SEVENTEENTH AMENDMENT TO THE CONTRACT FOR WORKFORCE SERVICES BETWEEN
THE ALACHUA/BRADFORD REGIONAL WORKFORCE BOARD d/b/a FLORIDAWORKS AND
THE FLORIDA INSTITUTE FOR WORKFORCE INNOVATION, INC.
THIS Seventeenth Amendment (“Seventeenth Amendment”) to Contract # 01-01-09/10 (the “Contract”), is
entered into by and between The Alachua/Bradford Regional Workforce Board d/b/a FloridaWorks (the
“Board”), and The Florida Institute for Workforce Innovation, Inc. d/b/a the Institute for Workforce Innovation,
a not-for-profit corporation organized and existing under the laws of the State of Florida, (the “Contractor”).
The Board and the Contractor each is sometimes referred to herein as a “Party” and together are sometimes
referred to herein as the “Parties”.
RECITALS
WHEREAS, the Contractor is presently providing services under the Contract number referenced above; and
WHEREAS, the Contractor has agreed to reduce its Contract Amount without any reduction in staffing,
services, or performance; and
WHEREAS, the amount being voluntarily relinquished by the Contractor will be used by the Board to fund
additional Individual Training Accounts (ITA’s); and
WHEREAS, the Parties agree to comply with the Contract as amended by all the terms and provisions of this
Seventeenth Amendment, including all Attachments and any of their respective enclosures and other attached
and referenced documents that are expressly incorporated herein.
NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations, and other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties amend the
Contract as follows:
AMENDMENT
1.
The Contract is amended as specified herein.
2.
This Seventeenth Amendment is effective February 1, 2014 and expires June 30, 2014, subject to the
performance, termination, and loss of funding clauses of the Contract.
3.
Section 2.1 Allocated Funds of the Sixteenth Amendment to the Contract is deleted in its entirety and
replaced with:
Subject to Section 2.2 of the Contract, the maximum funds allocated for the Services, fees, and
performance outcomes specified in this Seventeenth Amendment are one million seven hundred eighty
thousand one hundred eighty six dollars and no cents ($1,780,186.00), (the “Contract Amount”).
4.
Unless otherwise terminated or amended as provided for in the Contract, as of the effective date of this
Seventeenth Amendment, the remaining Contract Amount being seven hundred thirty two thousand
eight hundred eighty one dollars and forty one cents ($732,881.41), eighty-five percent (85%) being six
hundred twenty two thousand nine hundred forty nine dollars and twenty cents ($622,949.20) shall be
earned in five (5) equal monthly payments of one hundred twenty four thousand, five hundred eighty
nine dollars and eighty four cents ($124,589.84).
1
5.
Unless otherwise terminated or amended as provided for in the Contract, the remaining fifteen percent
(15%) of the remaining Contract Amount, being one hundred nine thousand nine hundred thirty two
dollars and twenty one cents ($109,932.21) shall be earned in five (5) equal monthly payments of twenty
one thousand nine hundred eighty six dollars and forty four cents ($21,986.44), subject to the Contractor
achieving the performance measures specified in Attachment K.3 – Performance Measures - 070113063014. The Contractor will provide documentation of the delivery of those Performance Measures to
the Board’s AE within twenty (20) days following the end of each quarter. A review and reconciliation
of the Performance Measures will be performed on a quarterly basis. The retention of the Performance
Measure payments shall be cumulative over the current Term of the Contract, i.e., Performance Measure
amounts paid and not earned in one quarter because of a failure as of the end of that quarter to achieve a
certain Performance Measure will not be permanently foregone, but instead shall be deducted from
Contractor’s next monthly invoice and then paid in a later quarter if the cumulative performance
measured in a later quarter reaches the level required for performance payment relating to the earlier
quarter and to the later quarter cumulatively. Any Performance Measure amounts paid but not earned at
the end of the term of the current Term of the Contract shall be identified in Contractor’s financial
closeout documents and refunded to the Board. Any Performance Measure amounts earned at the end of
the Term, but not yet paid, shall be identified and submitted in the Contractor’s financial closeout
documents to the Board.
6.
Attachment B.7 – Budget - 070113-063014 is deleted in its entirety and replaced with Attachment B.8 –
Budget - 020114-063014, which is attached to and made part of this Seventeenth Amendment.
7.
The Recitals stated above are incorporated into this Seventeenth Amendment and the Contract.
8.
All other terms and conditions of the Contract and the prior amendments thereto that do not conflict with
or which are not superseded by the terms and conditions of this Seventeenth Amendment remain in full
force and effect.
IN WITNESS WHEREOF representatives of the Board and Contractor respectively set their hands on the
date(s) shown below and submit that they have the legal authority to bind their respective organizations to this
Seventeenth Amendment.
THE FLORIDA INSTITUTE FOR WORKFORCE INNOVATION, INC. D/B/A/ THE INSTITUTE
FOR WORKFORCE INNOVATION
Attested: _______________________
Date
Name: _________________________
Signed: ________________________
Title: __________________________
Title: __________________________
Date
Name: _________________________
2
THE ALACHUA/BRADFORD REGIONAL WORKFORCE BOARD d/b/a FLORIDAWORKS
Attested: _______________________
Date
Name: _________________________
Signed: ________________________
Title: __________________________
Title: Board Chair________________
Date
Name: Thomas McIntosh____________
Acknowledged by Florida Management Solutions, Inc. d/b/a/Focused Management Solutions (FMS),
acting solely for the purposes of this Seventeenth Amendment as the Board’s administrative entity.
Attested: _______________________
Date
Name: ________________________
Signed: ________________________
Title: __________________________
Title: President & CEO
Date
Name: Angela Pate
3
ATTACHMENT B.8 – BUDGET - 020114-063014
ITEM
AMOUNT
BUDGET
AMENDMENT
11/20/13
REVISED
AMOUNTS
BUDGET
AMENDMENT
2/01/14
$70,905.00
$1,187,097.50
$(31,875.00)
$1,155,222.50
(8,641.00)
331,445.12
REVISED
AMOUNTS
Salaries
$1,116,192.50
Benefits
340,086.12
$-
340,086.12
41,018.38
$-
41,018.38
$-
41,018.38
252,500.00
$-
252,500.00
$-
252,500.00
Operating
Indirect
Marketing
Total
Performance
Amount at Risk
$-
$-
$-
$-
$1,749,797.00
$70,905.00
$1,820,702.00
$(40,516.00)
$262,469.55
$10,635.75
$273,105.30
4
$$1,780,186.00