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HomeMy WebLinkAboutR-98-0329J-98-380 3/31/98 RESOLUTION NO. 9 8 r 329 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSORTIUM AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM AND SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI AND MIAMI-DADE COUNTY, MONROE COUNTY, THE CITY OF HIALEAH, AND THE CITY OF MIAMI BEACH REGARDING EMPLOYMENT AND TRAINING OPPORTUNITIES FOR THE ECONOMICALLY DISADVANTAGED, UNEMPLOYED, UNDEREMPLOYED, ET AL. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute a Consortium Agreement, in substantially the attached form and subject to review and approval by the City Attorney, between the City of Miami and Miami -Dade County, Monroe County, the City of Hialeah, and the City of Miami Beach regarding employment and training opportunities for the economically disadvantaged, unemployed, underemployed, et al. MAR 31IM Resoluu= No. Section 2 This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 31st day of March 1998. JOE CAROLLO, MAYOR ATTEST: WALTER J. FOEMAN, CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 0 L qEDWARD MAW LL IMRCITY AT RNEY W:BSS In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation no i becomes effective with the elapse of ten (10) days from the date of Commission act;--n regarding same, without the Mayor exercising y, 1to. Walfe—r J.-Pbeman, City Clerk - 2 - 98- 321 W THIS AGREEMENT, made and entered into this day of , 1998 by and among: Miami Dade County, The City of Miami, The City of Hialeah, The City of Miami Beach, Monroe County, A political subdivision of the State of Florida. III N. W. First Street Miami, FL 33128 A municipal corporation of the State of Florida. 3500 Pan American Drive Miami, FL 33133 A municipal corporation of the State of Florida. 501 Palm Avenue Hialeah, FL 33011 A municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach, Florida 33139 A political subdivision of the State of Florida. Courthouse Key West, FL 33040 WHEREAS, it is desirable to conduct programs on an area wide basis providing for employment and training opportunities for the economically disadvantaged, unemployed, underemployed or otherwise meeting the eligibility criteria of any program operated under this agreement and to assure universal access to training resources for the population of the two -county area and to assure that training and other services are organized and delivered in the most effective and efficient manner; and WHEREAS, Miami Dade County, the City of Miami, the City of Hialeah, the City of Miami Beach, and Monroe County are located in reasonable proximity to each other; and have entered into an agreement creating the South Florida Employment and Training Consortium; and WHEREAS, all of Miami Dade and Monroe Counties can be effectively served by a Consortium of the type created by this agreement; and 1 8� 3 29 WHEREAS, the signatories to this agreement believe that as a Consortium they can plan and operate a workforce development program so as to obtain administrative and programmatic advantages; and WHEREAS, it is the feeling of the parties hereto that the interests of the community would be better served by the South Florida Employment and Training Consortium herein referred to as SFETC continuing to provide for the funding, review, evaluation, and coordination of programs in the Miami Dade and Monroe Counties area, and to provide for the coordination of related ancillary workforce development services; and WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01 et seq., Florida Statutes 1977 and the Metropolitan Dade County Home Rule Charter provide a method for governmental entities to join together in order to perform programs of the type intended; NOW, THEREFORE, in consideration of the covenants, conditions, and premises herein set forth, the parties agree as follows: 1. That the parties hereto do all mutually and individually agree to continue with each other the entity known as the South Florida Employment and Training Consortium. 2. That a purpose of this consortium is to continue to conduct programs on an area -wide basis under the Job Training Partnership Act of 1982 as amended from time to time, (herein referred to as the Act) and under the Jobs and Education Partnership process. 3. That this agreement shall be approved by the affirmative vote of the legislative body of each jurisdiction (i.e., the City Commission of the City of Miami, the City Council of the City of Hialeah, the City Commission of the City of Miami Beach,the Boards of County Commissioners of Miami Dade and Monroe Counties), and shall supplant the existing agreement executed in 1996. 4. That the representatives to the Consortium from each member local government shall be either the chief elected official or the chief non-elected/appointed official of local government. Said non-Jetted/appointed officials shall be designated by their respective legislative bodies. 5. The Consortium hereby formed shall have the power; a. To receive all grants, funds, allocations, and any and all forms of revenue based on, or pursuant to the Act and to the Jobs and Education Partnership process; to receive grants, gifts, or other resources from any agency or agencies of the United States Government, and/or the State of Florida or other sources. KJ 98- 329 b. To enter into contracts or agreements with any corporation, municipality, or any other legal entity, public or private, or any other person or persons for the performance of such services as may be required by the terms of any grant, contract, or agreement entered into, or with, any agency or agencies of the government of the State of Florida and/or the United States, or any other organization. C. To, by four (4) affirmative votes of its members, promulgate such policies, and to amend such policies as necessary for the conduct of its business. d. To expend funds for both planning and administrative purposes as deemed necessary for the conduct of its business. e. To implement, coordinate, review and evaluate programs; and to fund, monitor and audit projects which have been approved by the Consortium. f. To consult and retain experts and purchase or lease or otherwise provide for such services, supplies, materials, equipment and facilities as it deems necessary. g. To appoint and remove an Executive Director who she serve at the will of the majority of the Consortium and the Chairman of the Jobs and Education Partnership. Said Director shall employ directly or through contract with a member jurisdiction appropriate staff personnel who will comprise the Office of the South Florida Employment and Training Consortium. The staff will be hired pursuant to Miami Dade County Employment Policies and Procedures and subject to the Miami Dade County employee merit system. h. To provide for an annual audit of the Office of the South Florida Employment and Training Consortium by an independent auditor. i. To provide either directly or through contract for legal service. 