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HomeMy WebLinkAboutItem #40 - First Reading Ordinance3-88-70 1/12/88 ORDINANCE NO. AN ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM - 1988/JTPA II-B", APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $931,120 FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; AUTHORIZING THE CITY MANAGER TO ACCEPT THE GRANT AWARD FROM THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AND TO ENTER INTO THE NECESSARY CONTRACT(S) AND/OR AGREEMENT(S) FOR THE ACCEPTANCE OF THE GRANT; CONTAINING A REPEALER PROVISIONAND A SEVERABILITY CLAUSE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The following Special Revenue Fund is hereby established and resources and hereby appropriated as described herein: FUND TITLE: SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM - 1988/ JTPA II-B RESOURCES: THE SOUTH FLORIDA EMPLOYMENT $931,120 AND TRAINING CONSORTIUM APPROPRIATION: SUMMER YOUTH EMPLOYMENT AND $931,120 TRAINING PROGRAM - 1988/JTPA II-B Section 2. The City Manager is hereby authorized to accept the grant as set forth in the preamble of this ordinance and O negotiate the necessary contract (s) to carry out the Summer Youth Employment and Training Program - 1988/JTPA II-B. i Section 3. The herein authorization shall remain valid and outstanding even if the anticipated grant award is reduced or increased. Section 4. All ordinance or parts of ordinances insofar as they are in conflict with the provisions of this ordinance are �. hereby repealed. i Section 5. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the 1 remaining provisions of this ordinance shall not be affected. a Section 6. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED ON FIRST READING BY TITLE only this 14th day of _Tan tarn —1 1988. PASSED AND ADOPTED ON SECOND READING BY TITLE only this day of , 1988. XAVIER L. SUAREZ M A Y O R ATTEST: MATTY HIRAI, CITY CLERK FINANCIAL REVIEW: /5� CARLOS E. GARCIA, DIRECTOR FINANCE DEPARTMENT BUDGET REVIEW: FRANK MAY, ACTING DIRECTOR DEPARTMENT OF MANAGEMENT AND BUDGET PREPARED AND APPROVED BY: APPR ED:'AS TO FORM AND CORRECTNESS: ROBERT F. CLARK UC A A.. OUGHERTY CHIEF DEPUTY CITY ATTORNEY CITY ATTORNEY -2- iow BTTOR r Y AT LAwER ROOM D. KORNM ,1 eN i t. 1989 COM N OF M AMI KINS CA January 13, 1988 Cesar H. Odio, City Manager City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: J'dTPA P.L. 97-404, Title II, Part B Section 254 (b) a (c) - DRUG TESTING Dear Mr. Odio: 4"s Was? raASLIO t*men WON" 200 maw /LOOM. » 1 s+ MCPHOW 1 S1 ass 2w1 Enclosed is a copy of the legal opinion received this date from the State of Florida pertaining to Drug Testing of Summer Youth. This opinion was requested by you in a letter dated July 7, 1987 because of the questions raised in this regard at the May 14, 1987 City Commission meeting (agenda items 35, 36 and 37). If I may be of service, please call me. Very truly yours, Robert D. Korner RDK:dls Enclosures cc: Joseph Alfano, Executive Director SFETC Consortium Members Liaison Members Lucia A. Dougherty, City Attorney Luciano Isla, PIC General Counsel east..$ STATE OF FLORID DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY 1.1 GAL OFFICE INTER—OFFICF MEMORANDUM DATE: January 41 1988 TO: Shelton Kemp, Chief - Rureau of Job Training FROM: Carolyn Cummings, Attorney - Office of Legal Services C G SUBJECT: Drug Testing of Summer Youth - Legal Opinion This is in response to the issue of whether a Service Delivery Area (SDA) may properly exclude summer youth participants that fail drug tests. Any SDA that is considering the employment of .drug tests should be made aware that the State, as the administrative entity, will not sanction or prohibit this action because Florida Courts nor Federal Courts have addressed this issue for Job Training Partnership Act (JTPA) purposes. Clearly, under State law, a private employer is not prohibited from testing employees, but here the involvement of federal dollars renders the situation unclear from a legal standpoint. The Legal Office agrees that this type exclusion from JTPA participation could very well result in disallowed costs, sanctions, or both, but the State cannot bind itself or any SDA where the law is unclear. The SDA's should also be aware that there are some federal and state cases that have considered drug addiction, aids, and alcoholism as handicapps pursuant to Chapter 760, Florida Statutes, and the 1973 Rehabilitation Act. Therefore, excluding a person because of drug use could very well be held to violate State and Federal law as a discriminatory practice. it further appears that drug testing of summer youth would not promote any of the purposes or goals of JTPA. In fact, since Part A of. Title II at Section 203(2) specifically provides that addicts may be served, it is arguable that this is a strong indication that Congress did not intend to exclude addicts or drug users under J.I. 3� LW r 1U 4r . 1 , i.`�t;��7 Blit: The Montgomery Building, Sidtr 131.?.562 Ex(K,uti%e Center Circle, rmt — TaUahaaen, Florida 32301 w � Shelton Kemp Page 2 January 4, 1988 Part P of the same title. However, this statement is merely my opinion after a careful review of the Act and supporting regulations and is not meant to be a definitive position. If you have further questions, please feel free to call Dan Turnbull at 488-6705. CC:lcs C" OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO. The Honorable Mayor and Members of the City Commission FROM Cesar H. Od City Manager RECOMMENDATION: GATE: -0 :. •. FILE v 14 J SUBJECT. ordinance Establishing the Summer Youth Employment and Training REFERENCES: Program 1988/JTPA II-B ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached ordinance establishing a new special revenue fund entitled "Summer Youth Employment and Training Program 1986/JTPA II -Fs" and appropriating funds for this program in the amount of $931,120 from the South Florida Employment and Training Consortium. BACKGROUND: The Department of Community Development has been notified by the South Florida Employment and Training Consortium (SFETC) that the City of Miami is eligible for funding in late January, 1988 for the FY 1988 Summer Youth Employment and Training Program (SYETP). The program will operate from February 1, 1988 through September 30, 1988. The level of funding that will be made available to the SFETC for the 1988 SYETP is not known at this time. Allocation figures are not likely to be issued to the SFETC until mid to late February. However, SFETC will be awarding initial allocations in late January subject to subsequent adjustments when final allocations will be made. The City of Miami has operated a Summer Youth Employment and Training Program since 1976. Last year, the grant awarded to the City of $931,120 enabled 824 youth between the ages of 14 - 21 to receive meaningful work experience during the summer months. The City selected two subcontractors, Belafonte Tacolcy Center, Inc. and Youth Co -Op, Inc. to assist in enrolling and placing the FY 1987 SYETP participants. Belafonte Tacolcy Center, Inc. wi Prevention Component for in -school Northwestern Senior High, Charles Schools. This design provided guaranteed slot in future summer prI on attendance, behavior and/or echo, i i 1 :s responsible for the Drop -out youth identified as such at !Miami Drew and Brownsville Jr. High summer work experience and a )grams as a reward for improvement Lastic work to 413 youth. 4P Ow Ordinance Establishing the Summer Youth Employment and Training Program 1988/JTPA II-B Con't (2) Youth Co -Op, Inc. operated the traditional Work Experience Component of the City's SYETP program, which identified in -school youth at Miami Senior High School and out -of school youth. A total of 411 youth were served by this design. The community at large benefited from the FY 1987 SYETP. A total of fourteen parks throughout the City were sodded; five parks' facilities were painted, in addition to stumps at Hadley Park; five - hundred hydrants were painted; unclaimed bicycles were restored and donated to needy children in the community. In conclusion, the City was beautified and City Departments and Community Based Organizations were able to better serve City residents because of the added support provided by these youth. The SFETC is interested in ensuring an effective and timely start-up of the SYETP Program. Therefore, file reviews of previous year Drop- out Prevention participants and job matching for said participants have been scheduled to commence in February of 1988. The intent at this time is to identify, determine the eligibility and match to a suitable work experience position the applicants of