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RESOLUTION 92-20465 • RESOLUTION NO. 92-20465 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 $12,000 IN FUNDING FOR AN OFFICE OF INTERGOVERNMENTAL LIAISON AND COORDINATION; RETROACTIVE TO JULY 1, 1991. WHEREAS, the City of Miami Beach, by its Resolution No. 90- 19995, 0- 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 Consortium Agreement is in full force and effect; and WHEREAS, said Consortium at its June 10, 1991 meeting, approved funding for its member jurisdictions to continue to support Intergovernmental Coordination and Liaison staffs, effective July 1, 1991; 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 for a one year term, retroactive to July 1, 1991. PASSED and ADOPTED this 4th d.y of M.rch , 1992 . M.�or ATTEST: FORM APPROVED LEGAL DEPT. City Clerk Date 7 f f2-- • • CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. /Z2-92, DATE: March 4, 1992 TO: Mayor Seymour Gelber and Members of the City Commission AMP FROM: Carla Bernabei Talarico City Manager SUBJECT: AGREEMENT WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) TO PROVIDE REIMBURSEMENT OF FUNDING FOR INTERGOVERNMENTAL LIAISON SERVICES The SFETC, recognizing the need to provide appropriate staff support for the five (5) jurisdiction representatives, has earmarked funds for this purpose. This 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 for reimbursement of up to twelve thousand dollars ($12 , 000. 00) for a period of one year, retroactive to July 1, 1991, for such Liaison services provided by the City of Miami Beach to the SFETC. AGENDA ITEM Re. 7•Cp DATE "" 92 SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AGREEMENT SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 3403 N.W. 82nd Avenue, Suite 300 Miami , Florida 33166 CONSORTIUM MEMBER JURISDICTION CITY OF MIAMI BEACH 1700 Convention Center Drive Miami Beach, Florida 33139 INTERGOVERNMENTAL LIAISON OFFICE CONTRACT A;!UNT INDEX CODE NUMBER $12,001 ♦ 591131 JTPA TITLE CONTRACT NUMBER SYS 2-PY'91-39-00 • 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, 1991, to the thirtieth (30th) day of June, 1992; 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. PY'91 LIAISON OFFICE Page 1 TABLE OF CONTENTS ArticleI Terms. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . Page 1 Article II Effective Period of Performance. . . . . . . . . Page 1 Tableof Contents . . . . . .. . .. . . . . . . . . . . . . . . . . . .. . . . . . . . . ... Page 2 Article III Reimbursement Costs. . . . . . . . . . . . . . . . . .. . . Page 3 Article IV Allowable Reimbursements. . . . . . . . . . . . . . . . Page 3 Article V Regulations. . . . .. . . . . . . . . . . . . . . . .. . . . . .. Page 4 Article VI Service Delivery. . . . .. . .. . . . . .. . . . . .... . Page 5 Article VII Suspension or De-Obligation of Funds.. . . Page 6 Article VIII Suspension or Termination of Contract. . . Page 6 Article IX Insurance and Bonding Requirements. . .... Page 7 Article X Sub-Contract Agreements. . . . . . . .. . . . .. .. . Page 7 Article XI Maintenance of Records. . . . . .. .. . . . . .. ... Page 7 Article XII Monitoring of Program. . . . . . . . . . .. . .. . .. . Page 8 Article XIII Indemnification. . r. . . . . . . . .. . ... . . . . .. .. Page 8 Article XIV Contract Amendments. . . . . .. . . . . . . .. .. . .. . Page 8 Article XV Notices.. . ... .. . . . . . . . . .. . . . . . .. . . . .. . . . Page 9 Article XVI Waivers. . . . . . . . . . . . . . . . .. . . .. .. . . . . . . .. . Page 9 Article XVII Contingency Clause. . . .. . . . . . . . . . . . ...... Page 9 Article XVIII Audits. . . . . ..... .. . . . . . .. . . . . ... .. .... . . Page 10 Article XIX Standards of Conduct. . ... . ... ... . ... .... Page 10 Article XX Accreditation, Compliance with Applicable licensing Requirements, Tax and Insurance Requirements. ... . .. . Page 10 Article XXI Oral Communication. . .. .... . . ...... . . ... . Page 10 • Signatures . .. . . .. . .. .. . . .. . . .. .. . ......... .. . . . .. . Page 11 BUDGET PY'91 LIAISON OFFICE Page 2 • • ARTICLE III REIMBURSEMENT 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 byCITY 9 O F MIAMI BEACH in the performance of this Contract. Maximum reimbursement shall equal the actual amount of allowable cash expenditures incurred by CITY OF MIAMI BEACH in theerformance of Intergovernmental 1 P the I nter 9 Liaison Office not to exceed $12,000. ARTICLE IV ALLOWABLE 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) Circulars; and (2) The State of Florida; and (3) The South Florida Employment and Training Consortium as documen- ted in the Service Provider Policies and Procedures Manual which is part of this Contract. (B) All reimbursement costs shall be paid from federal fundsP rovided through the Job Training Partnership Act of 1982, 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 budget included in this Contract. Reimbursement costs shall not exceed the maximum dollar amounts allocated for each sub-object codein the budget; except as provided in Article IV, Section D of this Contract. Invoices from the Service Provider shall be paid by the SFETC to the Service Provider within 30 days after approval of the invoice provided that that invoice is submitted to the SFETC within the effective period of the contract or 120 days