R10-154
II
1 RESOLUTION NO. R 10- j...<;,-L-j
2
3
4 A RESOLUTION OF THE CITY COMMISSION OF THE
5 CITY OF BOYNTON BEACH, FLORIDA, APPROVING
6 THE EXECUTION BY THE MAYOR AND CITY CLERK
7 OF AN EMPLOYED WORKER TRAINING PROGRAM
8 GRANT APPLICATION AND EMPLOYED WORKER
9 TRAINING VENDOR AGREEMENT WITH
10 WORKFORCE ALLIANCE FOR JOB TRAINING AT
11 THE CITY OF BOYNTON BEACH; AND PROVIDING
12 AN EFFECTIVE DATE.
13
14
15 WHEREAS, by entering into this Agreement staff at the City's Child Care center will
16 obtain a certification essential to his/her job functions; and
17 WHEREAS, upon recommendation of staff, the City Commission has determined that
18 it is in the best interests of the citizens and residents of the City to approve and authorize the
19 execution by the Mayor and City Clerk of a Community Service & Work Experience Program
20 Agreement with Workforce Alliance for job training at the City of Boynton Beach
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof
26 Section 2. The City Commission of the City of Boynton Beach, Florida does
27 hereby approve and authorize execution by the Mayor and City Clerk of a Employed Worker
28 Training Program Grant Application and Employed Worker Training Vendor Agreement with
29 Workforce Alliance for the job training of seven child care center workers at the City of
30 Boynton Beach, a copy of which is attached hereto as Exhibit "A".
S:\CA\RESO\Reso - Workforce Alliance (Employed Worker Training Grant - child care).doc
II
1 Section 3. This Resolution shall take effect immediately upon passage.
2 "'tb...
3 PASSED AND ADOPTED this K day of October, 2010.
4
5 CITY OF BOYNTON BEACH, FLORIDA
6
7
8 -------
9
10 ~ I
") 7/ .'
11 / A,/,- f_~ ~~_
12 !~.. /'
,
13 V ice Mayor - Marlene Ross
14
15
16
17 ?
18 "'
~C-G/,:~7
19
20 Commissioner - Woodrow L. Hay
21
22
23
24
25 ATTEST:
26
27
28 .~
29
30
31
~I .j;~<~"'~~/~~'~~~;,,,
~"
,,<i;"~~'
36 ; .~ :"
. . '(6
.. '.,,~
t;~,.., , ..". ,
~,.,~", .,. ~ ~
':"1:\- . " ~t;.( , .' ';
,,~,.~ \.," :.. ,~. ,
';',',<:i. ~< , ' ;~~tI
I~:;'t~,;:, 1,~'of~'
"7'~i~1
S:\CA\RESO\Reso - Workforce Alliance (Employed Worker Training Grant - child care).doc
wnrltfnfi'i\ , rLle ,- / s,7..j
Employed Worker Training Program Grant Application -
Alllilnc~
SECTION 1- COMPANY INFORMATION
A. Business Name: City of Bovnton Beach
B. Street/Mailing Address: 100 E. Boynton Beach Blvd.
C. Citv: Bovnton Beach 1 D. ZIP: 33435 I E. County: Palm Beach
F. Contact Person: Debbie Maiors I G. Title: Grants Coordinator
H. Phone: (561) 742-6241 I I. Ext.: I J. Fax: (561) 742-6238
K. E-Mail Address: maiorsd@bbfl.us L. Website Address: www.bovnton-beach.orq
M. Date of Inception: 1924 N. Years in Business: 86
O. Total Full-Time Employees at this Location: 805 P. Number of Emplovees to be Trained: 7
Q. Legal Structure of Business o Sole Proprietor o Partnership o Corporation
1:8:1 Non Profit o Leased
R. Employer's FederallD No.: I S. Unemployment Comp ID No.: I T. Florida Sales Tax Reg. No.:
596000282 99755387 60-04-1164-51-54C
U. Is your business current on all State of Florida tax obligations? 1:8:1 Yes ONo
V. Company is: W. Our Company is located in:
o Native/American Owned o Distressed Inner-City Area
o Asian/American Owned o HUB Zone
o Hispanic/American Owned o Brownfield
o African/American Owned o Enterprise Zone (provide EZ Number)
o Women Owned o Rural Area
o Other Minority Owned (specify):
X. Description of your business, producUs) and/or service(s): Municipal Government Primary NAICS and/or (SIC) Code:
Y. Amount of Grant Requested: $3,970.00 I Z. Salary averaqe of all oersons to be trained: $21.01
SECTION II - TRAINING INFORMATION
Please estimate the total amount your business will soend on traininq in 2010/2011: $4,000 (Recreation & Parks Dept)
A1. Training No.1 Start Date: 11/15/10 I 81. Trainina No.1 End Date: 11/17/10
C1. Name of Training Provider(s) & Website: o Company Employee o Private Instructor
National Institute of Child Care Management (NICCM) 1:8:1 Private Traininq Institution o Public Traininq Institution
D1. Name of Training Provider Contact: Daohne Reddick I E1. Phone: (813) 340-5382
F1. Address of Trainina: 225 N.W. 12 th Avenue I Citv: Bovnton Beach I ZIP: 33435
1:8:1 On-Site o At the Training Institution o At a Remote Location
G1. The Training Provider(s) will be: o Public Institution o Company Employee 1:8:1 Private Institution o Private Instructor
