AGREEMENT BETWEEN
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
DISTRICT
AND
Name of Youth Work Experience Provider Here
BOILER PLATE (REV 11.13.14)
THIS YOUTH WORK EXPERIENCE AGREEMENT (“Agreement”), entered into this ______day of ______, 2014 between the State of Florida, Department of Transportation, District , (“FDOT”) and ______( the “YWEP”), authorized to conduct business in the State of Florida. This Agreement shall begin upon the date of execution by the last party to this Agreement and shall remain in full force and effect through completion of all services required or the day of ,.
WITNESSETH:
The YWEP crew teams are to perform regularly scheduled and specific Maintenance activities as described in the Scope of Services, attached and incorporated into this Agreement.
The parties agree as follows:
I. SERVICES AND PERFORMANCE
a. The YWEP shall furnish services as described in Attachment A, Scope of Services, and Attachment B, Special Provisions, which are both attached and incorporated into this Agreement.
b. The contact persons for this Agreement are:
YOUTH WORK EXPERIENCE PROVIDER
ATTN.:
Address
City, State, Zip
State of Florida Department of Transportation, District
ATTN:
Address
City, State, Zip
c. FDOT shall prepare individual Letters of Authorization (LOA) specifying schedules, activities/work projects, estimated quantities with maximum amount of LOA, locations and required completion dates. Prior to the start of work under each Authorization, FDOT shall provide orientation to the YWEP supervisors regarding location, technical aspects, safety, and environmental considerations.
In the event work is not completed by the required completion date, the YWEP shall provide to FDOT a written justification and a plan of action describing in detail how the crew will perform the work in a timely manner for subsequent LOAs.
d. The YWEP will provide all labor and hand tools as necessary and appropriate to perform the required work in accordance with the current editions of FFDOT Standard Specifications for Road and Bridge Construction and FFDOT Roadway and Traffic Design Standards, as modified by Attachment B, Special Provisions. FDOT may furnish tools if tools other than the ordinary hand tools provided by the YWEP are required to perform the assigned work.
e. The YWEP shall provide safety equipment including vests and all personal items of clothing appropriate for the season of the year.
f. When a specific piece of equipment is required, FDOT may furnish equipment and an operator for a reasonable period to perform the required work.
g. FDOT shall furnish the YWEP with all materials necessary to perform assigned work, except as may be provided in this Agreement.
h. The YWEP shall accept responsibility for the use and Maintenance of any tools, equipment, supplies, and materials that are furnished by FDOT. The YWEP supervisor shall sign a hand receipt upon issuance and return of non-expendable items. If FDOT property is damaged directly or indirectly by the YWEP, its agents’, and/or an employees’ negligence, act or omission, the YWEP shall replace or repair FDOT’s property to its previous condition.
i. FDOT agrees to obtain all permits, licenses, approvals, and clearances from governmental agencies necessary for the completion of the assigned work.
j. FDOT shall provide technical assistance on the proper work methods, work zone traffic control, calculating and reporting of production, and use of equipment as required or necessary for job safety to the YWEP crew team supervisors. The YWEP team supervisors shall be responsible for providing to crew team members technical assistance on the proper work methods, work zone traffic control, calculating and reporting of production, and use of equipments required or necessary for job safety.
k. The YWEP shall ensure that crew teams, supervisors and necessary administrative support are provided to accomplish the work as detailed in the LOAs. The YWEP shall ensure that its supervisors are familiar with the provisions of this Agreement. The YWEP shall ensure that its supervisors are made available for training by FDOT regarding FDOT procedures before assignment to a crew team covered by this Agreement.
l. The YWEP shall ensure that its supervisors and crew team members shall follow all FDOT regulations, rules, policies, and procedures pertaining to the performance of assigned work.
m. Any LOA may be canceled by FDOT immediately upon notification to the YWEP when a supervisor and/or crew team member fails to follow FDOT rules, regulations, policies, and procedures pertaining to the performance of the assigned work and no corrective measure has been made by YWEP or for noncompliance with any of the provisions of this Agreement.
n. The YWEP shall ensure that, to the maximum extent possible, it will assign the same youth to the same teams on a day-to-day basis in order to maximize the effectiveness of prior training.
o. The YWEP shall provide youths with a Certificate of Completion of the Youth Work Experience Program to each youths who has successfully completed 480 individual work hours in the Youth Work Experience Program.
p. The YWEP shall provide medical treatment for its supervisors and crew team members injured on the job.
q. The YWEP shall provide transportation for crew teams and supervisors to the job sites.
