which
may issue thereon. Provided, however, this indemnification shall only be to the extent and within the
limitations of Section 768.28 Florida Statutes, subject to the provisions of that statute whereby the
Employer 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$100,000, or any claim or judgment or portions thereof, which, when
totaled with all other claims or judgments paid by the Employer arising out of the same incident or
occurrence, exceed the sum of $200,000 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 Employer or the
Employer's officers, employees, servants, agents, partners, principals or subcontractors.
b. Term of Indemnification. The provisions of this indemnification shall survive the expiration of this
Agreement and shall terminate upon the expiration of the applicable statute of limitation.
29. COPYRIGHT,PATENTS,RIGHT TO DATA
Employer agrees that if this Agreement is for experimental, developmental, or research work, then the Federal
Government is the owner of rights in the resulting invention in accordance with 37 CFR part 401, "Rights to
Government Page 7 of 14 PY 09 ARRA TANF Agreement
Inventions Made by Non-profit r' -anizations and Small Business Firms Ur Government Grants, Contracts
and Cooperative Agreements," ai. .Any further implementing regulations issues oy HHS.
30. RECORDS RETENTION (Five Year Requirement)
The Employer shall keep all Florida Back to Work Program records, accounts, and documents, including but not
limited to wanes or salaries, as applicable, and the Employer's portion of all applicable payroll taxes and
workers compensation insurance related to the operation and performance of this Agreement or any modification
hereto for five (5) years following the expiration of this Agreement. However, if any audit, claim, litigation,
negotiation or other action involving this Agreement or modification hereto has commenced before the
expiration of the five (5) year period, the records shall be retained until completion of the action and resolution
of all issues which arise from it, or until the end of the regular five (5) year period, whichever is later. The
Employer shall cooperate with SFWIB to facilitate the duplication and transfer of any of said records or
documents during the required retention period. The Employer shall advise SFWIB of the location of all records
pertaining to this Agreement upon the request of SFWIB and shall notify SFWIB by certified mail within ten
(10) days of moving said records if and when the records are moved to a new location.
31. CONFIDENTIALITY OF RECORDS
The Employer 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 forms, interviews,
tests, reports from public agencies or counselors, or any other source. The Employer shall not divulge such
information without the written permission of the participant, except that such information which is necessary, as
determined by SFWIB, for purposes related to the performance or evaluation of the Agreement may be divulged
to SFWIB or such other persons as SFWIB may designate who have responsibilities for monitoring or evaluating
the services and performances under this Agreement, or to governmental authorities to the extent necessary for
the proper administration of the law and the provision of services. All release of information shall be in
accordance with applicable federal and state laws as well as the policies and procedures of SFWIB. No release
of information by the Employer, if such release is required by federal or state law, shall be construed as a breach
of this Agreement.
32. AUDIT AND INSPECTION OF RECORDS
The Employer shall permit SFWIB or SFWIB's designees, the State of Florida and the federal government or
any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy or transcribe
Employer's records during the term of this Agreement and for a period of five (5)years following termination of
this Agreement or final payment hereunder, whichever is later, to assure compliance with the terms hereof, or to
evaluate the Employer's performance hereunder.
The Employer shall also permit any or all these aforesaid entities to monitor all activities conducted by the
Employer pursuant to the terms of this Agreement. The monitoring agency may, in its sole discretion, deem
necessary or appropriate such monitoring which may consist of internal evaluation procedures, examination of
program data, special analyses, on-site checks or any other procedure.
33. INTERNAL CONTROLS
The Employer agrees to institute fiscal controls to account for all monies received from SFWIB and spent to
perform the Employer's obligations under this Agreement.
34. ACCOUNTING RECORDS
The Employer shall maintain records that identify SFWIB funds and which contain information pertaining to
authorized expenditures, obligations, de-obligated balances, assets, liabilities, outlays or expenditures and
income. These records shall also be maintained in accordance with Generally Accepted Accounting Principles
(GAAP).
35. MONITORING
The Employer shall permit SFWIB staff and authorized agents of SFV■7IB to perform random and scheduled
monitoring, reviews and evaluations of the services which are the subject of this Agreement. SFWIB may
monitor both fiscal and programmatic compliance with all the terms and conditions of this Agreement at any and
all times.
Government Page 8 of 14 PY 09 ARRA TANF Agreement
The Employer shall permit SFW . and SFWIB`'s officers, agents or empl( 's, to conduct site visits, client
assessment surveys, and other tL .liques deemed reasonably necessary to it—oil the monitoring function and
requirements of SFWIB. Monitoring results and findings shall be communicated to the Employer through an
official written report and may require corrective action by the Employer.
