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Resolution 93-21005 a RESOLUTION NO. 93-21005 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $30,000 WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM FOR AN OFFICE OF INTERGOVERNMENTAL LIAISON AND COORDINATION, RETROACTIVE TO JULY 1, 1993. WHEREAS, on April 22,' 1992, the Mayor and City Commission approved Resolution No. 92-20492 renewing the South Florida Employment and Training Consortium Agreement between the City, Dade and Monroe Counties, and the Cities of Hialeah and Miami (the Consortium) ; and WHEREAS, the Consortium Agreement designates the City Manager as official representative to the Consortium; and 4. WHEREAS, at its June 11, 1993 meeting, the Consortium approved funding for its member jurisdictions to continue to support intergovernmental ,liaison and coordination, effective July 1, 1993; and ,, WHEREAS, the execution of the attached Agreement with the Consortium to implement and operate an intergovernmental liaison office is herein recommended by the Administration. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute and deliver the attached Agreement between the City of Miami Beach and the South Florida Employment and Training Consortium for a one year term, retroactive to July 1, 1993 and continuing through June 30, 1994 PASSED and ADOPTED this 5th day of January , 1994. Alf __--- Mayor ATTEST: qA,chi,i E.- iviNe.,..„- City Clerk , FORM AP VED I LEG PT. ` /ate Date 5' CITY OF MIAMI BEACH • CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 • FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. J jA,I TO: Mayor Seymour Gelber and DATE: January 5 , 1994 Members of the City Commission • FROM: Roger M. a fj City Manager `/C ���� %� • • SUBJECT: ADOPTION OF A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE AN ANNUAL AGREEMENT 1$ THE AMOUNT OF $30,000 WITH THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM FOR AN OFFICE OF INTERGOVERNMENTAL LIAISON AND COORDINATION; RETROACTIVE TO JULY 1, 1993; AND APPROPRIATING FUNDS. ADMINISTRATION RECOMMENDATION: • The Administration recommends adoption of the attached Resolution which authorizes the execution of an Agreement with the South Florida Employment and Training Consortium, retroactive to July 1, 1993. • BACKGROUND: The City, as a member of the South Florida Employment and Training Consortium,. is required to maintain and support an Intergovernmental Liaison Office. Each year we are asked to execute an operating agreement which embodies the terms and conditions of this cooperative venture. ANALYSIS: In exchange for these services, we are entitled to be reimbursed for annual expenditures incurred up to $30,000. Funds received under this Agreement are used to offset associated salary and fringe benefit posts. CONCLUSION: • The Agreement must be approved by the Mayor and City Commission to ensure that we receive the $30,000 reimbursement to the City's General Fund. Without this Agreement, the City will, be unable to request reimbursements from the Consortium. RMC:TCA:AE 1 AGENDA R-9- ITEM • DATE 1 -5 _9• _. • I I fi s • ;•NCI�� }y+(y�U N(G C.ONS'.::.}T:I'UM }yY��[y,�� y/��(, yy�� 'y�1�:yry��y��/ '..'.:::::''.GiNfAIr::::•MI:N%ii►�N�I.�l1R•j:::::���.\ �� AGREEMENT SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 3403 N. W. 82ND AVENUE, SUITE 300 MIAMI,. FL 33122-1029 CONSORTIUM MEMBER JURISDICTION CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL 33139 INTERGOVERNMENTAL LIAISON OFFICE CONTRACT AMOUNT INDEX CODE NUMBER $30, 000 593006 JTPA TITLE CONTRACT NUMBER SYS 2A-PY.'93-09-00 • 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 as amended, 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. • Page 1 of 14 TABLE OF CONTENTS Article I Terms Page 1 Table of Contents Page 2 Article II Effective Period of Performance Page 3 Article III Reimbursement Costs Page 3 Article IV Allowable Reimbursements Page 3 Article V Regulations Page 5 Article VI Service Delivery Page 6 Article VII Suspension or De-Obligation of Funds . . Page 7 Article VIII Suspension or Termination of Contract . Page 8 Article IX Insurance and Bonding Requirements . . . Page 8 Article X Sub-Contract Agreements Page 9 Article XI Maintenance of Records Page 9 Article XII Monitoring of Program Page 9 • Article XIII Contract Amendments Page 10 Article XIV Notices Page 11 Article XV Waivers Page 11 Article XVI Contingency Clause Page 11 Article XVII Audits Page 12 Article XVIII Standards of Conduct Page 12 Article XIX Accreditation, Compliance with Applicable Licensing Requirements, Tax and Insurance Requirements Page 12 Article XX Oral Communication Page 13 Article XXI Arbitration Page 13 Article XXII Limitation of Liability Page 13 Signatures Page 14 BUDGET Page 2 of 14 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, 1993, to the thirtieth (30th) day of June, 1994; 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. 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 by CITY OF MIAMI BEACH in the performance of the Intergovernmental Liaison Office not to exceed Thirty Thousand Dollars ($30,000. 