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HomeMy WebLinkAbout23509AGREEMENT INFORMATION AGREEMENT.NUMBER 23509 NAME/TYPE OF AGREEMENT SOUTH FLORIDA EMPLOYMENT & TRAINING CONSORTIUM DESCRIPTION PROFESSIONAL SERVICES AGREEMENT/PAN AM INITIATIVE/FILE ID: 92-115/R-92-0085 EFFECTIVE DATE ATTESTED BY MATTY HIRAI ATTESTED DATE 2/18/1993 DATE RECEIVED FROM ISSUING DEPT. NOTE a. s: 3501 DOCUMENT LOG FORM/CITY MANAGER'S OFFICE' Name of party(ies): South Florida Employment an Training Consortium Document type: ,Agreement Purpose: Implementation o JTPA Title III Pan Am Initiative Employment Program Faciltiy: Date(s): January 3, 1992 - December 31, 1992 Contact Person (questions): Dan Fernandes Telephone: 2 4 5 4 Contact Person (delivery): Dan Fernandes Telephone: 2 4. 5 4 EXPENSE/REVENUE S144,400 ACCOUNT(s)/PROJECTS(s) Authorized by Resolution No. 92-85 (ATTACHED) OR Approved by: Budget Director (IF GENERAL FUNDS) (IF CIP FUNDS) (IF C.D. FUNDS) CIP Administrator Comm.Dev.Director _X_ All City requirements have been met and the document(s) is(are) ready for exe ion D-pt -ctoesignee Init. DEPT. DIRECTOR OR DESIGNEE DATE2-10-93 ACM/Advisor Signature Date_ Date - Rec. by Mgr's Office: 4/7 5'3 -Signed by Manager: — ! ° 41:7�� -Attested by City Clerk: vZ/ -Returned to dept./office: ..i.v3//;, 573 ORIGINAL TO CITY CLERK: N/A REV. 9-20/91 • JOB TRAINING PARTNERSHIP ACT CONTRACTUAL AGREEMENT BETWEEN SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AND SERVICE PROVIDER SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 3403 NW 82nd Avenue, Suite 300 Miami, Florida 33122-1029 SERVICE PROVIDER CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 TITLE OF SERVICE PROVIDER'S PROGRAM: "Pan Am Initiative" CONTRACT AMOUNT JTPA TITLE $144,400 III CONTRACT NUMBER INDEX CODE NUMBER PA-PY'91-03-01 333003 ARTICLE I TERMS OF CONTRACTUAL AGREEMENT This contractual agreement amends and replaces the letter contract previously entered into between the parties hereto, a copy of which is attached hereto and incorporated herein. CITY OF MIAMI does hereby agree to implement and operate a program entitled "Pan Am Initiative" in accordance with all regulations defined by the United States Department of Labor and the State of Florida for programs operating under funds generated by the Job Training Partnership Act (JTPA) of 1982. CITY OF MIAMI 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 SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and CITY OF MIAMI, from the third (3rd) day of January 1992, to the thirty-first (31st) day of December 1992 at which time all performance other than follow-up activities for employment verification and close-out procedures which are required of CITY OF MIAMI in this Contract shall be completed. All close-out procedures stipulated in the Service Provider Policies and Procedures Manual shall be completed at no additional cost to this contract no later than February 15, 1993. PY'91-S TITLE III (GOVT) CB Page 1 ARTICLE III REIMBURSEMENT COSTS The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, in consideration for the promise .of services to be rendered by CITY OF MIAMI, does hereby agree to reimburse allowable costs incurred by CITY OF MIAMI in the performance of this program. Maximum reimbursement shall not exceed $144,400. ARTICLE IV ALLOWABLE REIMBURSEMENTS Reimbursements are allowable under the following stipulations; (a) Allowable reimbursements shall be defined as those costs which are permitted by: (1) The United States Government in the Federal Management Circulars, the Code of Federal Regulations, and the Office of Management and Budget (OMB) Circulars; and (2) The State of Florida; and. (3) The South Florida Employment and Training Consortium as documen- ted in the Service Provider Policies and Procedures Manual which is part of this Contract. (B) All reimbursement costs shall be paid from federal funds provided through the Job Training Partnership Act of 1982. Costs incurred by the program cannot be allocated to any other program(s) nor can costs incurred by other program(s) be allocated to this program. (C) All reimbursement costs shall be charged to an itemized line item budget as included as a part of this Contract. Reimbursement costs shall not exceed the maximum dollar amounts allocated for each line item in the Exhibit(s); except as provided in Article IV, Section D of this Contract. (D) Contract Amendments affecting the line item budget as well as amend- ments affecting the total amount shall be at the the sole discretion of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (E) In the event the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the State of Florida, and/or U. S. Department of Labor disallows any funds that were reimbursed and/or advanced to CITY OF MIAMI as a result of fiscal audits of CITY OF MIAMI's program then CITY OF MIAMI 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's programs,. upon completion of the audit appeals. In the event that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM is to sue CITY OF MIAMI for breach of the terms of this contract, and/or for violation of the regulations and/or policies and procedures incorporated in this contract, CITY OF MIAMI 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. PY'91-S TITLE III (GOVT) CB Page 2 (F) CITY OF MIAMI 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 