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RESOLUTION 90-20068 RESOLUTION NO. 90-20068 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM TO PROVIDE FUNDING FOR AN OFFICE OF INTERGOVERNMENTAL LIAISON AND COORDINATION; RETROACTIVE TO JULY 1, 1990. WHEREAS, the City of Miami Beach, by its Resolution No. 90-19995, adopted June 6, 1990, renewed its Consortium Agreement with the governments of Dade and Monroe Counties, and the Cities of Miami and Hialeah, designating the City Manager as official representative to said Consortium; and WHEREAS, said Resolution is in full force and effect; and WHEREAS, said Consortium at its July 5, 1990 meeting, approved funding for its member jurisdictions to continue to support Intergovernmental Coordination and Liaison staffs, effective July 1, 1990; and WHEREAS, the execution of an Agreement with said Consortium to implement and operate an Intergovernmental Liaison Office is recommended by the City Manager, and said Agreement has been approved by the City Attorney as to legal form and sufficiency. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk be, and they are hereby authorized and directed to execute and deliver said Agreement in the name of the City of Miami Beach. PASSED and ADOPTED this 5th day of September , 1990. A A,/61 M. or ATTEST: FORM APPROVED rect,„,. e)k LEGAL DEPT. City Clerk eV /ae Date —SO-2— .... _.•.':fs...:J`:iL.._:.i.r..ik':.Y:•tt-fir ,e' rh:.+...-.v.+.t:•_. Y .:1Y.?r.'�.rr1l..'....:S;:f.,.._�..a:Y:.it_i G..±.:-:r::'fii.a.., _Y.:1.+�_ ...:'r.:_:r..ia.'1.•.ra..�.:i_S •..._ .....,.M_:+ -.:y:_.:.tss:...W..K. ..s.r l•..0 n..s:"':L'-_. a.. ....Y tia_. , .. t . • eetet, tv ?Hearne 7/4a#u 'eae . FLORIDA 3 3 . `p'M� BF,qti�, zy t*iINCORP4'RATED * ..i'A CA TIO v L e4 I r D U. S. A. D Jo VC OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 43s--go DATE: September 5L_1990 TO: Mayor Alex Daoud and Members of the ommiss's n FROM: Rob W. Par ,*ns lOr City Manager f id41.1 SUECT: PROFESSIONAL SER ICES AGREEMENT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) TO PROVIDE INTERGOVERNMENTAL LIAISON SERVICES BACKGROUND: The SFETC, recognizing the need to provide appropriate staff support for the five (5) jurisdiction representatives, has earmarked funds for this purpose. A Professional Services Agreement between the City and the Consortium defines the staff functions and costs to provide this support, and provides for the reimbursement of such costs. ADMINISTRATION RECOMMENDATION: It is the Administration's recommendation that the Commission authorize the Mayor and City Clerk to execute the subject agreement, attached hereto, providing up to eleven thousand dollars ($11,000.00) for such Liaison services to the City Manager and to the SFETC. RWP:BCM:ae 1 AGENDA C - ITEM DATE r _s_s. ..._. .. n.... .._ ..J,•..... i<..!.J.ri. .. ...-.. .... . ... ....•AJ.s. ...t. ...Y..'.... .... •. v ti... . .t.-,..rJ KI •2,.I • • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: 673-7010 July 5, 1990 Mr. Joseph Alfano Executive Director South Florida Employment and Training Consortium 7220 NW 36 Street, Suite 300 Miami , FL 33166 Dear Mr. Alfano: Enclosed please find our Office of Intergovernmental Liaison Budget f• ' ••ram Year 1990/91. Sincerely you , / . Rob- . Parkins City Manager RWP:BCM:tc Enclosures cc: Burt C. Mondshein 13 CITY OF MIAMI BEACH OFFICE OF INTERGOVERNMENTAL LIAISON SALARY FORECAST 07/01/90 - 06/30/91 BI-WEEKLY NUMBER OF % TIME AMOUNT POSITION DESCRIPTION SALARY PAY PERIODS TOTAL DEVOTED REQUESTED LIAISON OFFICER* (Affirmative $88556 26 $23,025 20% $4,605 Action Officer) ACCOUNTANT $864048 6 $ 5,187 5% $ 259 (Account Clerk I) $89O41 20 $17 ,808 5� $ 890 Sub-totals 26 $22,995 $1,149 TOTAL ESTIMATED SALARIES: $5,754 *half-time employee NOTE: Does not include any Cost-Of-Living Adjustments • 14 +'5.��.e..r,.:.S:i�.�..--Pi:a.�.•i'v:•i___'b.i►-fi:.K-.'x:.,..e..i...s_.-_...�..L.__..........:'ice..�•�IL.�.-:�:.....L�i:.i�'v_'.i�.;a.?'..J�-✓......��..a.ti,•i.N.f..i2.r:..Hca_,yti•...f..s'••:rl►xts-'.�_:...rr.,..-.•>.�.�..,..,..r..r:•►�::�..._c...,a.��.+�-..—..a�...+,..:w..:a�.�•.s•.c.—...z..aa.y.�..�.�:...-...�.......__.....a_..�_w-,_,�.....�...—_..__"�_.__ _ _ • r •• • J. L'�� 2.` PROGRAM 3. DE:ART.44E TLIALIAISON - .. . S® o F 1 c 4. Dlvlc P•ti . C®n s o r b urs Ciiy ` �-• - 1•�.e... da+iere V 60 b.OrJECT I 7. FVZSDI;L'R` DESCRIP710.ti' AND JL'STIFJCATION CODEE. '�' e i • 101 SI. R IE S m Fro= Salary Forecast ° . � x'5,754 FRINGE BENE ITS• ° 140 • ICA - 7.5% "X $4,605 . � .345 141 Ret.