00) . ARTICLE IV ALLOWABLE REIMBURSEMENTS Reimbursements are allowable under the following stipulations: (A) Allowable reimbursement 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 documented in the Service Provider Policies and Procedures Manual which is part of this Contract. (B) All reimbursement costs shall be paid from federal funds provided through the Job Training Partnership Act of 1982 as amended, 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 Page 3 of 14 o _ S t maximum dollar amounts allocated for each sub-object code in 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 within the effective period of the Contract or one hundred twenty (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. (E) The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may request CITY OF MIAMI BEACH to 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 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 BEACH's Office then CITY OF MIAMI 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 MIAMI BEACH's Office, upon completion of the audit appeals. (G) CITY OF MIAMI 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 TRAINING CONSORTIUM; further, that the SOUTH FLORIDA EMPLOYMENT Page 4 of 14 . _ ti . • AND TRAINING CONSORTIUM shall have the right to move to intervene in such litigation or grievance. (H) The submittal of knowingly false information to the SFETC may be considered as fraud and could result in the immediate termination 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 of the 18 U.S.C. 664 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 626 628, 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. (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 EMPLOYMENT AND TRAINING CONSORTIUM. (E) Program Directives issued by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (F) Assurances and Certifications of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Page 5 of 14 7 ` • All of these policies and procedures are in effect at the inception of this Contract and may be amended during the effective period of this Contract. All regulations 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, 1993 to June 30, 1994. 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. Page 6 of 14 • (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. (K) Coordinate linkages between SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and Economic Development agencies in the CITY OF MIAMI BEACH. (L) Provide other Employment and Training Services to the CITY OF MIAMI BEACH programs as required by CITY OF MIAMI BEACH officials. (M) Instruct CITY OF MIAMI BEACH program staff on all SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM policies and procedures. (N) CITY OF MIAMI BEACH is obligated to certify 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 BEACH is also obligated to certify the absence of debarment and suspension from all subcontractors receiving Twenty-Five Thousand Dollars ($25, 000.) or more in JTPA and/or DHRS funds during the program year. (0) CITY OF MIAMI BEACH does hereby agree that any and all proposed purchases of capital equipment utilizing SFETC 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 authority to suspend or de-obligate funds allocated to CITY OF MIAMI BEACH for cause, or for non-award or reduction of funds in accordance with Article VIII of this Contract. Reasons for suspension or de-obligation shall include, but shall not be limited to, the following: (A) 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 FLORIDA EMPLOYMENT AND TRAINING Page 7 of 14 • 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 conjunction 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. ARTICLE VIII SUSPENSION AND/OR TERMINATION OF CONTRACT If, for any reasons, 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 by giving at least seven (7) calendar days in advance notice, in writing by certify mail or hand delivered, to CITY OF MIAMI BEACH. CITY OF MIAMI BEACH shall be entitled to receive just and equitable compensation for any services satisfactorily performed hereunder through the date specified in the notice as the effective date of such termination. Such compensation shall not be provided to CITY OF MIAMI BEACH until such time as CITY OF MIAMI 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 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 by a state or local governmental jurisdiction. Page 8 of 14 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 without prior approval of SFETC, which approval shall not be unreasonably withheld. 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 MIAMI 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 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, the U. S. Department of Labor or any representative thereof, 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. CITY OF MIAMI 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 willful and knowing withholding of information contained in the records maintained by CITY OF MIAMI BEACH. ARTICLE XII MONITORING OF CITY OF MIAMI BEACH'S PROGRAM The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to monitor, audit or perform an investigation of the Intergovernmental Liaison Office of CITY OF MIAMI 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 Page 9 of 14 • CONSORTIUM determines that CITY OF MIAMI BEACH is not in compliance with any obligations listed in this Contract, CITY OF MIAMI 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 MIAMI 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 MIAMI BEACH is not in compliance; however, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to determine that the time frame for completion of the corrective action may be reduced or extended. ARTICLE XIII CONTRACT AMENDMENTS 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, 1993 ; Second Quarter, December 15-31, 1993 ; and Third Quarter, March 15-31, 1994 ; if allowable by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Amendments modifying the effective period of performance of the maximum allocation 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; until such time that CITY OF MIAMI BEACH provides the Contract Amendment to the SOUTH FLORIDA 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. Page 10 of 14 SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may request an amendment to this Contract to comply with existing regulations covering job training