H1. Training will be delivered: 1:8:1 On-site o At the Trainina Institution o At a Remote Location
11. Name of Traininq Provider(s)/Website: www.niccm.com
J1. Name of Traininq Provider Contact: Daohne Reddick I Phone: (813)340-5382
K1. Address: 19240 Wood Saae Drive I L 1. City: Tamoa I M1. State: FL I N1. ZIP: 33647
01. Name of Traininq Course to be provided to each trainee: National Administrator Credential
P1. Cost per traininq course (if courses vary in cost, provide name and cost of each course): $5,000.00
A2. Training No.2 Start Date: I 82. Training No.2 End Date:
C2. Name of Training Provider(s) & Website: o Company Employee o Private Instructor
o Private Training Institution o Public Training Institution
D2. Name of Training Provider Contact: I E2. Phone:
F2. Address of Trainina: I City: I ZIP:
o On-Site o At the Training Institution o At a Remote Location
G2. The Training Provider(s) will be: o Public Institution o Company Employee o Private Institution o Private Instructor
H2. Training will be delivered: o On-site o At the Training Institution o At a Remote Location
12. Name of Training Provider(s)/Website:
J2. Name of Training Provider Contact: I Phone:
K2. Address: I L2. City: I M2. State: I N2. ZIP:
02. Name of Traininq Course to be provided to each trainee:
P2. Cost per training course (if courses vary in cost, orovide name and cost of each course):
A3. Trainina NO.3 Start Date: I 83. Training No.3 End Date:
C3. Name of Training Provider(s) & Website: o Company Employee o Private Instructor
o Private Training Institution o Public Training Institution
D3. Name of Training Provider Contact: I E3. Phone:
F3. Address of Trainina: I City: TZIP:
o On-Site o At the Training Institution o At a Remote Location
G3. The Training Provider(s) will be: o Public Institution o Companv Emplovee o Private Institution o Private Instructor
H3. Training will be delivered: o On-site o At the Training Institution o At a Remote Location
13. Name of Trainina Providerls)/Website:
J3. Name of Traininq Provider Contact: I Phone:
K3. Address: I L3. City: I M3. State: I N3. ZIP:
03. Name of Traininq Course to be provided to each trainee:
P3. Cost per training course lif courses vary in cost, orovide name and cost of each course):
An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon request to individuals with disabilities using TTYITOO equipment via the Florida Relay
Service at 711. This is an electronically controlled document. Do not copy or reproduce this document for distribution. Revised 8.5.10. Page 1 of 3
Wnrltfnr~ " .
n ,.....' '.' '...'
Alllanc'!:V Employed Worker Training Program Grant Application ,l' ,,__,'. .,
,\,;l ,'". '"
: .~ ,. . - .. : . ' -,
11
~--------~- --~--- SECTION 111- MISCELLANEOUS INFORMATION -,..~---~_..._...-
A. Will promotion/increase in wage be possible after completion of training? DYes ,__ 0 N?~'
B. Name of trainina courses to be provided to each individual trainee: National Administrator Credential -----------
C. Cost per trainino course (if courses vary in cost, provide name and cost of each course): $5,000.00 ------- ~-
Please provide a written statement (on separate letterhead if extra space is needed), as to why this company is seeking the Employed Worker
Training Grant, i.e., new laws, advanced technology to compete, avoid layoffs, and indicate the number of employees and what positions are to
be included in the training.
The City of Boynton Beach is a municipality that provides essential services to 67,000 citizens. The City is a
multifunctional operation which currently employs 805 full-time workers. Employees must be skilled and maintain
certifications to perform their duties effectively.
The Recreation & Parks Department operates two licensed afterschool programs tor youth ages 5- 12 years old. These
programs and sites are licensed Child Care facilities. The Department of Children & Families (DCF) requires staff to
obtain and maintain certifications to remain in compliance with the City's Child Care license. In September, the individual
with the Child Care Director's certificate resigned from the City, leaving the afterschool programs without a Certified
Director. At the risk of losing their license and closing the afterschool programs leaving over 140 families without care,
the Recreation & Parks Department is requiring all related staff to obtain his/her Child Care Director's Certification.