��rerent -0L..O:•x $ 1,149 ' ' 142Insurance126 Group - Est. 0 . 25./ro. x12 =os. = 300 0 147 Worker's Corcensation - 0.� x $5,754 = • 29 800 . 4 O 309 I'�'SL' '•.*,CB ,'` General Liab it i . * 7. x o 0 � 7.5 $ 5,754 •- . .,./ ° 432 334 EOIT :".-E T �'N' AL . ° . • ' 1111111 .. i •• Long Distance Calls 10 @ $2.40 _ Incoming FAX @ $0.50/Sheet X 30 FAXs 24 s X 6 sheets/FAX = 90 ' 114 502 POS'"AG:: - • 0 • • • Q LCc31 Tr3.:e' .. 20 T-4- s @ - _. --.7, ,, (aye ) ' 300u: o: Tc-..-n Travel - 2 Tri_S @ $1650 tro Pi:•_-_'.7, .- 1 Trip @ $ 300 per tr_? = 300Aii.c.r\-" o 4 3,600 e c.72.772...._ & , 7 7:.7^a..----fie ^V�a • -7:-..! .. •is• .r ` m s 8. s v 1p eo •. C Recr;cuc`tor Costs - Xe::x C:o ies li TOTAL EL'OCE l 11 y00® I,: . • I , ...C1 .V . • ii. . • I • v n ► if ii i.o F 15 SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AGREEMENT SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 7220 N.W. 36 Street, Suite 300 Miami , Florida 33166 CONSORTIUM MEMBER JURISDICTION CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 INTERGOVERNMENTAL LIAISON OFFICE CONTRACT AMOUNT INDEX CODE NUMBER $11,000 512137 JTPA TITLE CONTRACT NUMBER SYS 2-PY'90-31-00 ARTICLE I TERMS OF AGREEMENT CITY OF MIAMI BEACH does hereby agree to implement and operate an Intergovernmental Liaison Office in accordance with all applicable regulations defined by the United States Department of Labor or the State of Florida under the Job Training Partnership Act (JTPA) of 1982, and the Immigration and Nationality Act, as amended by the Refugee Act of 1980, through the Florida Department of Health and Rehabilitative Services . CITY OF MIAMI BEACH also agrees to implement and operate the office in accordance with all regulations defined in Article V of this Contract. ARTICLE II EFFECTIVE PERIOD OF PERFORMANCE This Contract is negotiated between the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and CITY OF MIAMI BEACH from the first (1st) day of July, 1990, to the thirtieth (30th) day of June, 1991; at which time all performance other than close-out procedures which are required of CITY OF MIAMI BEACH in this Contract shall be completed. All close-out procedures stipulated in Article IV of the Service Provider Policies and Procedures Manual shall be completed within forty-five (45) calendar days subsequent to the expiration date listed in this Contract. Page 1 ARTTGLE III REZMUSEMENT COSTS The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, in consideration of the services rendered by CITY OF MIAMI BEACH, does hereby agree to reimburse allowable costs incurred by CITY OF Naga BEACH in theP erformance of this Contract. Maxireimbursement shall equal the actual amount of allowable cash expenditures incurred by CITY OF MIAMI BEACH in the performance of the Intergovernmental Liaison Office not to exceed $11,000. ARTICLE IV AILMABLE REIMBURSEMENTS Reimbursements are allowable under the following stipulations; (A) Allowable reimbursements shall be defined as those costs 'which are permitted by: (1) The United States Government in the Federal Management Circulars, the Code of Federal Regulations, and the Office of Management and Budget (OMB) Cir s; and (2) The State of Florida; and (3) The South Florida Employment and Training Consortiums as - ted in the Service Provider Policies and Procedures Manual which is part of this Contract. (B) All reimbursement costs shall be paid frau federal funds provided through the Job Training �g Partnership Act o f 19 82, and the Immigration and Nationality Act, as amended by the Refugee Act of 1980. (C) All reimbursement costs shall be charged to itemized sub-object codes as defined in the approved budget. The approved budget is documented in Exhibit A of this Contract. Reimbursement costs shall not exceed the maximum dollar amounts allocated for each sub-object code in this budget; except as provided in Article IV, Section D of this Contract. (D) CITY OF MIAMI BEACH may request budget modifications during the fiscal year. Such modifications must affect adjustments to sub-object codes or line items within sub-object codes which are within the maximum allocation established in ExhibitAof this Contract. Proposed modifications must be submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Once a budget modification