programs, 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 XIV 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 N. W. 82nd Avenue, Suite 300 Miami, FL 33122-1099 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, FL 33139 ARTICLE XV 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 XVI CONTINGENCY CLAUSE Funding or this Contract is contingent on the availability of funds and continued authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization, reductions of funds, and/or change in regulations. Page 11 of 14 ARTICLE XVII AUDITS CITY OF MIAMI 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 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 within thirty (30) days of its issuance and not more than twelve (12) months from the end of the CITY OF MIAMI BEACH's fiscal year. Notwithstanding this annual audit, CITY OF MIAMI BEACH does hereby agree that records relating to this Contract may 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 XVIII STANDARDS OF CONDUCT In the administration of this Contract, 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 or any executive or employee of CITY OF MIAMI BEACH shall receive favorable treatment for employment into services provided by, or employment with, CITY OF MIAMI BEACH. CITY OF MIAMI BEACH shall comply with Section 839.08 and Section 112 .311 of the State of Florida Statutes. All correspondence shall be kept on file and available for monitoring and audit reviews. For purposes of this section, immediate family member includes: wife, husband, son, daughter, mother, father, brother, brother-in- law, sister, sister-in-law, first cousin, aunt, uncle, niece, nephew, stepparent, and stepchild. ARTICLE XIX ACCREDITATION, COMPLIANCE WITH APPLICABLE LICENSING REQUIREMENTS, TAX AND INSURANCE REQUIREMENTS. CITY OF MIAMI BEACH assures that it will comply with all applicable Page 12 of 14 accreditation, business licensing, taxation, and insurance requirements. ARTICLE XX 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 Contract. ARTICLE XXI ARBITRATION Any controversy or claim for money damages arising out of or relating to this Contract, or the breach hereof shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitration award shall be final and binding upon the parties hereto and subject to no appeal, and shall deal with the question of the cost of arbitration and all matters related thereto. In that regard, the parties shall mutually select one arbitrator, but to the extent that the parties cannot agree upon the arbitrator, then the American Arbitration Association shall appoint one. Judgment upon the award rendered may be entered into any court having jurisdiction, or application may be made to such court for an order of enforcement. Any controversy or claim other than a controversy or claim for money damages arising out of or relating to this Agreement or the breach thereof, including any controversy or claim relating to the right to specific performance, shall be settled by litigation not arbitration. ARTICLE XXII LIMITATION OF LIABILITY The CITY OF MIAMI BEACH desires to enter into this Contract only if in so doing the CITY OF MIAMI BEACH can place a limit on its liability for any cause of action for money damages due to an alleged breach by the CITY OF MIAMI BEACH of this Contract, so that its liability for any such breach never exceeds the sum of Thirty Thousand Dollars ($30, 000) . The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM hereby expresses its willingness to enter into this Contract with a Thirty Thousand Dollar ($30, 000) limitation on recovery for any damage action for breach of contract. Page 13 of 14 Accordingly, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM hereby agrees that the CITY OF MIAMI BEACH shall not be liable to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for damages in an amount in excess of Thirty Thousand Dollars ($30, 000) for any action occurring from breach of contract arising out of the performance or non performance of any application imposed upon the CITY OF MIAMI BEACH by this Contract. The foregoing provision shall not preclude an action by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for specific performance. Nothing contained in this paragraph or elsewhere in this Contract is in any way intended to be a waiver of the limitations placed upon the CITY OF MIAMI BEACH'S liability as set forth in Florida Statute, Section 768.28 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first entered above. For CITY: CITY ►F MIAMI BEAC ATTEST: By '�\ E. el CITY CLERK MAYOR For SOUTH FLORIDA EMPLOYMENT AND TRAIN N CONSORTIUM: N S: BY lr `d X ( CONTRACTS OFFICE EX CUTIVE DIRECTOR (a:raul\consort.agr) FORM AP OVER L G EPT. Date )-2-1 / Page 14 of 14 CMS HUMAN RESOURCES 3056737529 P. 02 ` ITY OF MIAMI BEACH i CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE PERSONNEL DEPARTMENT Tedephoni 673.7524 PROPOSED SFETC OPERATING BUDGET FISCAL YEAR 1993/94 Object Code 111 Normal Pay (Director). $30.89/hr x 40 hrs x 12 mths • $14,827.20 111 Normal Pay (Assistant*) $16.47/hr x 20 hrs x 12 mths $ 3,952.80 161 Retirement Contrib. $3.09/hr x 40 hrs x 12 mths $ 1,483.20 -- 161 Retirement Contrib.* $1.65/hr x 20 hrs x 12 mths $ 396.00 162 Health/Life Insur. Contrib.. $1.97/hr x. 40. hrs x 12 mths $ 945.60 162 Health/Life Insur. Contrib.* $1.24/hr x 20 hrs x 12 mths $ 297.60 363 Travel - Conference, Seminars, Workshops, Retreats, etc. $ 5,000.00 364 Local Mileage Reimbursement @$.20/mire 30 miles R/T x 6 mtgs month x 12 months $ 432.00 Other Miscel-laneous expenses that have not been budgeted for that may not be known at this time. $ 2.,665,60 • TOTS QUESTED $30,000,00 . GdhiI Submitted b j•L'� y. T. C. Adderly !Yuman Resources, rector SFETC Liaison CITY OF MIAMI BEACH Date: