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HomeMy WebLinkAboutR-83-0553J-83-486 6 0 RESOLUTION NO. 83-5 53' A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS, SUBJECT TO THE CITY ATTORNEY'S APPROVAL AS TO FORM AND CORRECT- NESS, TO ACCEPT ENTRANT IMPACT AID PROGRAM FUNDS; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, SUBSTANTIALLY IN AC- CORDANCE WITH THE ATTACHED, WITH SPECIFIED ORGANIZATIONS TO PROVIDE PROFESSIONAL JOB TRAINING SERVICES FOR THE CITY'S PARTICI- PANTS IN THE ENTRANT IMPACT AID PROGRAM. WHEREAS, the City of Miami has been allocated S1,380,504 by the South Florida Employment and Training Consortium (SFETC) for the 1983-84 Cuban -Haitian Entrant Impact Aid Program extend- ing from July 1, 1983 through June 30, 1984; and WHEREAS, this program requires that participants be provided intensive English and vocational job training; and WHEREAS, the City wishes to continue operating this program through accredited schools and community based organizations; and WHEREAS, various training organizations have applied to pro- vide training services for the City under this program; and WHEREAS, the City Manager has interviewed at least 3 firms possessing the ability to perform the services required under each of the herein agreements relating to the experience, qualifications and costs for said services that were proposed by said firms; and WHEREAS, the City Manager has made recommendations as set forth in the body of this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into agreements, subject to the City Attorney's approval as to form and correctness, to accept funds under the Entrant Impact Aid Program. Section 2. The City Manager is hereby authorized to execute agreements, substantially in accordance with the attached, with each of the organizations listed below, (said agreements not to CITY COMMISSION MEETING OF J U L 3 1983 l,ul% 83-5531 exceed the amount listed for each organization), to provide pro- fessional job training services for the City's participants in the Entrant Impact Aid Program with funds expended for the cost of said agreements to be reimbursed under the City's contract with the South Florida Employment and Training Consortium(SFETC). Section 3. The above authorization is conditioned upon approval of the City's proposal to the SFETC. In the event full funding in the total amount is not awarded, the listed authorized amounts shall be reduced on a pro rata basis: AMOUNT 1. Coalition for Progress, Inc. � 77,516 2. Garces Commercial College 350,000 3. Haitian American Community Association of Dade County, Inc. 19,753 4. James E. Scott Community Association 87,036 5. Little Havana Activities and Nutrition Centers of Dade County, Inc. 59,394 6. SABER, Inc. 200,802 7. Senior Centers of Dade County, Inc. 206,173 8. SER-Jobs for Progress, Inc. 63,750 9. South Florida Young Adults Program 59,990 I0. Tri-City Community Association, Inc. 94,379 11. Youth Co -Op, Inc. 81,207 PASSED AND ADOPTED this 8th day of Ju�� 1983. Maurice A. Ferre MAURICE A. FERRE M A Y O R ATTEST: RA H G. ONGIE, CITY CLERK PREPARED AND APPROVED BY: ,� ROBERT F. CLARK, DEPUTY CI Y ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: c SE ARCIA-PEDROSA, CITY ATTORNEY -2- 8�-553� s s ENTRANT IMPACT AID PROGRAM CITY OF MIAMI CONTRACTUAL AGREEMENT BETWEEN THE CITY OF MIAMI AND SUB -RECIPIENT CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 SUB -RECIPIENT //2 3 4// TITLE OF SUB -RECIPIENT'S PROGRAM: "//6//" CONTRACT AMOUNT $//25// CONTRACT NUMBER //13// ARTICLE I TERMS OF CONTRACTUAL AGREEMENT INDEX CODE NUMBER //2// does hereby agree to implement and operate a program entitled "//6//" in accordance with all regulations defined by the United States Department of Health and Human Services for programs operating under funds generated by Section 412(c) of the Immigration and Nationality Act, as amended by the Refugee Act of 1980, as made applicable to the Cuban and Haitian Entrant Program by Section 501(a) of the Refugee Assistance Act of 1980, through the Florida Department of Health and Rehabilitative Services (DHRS). //2// also agrees to implement and operate the program in accordance with all regulations defined in Article V of this Contract. ARTICLE II EFFECTIVE PERIOD OF PERFORMANCE This Contract is negotiated between the CITY OF MIAMI and //2// from the to the , at which time all performance other than close-out procedures whicn are required of //2// in this Contract shall be completed. All close-out procedures stipulated in the Sub -Grantee Policies and Procedures Manual shall be completed within forty-five 45 calendar days gubsequent to the expiration date listed in this Contract. ARTICLE III REIMBURSEMENT COSTS The CITY OF MIAMI, in consideration of the services rendered by //2// does hereby agree to reimburse allowable costs incurred by //2// in the performance of this program. Maximum reimbursement shall equal the actual amount of allowable cash expenditures incurred by //2// in the performance of the program entitled "//6//" not to exceed $//25//. 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 South Florida Employment and Training Consortium as documen- ted in the Sub -Grantee Policies and Procedures Manual which is part of this Contract. (B) All reimbursement costs shall be paid from federal funds provided through Section 412(c) of the Immigration and Nationality Act, as amended by the Refugee Act of 1980. Costs incurred by the program cannot be allocated to any other program or activity. (C) All reimbursement costs shall be charged to itemized sub -object codes as defined in the approved program budget. The approved budget is documented in Exhibit D of this Contract. Reimbursement costs shall not exceed the maximum dollar amounts allocated for each sub -object code in this budget; except as provided in Article IV, Section D of this Contract. (D) //2// 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 D of this Contract. y'Modifications must be submitted to the CITY OF MIAMI to //2//'s ✓ program entitled "//6//" by the CITY OF MIAMI during the following periods for succeeding periods only; First Quarter, Second Quarter, , 1982; and Third Quarter, 1983, if allowable by the CITY OF MIAMI. Budget modifications shall not be accepted any other time. Once a budget modification is submitted, the CITY OF MIAMI has the authority to approve, disapprove or to request further justification for such modifications. //2// 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 CITY OF MIAMI. If such costs are incurred while approval of a budget modification is pending, the costs shall be the responsibility of //2//. These costs shall not be reimbursed by DHRS funds; nor shall they be reported to the CITY OF MIAMI as an inclusion with other subsequent expenditures. Page_? _. _.,... (E) The CITY OF MIAMI may request //2// to provide a budget modification to the CITY OF MIAMI at any time during the period of performance of the Ccatractual Agreement. (F) All reimbursement costs paid as allowances to participants in class- room training, orientation and assessment, and wages paid as allowances to participants in work experience and other allowances and wages as stipulated in this Contract along with all the associated fringe benefits including workmen's compensation for same shall be processed and paid by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM through a unified standard payroll system in accordance with Section 676.26-2(b), Title 20, Code of Federal Regulations. Any costs incurred by //2// in payment of these allowances listed in Section E of this Article shall be the responsibility of //2// and shall not be reimbursed by the CITY OF MIAMI or the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (G) In the event the CITY OF MIAMI, SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, Florida Department of Health and Rehabilitative Services, and/or Department of Health and Human Services disallows any funds that were reimbursed and/or advanced to //2// as a result of fiscal audits of //2//'s program then //2// agrees to reimburse and indemnify the CITY OF MIAMI for any disallowed funds relating to the fiscal audits of //2//'s programs, upon completion of the audit appeals. In the event, the CITY OF MIAMI is forced to sue //2// for breach of the terms of this contract and/or for violation of the regulations and policies procedures incorporated in this contract, //2// agrees to reimburse the CITY OF MIAMI for reasonable costs including attorneys' fees if the CITY OF MIAMI prevails in the lawsuit. (H) //2// shall be required to notify THE CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM within twenty-four (24) hours of any litigation or grievance involving a DHRS participant or DHRS dollars; further, that the CITY OF MIAMI shall have the right to intervene in such litigation or grievance. ARTICLE V REGULATIONS //2// does hereby agree to perform all activities related to the program as de- fined 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) 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 to the Cuban and Haitian entrant program 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. (B) Directives issued by the Florida Department of Health and Rehabilitative Services. (C) The Sub -Grantee Policies and Procedures Manual as edited and provided by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for the Cuban and Haitian Entrant Program. (D) Program Directives issued by the CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (E) Assurances and Certifications of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUMi; 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 re- gulations and manuals documented in A, B and C which appear 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 (A) Obligations Concerning Standards of Performance. //2// does hereby agree to implement and operate the program entitled "//6//" by delivering those services listed below: (1) //2// is obligated to accomplish those program objectives which have been defined in Exhibit B of this Contract. //2// is also obligated to accomplish those objectives within the timeframe specified by the milestones which were designed in conjunction with the objectives. (2) //2// is obligated to enroll and to terminate the equivalent number of participants determined in Exhibit C of this Contract entitled "Pro- gram Planning Summary." The number of enrollments and terminations must be maintained on a monthly basis at a variance level that does not exceed fifteen percent (15%) of that number determined in Exhibit C. Failure to remain in compliance within this variance may result in suspension or de -obligation of allocated funds, as stipulated in Art- icle VII of this Contract. (3) //2// is obligated to insure that actual accrued expenditures are equivalent to monthly dollar amounts provided in Exhibit D, Page 3 of this Contract entitled "Cumulative Projected Accrued Expenditues." //2// is obligated to maintain actual expenditures on a monthly basis at a variance level that does