The seven individuals on the application require training to obtain a certification essential to his/her job functions. The
$5,000 training was not budgeted for, as the resignation of the employee was unforeseen. This additional, unanticipated
expense is a hardship on the City's budget.
As a result of this training, seven employees will retain self-sufficient employment. More importantly, these individuals
will not only enable the afterschool program to continue but they will obtain skills that will enable them to perform at a
higher level in the field of Child Care.
An Equai Opportunity Employer/Program-Auxiliary aids and services are available upon request to individuals with disabiiities using TTYITDO equipment via the Florida Relay
Service at 711. This is an electronically controlled document Do not copy or reproduce this document for distribution Revised 8,5 10 Page 2 of -,
.
Wnrltf;;C'p.., , ,.,
Allliln~ Employed Worker Training Program Grant Application As an authorized representative of the business below, I hereby certify that the information listed above and attached to this application is true
and accurate.
Business Name:
City of Boynton Beach
Signature: Title: Mayor
Print Name: Jose Rodriguez Date:
Submit original and two (2) copies to Employed Worker Training Program to:
Workforce Alliance
1951 N. Military Trail, Suite D
West Palm Beach, FL 33409
An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon request to individuals with disabilities using TTYITOO equipment via the Florida Relay
Service at 711. This is an electronically controlled document. Do not copy or reproduce this document for distribution. Revised 8.5.10. Page 3 of 3
-
IIIIDJ1i/i!rcO'. ~
EMPLOYED WORKER TRAINING VENDOR AGREEMENT NO. A~~
BY AND BETWEEN
Workforce Alliance, Inc. (Alliance)
315 South Dixie Highway, Suite 102, West Palm Beach, FL 33401
ATTACHMENT A BUDGET
Specifically show all formulas used to calculate totals. *To be awarded EWT funding, the total employer contribution noted in
Column C7 should be at least 50% of the total training costs noted in Column D7.
A. B. C. D.
CATEGORY EWT GRANT CONTRACTOR TOTAL TRAINING
ASSISTANCE CONTRIBUTION COST (B. + C.)
REQUESTED
1. TRAINING COSTS: BREAK OUT COSTS FOR INDIVIDUAL MODULES/SESSIONS
Tuition: (Minimum of 10% to be Employer
Contribution of Training Costs) $ 3,970.00 $ 1,030.00 $ 5,000.00
7 No. of Trainee's Total $5,000.00
$' Per Trainee $714.29
Instructor Fees: $ -
Consultant Cost: $ -
2. MATERIALS: (Itemize)
Supplies: $ -
Textbooks: $ -
Manuals: $ -
3. PURCHASE OF CAPITAL
EQUIPMENT: N/A $ -
(Employer Contribution Only)
4. LEASE OR RENTAL OF EQUIPMENT:
(Allowed Only During Training) $ -
5. EMPLOYEE TRAINING WAGES:
(Including Benefits, if Proposed as N/A $ 2,940.80 $ 2,940.80
Match, Limited to Time Actually Spent in
Training)
6. OTHER COSTS: (Describe) N/A $ -
7. *TOTAL $ 3,970.00 $ 3,970.80 $ 7,940.80
As an authorized representative of the business below, I hereby certify that the above "Attachment A Budget" is true and
accurate.
Prepared By: Debbie Majors, Grants Coordinator
EWT Employee Registration Form 10-11, Issue 5,7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYITDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
""t ,...,........" 1""\" r"on"f"'Ij."iII,...O ..hie rI"t"'III'TU3n+ In,. r4ieh'ihlltinn P",n<:> 7 nf 7 (Q/?n/1m
WarkfO~W" EMPLOYED WORKER TRAINING VENDOR AGREEMENT NO. fit) -/51.-/
BY AND BETWEEN
AII/;,nc'!:!/ Workforce Alliance, Inc. (Alliance)
315 South Dixie Highway, Suite 102, West Palm Beach, FL. 33401
AND
City of Boynton Beach, 100 East Boynton Beach Blvd., Boynton Beach FL 33435
(Contractor)
(Insert Employer/Contractor Name & Address Above)
WHEREAS, Alliance desires to enter into this Agreement with Contractor for the provision of Employed Worker Training
(EWT). The EWT Program is designed to assist Contractor with training expenses associated with skills upgrade training for full-time
employees.
NOW THEREFORE, in consideration of the mutual covenant and agreement expressed herein, Alliance and Contractor
hereby agree as follows.