the Drop -out Prevention Component first, and once that is completed, to do the same for the traditional Work Experience Component. To accomplish this objective, contracts will be effective on February 1, 1988, two months earlier than usual. This year's funding level will be based on the past year's performance data and the system wide needs and goals established by the Private Industry Council (PIC) and SFETC Boards. To be considered eligible for funding, the City of Miami was requested to submit a letter of intent by January 5, 1988. The Department of Community Development has recommended that the City continue subcontracting portions of the SYETP. Letters of interest have been requested from ten (10) potential subcontractors that could assist in enrolling and placing the FY 1988 SYETP participants. The Department will present recommendations for these subcontracts at the February City Commission meeting. The proposed ordinance authorizes the City Manager to accept an anticipated grant award of $931,120 and authorizes the City Manager to enter into agreement with the SFETC to operate the FY 1988 SYETP. Attachment r ��► 31CITY OF MIAMI. FWRIDA INTER -OFFICE MEMORANDUM TO. The Honorable Mayor and Members of the City Commission rotowCesar H. Od City Manager RECOMMENDATION: FILE. SUWIECT7 Ordinance Establishing the Summer Youth Employment and Training REFERENCES: Program 1988/JTPA II-B ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached ordinance establishing a new special revenue fund entitled "Summer Youth Employment and Training Program 1986/JTPA II-B" and appropriating funds for this program in the amount of $931,120 from the South Florida Employment and Training Consortium. BACKGROUND: The Department of Community Development has been notified by the South Florida Employment and Training Consortium (SFETC) that the City of Miami is eligible for funding in late January, 1988 for the FY 1988 Summer Youth Employment and Training Program (SYETP). The program will operate from February 1, 1988 through September 30, 1988. The level of funding that will be made available to the SFETC for the 1988 SYETP is not known at this time. Allocation figures are not likely to be issued to the SFETC until mid to late February. However, SFETC will be awarding initial allocations in late January subject to subsequent adjustments when final allocations will be made. The City of Miami has operated a Summer Youth Employment and Training Program since 1976. Last year, the grant awarded to the City of $931,12b enabled 824 youth between the ages of 14 - 21 to receive meaningful work experience during the summer months. The City selected two subcontractors, Belafonte Tacolcy Center, Inc. and Youth Co -Op, Inc. to assist in enrolling and placing the FY 1987 SYETP participants. Belafonte Tacolcy Center, Inc. was responsible for the Drop -out Prevention Component for in -school youth identified as such at Hiami Northwestern Senior High, Charles Drew and Brownsville Jr. High Schools. This design provided summer work experience and a guaranteed slot in future summer programs as a reward for improvement on attendance, behavior and/or scholastic work to 413 youth. 3) -1 Ordinance Establishing the Summer Youth Employment and Training Program 1988/JTPA II-B Con't (2) Youth Co -Op, Inc. operated the traditional Work Experience Component of the City's SYETP program, which identified in -school youth at Miami Senior High School and out -of school youth. A total of 411 youth were served by this design. The community at large benefited from the FY 1987 SYETP. A total of fourteen parks throughout the City were sodded; five parks' facilities were painted, in addition to stumps at Hadley Park; five - hundred hydrants were painted; unclaimed bicycles were restored and donated to needy children in the community. In conclusion, the City was beautified and City Departments and Community Based Organizations were able to better serve City residents because of the added support provided by these youth. The SFETC is interested in ensuring an effective and timely start-up of the SYETP Program. Therefore, file reviews of previous year Drop- out Prevention participants and job matching for said participants have been scheduled to commence in February of 1988. The intent at this time is to identify, determine the