is submitted, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM's EXECUTIVE DIRECTOR has the authority to approve, disapprove or to request further justification for such modif ications. Page 2 CITY OF NaAMI BEACH may not_ incur any costs when re imburs ement for such costs is subject to approval through a budget modification, until such time when written approval is provided by the SOUTH LORIDA EMPLOVENT AND TRAINING CONSO . - If such costs' are incurred while approval of a budget modification is pending, the costs shall be the responsibility of CITY OF mama BEACH. These costs shall not be reimbursed -by federal funds; nor shall they be reported to the SOUTH FLORIDA � AND TRAINING CONSORTIUM as an inclusion with other subsequent expenditures. (E) The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM SORTIUM mayrequest CITY OF BEACHto provide a budget modification to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at any time during the period of performance of this Agreement. (F) In the event the SOUTH FLORIDA ENPLOYMENT AND TRAINING CONSO the State of Florida, U. S. Department of Labor, and/or the U. S. Department of Health and Hunan Services disallows any funds that were reimbursed to CITY OF MIAMI BEACH as a result of fiscal audits of CITY OF NaAmm BEACH's Office then CITY OF RAMI BEACH agrees to reimburse and indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for any disallowed funds relating to the fiscal audits of CITY OF EaAMI BEACH's Office, upon completion of the audit appeals. In the event that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM is forced to sue CITY OFBEACH for breach of the terms of this Contract, and/or for violation of the Federal or State regulations and/or policies and procedures incorporated in this contract, and/or for the recovery of disallowed costs, CITY OF MIAMI BEACH agrees to reimburse the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for reasonable costs including attorneys' fees if the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM prevails in the lawsuit. (G) CITY OF NaAMI BEACH shall be required to notify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM within two (2) working days of any actual or potential litigation or grievance involving a participant or funds under an agreement with the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, further, that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall have the right to intervene in such litigation or grievance. ARTICLE V REGULATIONS CITY OF MIAMI BEACH does hereby agree to perform all activities as defined in this Contract in accordance with the following policies and procedures (A through E) which are in effect at the inception of this Contract or as may be promulgated during its life: (A) The Job Training Partnership Act of 1982 as amended (PL 97-300) ; 20 CFR Parts 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, and 638; and Federal regulations promulgated pursuant to the Job Training Partnership Act. (B) Title 45 of the Code of Federal Regulations Part 400, 96 CFR 212; the Immigration and Nationality Act (INA) , as amended by the Refugee Act of 1980 (PL 96-212) , 8 U.S.C. , Section 1522(c) , as made applicable by Section 501(a) of the Refugee Education Assistance Act of 1980 (FL 96-422) ; 9 U.S.C. , Section 1522 note; Section 409.026, Florida Statutes; the Federal Management Circulars 74-4 and 74-7; and pertinent Federal regulations promulgated pursuant to the Immigration and Nationality Act, as amended. Page 3 (C) Directives, regulations, and rules issued by the State of Florida. (D) The Service Provider Policies and Procedures Manual as edited and provided by the SOUTH FLORIDA EMPIXTMENT AND TRAINING CONSORTIUM. (E) Program Directives issued by the SOUTH FLORIDA EMPLOV,ENT AND TRAINING OONSO . (F) Assurances and Certifications of the SOUTH FICTUIDA EMPLOYMENT AND TRAINING CONSO • All of these policies and procedures are in effect at the inception of this Con- tract t and may be amended during the effective period of this Contract. All reg- ulations and manuals documented in Article V of this Contract are incorporated into this Contract by reference; thereby forming an integral part of this Contract. ARTICLE VI SERVICE DELIVERY The Office of the Intergovernmental Liaison will be responsible for providing V liaison services between the CITY OF BEACH and the SOUTH FLORIDA