1. TERM
The term of this Agreement shall commence on November 1,2010 . Training funded by this Agreement must begin within 15
business days from the date this Agreement is fully executed. This Agreement shall terminate on Mav30. 2011 . Training
funded by this Agreement must be completed within 60 calendar days from the date this Agreement is fully executed or no later
than May 30,2011, whichever comes first.
2. RESPONSIBILITIES OF CONTRACTOR AND ALLIANCE
Contractor agrees Contractor is:
A. A businesses that has been in operation in Palm Beach County, Florida (brick & mortar location) a minimum of one year prior
to application date and is current on all local, state and federal tax obligations.
B. A business that is for-profit, non-profit or governmental organization.
C. Has at least one full-time employee, apart from the owner, with an overall employee average wage of $30.00 per hour or more.
D. A business that has not received EWT grant funding from Alliance during the last 12 calendar months, defined as the
completion date of the last EWT training program funded by Alliance.
E. Requesting EWT training as a result of the following conditions (check all that apply):
_ Company expansion in a challenging economy
_ Have employees with obsolete skills that may be in jeopardy of being laid off should their skills not be upgraded
l Have employees that need additional training to retain their current job by enhancing their skills or learning new
technologies and procedures
Contractor will:
A. Provide all documentation and/or training information required by Alliance and WIA to receive the training grant.
B. Pay the full cost of training first and provide documentation of payment (invoice / credit card receipt 1 copy of front and back of
cancelled check) to training provider, in order to secure reimbursement, within thirty (30) days of last completed training date.
C. Be responsible for all training costs should employee fail to attend or complete scheduled training and not receive credential or
certificate.
D. Maintain Worker's Compensation on all employees.
E. Begin training within 15 business days upon full execution (signed by all parties) of this Agreement. Any invoice or payment
for training provider must be dated after EWT contract is executed.
F. Maintain complete and accurate records of training implementation and provide hard copy of documentation, if requested as a
result of audit.
G. Provide documentation of all trainees whose hourly wage is over $30.00 and is at risk of losing current employment unless
additional skills are obtained.
H. Request all employees participating in the training program complete an Employee Registration Form for EWT Program data
entry purposes. Employee Participation Documentation needed:
1. Proof of Citizenship - 1-9 information (Current Authorization to Work / Alien Status with applicable expiration date)
2. Proof of Selective Service Registration (males bom after 01/01/1960)
3. Proof of Veteran Status (DD Form 214), if claimed
4. Workforce Alliance Grievance Form
I. Ensure all EWT Program trainees are regular full-time employees prior to the start of this Agreement. Contracted or temporary
employees and owners of the business are not eligible for the EWT program.
J. Utilize only experienced training providers who are licensed in the State of Florida to provide the required training as described
in this Agreement.
K. Submit an invoice to Alliance upon completion of training that includes a Certificate of Completion andlor Skills Credential
earned and training agent invoice(s) with proof of payment.
L. Upon successful completion of training, ensure a nationally/state or industry recognized credential with the full date of training
completion is issued and a copy provided to Alliance.
M. Notify Alliance in writing of any funds and dollar amount allocated under the EWT WIA not used.
EWT Employee Registration Form 10-11, Issue 5, 7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYfTDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
not copy or reproduce this document for distribution. Page 1 of 7 (9/20/10)
Alliance agrees to.
A. Execute this Agreement after receiving all correct and accurate documents and provide Contractor with written confirmation of
approval.
B. Upon receipt of correct and accurate documents, process invoices received from the employer In a timely manner and
reimburse applicable training costs to the contractor at the agreed upon rate within a 30 day billing cycle.
C. Collect and retain all necessary documents required by this Agreement.
D. Follow-up with the employer andlor trainees quarterly up to one (1) year to monitor program success.
E. Reimburse Contractor up to the total amount stated in "Attachment A Budget" for training costs actually incurred to train
employees with a maximum of $2,000 reimbursement per trainee in accordance with this Agreement:
1. Training sessions provided as listed on "Attachment A Budget".
2. Costs incurred and invoiced agree with line items on "Attachment A Budget".
3. Successful completion of training described and delivered to the contracted number of employees.
4. Hard copies of Certificates of Completion andlor Skills Credential signed by training agent and include individual
employee name, along with the full date (mm/dd/yy) the certificate was awarded.
5. Sign in sheets for onsite training.
F. Consider fiscal modification requests during the Program Year that are:
1. Submitted in writing, with a copy of "Attachment A Budget" along with the proposed budget modifications.
2. Provide a written narrative of the rational for the budget modification.
G. Alliance reserves the right to award or deny fiscal modifications on a case-by-case basis.
3. COMPENSATION
A. This Agreement is funded with federal money that Alliance has received via a pass-through award from the Florida Agency for
Workforce Innovation. Contractor is therefore a subrecipient of the federal funds and is bound by all of the laws, rules and
regulations attached to these funds. Such requirements may originate at the Federal, State or Alliance level. OMB Circulars A-110
and A-122, among other sources, contain rules that apply to these funds.