this contract; further, that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall have the right to intervene in such litigation or grievance. ARTICLE V REGULATIONS CITY OF MIAMI does hereby agree to perform all activities related to the program 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 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) Directives, regulations, and rules issued by the State of Florida. (C) The Service Provider Policies and Procedures Manual as edited and provided by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for the JTPA Program. (D) Program Directives issued by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (E) Assurances and Certifications of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; All of these policies and procedures are in effect at the inception of this Con- tract and may be amended during the effective period of this Contract. All re- gulations and manuals which appear in Article V, paragraphs A, B, and C of this Contract are incorporated into this Contract by reference; thereby forming an integral part of this Contract. ARTICLE VI SERVICE DELIVERY CITY OF MIAMI does hereby agree to implement and operate the program entitled "Pan Am Initiative" by delivering those services listed below, in compliance with the conditions herein stated: (A) CITY OF MIAMI is obligated to accomplish those program objectives which have been defined in the Exhibit(s) of this Contract. CITY OF MIAMI is also obligated to accomplish those objectives within the period of this contract, February 22, 1991 through February 21, 1992, except for employment verification activities which shall be accomplished no later than June 30, 1992, at no additional cost to this contract. PY'91-S TITLE III (GOVT) CB Page 3 (B) CITY OF MIAMI is obligated to insure that the enrollment of participants meets the standards established in the CITY OF MIAMI'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. CITY OF MIAMI will comply with the tenets of Equal Employment Opportunity. (C) CITY OF MIAMI is obligated to insure that all operational documents submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM remain in force during the life of this Contract. (D) CITY OF MIAMI is obligated to insure that the Personnel Policies. and Procedures developed by CITY OF MIAMI are applicable and are equally enforced for both JTPA and non-JTPA personnel. CITY OF MIAMI shall also insure that each employee and enrollee under. this contract is informed of his or her rights and benefits in connection with the program including the right to grieve or file a complaint. Procedures for processing grievances or complaints are outlined in the Service Provider Policies and Procedures Manual. (E) These obligations shall be monitored by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM through the Monthly Expenditure Report, the Statement of Sources and Application of Program Generated Income, and the Competency Attainment Transmittal Document. The Monthly Expenditure Report and the Statement of Sources and Application of Program Generated Income Report shall be submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM by the twentieth (20th) calendar day of each month. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may cite the Service Provider as being out of compliance when data being reported causes the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM to judge that the goals and objectives of the program may not be achieved or when otherwise reports submitted disclose existing or potential problems. The Service Provider shall be requested to submit a Corrective Action Plan within five (5) working days when such citations are made. (F) CITY OF MIAMI does hereby agree to operate within the centralized intake system established by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (G) CITY. OF MIAMI does hereby agree to prominently incorporate the name of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and the Private Industry Council (PIC) of SOUTH FLORIDA when developing radio or television coverage, any form of media press release or public information materials concerning CITY OF MIAMI's program entitled"Pan Am Initiative". These materials shall include announcements and articles in newspapers and magazines, and the printing of informational pamphlets, flyers, and posters. Copies of these materials shall be forwarded to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at the time of distribution. CITY OF MIAMI does hereby agree to prominantly display a sign, the type and style of which to be approved in advance by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at the location of the Pan Am Initiative project. Agency does hereby voluntarily agree to purchase said sign from the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at the cost of the sign. PY'91-S TITLE III (GOVT) CB Page 4 (H) CITY OF MIAMI does hereby agree to accurately complete and submit all reports required by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM in accordance with the procedures stipulated in the Service Provider Policies and Procedures Manual. (I) CITY OF MIAMI does hereby agree to accurately report all program income generated by CITY OF MIAMI's program entitled "Pan Am Initiative" to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. All program income shall revert