36. MONTHLY INVOICING
SFWIB will have an automated invoicing system to facilitate monthly invoicing. The Employer shall have the
option to choose either electronic system invoicing or manual invoicing. The Employer shall indicate the option
selected on the Organizational Responsibilities Form, Exhibit C attached hereto and incorporated herein by
reference hereto as if fully set forth herein. If Employer chooses manual invoicing, manual forms will be
provided by SFWIB.
a. Requests for Reimbursement. Employer shall request reimbursement by invoicing SFWIB on a monthly
basis. Employer shall remit to the SFWIB the invoice package not later than the seventh (76) business day
of the month following the month in which services were provided.
To receive reimbursement the Employer shall submit an invoice package which shall include:
1. A completed Reimbursement Request, Exhibit D, attached hereto and incorporated herein by
reference hereto as if fully set forth herein.
2. A Payroll Register which should indicate payroll period, staff names, hours worked, wage or salary
rates, FICA and MICA and other applicable payroll taxes, (in cases where there is no payroll register
available, copies of the employees payroll check including the earning deduction stub will be
acceptable documentation).
3. A copy of a cancelled check or evidence of an electronic fund transfer that demonstrate that payment
of the applicable payroll taxes has been made.
• For reimbursement of FICA and MICA, a copy of IRS form 941 accompanied with evidence of
payment or a copy of the Federal Tax Deposit Coupon accompanied by the bank deposit receipt.
• For reimbursement of the Unemployment Compensation Taxes, a copy of the State of Florida
form UCT-6 accompanied with evidence of payment.
4. For reimbursement of the Worker Compensation Insurance premium, a copy of the insurance
declaration page showing that the policy is in force at the end of the month for which reimbursement
is being requested and the rate charged per employee.
The Reimbursement Request shall reflect only the expenses approved in accordance with Exhibit A,
Employer Information Sheet and Exhibit B, Subsidized Employment Project Budget incurred and
paid by the Employer 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 reimbursement to the Employer. All reimbursements made by the SFWIB shall be mailed by
regular U.S. mail to the Employer.
The Employer agrees to maintain originals of cancelled checks or a legible legal copy of the cancelled
checks, invoices, receipts, payroll registers, timesheets, and any evidence of indebtedness as proof of
expenditures. These documents shall be maintained as set forth in Section 30 of this Agreement and shall
be made available for inspection as set forth in Section 32 of this Agreement.
b. Processing the Request for Reimbursement. The parties agree that the processing of a reimbursement
request by the Employer shall be completed within fifteen (15) to twenty-two (22) business days or less
after receipt of the request by the SFWIB if the required invoice package is complete, satisfactory, and has
been approved by the SFWIB. It is solely the responsibility of the Employer to maintain sufficient
financial resources to meet the expenses incurred during the period between the commencement of the
subsidized employment period and reimbursement by the SFWIB.
Government Page 9 of 14 PY 09 ARRA TANF Agreement
37. FINANCIAL CLOSEOUT
a. The Financial Closeout Package (FCOP), Exhibit E. attached hereto and incorporated herein by
reference hereto as if fully set forth herein required by the SFWIB shall be completed by the Employer and
submitted to the SF\\TIB not later than thirty (30) calendar days after the expiration or termination of this
Agreement, whichever comes first. The FCOP shall include:
• A Cumulative Expenditure Report;
• A Final Report of Cash Transactions; and
• A Release Form.
b. A final Reimbursement Request for any additional expenditure not submitted in the regular monthly
invoicing must be submitted with the FCOP. Non-receipt of the required financial closeout package by the
required due date shall result in the disallowance of any and all requests for reimbursement included in the
Final Request for Reimbursement.
38. LATE INVOICING
Invoices submitted after the due date (the seventh (7th) business day of the month following the month in which
services were provided) is considered a breach of contract and shall delay receipt of reimbursement. Late
invoicing after the financial closeout period shall result in disallowance and non-reimbursement of all late
invoices.
Employer shall reimburse the SFWIB by repayment in cash of any disallowed payments made to Employer
resulting from audits performed by the SFWIB, the State of Florida or the United States Government. This
provision shall survive the termination or expiration of this Agreement.
39. WAGE LIMITATION
The parties agree and understand that the annual wage for any subsidized employee under this Agreement may
not exceed $40,579.00, which is the Florida annual average wage for 2008, as published by the Florida Agency
for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages
Program.
