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HomeMy WebLinkAboutR-96-0194J-96-205 3/5/96 RESOLUTION NO. 96- 194 A RESOLUTION, WITH ATTACHMENT, APPROVING THE AGREEMENT TO CONTINUE THE ENTITY KNOWN AS THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM ("CONSORTIUM"), DESIGNATING THE CITY MANAGER TO CONTINUE SERVING AS THE CITY OF MIAMI REPRESENTATIVE TO THE CONSORTIUM; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO CONTINUE THE ENTITY KNOWN AS THE CONSORTIUM. WHEREAS, the City of Miami, the City of Miami Beach, the City of Hialeah, Metropolitan Dade County and Monroe County comprise the South Florida Employment and Training Consortium ("Consortium"); and WHEREAS, the purpose of the Consortium is to continue to conduct programs on an area -wide basis under the Job Training Partnership Act of 1982 and the Jobs and Education Partnership process, to provide employment and training opportunities for the economically disadvantaged, unemployed, underemployed or those who meet other eligibility criteria, and to ensure that training and other services are organized and delivered in the most effective and efficient manner; and WHEREAS, the City of Miami, as well as the other members of the Consortium, desire to continue the entity known as the Consortium; and ATTACHMENT (5)I CONTAINED ;CITY COMMISSION MEETING OF MAR 1 4 1996 Rosolution No. 96- 1'S4 WHEREAS, the City Commission desires the City Manager to continue to serve as the City of Miami's representative on the Consortium; 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 this Section. Section 2. The City Commission hereby approves the agreement to continue the entity known as the South Florida Employment and Training Consortium ("Consortium"). Section 3. The City Commission hereby designates the City Manager to continue serving as the City of Miami representative to the Consortium. Section 4. The City Manager is hereby authorized to execute the agreement, in substantially the attached form, to continue the entity known as the Consortium subject to the conditions and limitations contained herein and in the City Code. Section 5. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of March , 1996. pwft�6L - STEPIVA P. CLARK, MAYOR ATTEST: Ghp�flr�� WALTER J. OEMAN, CITY CLERK z- 96- 194 k__ PREPARED AND APPROVED BY: 612e e4 �) i4 OL RAMIREZ-S IJA ASS STANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W664:csk:ORS 3- 95- 194 CONSORTIUM AGREEMENT THIS AGREEMENT, made and entered into this day of , 1996 by and among: Metropolitan Dade County, A political subdivision of the State of Florida. 111 N. W. First Street Miami, FL 33128 The City of Miami, The City of Hialeah, The City of Miami Beach, Monroe County, 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, Metropolitan 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 Dade and Monroe Counties can be effectively served by a Consortium of the type created by this agreement; and 1 96- 194 k;_ 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 planning, funding, review, evaluation, and coordination of programs in the 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 F..ducation 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 Dade and Monroe Counties), and shall supplant the existing agreement executed in 1995. 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-elected/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 2 96- 194 V, 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. 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 plan, 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 shall serve at the will of the majority of the Consortium. 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 Dade County Employment Policies and Procedures and subject to the 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 Metropolitan Dade County, the City of Hialeah, the City of Miami Beach, the City of Miami, and Monroe County, from July 1, 1996 and shall expire on June 30, 1998 or when re-enacted by the membership, whichever first occurs. This agreement may be renewed by the affirmative vote of the legislative body of each member jurisdiction. 3 95- 194 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 plan for programs and projects within the Dade and Monroe Counties area which shall be based upon the following: 1) Community input as to workforce development needs within the area. Z) Statistical analysis of workforce development needs within the area. 3) A current resource assessment, consisting of a statement of resources available to the parties hereto for the implementation of workforce development programming, and a statement of the manner in which these resources are being or are to be allocated. 4) An assessment of priorities within the area. 5) A statement of workforce development needs which are or will be met or undermet within the year to which the annual plan will refer. The annual plan herein provided for shall be prepared subject to the approval of the Consortium. b. 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 the Jobs and Education Partnership Board of South Florida which will function as a private industry council in compliance with all JTPA requirements. C. 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. d. 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. e. To prepare appropriate reports for each member jurisdiction as required by the Consortium. 95-- 194 4 i 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 Board of I South Florida, is a separate entity whose members shall be appointed by the Consortium's member local governmental jurisdictions according to the following allocation of seats: Seat Designation Metropolitan Dade County City of Miami City of Hialeah City of Miami Beach Monroe County Total Private Sector 14 7 5 5 1 32 Economic Development 2 0 0 0 0 2 Community Based Organization 2 2 1 0 1 6 Education 2 1 1 0 2 6 Labor 2 1 0 0 1 4 Employment Service 1 0 0 0 1 2 Vocational Rehabilitation 1 0 0 0 0 1 Public Assistance 0 1 0 0 0 1 Elder Affairs 0 0 0 1 0 1 LEO's 1 1 1 1 1 5 Other 1 0 0 0 0 1 Total 26 13 8 7 7 61 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 Dade and Monroe Counties), of the parties hereto. i 5 96- 194 10. 11. 12. 13 14. 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 party's intent to withdraw no later than ninety (90) days before the end of the then current JTPA fiscal year, or Jobs and Education Partnership fiscal year after such time as JTPA funds may be consolidated into block grants and allocated to local areas through a JEP fiscal process. 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. 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. 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. 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. 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: Metro 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. 0 96- 194 k�-. WITNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: Deputy Clerk METROPOLITAN DADE COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY Armando Vidal, P.E.:-County Manager 7 96- 194 k, WITNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: City Clerk CITY OF MIAMI BY CESAR ODIO, City Manager Ar'NWVED AS TO FORM AND CORRECTNESS: CITY ATTORNEY. n, 8 96- 194 WITNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF HMALEAH BY City Clerk RAUL L. MARTINEZ Mayor 6 96- 194 ... _......... WITNESSES: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: City Clerk CITY OF MIAMI BEACH BY JOSE GARCIA-PEDROSA City Manager 10 96- 194 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MONROE COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS WITNESSES: BY I Deputy Clerk JAMES ROBERTS, County Administrator AOMr.REV/1-t 1 96- l94- 11 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members March 6, 1996 TO bf the City Commission DATE : FROM : Cesar RECOMMENDATION Continuation of the South SUBJECT : Florida Employment Training Consortium REFERENCES: (SFETC) FILE : ENCLOSURES: City Commission Meeting March 14, 1996 It is respectfully recommended that the City Commission adopt the attached Resolution approving the agreement to continue the entity known as the South Florida Employment and Training Consortium. BACKGROUND The Department of NET recommends ratification of the attached resolution, approving the attached inter -local agreement to continue the entity known as the South Florida Employment and Training Consortium (SFETC). The City of Miami, the City of Miami Beach, the City of Hialeah, Metropolitan Dade County and Monroe County currently operate under an inter -local agreement, creating the South Florida Employment and Training Consortium (SFETC). This currently structured agreement allows the Consortium to conduct programs on an area wide basis. It further provides for employment and training opportunities for the economically disadvantaged, unemployed, underemployed and others meeting the eligibility criteria for programs operated under this agreement. One of the primary purpose of the Consortium is to conduct programs under the Job Training Partnership Act of 1982 (JTPA). As you may be aware, the State of Florida has initiated a new Workforce Development System initiative. One feature of the new initiative is to coordinate State and Federally funded Job Programs under one State Advisory Board, to ensure ease of coordination. Enterprise Florida Jobs and Education Partnership Board has been designated the coordinating body. This board has additionally been given the responsibility to ensure coordination and implementation of the new jobs initiative at the local level. The Beacon Council was designated by the State Advisory Board as the local agency to coordinate and provide oversight during the initial planning stages. 96- 194 1 k_ 2 Continuation of the South Florida Employment Training Consortium (SFETC) March 6,1996 Page 2 A series of local Task Force Planning Meetings were convened by the Beacon Council to discuss the new Work Force System implementation for Dade and Monroe Counties. It was concluded that the best interest of the community would be served by the South Florida Employment and Training Consortium (SFETC) continuing to provide for the planning, review, funding, evaluation, and coordination of programs in the Dade and Monroe Counties area. The attached Consortium agreement confirms our desire to continue the currently structured inter -local agreement thru June 30, 1998. It includes, the new State Jobs initiative description and language, and it establishes the system for the development of the new Job and Education Partnership (JEP) Board. Attachment: Resolution 96- 194 kf