to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM unless authorized in writing otherwise by the Executive Director of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. (J) The Service Provider 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. The Service Provider is also obligated to certify the absence of debarment and suspension from all subcontractors and OJT employers receiving $25,000 or more in JTPA funds during the Program Year. (K) The Service Provider does hereby agree that any and all proposed purchases of capital equipment utilizing JTPA funds must first be approved by the designated Contracts Officer. (L) The Service Provider is obligated to certify that no fees or funds will be collected from participants, and that any PELL Grants or other funds generated in conjunction with JTPA participants will reduce JTPA funds accordingly. Contracts with Pell eligible institutions must be approved in advance by the SFETC and must contain the following language: 1. Pell -eligible schools (PES) shall cooperate with the South Florida Employment and Training Consortium (SFETC) and/or the service provider in establishing a process for determining the participant's training -related needs and proper mix of JTPA and Pell funds. 2. To ensure that there is no duplication or overlap of either services on funding, JTPA agreements with Pell eligible schools should include three types of requirements. These include assurances to obtain: a) Predetermination of the JTPA participant's Pell Grant eligibility, b) Pre -agreed adjustments in contract charges to the SFETC based on Pell award levels in cases where Pell Grant eligibility is not established until after the JTPA contract is negotiated. c) Reporting requirements sufficient to monitor the occurrence of suchadjustments and the reduction of costs billed to the SFETC reflecting all funds received in excess of contract determined costs. In addition, agreements for individual JTPA participants should include provisions to enable SDAs to verify the school's charges made to the student as well as the amount of the Pell award and the manner of disbursement. 3. The agreement should document that the gross cost of the educational or training program contracted, before reduction for the Pell Grant entitlement, is not in excess of the institution's standard tuition and fee charges for that program. If the cost exceeds such charges, the added costs should reflect additional services specifically identified and established to be necessary, reasonable, and allocable (Section 629.37 of the JTPA Regulations). As a means of ensuring that a JTPA participant taking a pre-existing course is charged the same tuition and fees as other students, the contracting process should require that the schools provide a catalog with current tuition and fee rates (and other charges) or some other documentation of these costs - such as records of billings. This does not preclude negotiation of reduced costs for larger numbers of JTPA participants. PY'91-S TITLE III (GOVT) CB Page 5 4. The agreement should also ensure that the school provide the SFETC with a copy of the. Student Aid Report (SAR) received from the Department of Education. 5. Finally, the contracting process should assure that the school will inform the SFETC of the amount of the Pell award and the manner of disbursement. Because disclosure of this information to the SFETC is necessary to ensure compliance with the JTPA statutory provisions, the school should obtain any needed disclosure releases from students who are JTPA participants receiving Pell Grants. 6. Contracts with Pell eligible schools should ensure: a) The contractor cannot bill or be, paid twice for the same expenses, b) Costs paid for by JTPA and by the Pell entitlement are clearly identified, and c) Access is guaranteed to the JTPA participant's Pell records. (M) WORK STATEMENT 1. The Service Provider, does hereby agree to provide for dislocated workers an Occupational Skills Training (OST) Program. The term "dislocated workers" as used herein shall be understood to mean any individual determined by the SFETC to be eligible for JTPA Title III services. 2. All training will be carried out in accord with the requirements of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC). All participants will be prepared to•meet the entry-level hiring criteria for each OST training area. 3. The service provider shall be responsible for: o Assessing applicants' basic skills through the administration of the Test of Adult Basic Education (TABE) instrument. o Conducting appropriate outreach and recruitment to fill all vacancies in the project. o Providing Pre -employment skills training based on each applicant's needs to enhance their job readiness and subsequent job retention. o Assessing participants' needs for supportive services, providing transportation allowances or bus passes, providing meals allowances, and referrals for child care services or other supportive services in accord with the procedures specified in the Service Provider Policies and Procedures Manual and subsequent Program Directives. o Providing job development and placement services as needed to meet or exceed the contract's performance standards for enrollments and training -related job placements. The service provider will develop job opportunities with employers with openings in permanent