40. 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
SFWIB to seek to ensure the confidentiality and integrity of consumer or employee Protected Health Information
(PHI) as required by law, professional ethics, and accreditation or licensure requirements.
The Employer shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and
the Miami-Dade County Privacy Standards Administrative Order.
41. CERTIFICATION REGARDING CLEAN AIR ACT AND WATER POLLUTION ACT
Employer agrees that if this is an Agreement for more than $100,000, then Employer shall comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., and the
Federal Water Pollution Control Act, as amended 33 U.S.C. 1251 et seq. SFWIB shall report violations to the
HHS and the appropriate Regional Office of the Environmental Protection Agency.
42. CERTIFICATION REGARDING FLORIDA CLEAN INDOOR AIR ACT (FCIAA)
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 Employer shall provide a completed
Certification Regarding the Florida Clean Indoor Air Act.
Government Page 10 of 14 PY 09 ARRA TANF Agreement
43. PUBLIC ENTITIES CREME
The Employer represents that the execution of this Agreement will not violate the Public Entity Crimes Act (§
287.133, Florida Statutes). The Employer shall provide a Sworn Statement on Public Entity Crimes.
44. SARBANES-OXLEY ACT OF 2002
The Employer assures that the Employer will comply with the two provisions of the Sarbanes-Oxley Act (SOX)
that apply to all corporate entities, including non-profit organizations. These two provisions are as follows:
a. It is a crime to alter, cover up, falsify, or destroy any document that may be relevant to an official
investigation(SOX, Section 1102, Section 1512 of Title 18, USC).
b. It is illegal for any corporate entity to punish whistleblowers or retaliate against any employee who reports
suspected cases of fraud or abuse(SOX, Section 1107, Section 1513 of Title 18, USC).
45. CONTRACT WORK HOURS AND SAFETY STANDARDS
Employer agrees that if this Agreement involves an award of more than $100,000 and is a contract for
construction or involving the employment of mechanics or laborers, then Employer shall comply with sections
102 and 107 of the Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-333, as supplemented by
Department of Labor regulations, 29 CFR part 5. Under section 102 of the Act, the Employer shall be required
to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in
excess of the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 and 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section
107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open
market, or contracts for transportation or transmission of intelligence.
46. DAVIS-BACON ACT
Employer agrees that if this is a construction contract for more than $2,000, then Employer must comply with
the Davis-Bacon Act, 40 U.S.C. 276a to a-7, as supplemented by Department of Labor Regulations, 29 CFR part
5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted
Construction." Under this Act, Employer shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition,
Employer shall be required to pay wages not less than once a week. The current prevailing wage issued by the
federal Department of Labor and applicable to this Agreement is N/A. If the Davis-Bacon Act and
corresponding regulations are applicable to this Agreement, then award of this Agreement is conditioned upon
Employer's acceptance of this wage determination. SFWIB shall report all suspected or reported violations to
the HHS awarding agency.
47. COPELAND "ANTI-KICKBACK"ACT
45 CFR Appendix A to Part 74: Employer agrees that if this Agreement is for more than $2,000 and is for
construction or repair, then Employer must comply with the Copeland "Anti-Kickback" Act, 18 U.S.C. 874, as
supplemented by Department of Labor Regulations, 29 CFR part 3, "Contractors and Subcontractors on Public
Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States." The Act
provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the compensation to
which he is otherwise entitled. SFWIB shall report all suspected or reported violations to the Federal awarding
agency.
48. COMPLIANCE WITH ENERGY EFFICIENCY PROVISION ACT
The Employer shall comply with the mandatory standards and policies relating to energy efficiency, if
applicable, which are contained in the State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act(Public Law 94-163).
Government Page 11 of 14 PY 09 ARRA TANF Agreement
49. BUY AMERICAN UNDER THE RECOVERY ACT
None of the funds appropriated or otherwise made available by the ARRA may be used for a project for the
construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel,
and manufactured goods used in the project are produced in the United States (ARRA Section 1605).
50. WAGE RATE REQUIREMENTS UNDER THE RECOVERY ACT
Section 1606 of the Recovery Act requires the payment of Davis-Bacon Act (40 U.S.C. 31) wage rates to
"laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted
in whole or in part by and through the Federal Government"pursuant to the Recovery Act.
Subject to further clarification issued by the Office of Management and Budget and notwithstanding any other
provision of law and in a manner consistent with other provisions of ARRA, all laborers and mechanics
employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and
through the Federal Government pursuant to this award shall be paid wages at rates not less than those prevailing
on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards specified in this
section, the Secretary' of Labor shall have the authority and functions set forth in Reorganization Plan Numbered
14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code (ARRA Section
1606).
