95-21611 Reso RESOLUTION NO. 95-21611
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 $21,000, WITH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM FOR AN
OFFICE OF INTERGOVERNMENTAL LIAISON AND
COORDINATION, FOR A ONE YEAR TERM, EFFECTIVE
JULY 1, 1995.
WHEREAS, on April 22, 1992, the Mayor and City Commission approved Resolution No.
92-20492 renewing the South Florida Employment and Training Consortium Agreement
among the City, Dade and Monroe Counties, and the Cities of Hialeah and Miami (the
Consortium); and
WHEREAS, the attached Agreement designates the City Manager as official
representative to the Consortium; and
WHEREAS, the execution of this 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, effective July
1, 1995, and continuing through June 30, 1996.
PASSED and ADOPTED this 21st day of June , 1995.
4-21kI Lit��
Vice Mayor
ATTEST:
1 - FORM APP VED
City Clerk LEG T.
By —.
Date 9 S"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
40 COMMISSION MEMORANDUM NO. L 7 0-- 1 j
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: June 21 , 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING AND DIRECTING THE
MAYOR AND THE CITY CLERK TO EXECUTE AN ANNUAL AGREEMENT
FOR REIMBURSEMENT IN THE AMOUNT OF $21,000 FOR SERVICES
RENDERED AND EXPENSES INCURRED WITH THE SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM FOR AN OFFICE OF
INTERGOVERNMENTAL LIAISON AND COORDINATION; EFFECTIVE JULY
1, 1995; AND APPROPRIATING FUNDS.
ADMINISTRATION RECOMMENDATION:
The Administration recommends adoption of the attached Resolution which authorizes the
execution of an Agreement for reimbursement of services rendered and expenses incurred in an
amount up to $21,000 with the South Florida Employment and Training Consortium. The contract
period is effective July 1, 1995 through June 30, 1996.
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 $21,000. Funds received under this Agreement are used to offset associated salary, fringe
benefit costs and related travel.
CONCLUSION:
The Agreement must be approved by the Mayor and City Commission to ensure that we receive
the $21,000 reimbursement to the City's General Fund. Without this Agreement, the City will be
unable to request reimbursements from the Consortium.
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AGENDA ITEM C -9-
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AGREEMENT
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
3403 NW 82nd Avenue, Suite 300
Miami, Florida 33122-1029
CONSORTIUM MEMBER JURISDICTION
CITY OF MIAMI BEACH
1700 Convention Center Drive
Miami Beach, Florida 33139
INTERGOVERNMENTAL LIAISON OFFICE
CONTRACT AMOUNT INDEX CODE NUMBER
$21, 000 595006
JTPA TITLE CONTRACT NUMBER
Systemwide 2A-PY' 95-31-00
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 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 and other sources . CITY OF MIAMI BEACH
also agrees to implement and operate the office in accordance with
all regulations defined in Article V of this Contract.
PY' 95 LIAISON OFFICE Page 1
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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 8
Article VIII Suspension or Termination of Contract Page 9
Article IX Insurance and Bonding Requirements Page 9
Article X Sub-Contract Agreements Page 9
Article XI Maintenance of Records Page 9
Article XII Monitoring of Program Page 10
Article XIII Indemnification Page 11
Article XIV Contract Amendments Page 11
Article XV Notices Page 12
Article XVI Waivers Page 12
Article XVII Contingency Clause Page 12
Article XVIII Audits Page 12
Article XIX Standards of Conduct Page 13
Article XX Accreditation, Compliance with
Applicable Licensing Requirements,
Tax and Insurance Requirements Page 13
Article XXI Oral Communication Page 13
Article XXII Copyrights and Datarights Page 14
Signatures Page 14
BUDGET
PY' 95 LIAISON OFFICE Page 2
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, 1995, to the thirtieth (30th) day of June, 1996 ; 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 the Service Provider Policies
and Procedures Manual shall be completed within thirty (30) 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 this Contract . Maximum reimbursement
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 $21, 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
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 .
PY' 95 LIAISON OFFICE Page 3
(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 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 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 .
(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 .
PY' 95 LIAISON OFFICE Page 4
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 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 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 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 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. 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' 95 LIAISON OFFICE Page 5
(C) All applicable standards, orders, or regulations issued
pursuant to the Clean Air Act as amended (42 USC 1857 et
seq. ) and the Water Pollution Control Act as amended (33 USC
1368 et . seq. ) .
(D) Directives, regulations, and rules issued by the State of
Florida.
(E) The Service Provider Policies and Procedures Manual as
edited and provided by the SOUTH FLORIDA EMPLOYMENT AND
TRAINING CONSORTIUM.
(F) Program Directives issued by the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM.
(G) 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 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, 1995 to June 30, 1996 . 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 .
PY' 95 LIAISON OFFICE Page 6
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(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.
(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 $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.