positions. o Providing ongoing monitoring of training and sufficient vocational counseling to insure that participants remain sufficiently motivated to continue their participation in the program, receive assistance as needed to make progress, and develop sufficient skills to enhance their employability potential. o Providing sufficient post -placement counseling and assistance in the 60 days following entry into unsubsidized employment, to enhance participants' prospects for job retention. PY'91-S TITLE III (GOVT) CB Page 6 (N) PERFORMANCE STANDARDS The Service Provider will be required to meet the following performance standards: 1. At least 65 percent of the dislocated workers enrolled, and not fewer than 65 participants, must complete the training, be placed in an unsubsidized position in the occupation for which they have been trained, and be retained in the unsubsidized position for a minimum of 30 calendar days for adults or 5 working days for youth 16-21 years old; and 2. At least 60 percent of the dislocated workers enrolled, and not fewer than 60 participants, must complete training, must be placed and must be retained in unsubsidized employment for a minimum of 60 calendar days for adults or 30 calendar days for youth; and 3. All placements must be made at or above the federal minimum wage. 4. Future funding to the Service Provider for OST services may be largely dependent upon the Service Provider's achievement under this contractual agreement of the minimum requirements noted above, related to the following: a) Percentage of the total number of dislocated workers enrolled who are placed into the occupation for which training was provided and who are retained for a minimum of 30 calendar days for adults and 5 working days for youth, and b) Percentage of the total number of dislocated workers enrolled who are placed after training. and retained in employment for a minimum of 60 calendar days for adults or 30 calendar days for youth. ARTICLE VII SUSPENSION OR DE -OBLIGATION OF FUNDS The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to sus- pend or de -obligate funds allocated to CITY OF MIAMI for breach of any provision of this Contract 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 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 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 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 CITY OF MIAMI have abused the purpose of the Job Training Partnership Act; (D) When it is determined that there is evidence of misfeasance in con- junction with regulations established in Article V of this Contract; or (E) When it is determined that CITY OF MIAMI has not spent and will not spend and/or justify the total amount of funds obligated to the program within the period of performance. (F) The Service Provider does hereby agree that any and all proposed purchases of capital equipment utilizing JTPA funds must first be approved by the designated Contracts Officer. PY'91-S TITLE III (GOVT) CB Page 7 ARTICLE VIII SUSPENSION AND/OR TERMINATION OF CONTRACT (A) Suspension and/or Termination For Cause If, through any cause, CITY OF MIAMI shall fail to fulfill, in a timely and proper manner, its obligations under this Contract, or if CITY OF MIAMI shall violate any of the covenants or stipulations of this Contract, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall thereupon have the right to suspend and/or terminate this Contract; provided that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM adheres to those stipulations outlined in Article VIII, Section B of this Contract for suspension and to those stipulations outlined in Article VIII, Section C of this Contract for termination. (B) Procedures for Suspension for Cause by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM: The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall have the right to suspend partial or total funds which have been allocated to CITY OF MIAMI 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 or the receipt of a hand delivered notification of said suspension. This written notification shall be provided to CITY OF MIAMI by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. 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 SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM: If the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM determines to exercise the right of termination for cause or convenience, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall notify CITY OF MIAMI, in writing by certified mail or hand delivered, of the anticipated action, the reason(s) for the action, and shall indicate that CITY OF MIAMI has the right to appeal this action. CITY OF MIAMI shall be required to submit a written notification by certified mail or hand delivered requesting a De -obligation Hearing within five (5) working days after receipt of 'the letter from the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM indicating the anticipated action. In the event CITY OF MIAMI does not request a hearing within the five (5) working day period, the decision of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM to terminate shall become final. Once the Hearing is completed, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall notify CITY OF MIAMI of the recommendation of the De -obligation Hearing Committee within five (5) working days after the Hearing has been conducted. The recommendation shall be presented to the Membership of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at their next scheduled meeting for final determination. CITY OF MIAMI 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 Consortium members. Such compensation shall not be provided .to CITY OF MIAMI until such time as CITY OF MIAMI 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. PY'91-S TITLE III (GOVT) CB Page 8 Notwithstanding the above, CITY OF MIAMI shall not be relieved of liability to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for any damages sustained by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM or by a third party by virtue of any breach of Contract by CITY OF MIAMI until the charges for such damages have been paid by CITY OF MIAMI. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may withhold any payments to CITY OF MIAMI until such time as the exact amount of damages due the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM from CITY OF MIAMI is determined. This liability shall include damages awarded to a third party by virtue of a final determination issued by, the .State of Florida, the U.S. Department of Labor, or an Administrative Law Judge. (D) Termination for Convenience of CITY OF MIAMI. CITY OF MIAMI may request to terminate this contract at any time by giving at least thirty (30) days advance notice, in writing by certified mail, or hand delivered to the SOUTH FLORIDA EMPLOYMENT AND TRAINING. CONSORTIUM. Requests for voluntary de -obligation of partial or total funds shall require ratification by the Membership of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Once the request has been approved by the Membership of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall notify CITY OF MIAMI tobegin the close-out of CITY OF MIAMI's program entitled "Pan Am Initiative". CITY OF MIAMI 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 until such time as CITY OF MIAMI 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. (E) Termination for Convenience of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall have the right to terminate this Contract for convenience when it is determined to be in the best interest of the SOUTH. FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; provided that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM adheres to those stipulations outlined in Article VIII, Section C of this Contract. (F) Termination for Non -Award or Reduction of Funds. If, for any reason, the State of Florida or the U.S. Department of Labor 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. CITY OF MIAMI 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 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 until such time as CITY OF MIAMI 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. PY'91-S TITLE III (GOVT) CB Page 9 ARTICLE IX INSURANCE AND BONDING REQUIREMENTS CITY OF MIAMI,.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 does hereby agree to give advance written notification to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM in regards to any sub -contract agreement signed by CITY OF MIAMI and an independent agency when such an agreement involves the utilization of funds provided through this Contract. The written notification shall include all information identified in the Service Provider Policies and Procedures Manual. The notification shall include a copy of the non -executed sub -contract agreement. No sub -contract agreement shall be signed by CITY OF MIAMI until the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM provides a written notification which approves the form and content of the sub -contract agreement. Any expenditures incurred by CITY OF MIAMI in conjunction with a sub -contract agreement prior to receipt of written, approval from the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall be the responsibility of CITY OF MIAMI and may not be reimbursed with JTPA.funds; nor shall they be reported to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM as an inclusion with subsequent expenditures. The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall approve sub -contract agreements as to form and content only. The SOUTH FLORIDA EMPLOYMENT AND TRAIN- ING CONSORTIUM 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. CITY OF MIAMI may not sell its assets or assign its rights under this Agreement without prior approval from the SOUTH FLORI'DA EMPLOYMENT AND TRAINING CONSORTIUM. ARTICLE XI MAINTENANCE OF RECORDS All financial participant and programmatic records pertaining to the funds pro- vided under this Contract shall be maintained by CITY OF MIAMI during the effective period of performance of this Contract and for a period of three (3) years subsequent to the expiration of this Contract or until all audit exceptions, grievances or litigations which may have been presented as a result of this Contractual 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, or the U.S. Department of Labor may request copies of any and all of these records. CITY OF MIAMI shall be responsible for providing copies of these records at the time of the request. PY'91-S TITLE III (GOVT) CB Page 10 In the event that CITY OF MIAMI will cease all operations as a result of the expiration of the Contract, CITY OF MIAMI shall