B. Contractor shall return to Alliance any funds paid to Contractor which have been disallowed pursuant to the terms of this
Agreement. Contractor shall repay such amounts from funds other than funds received under any federal funding. Alliance may
withhold funds from requests for payment pending resolution of disallowed costs.
C. Contractor will invoice Alliance by the 10th calendar day of the month subsequent to the month for which the invoice is
submitted. All invoices shall reflect actual expenditures and must be supported by attached copies of invoices, payroll reports
or other documents, substantiating that the authorized program expenses were incurred, and must be approved by
management level personnel.
D. Contractor expressly understands and agrees that unexpected programmatic changes and/or reductions in funding levels may
occur due to factors beyond the control of Alliance, including but not limited to, new or revised Regulations, changes in funding
levels, new legislation, or newly promulgated state agency rulings. Thus, no assurances of any kind, verbal or in writing, of
continued funding are given to Contractor and Contractor expressly undertakes its obligations under this Agreement at its own
risk. Pursuant to the risk described immediately above, if the funds which is the intended source of funding for this Agreement
is not awarded, or if awarded, is funded at a level lower than requested, Alliance will not be liable to Contractor for any
damages or for any previously authorized payments beyond the cancellation date or date of modification of the funding.
Alliance shall give written notice to Contractor within 10 working days from the date of receipt of any cancellation or
modification notice. If funding is terminated or reduced, payments to Contractor shall be prorated out of funding up to the date
of cancellation or if the funding is modified, this Agreement shall be altered or reduced at the sole discretion of the Alliance.
Contractor shall be reimbursed for all costs incurred up to Contractor's receipt of notice of termination, to the extent that
Alliance has received funds for reimbursement under this Agreement.
E. The Parties agree that no reliance on any additional future funding has been promised by Alliance or indicated as a condition
by Contractor or been the basis for inducement to Contractor, for the execution of this Agreement nor for the complete
fulfillment of responsibilities and terms of this Agreement by Contractor. Alliance has not agreed and shall not agree to award
to Contractor for this Agreement any additional State or Federal funding received or funding which Alliance may receive in the
future.
4. MODIFICATIONS/AMENDMENTS
This Agreement may be modified by either party only upon written Agreement executed by both parties. This Agreement may be
unilaterally amended by Alliance if there are changes in federal, state or local laws, rules, regulations or policies.
5. CERTIFICATION REGARDING DRUG-FREE WORKPLACE RULE
Contractor assures and guarantees that it shall comply with the Federal Drug Free Workplace Act of 1988 and its implementing
regulations codified at 29 CFR 94, subpart F and the Drug Free Workplace Rules established by the Florida Worker's
Compensation Commission.
6. CONFLICT OF INTEREST
To avoid a conflict of interest, all Contractor's who have any financial and/or family/relative relationship(s) as defined in Section
112.3143, F.S. with any Alliance or Palm Beach Workforce Development Consortium (Consortium) staff member or Alliance Board,
Alliance Committee or Consortium member must prior to execution of the Agreement complete and submit to Alliance the Conflict
of Interest Disclosure form.
EWT Employee Registration Form 10-11, Issue 5,7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYfTDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
n.-..+ ,............." A,. 1"=.....,.1"\1"4111""0 thic nt"\I"'IIr'nont fnr nic::trihlltinn Paae 2 of 719/20/10)
7. RETENTION OF RECORDS
Contractor agrees to retain all financial records, supporting documents, statistical records, and any other documents (including
electronic storage media) pertaining to this Agreement for a period of 7 years. Contractor shall maintain complete and accurate
record keeping and documentation as required by the Alliance and the terms of this Agreement. Copies of all records and documents
shall be made available to the Alliance upon request at no cost. All invoices and documentation must be clear and legible for audit
purposes. Any records not available at the time of an audit will be deemed unavailable for audit purposes.
8. TERMINATION
Either party may terminate this Agreement at any time for any reason for convenience, upon giving twenty-four hours (24) written
notice to the other party. If said Agreement should be terminated for convenience as provided herein, Alliance will be relieved of all
obligations under said Agreement and Alliance will only be required to pay that amount of the Agreement actually performed to the
date of termination with no payment due for unperformed work or lost profits. In the event Alliance determines that Contractor's
services are not being performed as agreed upon, Contractor shall be deemed to be in default and Alliance reserves the right to
cancel this Agreement with twenty-four hours (24) written notice and to withhold all monies due Contractor until such time as
Alliance, in its sole discretion shall determine whether to have the Agreement services completed by others or to cease the
obtaining of services. In the event Alliance determines to have the Agreement completed by others, Contractor shall be liable for
any costs of completion in excess of that called for in this Agreement. In the event Alliance determines not to have the Agreement
completed by others, Contractor shall be paid for the services that is satisfactorily performed prior to termination but, in no event,
shall Contractor be paid for any work not actually performed or for lost profits.