EMPLOYMENT AND TRAINING coNsoRrrug during the period of July 1, 1990 to June 30, 1991. These services will include: (A) Advise the Elected Officials of CITY OF Nva BEACH or designee of all Consortium policies, procedures, determinations, and results of staff research, reports, meeting agendas, and related information. (B) Ensure representation of the CITY OF MIAMI BEACH at all meetings held by the SOUTH FLORIDA EMPLOYMENT AND TRAINING coNsoRrrug, including liaison meetings, meetings of the Consortium Board, meetings of planning councils and any other meetings as required pursuant to the U. S. Department of Labor, U.S. Department of Health and Human Services, State of Florida, and/or Consortium policies. (C) Participate in all Audit Appeals Hearings convened by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUMExecutive Director. (D) Participate in Funding is Hearings requested by participants in the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM s t for Proposals (RFP) process. (E) Review all policy matters submitted by the SOS FLORIDA EMPLCYMENT AND TRAINING CONSORTIUM staff to the Consortium Board including but not limited to: Position Papers, RFP Specifications and rating instruments, funding decisions and SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM CONSORIUM Administrative and Intake Budgets. (F) Coordinate with the Executive Director all matters pertaining to the Consortia and proper functioning of the CITY OF MIAMI BEACH programs. (G) Coordinate with the CITY OF MEAMI BEACH's Local Elected Officials for appointments to the Private Industry Council of South Florida. (H) Provide the Executive Director with other over-all program planning and implementation support. Page 4 (I) Liss ist in all Audit Resolutions and/or Debt Collection responsibilities. (J) Assist in resolving all issues of non-complianceerta to P � programs operated by CITY Of BEACH. Monitor program progress in enrollments, placements, and expenditures. Facilitate program implementation in the CITY OF BEACH. CK) Coordinate linkages between SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and Economic Development agencies in the CITY OF NaAml BEACH. (L) Provide other Employment and Training Services to the CITY OF Nama BEACH programs as required by CITY OF MIAMI BEACH officials. (M) Instruct CITY OF MIAMI BEACH program staff on all SOUTH FLORIDA EKILOYMENT AND TRAINING CONSORTIUM policies and procedures. ARTICLE VII SUSPENSION OR DE-OBLIGATION OF FUNDS The SOUTH FLORIDA EMPLCYMENT AND TRAINING CONSORTIUM has the authorityto sus- pend or de-Obligate pen ig funds allocated to CITY OF BEACH for cause, for convenience, or for non-award or reduction of funds in accordance with Article VIII of this Contract. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall be the sole judge for determiningwhether CITY OF MIAMI BEACH has complied with the terms and conditionse gov rn.ung this Contract. Reasons for suspension or de-obligation shall include, but shall not be limited to the following: CA) When it is determined that CITY OF MIAMI BEACH has not complied with the obligations listed in this Contract, including the Services Delivery obligations as stipulated in Article VI of this Contract; (B) When it is determined that CITY OF MIAMI BEACH has not complied with the requirements for corrective action as stipulated by the SOUTH FLORIDAAND TRAINING CONSORTIUM; (C) When it is determined that the program administrator(s) representing CITY OF MIAMI BEACH have abused the purpose of the Job Training Partnership Act of 1982, and/or the Immigration and Nationality Act, as amended; (D) When it is determined that there is evidence of misfeasance in con- junction with regulations established in Article V of this Contract; or (E) When it is determined that CITY OF MIAMI BEACH has not spent and will not spend the total amount of funds obligated to the program within the period of performance. Page 5 ARTICLE VIII SUSPENSION AND/OR TERMINATION OF CONTRACT If, for any reason, the State of Florida, the U.S, art ment of Labor Dep or the U.S. Department of Health and Human Services does not award the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM funds for distribution or if such funds are awarded at reduced amounts, or reduced the Fiscal Year, the SOUTH � FLORIDA ANDEMPLOYMENT CONSORTIUM may terminate this Contract bygivingat least twenty-four (24) hours