not exceed fifteen percent (15%) of each of the planned projected expenditures listed by Program Activity and Cost Category on Exhibit D, Page 3. Additionally, this variance level shall not exceed the maximum allocation stipulated in this Contract. Failure to remain in compliance within this variance may result in suspension or de -obligation of allocated funds; as stipulated in Art- icle VII of this contract. (4) //2// is obligated to insure that the enrollment of participants meets the standards established in the //2//'s Affirmative Action Plan and the Civil Rights Act of 1964 and does not discriminate against these participants on the basis of race, color, national orgin, sex, age or handicap. (5) //2// is obligated to insure that all operational documents listed in Exhibit E are submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and remain in force during the life of this Contract. (6) //2// is obligated to insure that the Personnel Policies and Proced- ures developed by //2// are applicable and are equally enforced for both DHRS and non-DHRS personnel as per Federal regulations. Page --4 C33-553' . //2// is obligated to insure that it will administer its program en- titled "//6//" in accordance with subgrants against fraud, abuse and gross mismanagement as set forth in the Code of Federal Regulations. //2// shall also insure that all DHRS personnel and enrollees are in- formed of his or her rights and benefits in connection with the pro- gram including the right to grieve or file a complaint. Procedures for processing grievances or complaints are outlined in the Sub -Grantee Policies and Procedures Manual. (7) These obligations shall be monitored by the CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM through the Monthly Expenditure Report, which reflects actual versus planned expenditures, the Statement of Sources and Application of Program Generated Income, and the Monthly Enrollment and Termination Report, which reflects actual versus planned participant enrollments and terminations. The Monthly Expenditure Report and the Statement of Sources and Appli- cation of Program Generated Income Report shall be submitted to the CITY OF MIAMI by the fifteenth (15th) calendar day of each month. The Monthly Enrollment and Termination Report shall be submitted to the CITY OF MIAMI by the last working day of each month. The Property Inventory Quarterly Report shall be submitted to the CITY OF MIAMI by the twenty-fourth (24) day of the following months: September, December and February. //2// shall be required to submit a Corrective Action Plan for the Monthly Expenditure Report and/or for the Monthly Enrollment and Term- ination Report for any excess variances listed on these Reports. As a result of these Reports, the CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall submit a Notice of Contract Compliance to //2// notifying //2// of its status relative to the service delivery requirements listed in this Contract. (B) Obligations Concerning Daily Operations. (1) //2// does hereby agree to operate within the centralized intake sys- tem established by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSOR- TIUM. (2) //2// does hereby agree to prominently incorporate the name of THE CITY OF MIAMIand the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM when developing radio or television coverage, any form of media press release or public information materials concerning //2//`s program entitled "//6//". These materials shall include announcements and articles in newspapers and magazines, and the printing of information pamphlets, flyers, and posters. Copies of these materials shall be forwarded to THE CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at the time of distribution. (3) //2// does hereby agree to adhere to all follow-up procedures govern- ing the termination of participants as established by the SOUTH FLOR- IDA EMPLOYMENT AND TRAINING CONSORTIUM for specific participants in accordance with the Sub -Grantee Policies and Procedures Manual. These procedures shall be administered thirty (30), sixty (60 and ninety (90) calendar days after the participant has been terminated in accordance with the procedures established in the Manual. Page 5 s El (4) //2// does hereby agree to accurately complete and submit all monthly reports and quarterly reports required by the SOUTH FLORIDA EMPLOMINT AND TRAINING CONSORTIUM in accordance with the procedures stipulated in the Sub -Grantee Policies and Procedures !Manual to the CITY OF MIAMI. (5) //2// does hereby agree to accurately report all program income gene- rated by //2//'s program entitled "//6//" to the CITY OF MIAMI. ARTTCT-F. VTT SUSPENNSION OR DE -OBLIGATION OF FUNDS The CITY OF MIAMI, has the authority to suspend or de -obligate funds allocated to //2// for breach of any provision of this Contract in accordance with Article VIII of this Contract. The CITY OF MIAMI shall be the sole judge for determining whether //2// has complied with the terms and conditions governing this Contract. Reasons for suspension or de-obligatioa shall include, but shall not be limited to the following: (A) When it is determined that //2// 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 //2// has not complied with the requirements for corrective action as stipulated by THE CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; (C) When it is determined that the program administrators representing //2// have abused the purpose of 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 //2// 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 (A) Suspension and/or Termination For Cause If, through any cause, //2// shall fail to fulfill, in a timely and proper manner, its obligations under this Contract, or if //2// shall violate any of the covenants or stipulations of this Contract, the CITY OF MIAMI shall thereupon have the right to suspend and/or terminate this Contract; provided that the CITY OF MIAMI adheres to those stipulations outlined in Article VIII, Section B of this Contract for suspension and to those sti- pulations outlined in Article VIII, Section C of this Contract for termination. (B) Procedures for Suspension for Cause by the CITY OF MIAMI. _ .. _.... Page 6 93-553 - The CITY OF MIAMI shall have the right to suspend partial or total funds which have been allocated to //2// under the provision of this Contractual Agreement in accordance with Article VII of this Contractual Agreement. This suspension may occur at any time during the effective period of • performance of the Contract and shall be effective immediately upon the ►� mailing of a notification by certified mail of said suspension. This written notification shall be provided to //2// by the CITY OF MIAMI. The procedure for appealing a decision to suspend funds shall be the same as the procedures for appeal outlined in Article VIII, Section C, below. C) Procedures for Termination for Cause or Convenience by the CITY OF MIAMI. If the CITY OF MIAMI determines to exercise the right of termination, the "'• CITY OF MIAMI shall notify //2//, in writing by certified mail, of the anticipated action, the reasons) for the action, and shall indicate that //2// has the right to appeal this action. r //2// shall be required to submit a written notification by certified mail requesting a De -obligation Hearing within five (5) working days after re- ceipt of the letter from the CITY OF MIAMI indicating the anticipated action. In the event //2// does not request a hearing within the five (5) working day period, the decision of the CITY OF MIAMI to terminate shall become final. Once the Hearing is completed, the CITY OF MIAMI shall notify //2// of the + recommendation of the De -obligation Hearing Committee by certified mail within five (5) working days after the Hearing has been conducted. The recommendation shall be presented to the CITY OF MIAMI Commission at their next scheduled meeting for final determination. //2// shall be entitled to receive just and equitable compensation for any service satisfactorily performed hereunder through the date of termination, which shall be the date of final decision of the Commission members. Such compensation shall not be provided to //2// until such time as //2// fulfills its obligations to the CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING t. CONSORTIUM relative to the close-out procedures listed in Article IV of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM Sub -Grantee Policies and Procedures Manual. Notwithstanding the above, //2// shall not be relieved of liability to the CITY OF MIAMI for any damages sustained by the CITY OF MIAMI or by a third party by virtue of any breach of Contract by //2// until the charges for such damages have been paid by //2//. The CITY OF MIAMI may withhold any payments to //2// until such time as the exact amount of damages due the • CITY OF MIAMI from //2// is determined. This liability shall include damages awarded to a third party by virtue of a final determination issued by the United States Department of Health and Human Services or an Administrative Law Judge. ' (D) Termination for Convenience of //2//. //2// may request to terminate this contract at any time by giving at least Sixty (60) days advance notice, in writing by certified mail, to the CITY OF MIAMI. Requests for voluntary de -obligation of partial or total funds shall require ratification by the Membership of the CITY OF MIAMI. Once the request has been approved by the CITY OF MIAMI, the CITY OF MIAMI shall notify //2// to begin the close-out of //2//'s program entitled "//6//". -- -- - _. -_ 'pave ..I:- - -. //2// 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 //2// until such time as //2// fulfills its obli- gations to THE CITY OF MIAMI and the THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM relative to the close-out procedures listed in Article IV of the Sub -Grantee Policies and Procedures Manual. (E) Termination for Convenience of the CITY OF MIAMI. The CITY OF 11IAMI shall have the right to terminate this Contract for convenience when it is determined to be in the best interest of the CITY OF MIAMI; provided that the CITY OF MIAMI adheres to those stipulations outlined is Article VIII, Section C of this Contract. (F) Termination for Non -Award or Reduction of Funds. If, for any reason, the Florida Department of Health and Rehabilitative Services does not award the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSOR- TIUM funds for distribution or if such funds are awarded at reduced amounts, or reduced during the Fiscal Year, the CITY OF MIAMI may terminate this Contract by giving at least twenty-four (24) hours advance notice, in writing by certified mail, to //2//. //2// has no right to appeal a termination under this section, and the date of termination shall be the date of receipt of the letter. //2// 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 //2// until such time as //2// fulfills its obli- gations to the CITY OF MIAMI and the SOUTH FLORIDA EMPLOYHENT AND TRAINING