be required to prepare all records for storage in accordance with the Service Provider Policies and Procedures Manual. Once these records are secured by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, CITY OF MIAMI shall not be liable for the maintenance of these records. CITY OF MIAMI agrees and understands that it, or any of its agents or sub -contractors, would be in violation of 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 stipulation includes the withholding of information contained in the records maintained by CITY OF MIAMI. CITY OF MIAMI agrees to maintain and 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 CITY OF MIAMI in conjunction with this contract. CITY OF MIAMI shall not use or disclose any information concerning a recipient of services 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 XII MONITORING OF CITY OF MIAMI's PROGRAM The SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has the authority to moni- tor, audit or perform an investigation of the program entitled Pan Am Initiative which is conducted by the CITY OF MIAMI at any time without prior notification in accordance with its authority provided in the federal regulations. The records of CITY OF MIAMI shall be subject at all times to inspection, review, or audit by personnel duly authorized by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM, the State of Florida, or the U.S. Department of Labor. In the event that the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM deter- mines that CITY OF MIAMI is not in compliance with any obligations listed in this Contract, CITY OF MIAMI 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 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 within thirty (30) days after the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM has determined that CITY OF MIAMI 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. The provisions of this Article in no way limit the right of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM to suspend or terminate funding in accordance with Article VIII of this contract. PY'91-S TITLE III (GOVT) CB Page 11 ARTICLE XIII INDEMNIFICATION CITY OF MIAMI, as a governmental Service Provider, 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. CITY OF MIAMI, as a governmental Service Provider, 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 the Service Provider, 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 DOCUMENTATION FOR CONTRACT INVOICES All documentation to be submitted to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM for Contract invoices shall be submitted in accordance with the pro- visions outlined in the Service Provider Policies and Procedures Manual and in Exhibit(s) of this Contract. The State of Florida or the SOUTH FLORIDA EMPLOY- MENT AND TRAINING CONSORTIUM shall perform audits or have audits performed on this Contract and a copy of the audit findings will be supplied to CITY OF MIAMI upon completion of said audit. Any final adjustments to be necessary shall be made based on such audit findings. ARTICLE XV CONTRACT AMENDMENTS CITY OF MIAMI may request an amendment to this Contract to conform with any contingencies which may require such amendment. Once a contract amendment 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 amendment. Amendments require review, approval and execution by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. After approval, the appropriate signatures of the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM and CITY OF MIAMI shall be ascertained and the amendment shall be written and incorporated into this Contract, thereby becoming an integral part of it. No amendments shall be effective until approved and signed by the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM may request CITY OF MIAMI to provide contract amendments' to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM at any time during the performance period of the •Contractual Agreement. ARTICLE XVI NOTICES Notifications and letters addressed to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM shall be delivered or mailed to: SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 3403 NW 82nd Avenue, Suite 300 Miami, Florida 33122-1029 PY'91-S TITLE III (GOVT) CB Page 12 Notifications and letters addressed to CITY OF MIAMI shall be mailed to: CITY OF MIAMI Pan Am Initiative 3500 Pan American Drive Miami, Florida 33133 ARTICLE XVII WAIVERS Nowaiver 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.I CONTINGENCY CLAUSE Funding for this contract is contingent on the availability of funds and con- tinued authorization for program activities, and is subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or change in regulations. ARTICLE XIX AUDITS CITY OF MIAMI 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 in accordance with the provisions of the Single Audit Act of 1984 and OMB Circular A-128. CITY OF MIAMI shall providea copy of its annual audit to the SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. Not withstanding this annual audit, CITY OF MIAMI 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. ARTICLE XX CONTRACTUAL TERMS Contractual terms of this contract are contingent upon the approval of the State of Florida Department of Labor and Employment Security and the United States Department of Labor. PY'91-S TITLE III (GOVT) CB Page 13 