advance notice, in writing by certified mail or hand delivered, to CITY OF MIAMI BEACH. CITY OF BEACH has no right to appeal a termination under this section, and the date of termination shall be the date of receipt of the letter. CITY OF MIAMI BEACH shall be entitled to receive equitable just and compensation Jon for any services satisfactorily performed hereunder throughthe date specified • in the notice as the effective date of such termination. Such compensation � Cin shall not be provided to CITY OF MIAMI BEACH until such time as CITY OF NaAml BEACH fulfills its obligations to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM relative to the close-out procedures listed in Article IV of the Service Provider Policies and Procedures Manual. ARTICLE IX INSURANCE AND BONDING REQUIREMENTS CITY OF NaAN1 BEACH, operating in the capacity of a governmental jurisdiction, shall maintainJ insurance and specified by the SOUTH AND TRAINING CONSORTIUM.. A governmental jurisdiction shall include a public educational institution which is sponsored bya state or local governmental gjurisdiction. ARTICLE X DCCUNENTATION REQUIRED BY CITY OF MIAMI BEACH CITY OF MIAMI BEACH shall be required to submit all Policies and Certifications of Banding and Insurance to the SOUTH FLORIDA EFLPIINMENT AND TRAINING CONSORTIUM in accordance with Article IX of this Contract. This documentation shall be submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM prior to the effective date of performance of this Contract. No costs which are allowable through the performance of this Contract shall be incurred until this documentation is properly submitted. If costs are incurred prior to said stibmission, they shall be the responsibility of CITY OF BEACH and may not be reimbursed with federal funds. ARTICLE XI SUB-CONIRAM' AGREEmarrs OF MIAMI BEACH may not enter into any sub-contract agreements for the fulfillment of obligations under this Contract. CITY OF mama BEACH may not sell its assets or assign its rights under this Agreement without prior approval from the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Page 6 eRT'I C.E XII MAINTENANCE OF RECORDS AND CAPITAL EQUIPMENT All records pertaining to the funds provided under this Contract shall be maintained by CITY OF NaAma BEACH during the effective period of performance of this Contract and for a period of five (5) years subsequent to the expiration of this Contract or until all audit exceptions, grievances, and/or lawsuits which may have been presented as a result of this Agreement have been adequately � y resolved to the satisfaction of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, whichever period is longer. During this period, the SOUTH FLOC EMPLOYMENT AND TRAINING CONSORTIUM, the State of Florida, the U.S. Department of Health and Hunan Services, or the U.S. Department of Labor may request copies of any and all of these records. CITY OF MAN I BEACH shall be responsible for providing copies of these records at the time of the request. CITY OF muNa BEACH agrees and understands that it, or any of its agents or sub-contractors, would be in violation of Section 676.74 (c) of the federal regulations if it willfully obstructs or impedes, or endeavors to obstruct or impede, an investigation or inquiry performed by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM in conjunction with the regulations. This regulation includes the withholding of information contained in the records maintained by CITY OF MIAra BEACH. CITY OF MUM BEACH does hereby agree that any and all proposed purchases of capital equipment utilizing ,TIFA funds must first be approved by the des i.gnat ed Contracts Officer. ARTICLE XIII VECUItElNG OF CITY OF MIAMI BEACH's PROGRAK The SOUK FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to moni- tor, audit or perform an investigation of the Intergoverrinental Liaison Office of CITY OF r AMI BEACH at any time without prior notification in accordance with its authority provided in the federal regulations. In the event that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM d.eter- mine s that CITY OF NaAM1 BEACH is not in compliance with any ob l igat ions listed in this Contract, CITY OF NaA111 BEACH shall be required to take appropriate corrective action. This determination may be made at any time during the effective period of the Contract. If corrective action is required, CITY