CONSORTIUM relative to the close-out procedures listed in Article IV of the Sub -Grantee Policies and Procedures Manual. ARTICLE IX INSURANCE AND BONDING REQUIREMENTS (A) //2//, if considered to operate in the capacity of a governmental jurisdiction, shall maintain insurance and bonding specified by the jurisdiction in accordance with applicable laws. A governmental jurisdiction shall include a public educational institution which is sponsored by a state or local governmental jurisdiction. '(B) //2//, if considered to operate in the capacity of a community based organ- ization, a private non-profit organization, or a private for -profit organ- ization, shall maintain insurance and bonding under the provisions specif- ied as follows: (1) Types of Insurance and Bonding Required. (a) Fidelity Bonding (1) If //2// shall be submitting reimbursement packages during the effective period of the Contractual Agreement, //2// shall secure a Fidelity Bond in the amount of fifty thousand dollars 050,000) or one-fourth (k) of the total amount of DHRS funds allocated to //2// for all DHRS programs sponsor- ed by //2//; whichever is lower. Page B 2 (2) If //2// shall be requesting cash advances during the effective period of the Contractual Agreement, //2// shall secure a Fidelity Bond in the higher amount of the follow- ing: (a) Fifty thousand dollars ($50,000) or one-fourth (k) of the total amount of DHRS funds allocated to //2// for all DHRS programs sponsored by //2//, whichever is lower; or (b) One hundred thousand dollars ($100,000) or the highest cash advance obtained by //2// during the previous Con- tractual Agreement enacted between //2// and the CITY OF MIAMI or the highest cash advance expected to be obtained by //2// during the effective period of this Contractual Agreement, whichever is lower. (3) Such Fidelity Bonding shall insure that all persons who are employed or enrolled by //2// who are assigned to handle funds received or disbursed under the provisions of this Contract are covered by Fidelity Insurance. (b) Automobile Liability Insurance. (1) Such insurance shall be required for all vehicles owned or leased by //2// which are utilized in connection with those services provided under the terms of this Contract. (2) Such insurance shall also be required for personal vehicles owned by employees or participants of //2// which are not owned by //2// but which are utilized in connection with those services provided under the terms of this Contract. (3) Automobile Liability Insurance shall be secured in the fol- lowing minimum amounts: One hundred thousand dollars ($100,000) for personal liability and bodily injury; three hundred thousand dollars ($300,000) for each accident; fifty thousand dollars ($50,000) for property damage. (c) Public Liability Insurance (1) Public Liability Insurance shall be secured on a comprehen- sive basis to include contingent liability in an amount that insures that //2// is protected against any suits which may result from personal injury or property damage. (2) Public Liability Insurance shall be secured in the following minimum amounts: Three hundred thousand dollars ($300,000) for personal and bodily injury; one hundred thousand dollars ($100,000) for each accident; fifty thousand dollars ($50,000) for property damage. (d) Contractual Liability Insurance (1) Contractual Liability Insurance shall be secured in the fol- lowing minimum amounts: Three hundred thousand dollars ($300,000) for personal and bodily injury; one hundred thou- sand dollars ($100,000) for each accident; fifty thousand dollars ($50,000) for property damage. (e) Unemployment Compensation Insurance. Page 9 The CITY OF MIAMI shall approve sub -contract agreements as to form and content only. The CITY OF MIAMI shall not be considered a legal third party to a sub- contract agreement and shall not assume any liabilities which may arise as a result of such agreements. //2// may not sell its assets or assign its rights under this Agreement without prior approval from the CITY OF MIAMI. ARTICLE XII MAINTENANCE OF RECORDS All financial, participant and programmatic records pertaining to the funds pro- vided under this Contract shall be maintained by //2// during the effective per- iod of performance of this Contract and for a period of five (S) years subsequent to the expiration of this Contract or until all audit exceptions which may have been presented as a result of this Contractual Agreement have been adequately resolved to the satisfaction of the CITY OF MIAMI, whichever period is longer. During this period, The City of Miami, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM or the Florida Department of Health and Rehabilitative Services may request copies of any and all of these records. //2// shall be responsible for providing copies of these records at the time of the request. In the event that //2// will cease all operations as a result of the expiration of the Contract, //2// shall be required to prepare all records for storage in accordance with the Sub -Grantee Policies and Procedures Manual. Once these re- cords are secured by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, //2// shall not be liable for the maintenance of these records. //2// agrees and understands that it, or any of its agents or sub -contractors, would be in violation of the federal regulations if it willfully obstructs or impedes, or endeavors to obstruct or impede, an investigation or inquiry performed by the CITY OF MIAMI/the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM in conjunction with the regulations. This stipulation includes the withholding of information contained in the records maintained by //2//. //2// agrees to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S., and made or received by //2// in conjunction with this contract. //2// shall not use or disclose any information concerning a recipient of ser- vices under this contract for any purpose not in conformity with Federal and State requirements, except on written consent of the recipient or his/her responsible parent or guardian when authorized by law. ARTICLE XIII MONITORING OF //2//'s PROGRAM The CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to monitor, audit or perform an investigation of the program entitled "//6//" which is conducted by the //2// at any time without prior notification in accordance with its authority provided in the federal regulations. Page 12 _ . The records of //2// shall be subject at all times to inspection, review, or audit by personnel duly authorized by the CITY OF MIMAI, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the Florida Department of Health and Rehabilitative Services, as well as by Federal personnel. In the event that the CITY OF MIAMI or the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM determines that //2// is not in compliance with any obligations listed in this Contract, //2// 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, //2// shall be obligated to establish and im- plement appropriate measures to insure that those areas of non-compliance are corrected. Corrective action shall be completed by //2// within thirty (30) days after the CITY OF MIAMIor the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has determined that //2// is not in compliance; however, the CITY OF MIAMI or 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. The provisions of this Article in no way limit the right of the CITY OF MIAMI to suspend or terminate funding in accordance with Article VIII of this contract. ARTICLE XIV INDEMNIFICATION //2//, as a governmental Sub -Grantee, agrees to absolutely indemnify the CITY OF MIAMI for damages or payments, including costs and expenses arising out of breach of contract. //2//, as a governmental Sub -Grantee, agrees to absolutely indemnify the CITY OF MIAMI for damages or payments, including costs and expenses arising out of the acts, omissions of the Sub -Grantee, its employees, clients, agents or persons under its control to the extent and limit provided in Section 786.28 of the State of Florida Statutes. ARTICLE XV DOCUMENTATION FOR CONTRACT INVOICES All documentation to be submitted to the CITY OF MIAMI for Contract invoices shall be submitted in accordance with the provisions outlined in the Sub -Grantee Policies and Procedures Manual with the exception of those SUB -RECIPIENTS that act in the capacity of a State of Florida governmental jurisdiction. The CITY OF MIAMI does hereby agree to accept the State of Florida, Department of Commerce Report 61 entitled "Status of Obligational Authority" or any other pertinent reports or statements of like nature that may be promulgated pursuant to the regulations of the State of Florida Department of Commerce. This report shall serve as support documentation for contract invoicing for those SUB -RECIPIENTS that act in the capacity of a State of Florida governmental jurisdiction. The CITY OF MIAMI does hereby understand that the Florida Department of Labor and Employment Security's accounting system and detailed records that support costs appearing in Report 61 are available in Tallahassee, Florida for inspection by the CITY OF MIAMI at any time. The CITY OF MIAMI does hereby agree that no further documentation of costs incurred by those SUB -RECIPIENTS identified in this Article will be submitted by the SUB -RECIPIENTS. The CITY OF MIAMI shall perform audits or have audits performed on this Contract and a copy of the audit findings will be supplied to the SUB -RECIPIENT upon completion of said audit. Any final adjustments to be necessary shall be made based upon such audit findings. Page 13 _. _ 83-553 .he records of //2// shall be subject at all times to inspection, review, or audit by personnel duly authorized by the CITY OF MIMAI, the SOUTH FLORIDA `EMPLOYMENT AND TRAINING CONSORTIUM, the Florida Department of Health and Rehabilitative Services, as well as by Federal personnel. ,;In the event that the CITY OF MIAMI or the SOUTH FLORIDA EMPLOYMENT AND TRAINING •ZONSORTIUM determines that //2// is not in compliance with any obligations listed in this Contract, //2// shall be required to take appropriate corrective action. This determination may be made at any time during the effective period ;,f the Contract. F corrective action is required, //2// shall be obligated to establish and im- ;iement appropriate measures to insure that those areas of non-compliance are 4irrected. ^.-rective action shall be completed by //2// within thirty (30) days after the OF MIAMIor the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has cermined that //2// is not in compliance; however, the CITY OF MIAMI or the .