6. That this agreement shall be effective, upon its proper execution by the designated officer of each member jurisdiction's legislative body of Miami Dade County, the City of Hialeah, the City of Miami Beach, the City of Miami, and Monroe County, from July 1, 1998 and shall expire on June 30, 2000 or when re-aacted by the membership. This agreement may be renewed by the affirmative vote of the legislative body of each member jurisdiction. 7. That the South Florida Employment and Training Consortium staff shall perform the following and other duties as delegated by the Consortium: a. To prepare an annual budget for the operation of programs and projects. The budget for funds received under the Act shall be approved by the Consortium and 3 9 8 - 329 the Jobs and Education Partnership Board of South Florida which will function as a private industry council in compliance with all MA requirements. b. To maintain a financial accounting system to account for and report on all funds received and expended. Such report shall be made not less than quarterly to the Consortium and parties hereto. C. To monitor, evaluate, audit and provide technical assistance and advice to the parties hereto and to all others, organizations, or governmental units as may be required by Federal or State Regulations or the Consortium. d. To prepare appropriate reports for each member jurisdiction as required by the Consortium. 8. That the Consortium has caused to be created a private industry council in accord with the Act. This council, to be known as the Jobs and Education Partnership Regional Board of Miami Dade and Monroe Counties, is a separate entity whose members shall be appointed by the Consortium's member local governmental jurisdictions according to a formula for apportioning appointments that shall be agreed to by the Members, and revised from time to time by agreement of the Members, and which shall be in compliance with all federal and State requirements for representation on the private industry council/Jobs and Education Partnership Regional Board, including required representation in the following membership categories: • private sector businesses (minimum of 51 % of all seats) economic development organizations • community based organizations and organized labor (minimum of 15% of seats for these two categories combined), including a representative of a nonprofit community based organization which provides direct employment and training services to hard - to -serve individuals including the disabled • local education agencies (school districts and community colleges), including the Superintendents of the school districts of the two counties and the Presidents of the community colleges of the two counties • licensed private postsecondary schools, including one representative from a degree - granting institution and one from an institution offering certificate or diploma programs 4 98 - 329 • the public employment service, including the Regional Administrator of the Florida Department of Labor and Employment Security/Division of Jobs and Benefits • vocational rehabilitation agencies • the public assistance system, including the District Administrator of the Department of Children and Families • and others, including local elected officials, representation of services to the elderly, and other membership categories that may be added from time to time. 9. That this agreement may be amended from time to time, or cancelled, upon the affirmative vote of each legislative body, (i.e., the City Commission of the City of Miami, The City Council of the City of Hialeah, the City Commission of the City of Miami Beach, the Boards of County Commissioners of Miami Dade and Monroe Counties), of the parties hereto. 10. That any party hereto shall have the right to withdraw from this agreement upon the following conditions: a. That the Consortium by and through its executive director shall have received written notice of the parry's intent to withdraw no later than ninety (90) days before the end of the then current JTPA fiscal year. b. The withdrawing party shall not be released from any financial or any other obligations incurred by that party during the then current or prior fiscal years. 11. A majority of the Consortium shall constitute a quorum. Action of the Consortium shall be valid and binding when adopted at a public meeting by at least a majority of affirmative votes by those present unless otherwise provided in this agreement. 12. The each jurisdiction shall be entitled to all of the benefits from association in the consortium, and shall retain responsibility for the operation of the program. 13. That each member jurisdiction of the Consortium, to the extent consistent with State and local law, accepts ultimate responsibility for the operation and success of the program operated hereunder. 5 98- 329 14. That each member jurisdiction of the Consortium agrees to contribute to SFETC liability incurred under this agreement as follows: a. No liability will be paid by member jurisdictions unless ordered by court or other controlling body or unless otherwise agreed. b. Costs disallowed from contracts with SFETC Members will be paid by the SFETC Member involved. C. Costs disallowed from contracts with Service Providers or from staff errors will be paid as follows: Miami Dade County 46% Miami, City of 36% Hialeah, City of 8% Miami Beach, City of 5% Monroe County �5 % TOTAL 100 % d. In the event that a new political jurisdiction enters into this Consortium, liability to said new political jurisdiction will be prorated proportionately according to the total number of jurisdictions which then comprise the Consortium. 6 98- 329 WITNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MIAMI DADE COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY Deputy Clerk M.R. Stierheim, County Mana¢er 7 98- 329 WITNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIANII BY 8 98- 329 WUNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: City clak CITY OF HIALEAH BY 98 - 329 WITNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CTTY OF NIIAMI BEACH BY 10 98- 324j c wnwosEs: AOw.nvrj.n THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: Deputy Cleric MONROE COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY nS BOARD OF COUNTY CONUMSSIONERS BY 11 98- 32q