OF Naka BEACH shall be obligated to establish and implement appropriate measures to insure that those areas of non-compliance are corrected. Corrective action shall be completed by CITY OF MIAMI BEACH within thirty (30) days after the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has determined that CITY OF MIAMIBEACH is not in compliance; however, the SOUTH FLORIDA EMFLOYMENT AND TRAINING CONSORTIUM has the authority to determine that the timeframe for completion of the corrective action may be reduced or extended. ARTICLE XIV INDEMNIFICATION CITY OF MIAMIBEACH agrees to indemnify the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for damages or payments, and costs and expenses ar i s' out of breach of this contract, to the extent allowable by Section 768.28 of the State of Florida Statutes; however said indemnification is limited to and shall not exceed the contract amount of $11 ,000 as may be adjusted pursuant to the provisions of this contract, provided that the foregoing limitations shall not affect the City's liability under paragraph 14 of the SFETC Contract Agreement. Page 7 ARTICLE XV CONTRACT RAC1 CITY OF MIAMI BEACH may request an amendment to this Contract to conform with any contingencies which may require such amendment. Requests shall be made on a quarterly basis and shall be submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at least two (2) weeks prior to the end of the quarter which shall be defined as follows: First Quarter, September 15-30, 1990; Second Quarter, December 15-31, 1990; and Third Quarter, March 15-31, 1991; if allowable by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Amendments modifying the effective period of performance or the maximum alloca- tion require review, approval and execution by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. CITY OF maAml BEACH shall not incur any cost when reimbursement for such cost is subject to approval through a Contract Amencm ent; until such time that CITY OF BEACH provides the Contract Amendment to the SOUTH FLORA EMPLOYMENT AND TRAINING CONSORTIUM with appropriate signatures and certifications. If such costs are incurred while approval is pending, the costs shall be the responsibility of CITY OF MIAMI BEACH. These costs shall not be reimbursed by federal funds; nor shall they be reported to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM as an inclusion with subsequent expenditures. After approval, the appropriate signatures of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and CITY OF MIAMI BEACH shall be ascertained and the amendment shall be written and incorporated into this Contract, thereby becoming an integral part of it. SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may request an amendment to this contract at any time during the effective period of this Contract. SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may request an amendment to this Contract to comply with existing regulations covering job training pro- - grams to include budge t ary and other amendment s, if the U. S. Dep ar tment of Labor, the U. S. Department of Health and Human Services or the State of Florida promulgates new regulations which require such amend nts. ARTIMF, XVI NOTICES Notifications and letters addressed to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall be delivered or mailed to: SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 7220 N.W. 36 Street, Suite 300 Miami, Florida 33166. Page 8 Notifications and letters addressed to-CITY OF MIAMI BEACH shall be wiled to: CITY OF MIAMI BEACH Liaison Contract 1700 Convention Center Drive Miami Beach, Florida 33139 ARTICLE XVII WAIVERS No waiver of any provision hereof shall be deemed to have been made unless such waiver be in wr i t ing signed by the Executive Director of the CorLs ort ium. The failure of the SOUTH FLOC EMPLOYMENT AND TRAINING CONSORTI 1M to insist upon the strict performance of any of the provisions or conditions of this Contract, shall not be construed as waiving or relinquishing in the future any such covenants or conditions but the same shall continue and remain in full force and effect. ARTICLE XVIII CONTINGENCY CLAUSE finding for this contract is contingent on the availability of funds and con- tinued authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. ARTICI F; XIX AUDITS • CITY OF NaAM1 BEACH shall assure that all