SIGNATORY FORM AUTHORIZED SIGNATURES FOR: CITY OF MIAMI PROGRAM ENTITLED: "Pan Am Initiative" (These Signatures Sha 1 be the Same As Those Names Which Appear in the List of Authorized Signatu s Provided in the Operational Documents on File with the SOUTH FLORIDA EMPT AND RAINING CONSORTIUM.) la. - lb. o Signatures of Authorized Officials o 2a. Cesar H. Odio 2b. o Typed Names of Authorized Officials o 3a. Cit a ager 3c. o Full Titles of Authorized Officials o 4a. `/�i 4b. Signat e of Person Attesting Signature of Person Attesting Signature that Appears on Line la Signature that Appears on Line lb 1. Matty Hirai , do hereby agree that the following information is true: (Typed Name of Secretary/Clerk) 1) That I am the Secretar Clerk of CITY OF MIAMI as the SERVICE PROVIDER herein: 2) That CITY OF MIAMI's governing body possesses legal author.ity to enter into this Contract; 3) That CITY OF MIAMI's governing.body conducted a duly constituted meeting on the 13 day of February . , 19 92 4) That at the said meeting, the governing body authorized the execution of this contract, including all the understandings and assurances contained herein, by enacting one of the following parliamentary procedures: the governing body passed a motion authorizing execution of the Contract X the governing body adopted a resolution authorizing execution of the Contract; 5) That the governing body has directed those 'ersons whose names appear on Lines la. and lb. above the act in it official capacity on behalf of CITY OF MIAMI in connection w ontract. (PLACE SEAL HERE) I do hereby, certify that the Secret day of February , 19 line 5 above. (PLACE.SEAL HERE) BY: 5. re of Secretary/Clerk Matty Hirai (Typed Name of Secretary/Clerk) SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM BY: BY: eared before (his/, the signature on Signature Notary My Commission Expires* PUBLIC STATE OF FLORIDA N7 COMMISSION EXP. APR.26,1994 BONDED THBU GENERAL APPROVED AS.T3 FORM AND CORRECiN S ' (Contracts Off' er FYk ": ?,<;icv, (Executive Director) PY'91-S TITLE III (GOVT) CB Page 14 JOB TRAINING PARTNERSHIP ACT PRELIMINARY/LETTER CONTRACT SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AND SERVICE PROVIDER SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM 3403 NW 82nd Avenue, Suite 300 Miami, Florida 33122 SERVICE PROVIDER CITY OF MIAMI 3500 Pan American Drive Miami, Florida 33133 A:OF Effective Date of Contr. ct: A Contract Number: PA-PY'91-03-00 Sy" Contract Period: -i 6f92 - 12/31/92 Contract Amount: $144,400 Your organization has been selected for award of the contract for operation of a Title III Contract upon the condition that all documentation and elements that are necessary for the full contract package are incorporated by modification number PA-PY'91-03-01 into this contract no later than 60 days from the effective date of this contract as noted above. Documentation which is required includes but may not be limited to an itemized budget, copies of documentation of.licencing and incorporation in the State of Florida, names and positions of Board of Directors, organizational responsibilities, recent audit report or certification of sound fiscal management, income/FICA tax certification and IRS identification number, personnel policies and procedures, affirmative action plan, documentation of applicable insurance and bonding, and certification of absence of debarment and suspension. A more extensive agreement will be submitted for your signature as soon as possible. It is very important that you sign this contract and return it to Emma del Forn, SFETC Assistant Director for Operations, to be received no later than January 31, 1992. If you have any questions please call Ms. del Forn at 594-7615. The undersigned have the authority to legally bind by contract the entities they represent. 1 ncerely, ose i Al fano r; Executive Director Representing the ver Date h Florida Employment and 'Training Consortium. Z % Date Representing: �-� �//s/yi • SERVICE PROVIDER: CITY OF NIAMI TOTAL ACTIVITY BASIC READJUST ' TRAINING ADMIN. -1- -2- -3- -4- -5- -6- -7- -8- -9- -10- -11- -12- -13- POSITION TITLE NUMBER OF POSITIONS r SALARY (WK) (BW) (SM) NUMBER OF PERIODS TOTAL SALARY % TOTAL SALARY SALARY % TIME DOLLAR AMOUNT S TINE DOLLAR AMOUNT x TIME DOLLAR AMOUNT RESOURCE SPECIALIST (Job Dev./Couns.1 1 936.80 i 13 12,178.40 100 12,178.40 i 100 12,178.40 TYPIST CLERK 1 560.80 13 7290.40 100 7,290.40 1 100 100 7,290.40 r TOTAL TOTAL SALARY 19,468.80 62.6 37.4 7,290.40 SERVICE PROVIDER: C II Y OF MIAMI 1 Iune rrass 1 1 Tam 1 I % IBASIC .1 (SUPP. 1 I x3 1 1 IRE USY1 % I:ERNS. I % ITRAIN=I % I ArmiN. 1 I� 1 19,500 1 63 12,200 1 1 I • I 4 37 �•7,300 IsxIAL 1sE uRrrr 1 i .1, 500 1 i 63 1 1 933 1 1 1 1 1 I 1 1 I 1.37 1. 1 567 1 WORKER'S 1 1 T II II II I Icn iPEN. 1 600 1 63 1 366 1 1 1 1 1 37 1 234 , 1 1 MPIDY. 1 .1 1 1 1 I I 1 1 1 I nssmx= 1 200 1.63 1 1221 1 1 1 1.37 .. 1. 78' 1 IrmoR vat,1 4,300 f100 4,300:1 11 1 I 1 I I SUPPOgre I I ( i I 1 I 1 I I 1sERVICFS 1 19,800 1 1 1.100 1 19,800 1 1 1 1 1 12vITICH 1 1 I 1 I 1 1 1 1 1 !AND BOOKS 1 98,500 1 1 1 1 1 100 1.98,500 1 1 1 IOFFICE 1 1 I I •. 1 1 1 I . 1 !SUPPLIES I -0- I I I I I I I. I I 1 1 1 I 1 1 1 1 1 1 1 I I I I I I I I I I I 1 I I I 1 1 1 1 1 1 1 1 I 1. I I I I I I I 1 I 1 I I 1 1 1 1 1 1 1 I I I 1 1 I I I I I 1 1 I 1. ' l 1 I 1 1 1 1---f 1 '1 ThL 1 144,400 ( 12.41 17,9211. 