�TPH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to determine _hat the timeframe for completion of the corrective action may be reduced or -extended. :The provisions of this Article in no way limit the right of the CITY OF MIAMI to suspend or terminate funding in accordance with Article VIII of this contract. r ARTICLE XIV NDEMNIFICATION //2//, as a non -governmental Sub -Grantee, agrees to absolutely indemnify the ITTY OF MIAMI for damages or payments, including costs and expenses arising out breach of contract and/or acts, or omissions of //2//, its employees, liens, agents or persons under its control. ARTICLE XV DOCUMENTATION FOR CONTRACT INVOICES All documentation to be submitted to the CITY OF MIAMI for Contract invoices .,.shall be submitted in accordance with the provisions outlined in the Sub -Grantee Policies and Procedures Manual with the exception of those SUB -RECIPIENTS that it in the capacity of a State of Florida governmental jurisdiction. The CITY OF :AMI does hereby agree to accept the State of Florida, Department of Commerce Report 61 entitled "Status of Obligational Authority" or any other pertinent reports or statements of like nature that may be promulgated pursuant to the regulations of the State of Florida Department of Commerce. This report shall serve as support documentation for contract invoicing for those SUB -RECIPIENTS •that act in the capacity of a State of Florida governmental jurisdiction. The CITY OF MIAMI does hereby understand that the Florida Department of Labor and :mployment Security's accounting system and detailed records that support costs spearing in Report 61 are available in Tallahassee, Florida for inspection by tie CITY OF MIAMI at any time. The CITY OF MIAMI does hereby agree that no further documentation of costs incurred by those SUB -RECIPIENTS identified in this Article will be submitted by the SUB -RECIPIENTS. The CITY OF MIAMI shall perform audits or have audits performed on this Contract and a copy of the audit findings will be supplied to the SUB -RECIPIENT upon completion of said audit. Any final adjustments to be necessary shall be made based upon such audit findings. Page 13 837553 0 ARTICLE XVI CONTRACT AMENDMENTS ✓ //2// may request an amendment to this Contract to conform with any contingen- cies which may require such amendment. Requests shall be made on a quarterly basis and shall'be submitted to the CITY OF MIAMI during the following periods for succeeding period only; First Quarter, September 1-15, 1982; Second Quarter, December 1-15, 1982; and Third Quarter, March 1-15, 1983, if allowable by the CITY OF MIAMI and the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Contract modifications shall not be accepted any other time. Once a contract 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 modification. Amendments modifying the effective period of performance or the maximum alloca- tion require review, approval and execution by the CITY OF MIAMI Commission. //2// shall not incur any cost when reimbursement for such costs is subject to approval through a Contract Amendment; until such time that //2// provides the Contract Amendment to the CITY OF MIAMI with appropriate signatures and certifications. If such costs are incurred while approval is pending, the costs shall be the responsibility of //2//. These costs shall not be reimbursed by DHRS funds; nor shall they be reported to the CITY OF MIAMI as an inclusion with subsequent expenditures. After approval, the appropriate signatures of the CITY OF MIAMI and //2// shall be ascertained and the amendment shall be written and incorporated into this Contract, thereby becoming an integral part of it. The CITY OF MIAMI may request //2// to provide contract modifications to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at any time during the period performance of the Contractual Agreement. ARTICLE XVII NOTICES Notifications and letters addressed to the CITY OF MIAMI shall be delivered or mailed to: CITY OF MIAMI Department of Human Resources Employment & Training Division 1145 N.W. 11 Street Miami, Florida 33136 Notifications and letters addressed to //2// shall be mailed to: //2 6 3 4// - - Page--14-- -- - - -- - - . 8&-553 - SIGNATORY FORM AUTHORIZED SIGNATURES FOR: //2// PROGRAM ENTITLED: "//6//" (These Signatures Shall be the Same As Those Names Which Appear in Exhibit E) Ia. lb. o Signatures of Authorized Officials o 2a. 2b. o Typed Names of Authorized Officials o 3a. 3c. o Full Titles of Authorized Officials o 4a. 4b. Signature of Person Attesting Signature of Person Attesting Signature that Appears on Line Signature that Appears on Line la lb I. , do hereby agree that the following information is true: (Typed Name of Secretary/Clerk) 1) That I am the Secretary/Clerk of //2// as the SUB -RECIPIENT, herein: 2) Thtt //2//'s governing body possesses legal authority to enter into this Contract; 3) That //2//'s governing body conducted a duly constituted meeting on the day of , 19__: 4) That at the said meeting, the governing body authorized the exe- cution of this contract, including all the understandings and assurances contained herein, by enacting one of the following parlimentary procedures: the governing body passed a motion authorizing execution of the Contract the governing body adopted a resolution authorizing execu- tion of the Contract; 5) That the governing body has directed those persons whose names appear on Lines Is. and lb. above the act in their official capacity on behalf of //2// in connection with this Contract. BY: S. (Signature of Secretary/Clerk (PLACE SEAL HERE) (Typed Name of Secretary/Clerk) I do hereby, certify that the Secretary/Clerk appeared before me on the day of , 19 , and placed (his/her) signa- ture on line 5 above. Signature of Notary (PLACE SEAL HERE) My Commission Expires: BY: Howard Gary, City Manager George Knox, City Attorney BY: City Clerk Page 15 83-553 6 4 