thereafter. (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 Exhibit A of 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 modifications. CITY OF MIAMI BEACH may not incur any costs when reimbursement for such costs is subject to approval through a budget modification, until such time when written approval is provided by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. If such costs are incurred while approval of a budget modification 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 other subsequent expenditures. PY'91 LIAISON OFFICE Page 3 (E) The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may request CITYOF hIAMI BEACHto provide a budget modification to the SOUTH FLORIDAEMPLOYMENT AND TRAINING CONSORTIUM at any time during theeriod of performance of this Agreement. p (F) In the event the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the State of Florida, U. S. Department of Labor, and/or the U. S. Department of Health and Human Services disallows any funds that were reimbursed to CITY OF MIAMI BEACH as a result of fiscal audits of CITY OF MIAMI 6EACH's Office then CITY OF MIAMI BEACH agrees to reimburse and indemnify the SOUTH FLORIDA EMPLOYMENT AND N TRAINING CONSORTIUM for any disallowed funds relating to the fiscal audits of CITY OF MIAMI 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 OF MIAMI BEACH for breach of the terms of this Contract, and/or for violation of the Federal or State regulations or and procedures � policies and p es i ncorpora ted i n 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 MIAMI BEACH shall be required to notifythe SOUTH EMPLOYMENT AND FLORIDA TRAINING CONSORTIUM within two (2) working days of any actual or potential litigation or grievance involving a participant or funds under an agreement p g 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. (H) The submittal of false information to the SFETC maybe considered as fraud and could result i n the immediate termination on of the contract. The Service Provider is liable for the repayment of funds that were paid by the SFETC for reported performance or other compensation for services or expenses subsequently determined to be invalid. Repayment may be by deduction from subsequent invoices or in the form of a check for the amount owed if the program ended. Resolution should occur within thirty (30) days. The Service Provider shall be liable for prosecution under criminal provisions if the 18 U.S.C. 665 for theft or embezzlement of federal funds. 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 (PL 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. PY'91 LIAISON OFFICE Page 4 (C) Directives, regulations, and rules issued by the State of Florida. (0) The Service Provider Policies and Procedures Manual - as edited and provided by the SOUTH FLORIDA EMPLOYMENT AND TKAINING CONSORTIUM. (E) Program Directives issued by the SOUTH FLORIDA EMPLOYMENT AND TRAINING COPJSORTIUM. (F) Assurances and Certifications of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; All of these policies and procedures are in effect at the inception of this Con- tract 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 liaison services between the CITY OF MIAMI BEACH and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM during the period of July 1, 1991 to June 30, 1992. These services will include: (A) Advise the Elected Officials of CITY OF MIAMI 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 CONSORTIUM, 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 CONSORTIUM Executive Director. (D) Participate in Funding Appeals Hearings requested by participants in the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM Request for Proposals (RFP) process. (E) Review all policy matters submitted by the SOUTH FLORIDA EMPLOYMENT 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 Administrative and Intake Budgets. (F) Coordinate with the Executive Director all matters pertaining to the Consortium and proper functioning of the CITY OF MIAMI BEACH programs. (G) Coordinate with the CITY OF MIAMI 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. (I) Assist in all Audit Resolutions and/or Debt Collection responsibilities. (J) Assist in resolving all issues of non-compliance pertaining to programs operated by CITY OF MIAMI BEACH. Monitor program progress in enrollments, placements, and expenditures. Facilitate program implementation in the CITY OF MIAMI BEACH. PY'91 LIAISON OFFICE Page 5 (K) Coordinate linkages between SOUTH FLORIDA• EMPLOYMENT AND TRAINING CONSORTIUM and Economic Development agencies in the BEACH. 