eligibility and match to a suitable work experience position the applicants of the Drop -out Prevention Component first, and once that is completed, to do the same for the traditional Work Experience Component. To accomplish this objective, contracts will be effective on February 1, 1988, two months earlier than usual. This year's funding level will be based on the past year's performance data and the system wide needs and goals established by the Private Industry Council (PIC) and SFETC Boards. To be considered eligible for funding,.. the City of Miami was requested tc submit a letter of intent by January 5, L988. The Department of Community Development has recommended that the City continue subcontracting portions of the SYETP. Letters of interest have been requested from ten (10) potential subcontractors that could assist in enrolling and.placing the FY 1988 SYETP participants. The Department will present recommendations for these subcontracts at the February City Commission meeting. The proposed ordinance authorizes the City Manager to accept an anticipated grant award of $931,120 and authorizes the City Manager to enter into agreement with the SFETC to operate the FY 1988 SYETP. Attachment f BERT D. KORNER rroRNEY AT uw ,M F6"&A• s«+MR.* h ie*r !OD ruxmb law » s� ROM O. KOP NO TtLEPNOW =%6" !A COMW MILLER DAWKINS qN of MIAMI January 13, 1988 Cesar H. Odio, City Manager City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: JTPA P.L. 97-404, Title II, Part B Section 254 (b) i (c) - DRUG TESTING Dear Mr. Odio: Enclosed is a copy of the legal opinion received this date from the State of Florida pertaining to Drug Testing of Summer Youth. dW This opinion was requested by you in a letter dated July 7, 1987 because of the questions raised in this regard at the May 14, 1987 City Commission tweeting (agenda items 35, 36 and 37). If I may be of service, please call are. Very truly yours, 5i3va-1 Robert D. Korner RDK :dls Enclosures ec: Joseph Alfano, Executive Director SFETC Consortium Members Liaison Members Lucia A. Dougherty, City Attorney Luciano Isla, PIC General Counsel , W �• � � tftb� � y i t ylp all % . STATE OF FLORMA DEPARTMENT OF LAROR AND EMPLOYMENT SECURITY LEGAL OFFICE INTER-OFFICF MEMORANDUM DATE: January 4, 1988 TO: Shelton Remp, Chief - Rureau of Job Training FROM: Carolyn Cummings, Attorney - Office of Legal Services C G SUBJECT: Drug Testing of Summer Youth - Legal Opinion This is in response to the issue of whether a Service Delivery Area (SDA) may properly -exclude summer youth participants that fail drug tests. Any SDA that is considering the employment of •.drug tests should be made aware that the State, as the administrative entity, will not sanction or prohibit this action because Florida Courts nor Federal Courts have addressed this issue for Job Training Partnership Act (JTPA) purposes. Clearly, under State law, a private employer is not prohibited from testing employees, but here the involvement of federal dollars renders the situation unclear from a legal standpoint. The Legal Office agrees that this type exclusion from JTPA participation could very well result in disallowed costs, sanctions, or both, but the State cannot bind itself or any SDA-where the law is unclear. The SDA's should also be aware that there are some federal and state cases that have considered drug addiction, aids, and alcoholism as handicapps pursuant to Chapter 760, Florida Statutes, and the 1973 Rehabilitation Act. Therefore, excluding a person because of drug use could very well be held to violate State and Federal law as a discriminatory practice. It further appears that drug testing of summer youth would not promote any of the purposes or goals of JTPA. In fact, since Part A of Title II at Section 203(2) specifically provides that addicts may be served, it is arguable that -this is a strong indication that Congress did not intend to exclude addicts or drug users under Bugs. •u The Mont gumery Building, Suite 131•:562 Executhe Center Circle, Ea%t — Tallahawcc Florida 32301 61 Shelton Kemp Page 2 January 4, 1988 Part P of the same title. However, this statement is merely my opinion after a careful review of the Act and supporting regulations and is not meant to be a definitive position. if you have further questions, please feel free to call Dan Turnbull at 488-6705. CC:lcs