9. INDEPENDENT CONTRACTOR
In the execution of this Agreement and rendering of services prescribed by this Agreement, Contractor shall maintain at all times its
independent status, and shall be considered an independent Contractor in the performance of its duties and responsibilities under
this Agreement. Alliance shall neither have nor exercise any control or direction over the methods by which the Contractor shall
perform its work and functions other than as provided herein. Nothing in this Agreement is intended to, nor shall be deemed to
constitute, a partnership or a joint venture between the parties. No provision of this Agreement, act of Contractor in the
performance of this Agreement, or act of Alliance in the performance of this Agreement, shall be construed as making Contractor
the agent, servant or employee of the Alliance.
10. INDEMNIFICATION/HOLD HARMLESS
To the extent not otherwise prohibited or limited by Florida law or Federal law or regulation, and without waiving any defense or
immunity, Contractor shall be liable, and agrees to be liable for, and shall indemnify, defend, and hold harmless the Alliance, any
director, employee, or agent, officers, heirs, and assignees employees, and the Palm Beach County Board of County
Commissioners from liability of any nature and kind, including costs, expenses, and attorney's fees, for or on account of any actions,
suits or damages of any character whatsoever arising out of any negligent act or omission of the Contractor or any employee, agent,
subcontractor, or representative of the Contractor.
Contractor further agrees to indemnify, save harmless and defend the Palm Beach Workforce Development Consortium, the Palm
Beach County Board of Commissioners, its agents, servants, and employee harmless from any and all demand or cause of action,
suits, judgments, or damages including court costs and attorney's fees of whatsoever kind or nature arising out of arising out of any
conduct or misconduct, intentional acts, negligence, or omissions by the Contractor, or its employees or agents, in the course of the
performance of this Agreement, including any claim or actions brought under Title 42 USC ~1983, the Civil Rights Act and for which
the Palm Beach Workforce Development Consortium, the Palm Beach County Board of Commissioners, its agents, servant of
employees are alleged to be liable.
In the event of any claim or suit against Alliance on account of any alleged patent or copyright infringement arising out of the
performance of this Agreement or out of the use of any supplies furnished or work or services performed under this Agreement,
Contractor shall furnish to Alliance, when requested, all evidence and information in possession of Contractor pertaining to such
suit or claim. Such evidence and information shall be furnished at the expense of Alliance except where Contractor has agreed to
indemnify Alliance or the Palm Beach Workforce Development Consortium or the Palm Beach County Board of Commissioners.
11. NON-ASSIGNABILITY CLAUSE
This Agreement or any right accruing hereunder shall not be assigned by Contractor in whole or in part without the prior written
consent of the Alliance. Any assignment in violation hereof shall be invalid.
12. GOVERNING LAW AND VENUE
The place for any hearing, arbitration or otherwise, shall be Palm Beach County, Florida. This Agreement shall be interpreted
under the laws of the State of Florida.
13. PUBLIC ANNOUNCEMENTS AND ADVERTISING
Contractor agrees that when issuing statements, press releases, request for proposals, bid solicitation, and other documents
describing the project or programs funded in whole or in part under this Agreement, Contractor shall clearly state: (1) the
percentage of the total cost of the program or project which will be financed with Federal money under this Agreement and (2) the
dollar amount of Federal funds for the project or program.
EWT Employee Registration Form 10-11, Issue 5, 7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYfTDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
not copy or reproduce this document for distribution. Page 3 of 7 (9/20/10)
14. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER MATTERS
Contractor certifies that it is not currently presently nor previously within a three-year period in accordance with the U.S
Department of Labor regulations at 29 CFR Part 98, 29 CFR Part 95 and 45 CFR Part 74 preceding the effective date of the
Agreement, debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions
by any federal department or agency. No contract shall be awarded to parties listed on the GSA List of Parties Excluded from
Federal Procurement or Non-Procurement Programs
15. NONDISCRIMINATION AND EQUAL OPPORTUNITY
Contractor shall establish and maintain a non-discrimination policy in accordance with the Executive Order 11246, as amended by
Executive Order 11375, Section 188 of the Workforce Investment Act of 1998, Executive Order (EO) No. 11246, The Age
Discrimination Act of 1975 as amended, Section 654 of the Omnibus Budget Reconciliation Act of 1981 as amended, Title VI of the
Civil Rights Act of 1964 as amended, which prohibits discrimination on the basis of race, color or national origin, Section 188 of the
Workforce Investment Act of 1998 (WIA), 42 U.S.C 2000 et seq., Section 504 of the Rehabilitation Act of 1973, as amended, the
Age Discrimination Act of 1975, as amended, Title IX of the Education Amendments of 1972, as amended, The American with
Disabilities Act of 1990, P.L. 101-336 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.