9 CITY OF MIAMI (L) Provide other Employment and Training BEACH programs Services to the CITY OF MIAMI p g as required by CITY OF MIAMI BEACH officials. (M) Instruct CITY OF MIAMI BEACHro ram P 9 staff on all SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM policies and procedures. (N) CITY OF MIAMI BEACH is obligated to certify ertify absence of debarment and suspension prior to entering into contract and must notify SFETC of any changes immediately during the Program Year. CITY OF MIAMI is also obligated to certify the absenceBEACH from all subcontractors y of debarment and suspension receiving $25,000 or more in JTPA funds during the program year. ring (0) CITY OF MIAMI BEACH does herebyagree that purchases of 9 any and all proposed capital equipment utilizing JTPA funds must first be approved by the designated Contracts Officer. ARTICLE VII SUSPENSION OR DE-OBLIGATION OF FUNDS The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the ate fundsauthority to sus- pend or de-obligate allocated to CITY OF MIAMI 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 determining whether CITY OF MIAMI BEACH nd' C has complied with the terms and conditions itions governing this Contract. Reasons for suspension or de-obligation shall include, but shall not be limited to the following: owing: (A) When it is determined that CITY OF MIAMI BEACH hasnotcomplied comp 1�ed with the obligations listed in this Contract, includingthe Services Delivery obligations as stipulated 9 pu ated �n Article a VI of this Contract; (B) When it is determined that CITY OF MIAMI BEACH has not ' compl�ed with the requirements for corrective action as stipulated bythe SOUTH FLORIDA EMPLOYMENT ANDp TRAINING CONSORTIUM; (C) When it is determined that the program administrator (s)(s) representing CITY OF MIAMI BEACH have abused the purpose of the Job Training Partnership Act of 1982, and/or the Immigration / and Nationality�ty 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 not spend will p the total amount of funds obligated to the program within the period of performance. ARTICLE VIII SUSPENSION AND/OR TERMINATION OF CONTRACT If, for any reason, the State of Florida, the U.S. Department of Labor 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 during the Fiscal Year, the SOUTH FLORIDA EMPLOYMENT AND TRAINING 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 MIAMI BEACH has no right to appeal a termination under this9 section, and the date of termination shall be the date of receipt of the letter. PY'91 LIAISON OFFICE Page 6 CITY OF MIAMI BEACH shall be entitled to receive just and equitable compensation • q for any services satisfactorily performed hereunder through the date specified i g p c�f�ed in the notice as the effective ve date of such termination. Such compensation shall not be provided to CITY OF MIAMI BEACH until such time as CITY OF MIAMI obligations -, BEACH fulfills its obl i g s to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM relative to the close-out procedures listed in Article IV ofh t e Service Provider Policies and Procedures Manual . ARTICLE IX INSURANCE AND BONDING REQUIREMENTS CITY' OF MIAMI BEACH, operating in the capacity of a governmental jurisdiction, shall maintain insurance and bonding specified by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. A governmental jurisdiction shall include a public educational institution which is sponsored p by a state or local governmental jurisdiction. ARTICLE X SUB-CONTRACT AGREEMENTS CITY OF MIAMI BEACH may not enter into any sub-contract agreements for the fulfillment of obligations under this Contract. CITY OF MIAMI BEACH may not sell its assets or assign its rights under this Agreement without prior approval from the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. ARTICLE XI MAINTENANCE OF RECORDS All records pertaining to the funds provided under this Contract shall be maintained by CITY OF MIAMIBEACH during the effective period of performance of this Contract and fora 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 resolved to the satisfaction of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, whichever period is longer. During this period, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the State of Florida, the U.S. Department of Health and Human Services, or the U.S. Department of labor may request copies of any and all of these records. CITY OF MIAMI BEACH shall be responsible for providing copies of these records at the time of the request. PY'91 LIAISON OFFICE Page 7 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 MIAMI BEACH shall not incur . any cost when reimbursement for such cost is subject to approval through a Contract Amendment; mendment, until such time that CITY OF MIAMI BEACH provides the Contract Amendment to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM with appropriate s i signatures 9 ures 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. q 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, therebybecoming an integral part of it. m�ng SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM mayrequest an amendment q to this contract at any time during the effective period of this Contract. SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM mayrequest an amendment this Contract to comply with q to p y existing regulations covering job training pro- grams, to include budgetary and other amendments, if the U. S. Department of labor, the U. S. Department of Health and Human Services or the State of Florida promulgates new regulations which require such amendments. ARTICLE XV 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 3403 NW 82nd Avenue, Suite 300 Miami , Florida 33166. Notifications and letters addressed to CITY OF MIAMI BEACH shall be mailed to: CITY OF MIAMI BEACH Liaison Contract 1700 Convention Center Drive Miami Beach, Florida 33139 ARTICLE XVI WAIVERS No waiver of any provision hereof shall be deemed to have been made unless such waiver be in writing signed by the Executive Director of the Consortium. The failure of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 