13.1.19,8001 68.3 98,500 1 5.74 8,179 1 SERVICE PROVIDER: CITY OF MIAMI TIII Pan American Airlines PROJECT Dislocated Workers Program ITEMIZED BUDGET JUSTIFICATION SHEET Description Provide specific calculations and narrative rationale. For line items that are cost alloc- ated, provid percentage to be charged to each funding source and identify each funding source 1 .1 1 1 Amount I (Round up to next $50.00) STAFF SALARIES RESOURCE SPECIALIST/JOB DEVELOPER/COUNSELOR 936.80 x 13 pp = 12,178.40 TYPIST CLERK 560.80 x 13 pp = 7,290.40 19,468.80 SUBTOTAL FRINGE BENEFITS Social Security 19500 x 7.65V. = 1,491.75 Workers Compensation 19500 x 3 $= 585.00 Unemployment Insurance 19500 x 1 % = 195 Maintenance & Operations of Motor Vehicles For use in Job Development and Counseling. Lease of one vehicle at 54C.00 x 1 x 8 months = $4,384.00 (Includes full coverage insurance) SUPPORTIVE SERVICES* Tuition* Books and Supplies GRAND TOTAL *Estimated Amount 1 19,500.00 1,500.00 600.00 200.00 4,300.00 19,800.00 98,500.00 144,400.00 J-92-115 1/30/92 92- 85 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE FOLLOWING FOUR (4) GRANTS FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM (SFETC) IN THE RESPECTIVE AMOUNTS OF $34,118, $96,520, $144,400 AND $75,718 TO 'OPERATE JTPA PROGRAMS: JTPA TITLE I (PY'91), JTPA TITLE II- A/ENTERPRISE ZONE (PY'91), JTPA TITLE III/PAN AM (PY'91) AND DHRS/RCA (PY'91); FURTHER AUTHORIZING THE CITY MANAGER TO ENTER INTO THE NECESSARY AGREEMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE 'SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM SUBJECT TO THE CONDITIONS AND LIMITATIONS CONTAINED HEREIN AND IN THE CITY CODE. WHEREAS, the South Florida Employment and Training Consortium (SFETC) has awarded the City of Miami $34,118 of JTPA Title I (PY'91) funds to provide employment services to older workers; and WHEREAS, the South Florida Employment and Training Consortium has awarded the City of Miami $96,520 of JTPA Title II-A/Enterprise Zone (PY'91) funds to serve residents of specific identified economically disadvantaged areas; and WHEREAS, the South Florida Employment and Training Consortium has awarded the City of Miami $144.,400 of JTPA Title III/Pan Am (PY'91) funds to serve displaced Pan Am Airlines workers; and 4. CITY COMMISSION MEETING OF FEB 13 1992 92- $g te0101s Ni. - • 4- WHEREAS, the South Florida Employment and Training Consortium has awarded the City of Miami $75,718 of DHRS/RCA (PY'91) funds from the Department of Health and Rehabilitative Services to provide employment services to entrants/refugees; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in the Section. Section 2. The City Manager is hereby authorized to accept a JTPA Title I (PY'91) grant from the South Florida Employment and Training Consortium in the amount of $34,118 to provide employment services to older workers. Section 3. The City Manager is hereby authorized to enter into the necessary agreements, in a form acceptable to the City Attorney, with the South Florida Employment and Training Consortium for the aforementioned JTPA Title I (PY'91) program, subject to the conditions and limitations contained herein and in the City Code. Section 4. The City Manager is hereby authorized to accept a JTPA Title II-A/Enterprise Zone (PY'91) grant from the South Florida Employment and Training Consortium in the amount of $96,520 to provide employment services to economically -2- 92- disadvantaged persons from specifically identified depressed and deprived geographical areas. Section 5. The City Manager is hereby authorized to enter into the necessary agreements, in a form acceptable to the City Attorney, with the South Florida Employment and Training Consortium for the aforementioned JTPA Title II-A/Enterprise Zone (PY'91) program, subject to the conditions and limitations contained herein and in the City Code. Section 6. The City Manager is hereby authorized to accept a JTPA Title III/Pan Am (PY'91) grant from the South Florida Employment and Training Consortium in the amount of $144,400 to provide employment services to displaced Pan Am Airline workers. Section 7. The City Manager is hereby authorized to enter into the necessary agreements, in a form acceptable to the City Attorney, with the South Florida Employment and Training Consortium for the aforementioned JTPA Title III/Pan Am (PY'91) program, subject to the conditions and limitations contained herein and in the City Code. Section 8. The City Manager is hereby authorized to accept a DHRS/RCA (PY'91) grant from the South Florida Employment and Training Consortium in the amount of $75,718 to provide employment services to entrants/refugees. Section 9. The City Manager is hereby authorized to enter into the necessary agreements, in a form acceptable to the City Attorney, with the South Florida Employment and Training Consortium for the aforementioned DHRS/RCA (PY'9.1) program, subject to the conditions and limitations contained herein and in the City Code. -3- 92-- 85 h Section 10. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of February , 1992. ATT • Y HIRAI, CITY CLERK BUDGETARY REVIEW: MANOHAR.,S, •URANA, DIRECTOR BUDGET DE RTMENT FINANCE REVIEW: GARC APPROVED AS TO FORM AND CORRECTNESS: CITY ATTO EY ABS/mv/M2781 XAVIER L. SUAR Z, MAYOR PREPARED AND APPROVED BY: ALBERTINE S. SMITH CHIEF ASSISTANT CITY ATTORNEY CARLOS IA, DIRECTOR FINANCE EPART MENT