expenditures made under the terms of this contract are included in the scope of an annual audit of CITY OF mum BEACH in accordance with the provisions of the Single Audit Act of 1984 and (Th Circular A-128. CITY OF MIAMI BEACH shall provide a copy of its annual audit to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Notwithstanding this annual audit, CITY OF MIAMI BEACH does hereby agree that records relating to this contract may be audited or reviewed by the SOUTH FLORIDA EVTIMMENT AND TRAINING CONSORTIUM, the State of Florida, agencies of the United States Government, or their designees. Page 9 SIGNATORY FORM AUTHORIZED SIGNATURES FOR: CITY OF MIAMI BEACH PROGRAM ENTI1LfD: "Liaison Contract" (These Signatures Shall be the Same As Those Names Which Appear in the List of Authorized Si . atur-s P - ided in the Operational documents on File with the SOUTH FLORI /MVYME;j D TRAI%ING CONSORTIUM. ) la. )( 4 ir ,�' lb. �I '" Tr' gnat .s of Authorized Officials o 2a. Alex Daoud 2b. o Typed Names of Authorized Officials o 3a. MAYOR 3c. o Full Titles of Authorized Officials o 4a. 4b. Signature of Person Attesting Signature of Person Attesting Signature that Appears on Line Signature that Appears on Line la lb 1. Elain M. Baker do hereby agree that the following information is true: (Typed Name of City Clerk) 1) That I am the ' City Clerk of CITY OF MIAMI BEACH as the SERVICE PROVIDER herein: 2) That CITY OF MIAMI BEACH's governing body possesses legal authority to enter into this Contract; 3) That CITY OF MIAMI BEACH's goverr;ng body conducted a duly constituted meeting on the �� _day of 19 . yE' 4) That at the said meeting, the g6verning body authorized the execution of this contract, including all the understandings and assurances contained herein, by enacting one of the following parliamentary procedures: the governing body passed a motion authorizing execution of the Contract X the governing body adopted a resolution authorizing execution of the Contract; 5) That the governing body has directed those persons whose names appear on Lines la. and lb. above the act in their official capacity on behalf of CITY OF MIAMI BEACH in connection with this Contract. BY: 5. ttem—;,e )--;"1 (Signature of City ----Clerk) (PLACE SEAL HERE) Elaine M. Baker (Typed Name of City Clerk) I do hereby, certify that the City Clerk appeared before me on the 1.2 day of i9 90 and placed ( her) signature on line 5 a ove. • — Signature of Notary) (PLACE SEAL HERE) My Commission Expires: / ( q . 6"; 1"3 SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM FORM APPROVED LE DEPT. gY• �` (Contracts Officer) g % Date --/—/-2--'570 BY: � � (Executive Director) Page 10 OFFICE OF INTERGOVERNMENTAL LIAISON SALARY FORECAST 07/01/90 - 06/30/91 BI-WEEKLY NUMBER OF % TIME AMOUNT POSITION DESCRIPTION SALARY PAY PERIODS TOTAL DEVOTED REQUESTED LIAISON OFFICER* (Affirmative $885.56 26 $23,025 20% $4,605. Action Officer) ACCOUNTANT $864.48 6 $ 5,187 5% $ 259 (Account Clerk I) $890.41 20 $17 ,808 5% $ 890 Sub-totals 26 $22,995 $1,149 TOTAL ESTIMATED SALARIES: $5,754 *half-time employee NOTE: Does not include any Cost-Of-Living Adjustments ,. F17,1) 2.• PROGRAM 3. DEPARTMENT So . F 1 a 4• Div1Shc.ti S. LIAISON . 'Consortium CITY C= 2 A•II BEACH O.CeJFCT 7. £XPEND1 i URE DESCRIPTION ASD JUSTIFICATION 8. REQUEST 9. FCi CODE L'S • 101 • SALARIES S • From Salary Forecast $ 5,754 • FRINGE BE EFITS. 140 . rICA - . o 1(. $4,605 ._ . 345 • 141 Retirement 41.....07.•x $ 1,149 • .a 126 • 142 Group Insurance - Est. @ 25./eco, x12 . nos. = 300 • • 147 Worker's Compensation - 0.5 x $5,754 = 29 • 800 • 309 . INSURANCE . • General Liability. 7.57. X $ 5,754 432 . 334 EOU: .Nr R.EMAL • • • 401 TELEPEONE Long Distance Calls 10 @ $2.40 = 24 Incoming FAX @ $0.50/Sheet X 30 FAX' s X 6 sheets/FAX = 90 114 .• . 502 POSTAGE - GENERAL OPERATING 508 Local Travel - 20 Trips @ $15.00Jtrip (ave: ) 300. Cut of Tcr..ra Travel - 2 Trips C $ 1650p:= t=+c $3,30015----3c7iL;7"-S - L Trip @ $ 300 per trip = 30Q_ •�-� � 3,600 �J, C777.7kI & • r v i RA • ..r V . 7 r S 839 Re:r cd ct=on Costs - Xerox Copies TOTAL AL BUDGE x_11 ,000 .\ • • f PCE II ORIGINAL RESOLUTION NO. 90-20068 Authorizing and directing the Mayor and the City Clerk to execute an agreement with the South Florida Employment and Training Consortium to provide funding for anoffice of intergovernmental liaison and coordination; retroactive to July 1, 1990.