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 Funding 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. PY'91 LIAISON OFFICE Page 9 v • ARTICLE XVIII ' AUDITS CITY OF MIAMI BEACH shall assure that all expenditures made under er the terms of this contract are included in the scope of an annual audit of CITY OF MIAMI BEACH in accordance with the provisions of the Single Audit Act of 1984 and OMB Circular A-128. CITY OF MIAMI BEACH shall provide a copy of its annual audit to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Notwithstandingthis annual audit, CITY OF MIAMI BEACH does hereby e y agree that records relating to this contract may be audited or reviewed by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the State of Florida, agencies of the United States Government, or their designees. ARTICLE XIX STANDARDS OF CONDUCT In the administration of this Agreement, CITY OF MIAMI BEACH shall comply with the Standards of Conduct issued in the Florida Statutes, Sections 112.313 (Standards of Conduct for Public Officers and Employees of Agencies) and 104.31 (Political Activities of State, County, and Municipal Officers and Employees), as applicable. No officer, employee or agent of CITY OF MIAMI BEACH shall solicit or accept gratuities, favors or anything of monetary value from any actual or potential subcontractors and/or their respective clients. No executive, officer, agent, representative, or employee of CITY OF MIAMI BEACH may solicit or accept money or any other consideration from a third person or entity for the performance of an act reimbursed in whole or in part by CITY OF MIAMI BEACH. No immediate family member of any executive or employee of CITY OF MIAMI BEACH shall receive favorable treatment form employment into .,services provided by, or employment with, CITY OF MIAMI BEACH. CITY OF MIAMI BEACH shall also avoid entering into any agreement with any immediate family member. When it is in the public interest for CITY OF MIAMI BEACH to conduct business (only for the purpose of services to be provided) with an immediate family member CITY OF MIAMI BEACH shall obtain written approval from the SFETC before entering into an agreement. All correspondence shall be kept on file and available for monitoring and audit reviews. For purposes of this section, immediate family member include: wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, first cousin, aunt, uncle, niece, nephew, stepparent, and stepchild. ARTICLE XX ACCREDITATION, COMPLIANCE WITH APPLICABLE LICENSING REQUIREMENTS, TAX AND INSURANCE REQUIREMENTS. CITY OF MIAMI BEACH assures that it will comply with all applicable accreditation, business licensing, taxation, and insurance requirements. ARTICLE XXI ORAL COMMUNICATION The parties hereby acknowledge that this document represents the entire Agreement between the South Florida Employment and Training Consortium and CITY OF MIAMI BEACH regarding the subject matter thereof. The parties hereto agree that oral communication between the parties will not be accepted in any audit determination or other matter involving interpretation of the rules, policy directives, and regulations governing the implementation of program activities under this Agreement. PY'91 LIAISON OFFICE Page 10 • • , • FORM APPROVED SIGNATORY FORM - q4L DEPT. Bk.E.E2EE] 5;i- AUTHORIZED SIGNATURES FOR: CITY OF MIAMI BEACH PROGRAM ENTITLED•: Liaison Contract" Date z' Z (These Si g O 1 ures Shall be the Sa • 's Those Names Which Appear i n the List PP of Authorize ' 'nat 'es ' ovid-•► ' the Operational Documents on File with the SOUTH F 4. DA M' ' Y , NT A .9 r'! ! : ' u ieOla. lb. / 0/Signatures of Authorized Officials o 2a. Sey 'Lir Gelber 2b. o Typed Names of Authorized Officials o 3a. Mayor 3c. o Full Titles of Authorized Officials o Q 4a. ----(1E,`�v r"N• 31.1-o;to . Rawr.� B 4b. Signature of Person Attesting cl (e's Signature of Person Attesting Signature that Appears on Line Signature that Appears on Line la lb 1. Richard E. Brown , do hereby agree that the following information is true: (Typed Name of S./Matt /Clerk) 1) That I am the 5iittY/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 governing body conducted a duly constituted meeting on the 4th day of March 19 92 : 4) That at the said meeting, the governing 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. �- iry-f\A-,__, 1 (Signature of at t t(y/Clerk) (PLACE SEAL HERE) Richard E. Brown (Typed Name of )5 eU )WClerk) Richard E. Brown, who is personally known to me, I do hereby, certify that the €y/Clerk appeared before me on the 9th day of March , 19 92 , and placed (his/her) signature on line 5 above. 211t_1/___c_Y, c4 / 211___ (Signature of Notary Natalie L. Harvey (PLACE SEAL HERE) My Commission Expires: SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM NOTA � �T�OF ' ORTTV. MY COMMISSION i'XP.SFP'T 8,1095 / BONDED TFHRU GENERAL INS.t.TNr / / 401, BY: ak/ -, - / . /� (Contracts Officer) / i Y. (Executive Director) PY'91 LIAISON OFFICE Page 11 vlt 1,7-L..VLDL SoLuTIJN NO. 92-20465 41111, . _. Authorizing and directing the Mayor and d the City Clerk to execute an a reement g . -: , .. - . with the South Florida Emplo meet and y Training Consortium to provide $12,000 in funding for an Office of Intergovernmental Liaison and Coordination; retroactive to July 1, 1991. 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