16. CERTIFICATION REGARDING LOBBYING AND INTEGRITY
Contractor shall comply with the provisions of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) 29 CFR Part 93. When
applicable, if this Agreement is in excess of $100,000. the Contractor must. prior to contract execution, complete the Certification
Regarding Lobbying Form.
17. CERTIFICATION REGARDING CLEAN AIR ACT (1970) AND AMENDMENTS OF 1990
When applicable, if this Agreement is in excess of $100,000, the Contractor shall comply with all applicable standards, orders or
regulations issued under the Clean Air Act as amended (42 U.S.C. 7401), Section 508 of the Clean Water Act as amended (33
U.S.C. 1368 et seq .), Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15). The Contractor
shall report any violation of the above to the Alliance Contract Manager.
18. ENERGY EFFICIENCY AND ENERGY POLICY ACT OF 2005 (PUBLIC LAW 109-58)
Contractor agrees to comply with all provisions of the Energy Policy Act of 2005 (Public Law 109-58). Contractor shall comply with
mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's Energy Conservation
Plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163).
19. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 SUPPLEMENTAL PROVISIONS
The Agreement to which these Supplemental Provisions are attached will apply when funded, in whole or in part, with American
Recovery and Reinvestment Act of 2009 ("ARRA") funds. Contractor 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. Contractor 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
State of Florida may provide written notification to Contractor 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. Whistle Blower Protections. ARRA ~1553. Contractor 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. Contractor 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 can be found at
http://www.recovery .gov /Contact/ReportF ra ud/Documents/Whistleblower+Poster. pdf. Contractor specifically acknowledges
that Contractor 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. Contractor shall promptly refer to an
appropriate Federal Inspector General any credible evidence that a principal, employee, agent, Contractor, 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. Contractor shall also refer promptly to Florida's Chief Inspector General any credible
evidence that a principal, employee, agent, Contractor, 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.f1oridaoig.com/arra_complaint.html.
EWT Employee Registration Form 10-11, Issue 5, 7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYfTDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
_ _L ____ __ _____-1..__ 4.1.-:~ ..J__"_~,,,"l...... ....I;.....a...;h...;,...n PrlOP. 4 of 7 19/20/10)
F. Access of Government Accountability Office. GAO/IG Access ARRA 1902,11514,11515 The United States Comptroller
General and his or her representatives has the authority to:
a) Examine any records of the Contractor 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
b) Interview any officer or employee of the Contractor or of any state or local government agency administering the
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 11515. 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 Contractor is advised that representatives of the Inspector General have the authority to examine any record and
interview any employee or officer of the Contractor 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 11609. Contractor 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 11.7. 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. Contractor 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 11604. ARRA funds shall not be used for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
K. Reporting. ARRA 11512, FFATA 12. The Agency may require that the Contractor provide reports and other employment
information as evidence to document the number of jobs created andlor retained by this project for the Contractor's own
alliance. No direct payment shall be made to Contractor 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 Contractor's obligations under this
Agreement. The State may provide written notice to Contractor of any such change, but such notice shall not be a condition
precedent to Contractor's duty to comply with revised OMB reporting requirements.
L. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the
Agreement and the State of Florida may terminate the 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
State of Florida under the Agreement, at law or in equity.
M. One Time Funding. Any funding provided in this Agreement through ARRA is one-time funding.
N. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of
Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by Office of Management and
Budget Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." This identification on the SEFA
and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and
amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with
the recipient reports required by ARRA Section 1512(c).
O. Alliance agrees to separately identify to Contractor and document at the time of subaward and at the time of disbursement of
funds, the CFDA number and amount of ARRA funds.
P. Accountability guidelines for ARRA emphasize data quality, streamlining data collection, and collection of information that
shows measurable program outputs. ARRA also emphasizes transparency and frequent communication with the American
publiC about the nature of ARRA investments. Accordingly, the U.S. Department of Labor (USDOL) is developing reporting
guidelines that will minimize any new collection burdens yet provide timely accurate accounting of system performance and
outcomes. Contractor shall collect and report information as conveyed in upcoming ARRA reporting instructions to be issued
by the USDOL. Additional reporting requirements are to be issued by USDOL and may require special reporting procedures
for these funds. Additional requirements and guidance will be issued at a later date when received by Alliance.