(P) As a condition to the award of financial assistance under
JTPA, the Service Provider assures, with respect to
operation of the JTPA-funded program or activity and all
agreements or arrangements to carry out the JTPA-funded
program or activity, that it will comply fully with the
nondiscrimination and equal opportunity provisions of the
PY' 95 LIAISON OFFICE Page 7
Job Training Partnership Act of 1982, as amended (JTPA) ,
including the Nontraditional Employment for Women Act of
1991; Title VI of the Civil Rights Act of 1964 , as amended;
Section 504 of the Rehabilitation Act of 1973 , as amended;
the Age Discrimination Act of 1975, as amended; Title IX of
the Education Amendments of 1975, as amended; and with all
applicable requirement imposed by or pursuant to regulations
implementing those laws, including but not limited to 29 CFR
part 34 . 20 . The United States has the right to seek
judicial enforcement of this assurance.
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, 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 has complied with the
terms and conditions governing 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
CONSORTIUM;
(C) When it is determined that the program administrator (s)
representing The Service Provider have abused the purpose of
the Job Training Partnership Act of 1982, and/or the
Immigration and Nationality Act, or the purpose of other
funding source;
(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 .
PY' 95 LIAISON OFFICE Page 8
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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 by giving at 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 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 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 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.
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.
PY' 95 LIAISON OFFICE Page 9
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
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
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 de-
termination 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 timeframe for
completion of the corrective action may be reduced or extended.
PY' 95 LIAISON OFFICE Page 10
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ARTICLE XIII
INDEMNIFICATION
CITY OF MIAMI BEACH agrees to indemnify the SOUTH FLORIDA EMPLOYMENT
AND TRAINING CONSORTIUM for damages or payments, and costs and
expenses arising out of breach of this contract, to the extent
allowable by Section 768 . 28 of the State of Florida Statutes .
CITY OF MIAMI BEACH agrees to absolutely indemnify the SOUTH FLORIDA
EMPLOYMENT AND TRAINING CONSORTIUM for damages or payments,
including costs and expenses arising out of the acts, omissions of
CITY OF MIAMI BEACH its employees, clients, agents or persons under
its control to the extent and limit provided in Section 768 . 28 of
the State of Florida Statutes .
ARTICLE XIV
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, 1995; Second Quarter,
December 15-31, 1995; and Third Quarter, March 15-31, 1996 ; if
allowable by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM.
Amendments modifying the effective period of performance or 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 .
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 .
PY' 95 LIAISON OFFICE Page 11
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 33122-1029
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 XVII
CONTINGENCY CLAUSE
Funding for 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,
reduction of funds, and/or change in regulations .
ARTICLE XVIII
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 30 days of its issuance
and not more than 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 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 .
PY' 95 LIAISON OFFICE Page 12
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 for 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' 95 LIAISON OFFICE Page 13
•
ARTICLE XXII
COPYRIGHTS AND DATA RIGHTS
The Service Provider agrees to adhere to the requirements of
29CFR97 . 34 pertaining to copyrights, insofar as those requirements
may be applicable to any service rendered under this contract .
The Service Provider agrees that the South Florida Employment and
Training Consortium, US Department of Labor, US Department of Health
and Human Services, and the State of Florida shall have unlimited
rights to any data first produced or delivered under this agreement,
including but not limited to computer programs/applications, or the
maintenance of databases or other computer data processing program,
including the inputting of data.
SIGNATORY FORM
AUTHORIZED SIGNATURES FOR: CITY OF MIAMI BEACH
PROGRAM ENTITLED: "Liaison Contract"
(These Signatures Shall be the Same As Those Names Which Appear in the List of
Authorized Signatures Pr- vided in the Operational Documents on File with the SOUTH
FLORIDA E PLOYME AND INING CONSORTIUM.)
la.X lb.
o Signatures of Authorized Officials o
June 30, 2995
Date Date
2a. Susan Gottlieb 2b.
o Typed Names of Authorized Officials o
3a. Vice Mayor 3c.
( o Full Titles of Authorized Officials o
4a ZtLG nA � 1 4b.
Signature of Person Attesting Signature of Person Attesting
Signature that Appears on Line Signature that Appears on Line
la lb
Richard E. Brown, City Clerk
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
/ S/1,4)t ✓ —t (Contracts Officer)
�� 9✓
Y, (Executive Director)
FORM APP' IVED
LE 3 PT.
By
Date 6/___,49/5/‘
PY' 95 LIAISON OFFICE Page 14
PROPOSED CITY OF MIAMI BEACH LIAISON /SFETC OPERATING BUDGET
JULY 1, 1995 THROUGH JUNE 30, 1996
Object
Code
.111 Normal Pay (Director) $36.09/hr x 40 hrs/mo. x 12 months $17,323.20
Normal Pay (Assistant) $17.81/hr x 10 hrs/mo. x 12 months $ 2,137.20
.363 Travel - Conferences, Seminars, Workshops, Retreats, etc. $ 1,251.60
.364 Local Mileage Reimbursement @$.20/mile
30 miles round-trip x 4 mtgs per month x 12 months $ 288.00
TOTAL REQUESTED $21,000.00
Date: .. . J(
Submitted by: - C
�
T. C. Adderly
Human Resource erector
SFETC Liaison - City of Miami Beach