51. CERTIFICATION REGARDING LOBBYING
Employer agrees that if this is a contract for more than $100,000, then Employer shall file the required
certification under the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Employer must certify 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 Federal 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. Employer shall disclose any lobbying with non-Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient. (See also 45 CFR part 93). The Employer shall provide a completed Certification Regarding
Lobbying.
52. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION AND OTHER MATTERS
Employer agrees that if this is a contract for more than $100,000, then Employer must provide the required
Debarment and Suspension Certification, certifying that Employer is not listed on the nonprocurement portion of
the General Services Administration's "Lists of Parties Excluded from Federal Procurement or Nonprocurement
Programs" in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." (See 45 CFR part 76.)
This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors
declared ineligible under statutory authority other than E.O. 12549.
53. CERTIFICATION OF A DRUG-FREE WORK PLACE
The Employer assures and guarantees that Employer shall comply with the Federal Drug-Free Workplace Act of
1988 and the Drug-Free Workplace Rules established by the Florida Worker's Compensation Commission, and
its implementing regulations codified at 29 CFR 94, Subpart F. The Employer shall provide a Drug-Free
Workplace Requirement Certification.
54. NON-DISCRIMINATION, EQUAL OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT
Employer agrees that it must comply with E.O. 11246, "Equal Employment Opportunity," as amended by E.O.
11375. "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented
by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor. 45 CFR 260.35: Employer agrees that in the performance of this Agreement,
it will adhere to the requirements in the Age Discrimination Act of 1975; Section 504 of the Rehabilitation Act
of 1973; the Americans with Disabilities Act of 1990; and Title VI of the Civil Rights Act of 1964. The
Employer shall provide a Non-Discrimination, Equal Opportunity, And Americans With Disabilities Act
Certification.
Government Page 12 of 14 PY 09 ARRA TANF Agreement
55. LNCORPORATION OF FEDERALLY MANDATED REQUIREMENTS BY REFERENCE
The Federally mandated requirements, "Supplemental Provisions for Subsidized Employment Agreements
Using American Recovery and Reinvestment Act of 2009 Funds" set forth in Attachment 1 attached hereto
are incorporated herein by this reference and Employer agrees to comply with the same.
INTENTIONALLY BLANK
Government Page 13 of 14 PrY 09 ARRA TANF Agreement
SIGNATORY FORM
IN WITNESS HEREOF THE PARTIES HERETO HAVE CAUSED TO BE EXECUTED BELOW THE
SIGNATURES OF THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO WHO ARE
FULLY AND DULY AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE
RESPECTIVE PARTIES HERETO:
AUTHORIZED SIGNATURES FOR: City of Opa-Locka
PROGRAM ENTITLED: "ARRA: Subsidized Employment Program"
AGREEMENT NUMBER: ARRA-SE-PY'09-932-00
CFDA NUMBERS: ARRA TANF: 93.714
(These Signatures shall be the same as those names that appear in the List of Authorized Signatures Provided in the
Operational Documents on file with the South Florida Workforce Investment Board)
(For Use Only When Employer Is Go'ernmental Entity) "1
T5C,Lti lb.
�/
J:2 Signature of Authorized Official(s)
// C.'�%�L 76:'' F T l !
Date ' Ddte
2a. Clarence Patterson 2b. Ezekiel Orji
Typed Name of Authorized Official(s)
3a. City Manager 3b. Finance Director/Asst. City Manager
Full Title Authorized Offic,ial s)
4a. At �,i1'a 4b. ,-j�{/�a,y, 2�,• �lr` -2-41//' d Sie of Person Attesting Signature of Person-Attesting
Signature that Appears on Line la. Signature that Appears on Line lb.
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
BY:
Rick Beasley Date
Executive Director, SFWIB
List of Attachments/Exhibits included as part of this Agreement:
Specify Letter/ Description (include number of pages)
Type Number
Attachment 1 Supplemental Provisions for Subsidized Employment Agreements (3)
Exhibit A Employer Information Sheet (1)
Exhibit B Subsidized Employment Project Budget(1)
Exhibit C Organizational Responsibilities Form (1)
Exhibit D Code of Business Ethics Affidavit(1)
Exhibit E Reimbursement Request(1)
Exhibit F Financial Closeout Package(3)
Government Page 14 of 14 PY 09 ARRA TANF Agreement
Attachment 1
SUPPLEMENTAL PROVISIONS FOR SUBSIDIZED EMPLOYMENT AGREEMENTS
USING AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 FUNDS
The Agreement to which these Supplemental Provisions are attached will be funded, in whole or in part, with
American Recovery and Reinvestment Act of 2009 ("ARRA") funds. The Employer shall comply with these
provisions and shall assure that all agreements for an ARRA funded project contain these provisions. In the event
of a conflict between these Supplemental Provisions, the Agreement, or any attachments or exhibits incorporated
into and made a part of the Agreement, these Supplemental Provisions shall control.
A. COMPLIANCE WITH APPLICABLE ARRA PROVISIONS
Employer shall comply with all applicable provisions of ARRA and the regulations issued pursuant thereto,
including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations
shall automatically become a part of these Supplemental Provisions, without the necessity of either party
executing any further instrument. The SFWIB may provide written notification to Employer of such
revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions.
B. CONFLICT OF LAWS
In the event of a conflict between the laws of the State of Florida or these Supplemental Provisions and
ARRA, ARRA shall control.
C. WHISTLEBLOWER PROTECTION UNDER THE RECOVERY ACT (ARRA §1553)
Employer shall not discharge, demote or otherwise discriminate against an employee as a reprisal for
disclosures by the employee of information that the employee reasonably believes is evidence of: (a) gross
mismanagement of a contract or grant relating to ARRA funds; (b) a gross waste of ARRA funds; (c) a
substantial and specific danger to public health or safety related to the implementation or use of ARRA
funds; (d) an abuse of authority related to implementation or use of ARRA funds; or (e) a violation of law,
rule, or regulation related to a contract, including the competition for or negotiation of a contract or grant,
awarded or issued relating to ARRA funds. Employer shall post a notice of the rights and remedies available
to employees under ARRA §1553 in all workplaces where employees perform work that is funded in whole
or in part by money authorized under the ARRA. A sample notice(copy attached)can be found at:
http://www.recovery.gov/Contact/ReportFraud/Documents/Whistleblower+poster.pdf
Employer specifically acknowledges that Employer and its employees are aware of and shall abide by the
provisions of ARRA §1553.
D. FALSE CLAIMS ACT(31 U.S.C. §§3729-3733. OMB Memorandum M-09-15 §5.9)
Employer shall promptly refer to an appropriate Federal Inspector General any credible evidence that a
principal, employee, agent, employer, or other person has committed a false claim under the False Claims
Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery,
gratuity, or similar misconduct involving ARRA funds.
E. REPORTING OF FRAUD, WASTE AND ABUSE
Employer shall also refer promptly to Florida's Chief Inspector General any credible evidence that a
principal, employee, agent, Employer, or other person has committed a criminal or civil violation of laws
pertaining to fraud, waste, and abuse involving ARRA funds. The office can be reached by calling 850-922-
4637 or by fax at 850-921-0817.
A complaint may be filed at: http://www.floridaoig.com/arra_complaint.html.
Subsidized Employment ARRA Supplemental Provisions
Page 1 of 3
Attachment 1
F. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE (ARRA §902)
The Employer shall permit the United States Comptroller General and his or her representatives to:
1. Examine any records of the Employer or any state or local agency administering such agreement, that
directly pertain to, and involve transactions relating to, this Agreement or any agreement using ARRA
funds; and
2. Interview any officer or employee of the Employer or of any state or local government agency
administering this Agreement, regarding such transactions.
Accordingly, the Comptroller General and his or her representatives shall have the authority and rights as
provided under Section 902 of ARRA with respect to this Agreement, which is funded with ARRA funds.
Section 902 further states that nothing in that section shall be interpreted to limit or restrict in any way any
existing authority of the Comptroller General.
G. AUTHORITY OF INSPECTOR GENERAL (ARRA §1515)
Section 1515(a) of ARRA provides authority for any representatives of the United States Inspector General
to examine any records or interview any employee or officers working on this Agreement. The Employer is
advised that representatives of the Inspector General have the authority to examine any record and interview
any employee or officer of the Employer or other firms working on this Agreement. Section 1515(b) further
provides that nothing in that section shall be interpreted to limit or restrict in any way any existing authority
of an Inspector General.
H. ENVIRONMENTAL AND PRESERVATION REQUIREMENTS (ARRA §1609)
Employer shall comply with all applicable Federal, State, and Local environmental and historic preservation
requirements and shall provide any information requested by the awarding Federal Agency to ensure
compliance with applicable laws, including National Environmental Policy Act, as amended (42 U.S.C.
§§4321-4347) and National Historic Preservation Act(16 U.S.C. §§470 et seq.).
I. NON-DISCRIMINATION (OMB Memorandum M-09-15 §1.7 0)
ARRA funds must be distributed in accordance with all anti-discrimination and equal opportunity statutes,
regulations, and Executive Orders that apply to the expenditure of Federal funds. Employer shall comply
with Title VI and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§2000d et seq.), Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. §§701 et seq.), Title IX of the Education Amendments of 1972 (20
U.S.C. §§1681-1688), the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-6107), and other civil rights
laws applicable to recipients of Federal financial assistance.
J. PROHIBITION ON USE OF FUNDS (ARRA §1604)
ARRA funds shall not be used for any casino or other gambling establishment, aquarium, zoo, golf course,
or swimming pool.
K. REPORTING (ARRA §1512,FFATA §2)
SFWIB may require that the Employer provide reports and other employment information as evidence to
document the number of jobs created and/or retained by this project for the Employer's own workforce. No
direct payment shall be made to Employer for providing any reports required under these Supplemental
Provisions, as the cost of producing such reports shall be deemed included in the Agreement price. The
reporting requirements are based on guidance from OMB, and as such are subject to change at any time by
OMB. Any such changes shall be automatically incorporated into this Agreement and shall become part of
Employer's obligations under this Agreement. The SFWIB may provide written notice to Employer of any
such change, but such notice shall not be a condition precedent to Employer's duty to comply with revised
OMB reporting requirements.
Subsidized Employment ARRA Supplemental Provisions
Page 2 of 3
Attachment 1
L. EVENT OF DEFAULT
Failure to comply with these Supplemental Provisions shall constitute an event of default under this
Agreement and the SFVI'IB may terminate this Agreement upon 30 days prior written notice if the default
remains uncured five calendar days following the notice period. This remedy will be in addition to any other
remedy available to the SFWIB under this Agreement, at law or in equity.
City of Opa-Locka
Employer
Clarance Patterson, City Manager
Name and Title of Cerp f3 ing Representative
/' ,E 4'.1 .,e.4/ 1 (i:;i ,4n/4 L't
Signature of Certifying Representative
VAL C v/,('/(y
Date
INTENTIONALLY BLANK
Subsidized Employment ARRA Supplemental Provisions
Page 3 of 3
Know Your Rights
Under the Recovery Act!
Did you know?
The American Recovery and Reinvestment Act of 2009 I provides protections for certain
employees of non-federal employers who make specified disclosures relating to possible fraud,
waste and/or abuse or Recovery Act funds.
Who is protected?
Employees of non-federal employers receiving recovery funds. This includes State and local
governments, contractors, subcontractors, grantees or professional membership organizations
acting in the interest of recovery fund recipients.
How are Whistleblowers Protected?
.You cannot be discharged, demoted or otherwise discriminated against as a reprisal for making a
protected disclosure.
What types of disclosures are protected?
The disclosure must be made by the employee to the Recovery Accountability and Transparency
Board, an Inspector General,the Comptroller General, a member of Congress, a state or federal
regulatory or law enforcement agency, a person with supervisory authority over the employee, a
court or grand jury, or the head of a federal agency or his/her representatives.
The disclosure must involve information that the employee believes is evidence of:
• gross mismanagement of an agency contractor grant relating to recovery funds;
• a gross waste of recovery funds;
• a substantial and specific danger to public health or safety related to the implementation
or use of recovery funds;
• an abuse of authority related to the implementation or use of recovery funds; or
• a violation of law, rule, or regulation related to an agency contract or grant awarded or
issued relating to recovery funds.
Take Action!
Log on to Recovery.gov for more information about your rights and details on how to report at
www.recovery.gov.
1 Section 1553 of Division A,Title XV of the American Recovery and Reinvestment Act of 2009, P.L.111-5
Exhibit A
FORM AWI SEP SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
0012 SUBSIDIZED EMPLOYMENT PROGRAM
(12/09) EMPLOYER INFORMATION SHEET
RWB Name: South Florida Workforce Investment Board
Employer Name and Address: City of Opa-Locka; 780 Fisherman Street, Opa Locka, Fl 33054
Primary Contact/Title: Clarence Patterson, City Manager Email: city_manager @opalockafl.gov
Telephone Number: 305-953-2821 Fax Number: 305-953-2870
Is your Organization: ❑ Private For-Profit ❑ Non-Profit ® Public
How many and what type of positions are available for this project? 7
Number Position Title and Job Description Wage Rate Hours!Week Number of
of Weeks
Positions .
1 Receptionist $10.25 40 22
2 Carpenter $11.50 40 22
2 Mason/Concrete Finisher $11.50 40 22
2 Admin. Assistant $14.30 40 22
Scheduled date for when subsidized jobs will begin: ASAP
Employer of Record: City of Opa-Locka
A completed Budget Sheet is attached: Yes ® No ❑
A completed project budget sheet is attached to this application. The undersigned, acting on behalf of the
employer, agrees to commit the amount of funding indicated on the budget sheet that the employer must
contribute, and agrees to provide all necessary supervision and training for the subsidized employees.
The employer understands that a subsidized employment position cannot be created if another person is
on layoff from the same or any substantially equivalent job (the individual laid off has an expectation to be
recalled to that job within a six month period). The employer also understands that the employer can not
terminate the employment of any regular employee or caused an involuntary reduction in its work force in
order to fill the vacancy with a subsidized worker.
The signature of the RWB representative attests that the application has been reviewed by the regional
workforce board and determind eligible for funding consideration.
0 6.i( ' j r 4-7-- -,
- , -ef'......,,e_.< A --, -Li i---,--e 4//7., rb.z,In
(Signature) Clarence Patterson, City Manager, City of Opa-Locka Date
(Signature) Rick Beasley, Executive Director, SFWIB Date
Exhibit B
REGIONAL WORKFORCE BOARD 23
South Florida Workforce Investment Board
SUBSIDIZED EMPLOYMENT PROJECT BUDGET
Non-Federal 80%
City of Opa-Locka TANF Costs Match Total Reimbursement
Wage Costs:
Number of Jobs 13
Avg Hourly Wage Costs $ 12.08
Number of Hours/Week 40
Number of Weeks 22
Total Wage Costs $ 138,195.20 $ ' - $ 138,195.20 $ 110,556.16
Payroll Costs
Employer share of FICA 7.65% $ 10,571.93 $' 10,57t93
Unemployment Tax $ - $
Workers Comp - $ - $, -
Total Payroll Costs $ 10,571.93 $ - $ 10,571.93 $ 8,457.55
Board Level Costs
Overhead Costs- %of Payroll 1.00% $ 1,381.95 $- -: 1,381.95
Staffing-% of Payroll Other- %of Payroll costs $ $
Total Boarr Ldosts $ 1,381.95 $ 7 $ 1,381.95 $ 1,105.56
Employers Cost for Supervision and 25.00%
Training-%of.Wage Costs $ 34,548.80 $ 34,548.80 $ 27,639.04
Total Costs'. $ 150,149.08 $ 34,548.80 $ 184,697.88' $ 147,758.31
Required Program Fee I I I $ 2,390.78
Funding Summary.
80% Reimbursement $ 147,758.31
Employers Cost for Supervision and Training $ 34,548.80
Required Program Fee $ 2,390.78
Total Funding - I $ 184,697.88
Exhibit C
EMPLOYER: City of Opa—Locka DATE: j'c't/c
ORGANIZATIONAL RESPONSIBILITIES
Provide the names(s) and telephone number of the person(s) who has been designated to make financial
decisions on behalf of the organization and the contact person(s) who should be informed of financial
discrepancies or questions regarding invoicing. Please indicate the type of information to communicate to
each person named:
POSITION NAME TELEPHONE NUMBER TYPE OF NFORMATION
Dir/Asst. CM Ezekiel Orji (305) 953-2868 x 1301 Financial
Asst. Fin. Dir Carol Conol (305) 953 2868 x 1303 Financial
Grants Charmaine Parchment (305) 953-2868 x 1209 Invoice & program related
City Manager Clarance Patterson (305) 953-2821
Name Signature
• Person Authorized to Si / -_J
Agreements according to Board Clarance Patterson
) C: �/'�i . .,
Resolution, LLC Affidavit, or
Proprietor Affidavit.
141
• Persons Authorized to Sign Ezekiel Orji, Ph.D. /A !�� , u-t •
Reimbursement Packages A (L�,�,
(Minimum two signatures required) Carol Conol ca' L,4`!I _.
Check one box below
Employer elects for electronic system invoicing ❑
or
Employer elects for manual invoicing ❑
EMPLOYER ACKNOWLEDGES AND AGREES: All reimbursements made by the
SFWIB shall be mailed by regular U.S. mail to the Employer.
Florida Back to Work Program
Exhibit D
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 firm 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 firm ineligible for contract award.
By: 1
Signature of Affiant Date
Clarance Patterson, City Manager 5 /9 _ 6 / 0 /0 /0 /3 / 9 /4 /
Printed Name of Affiant and Title Federal Employer Identification Number
City of Opa—Locka
Printed Name of Firm
780 Fisherman Street, 4th Floor, Opa—Locka, FL 33054
Address of Firm
SUBSCRIBED AND SWORN TO (or affirmed) before me thik910 day of .4r i 120 t U
He/S - s personally known 4)me or has presented as identification.
Type of identification
•
re of Notary Serial Number
v�B<�� FAYE DOUGLAS
* s * MY COMMISSION#DO 962152
ni EXPIRES:February 16,2014
-rserBnc Ape? Bonded Rini Budget Notary Services
Print or Stamp Name of Notary Expiration Date
Notary Public—State of
r"" ll` 1 (tK
Notary Seal
Exhibit C
EMPLOYER: City of Opa-Locka DATE: /2 / D/;
ORGANIZATIONAL RESPONSIBILITIES
Provide the names(s) and telephone number of the person(s) who has been designated to make financial
decisions on behalf of the organization and the contact person(s) who should be informed of financial
discrepancies or questions regarding invoicing. Please indicate the type of information to communicate to
each person named:
POSITION NAME TELEPHONE NUMBER TYPE OF NFORiMATION
Dir/Asst. CM Ezekiel Orji (305) 953-2868 x 1301 Financial
Asst. Fin. Dir Carol Conol (305) 953 2868 x 1303 Financial
Grants Charmaine Parchment (305) 953-2868 x 1209 Invoice & program related
City Manager Clarance Patterson (305) 953-2821
Name iSignature
• Person Authorized to Sign ri)/)
Agreements according to Board Clarance Patterson C-tee e A
Resolution, LLC Affidavit, or
Proprietor Affidavit.
/� +
i
1
• Persons Authorized to Sign Ezekiel Orji, Ph.D. ' t 1, VI
Reimbursement Packages J
(Minimum two signatures required) Carol Conol Oat / (L,�j,,�
. t 0 /I —
Check one box below
Employer elects for electronic system invoicing ❑
or
Employer elects for manual invoicing ❑
EMPLOYER ACKNOWLEDGES AND AGREES: All reimbursements made by the
SFWIB shall be mailed by regular U.S. mail to the Employer.
Flnriria Rack to Work Program
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Exhibit F
FLORIDA BACK TO WORK PROGRAM
FINANCIAL CLOSEOUT
CUMULATIVE EXPENDITURE REPORT
Index Code#
Employer:
PERIOD FOR WHICH COST HAVE BEEN INCURRED:
FROM TO
LINE ITEM/ Y.T.D.100% Y.T.D. 80%
DESCRIPTION CUMMULATIVE REIMBURSEMENT
EXPENDITURE LINE ITEM RECEIVED
Salaries
Fringe Benefits
Supervision& Training
TOTAL
Prepared by: Approved by:
Authorized Representative's Signature/Date
Financial Closeout Package Page 1 of 3 ARRA TANF
FLORIDA BACK TO WORK PROGRAM
FINAL REPORT OF CASH TRANSACTIONS
Index Code#
Date:
Employer:
Cash Position Section:
#1 Year to Date Expenditures approved from Reimbursement Requests $
#2 Total Amount of Final Reimbursement Request(submitted with Final Close Out Package,
if applicable)
#3 Year to Date Total Expenditures(sum of#1 ) $
#4 Actual Amount of Funds Received from Reimbursement Requests(Year to Date) $
#5 Balance due to/from Employer (#3 minus#4)* $
#6 Year to Date Amounts submitted with Reimbursement Requests $
********************************************************************************************
*SFWIB use only - If this amount will not be refunded, explain the reason(s) below or If this amount will be
partially refunded,explain the reason(s)below:
Financial Closeout Package
Page 2 of 3 ARRA TANF
FLORIDA BACK TO WORK PROGRAM
RELEASE FORM
Index Code#
Employer:
Address:
Pursuant to the terms of the Contractual Agreement between the Employer listed above and the SFWIB, and in
consideration of the total amounts paid to the Employer, including the final request for reimbursement which is
currently outstanding,which equal
($ ), the Employer, 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, except under the following conditions:
IN WITNESS WHEREOF,this Release Form has been executed this day of
(Month/ Year)
Authorized Representative's Signature
Authorized Representative's Name/Title
Date
Financial Closeout Package Page 3 of 3 ARRA TANF