CITY OF MIAM1. FLORIDA INTER -OFFICE, MEMORANDUM -o Howard V . Gard `- r ,ATE june 2 9 , 1983 City Manager SUBJECT Proposed Resolution for 1983-84 Entrant Impact aid Program sub - allocations. .ROM Robert D. Krause REFERENCES: Director Department of Human Resources ENCLOSURES: Resolution It is recommended that the City Commission adopt a Resolution authorizing the City Manager to en- ter into agreements, subject to the City Attor- ney's approval as to form and correctness, to accept Entrant Impact Aid Program funds and to subcontract said funds with specified organiza- tions to provide professional job training serv- ices for the City's participants in the Entrant Impact Aid Program per the attached Resolution. The South Florida Employment and Training Consortium has allocated $1,380,504 to the City of Miami under the Cuban -Haitian Entrant Im- pact Aid Program for 1983-84. The City has been operating this program since last year through 12 organizations that are providing professional job training services for the City's participants. We have approximately 567 participants currently enrolled in the program. These individuals are to be con- tinued in training without interruption until they are ready for em- ployment. Funding for 1983-84 has been reduced by approximately 20% due to the fact that participant allowances will be discontinued as of October 1, 1983 in order to keep the program in line with new federal guidelines. Of the $1,380,504 the City is to receive from the Consortium, approxi- mately $80,000 will be needed for staff salaries and other administra- tive costs within the Department of Human Resources. Consequently, the amount to be subcontracted to training organizations is $1.3 mil- lion. The recommended sub -allocations are based primarily on the same formula used by the Consortium for their allocations. The formula takes into account our subcontractor's expenditure rate for 1982-83. We solicited proposals in April for an extension of this program by publishing RFP's in the local press and by mailing notices to agencies within the City. We received a total of 17 proposals. When the State authorized a second -year program, we went back to these agencies. Twelve existing contractors and four other agencies submitted proposals. Based on our previous experience and our evaluation of new proposals, we are recommending funding for 11 agencies, including the current contrac- tors plus one other organization. 6 0, 3 CITY OF MIAMI, FLORIOA INTER -OFFICE MEMORANDUM -o Howard V . Gary ,ATE, j une 29, 1983 ctt_E: City Manager SUBJECT Proposed Resolution for 1933-84 Entrant impact aid Program sub - allocations. CROM Robert D . Krause ' 9EFERENCES! Director Department of Human Resources ENCLOSURES: Resolution It is recommended that the City Commission adopt a Resolution authorizing the City Manager to en- ter into agreements, subject to the City Attor- ney's approval as to form and correctness, to accept Entrant Impact aid Program funds and to subcontract said funds with specified organiza- tions to provide professional job training serv- ices for the City's participants in the Entrant Impact Aid Program per the attached Resolution. The South Florida Employment and Training Consortium has allocated $1,380,504 to the City of Miami under the Cuban -Haitian Entrant Im- pact Aid Program for 1983-84. The City has been operating this program since last year through 12 organizations that are providing professional job training services for the City's participants. We have approximately 567 participants currently enrolled in the program. These individuals are to be con- tinued in training without interruption until they are ready for em- ployment. Funding for 1983-84 has been reduced by approximately 20% due to the fact that participant allowances will be discontinued as of October 1, 1983 in order to keep the program in line with new federal guidelines. Of the $1,380,504 the City is to receive from the Consortium, approxi- mately $80,000 will be needed for staff salaries and other administra- tive costs within the Department of Human Resources. Consequently, the amount to be subcontracted to training organizations is $1.3 mil- lion. The recommended sub -allocations are based primarily on the same formula used by the Consortium for their allocations. The formula takes into account our subcontractor's expenditure rate for 1982-83. We solicited proposals in April for an extension of this program by publishing RFP's in the local press and by mailing notices to agencies within the City. We received a total of 17 proposals. When the State authorized a second -year program, we went back to these agencies. Twelve existing contractors and four other agencies submitted proposals. Based on our previous experience and our evaluation of new proposals, we are recommending funding for 11 agencies, including the current contrac- tors plus one other organization. 83-55,23 Mr. Howard V. Gary Page 2 June 29, 1983 We have not included funding for Dade Count:: Public Schools because their system in overloaded by participants from other subcontractors. we have also deleted Y.W.C.A. because their present program is serving only seven participants. we also propose reductions in two other agen- cies (South Florida Young Adults and Coalition for Progress) in order to help fund SABER, which operates a very fine program. we have also proposed one new agency (Senior Centers of Dade County) in order to continue a program that was previously funded directly by DHRS. v RDK/FR/orr ft