II. TERM
a. Initial Term. This Agreement shall begin upon the date of execution by the last party to this Agreement. The term for providing service under this Agreement shall be a period of years from the date of execution.
b. RENEWALS
Upon mutual agreement, FDOT and the YWEP may renew this Agreement for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer. The renewals must be in writing and signed by both parties, and shall be subject to the same terms and conditions set forth in the original contract and any written amendments signed by the parties. Renewals are contingent upon satisfactory performance evaluations by FDOT and subject to the availability of funds.
III. TERMINATION AND DEFAULT
a. This Agreement may be canceled by FDOT in whole or in part at any time the interest of FDOT requires such termination. FDOT reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors.
b. If FDOT determines that the performance of the YWEP is not satisfactory, FDOT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the YWEP of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by FDOT.
c. If FDOT requires termination of the Agreement for reasons other than unsatisfactory performance of the YWEP, FDOT shall notify the YWEP of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
d. If the Agreement is terminated before performance is completed, the YWEP shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the agreement price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress shall become the property of FDOT and shall be turned over promptly by the YWEP.
IV. COMPENSATION AND PAYMENT
a. The YWEP shall be compensated according to Attachment C, Method of Compensation, attached and incorporated into this Agreement. The maximum compensation for the term of this agreement is limited to $990,000.
b. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Section 215.422(14), Florida Statutes.
c. If this Agreement involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments.
d. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof.
e. The bills for any travel expenses, when authorized by terms of this Agreement and by FDOT's Project Manager, shall be submitted in accordance with Section 112.061, Florida Statutes, and Chapter 3- Travel, FDOT's Disbursement Operations Manual, 350-030-400.
f. The YWEP providing goods and services to FDOT should be aware of the following time frames. Upon receipt, FDOT has five (5) working days to inspect and approve the goods and services, unless otherwise specified in this Agreement. FDOT has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved.
g. If a payment is not available within forty (40) days, a separate interest penalty as established pursuant to Section 215.422, Florida Statutes, shall be due and payable, in addition to the invoice amount, to the YWEP. Interest penalties of less than one (1) dollar shall not be enforced unless the YWEP requests payment. Invoices which have to be returned to a YWEP because of YWEP preparation errors shall result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to FDOT.
The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22), Florida Statutes, all payments shall be assessed a transaction fee of one percent (1%), which the YWEP shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the transaction fee shall, when possible, be automatically deducted from payments to the YWEP. If automatic deduction is not possible, the YWEP shall pay the transaction fee pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments, the YWEP certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The YWEP shall receive a credit for any transaction fee paid by the YWEP for the purchase of any item(s) if such item(s) are returned to the YWEP through no fault, act, or omission of the YWEP. Notwithstanding the foregoing, a transaction fee is non-refundable when an item is rejected or returned, or declined, due to the YWEP's failure to perform or comply with specifications or requirements of the Agreement. Failure to comply with these requirements shall constitute grounds for declaring the YWEP in default and recovering reprocurement costs from the YWEP in addition to all outstanding fees. YWEPS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. Transactions with an entity designated as non-profit under the Internal Revenue Code or by the Florida Secretary of State, unless such entity is awarded a contract following a competitive solicitation involving for-profit entities and the contract, if awarded to a for-profit entity, would be subject to the transaction fee.
h. A vendor ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by contacting the Division of Consumer Services at 1-877-693-5236.
i. Records of costs incurred under this Agreement shall be maintained and made available upon request to FDOT at all times during the period of this Agreement and for five (5) years after final payment for the work pursuant to this Agreement is made. Copies of these documents and records shall be furnished to FDOT upon request. Records of costs incurred shall include the YWEP's general accounting records and the project records, together with supporting documents and records of the YWEP and all subcontractors performing work on the project, and all other records of the YWEP and subcontractors considered necessary by FDOT for a proper audit of project costs.
j. FDOT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. FDOT shall require a statement from the comptroller of FDOT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, FDOT's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature.
V. INDEMNITY AND PAYMENT FOR CLAIMS
a. INDEMNITY: The YWEP assumes full responsibility for any risk of bodily injury, death or property damage to its supervisors, crew team members and other employees, agents, and representatives while in or on FDOT property, while traveling to and from the job sites, and while performing work under this Agreement.
To the extent permitted by law, the YWEP shall indemnify, defend, save and hold harmless FDOT and all of its officers, agents, or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to the performance or breach of the Agreement by the YWEP or its subcontractors, agents or employees or due to any negligent act, or occurrence of omission or commission of the YWEP, its subcontractors, agents, or employees. Neither the YWEP nor any of its agents will be liable under this section for damages arising out of injury or damage to persons or property directly caused by or resulting from the negligence of FDOT or any of its officers, agents, or employees. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes or any similar provision of law.