EWT Employee Registration Form 10-11, Issue 5. 7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYfTDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
not copy or reproduce this document for distribution. Page 5 of 7 (9/20/10)
Q. This Agreement is subject to the provisions of the Jobs for Veterans Act I,JVA). Public Lawi07-288 (38 use 4215), a"
implemented by the Final Rule published on December 19, 2008 at 73 Fed. Reg. 78132. The JVA provides priority of service
to veterans and spouses of certain veterans for the receipt of employment, training, and placement services. The Plannin9
Guidance (either the Stand-Alone Planning Guidance at 73 FR 72853 (December 1, 2008)) or the Unified Planning GuidancE'
at 73 FR 73730 (December 3, 2008) requires states to describe the policies and strategies in place to ensure, pursuant to the
JVA and the regulations, that priority of service is provided to veterans (and certain spouses) who otherwise meet the eligibility
requirements for all employment and training programs funded by the USDOL. In addition, the states are required to provide
assurances that they will comply with the Veterans' Priority Provisions established by the ,JVA (38 USC 4215 'I
R. 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 Contractor on projects
funded directly by or assisted in whole or in part by and through ARRA pursuant to this Agreement 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 See 1606).
S. Contractor shall promptly refer to Alliance and the USDOL Office of Inspector General any credible evidence that a principal,
employee, agent, contractor, subrecipient, subcontractor, or other person has submitted 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 those funds (ARRA Sec. 1553)
T. Buy American Requirements. None of the funds appropriated or otherwise made available by 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. See ARRA Section 1605 Contractor will
comply with the Veterans' Priority Provisions established by the Jobs for Veterans Act (38 USC 4215). ARRA Section 1605
prohibits the use of funds appropriated or otherwise made available by the Act for any 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
IN WITNESS WHEREOF, Contractor and Alliance have caused this Agreement to be duly executed as of the date set forth below.
APPROVED BY: Alliance APPROVED BY: Contractor
Workforce Alliance, Inc.
City of Boynton Beach
(insert employerlContractor name)
BY: BY:
Signed Alliance President/CEO, Kathryn Schmidt Signed Authorized Contractor Representative
Jose Rodriguez
Name Printed Authorized Contractor Representative
WITNESS: WITNESS:
DATE DATE
EWT Employee Registration Form 10-11, Issue 5,7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYfTDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
__.I. ___.. _______-1..__ .1.1-:_ -1__..___.L~__"":_.&.,,:L-.......:,....... P<<nA R "f 7 IQ/?n/1 n\
WD#&'liirc~ --.......
EMPLOYED WORKER TRAINING VENDOR AGREEMENT NO. A~~~
BY AND BETWEEN
Workforce Alliance, Inc. (Alliance)
315 South Dixie Highway, Suite 102, West Palm Beach, FL 33401
ATTACHMENT A BUDGET
Specifically show all formulas used to calculate totals. *To be awarded EWT funding, the total employer contribution noted in
Column C7 should be at least 50% of the total training costs noted in Column D7.
A. B. C. D.
CATEGORY EWT GRANT CONTRACTOR TOT AL TRAINING
ASSIST ANCE CONTRIBUTION COST (B. + C.)
REQUESTED
1. TRAINING COSTS: BREAK OUT COSTS FOR INDIVIDUAL MODULES/SESSIONS
Tuition: (Minimum of 10% to be Employer
Contribution of Training Costs) $ 3,970.00 $ 1,030.00 $ 5,000.00
_7_ No. of Trainee's Total $5,000.00
$ Per Trainee $714.29
Instructor Fees: $ -
Consultant Cost $ -
2. MATERIALS: (Itemize)
Supplies: $ -
Textbooks: $ -
Manuals: $ -
3. PURCHASE OF CAPITAL
EQUIPMENT: NIA $ -
(Employer Contribution Only)
4. LEASE OR RENTAL OF EQUIPMENT:
(Allowed Only During Training) $ -
5. EMPLOYEE TRAINING WAGES:
(Including Benefits, if Proposed as NIA $ 2,940.80 $ 2,940.80
Match, Limited to Time Actually Spent in
Training)
6. OTHER COSTS: (Describe) N/A $ -
7. *TOTAL $ 3,970.00 $ 3,970.80 $ 7,940.80
As an authorized representative of the business below, I hereby certify that the above "Attachment A Budget" is true and
accurate.
Prepared By: Debbie Majors, Grants Coordinator
EWT Employee Registration Form 10-11, Issue 5, 7/10/10. An Equal Opportunity Employer/Program-Auxiliary aids and services are available upon
request to individuals with disabilities using TTYfTDD equipment via the Florida Relay Service at 711. This is an electronically controlled document. Do
not copy or reproduce this document for distribution. Page 7 of 7 (9/20/10)