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HomeMy WebLinkAboutR-84-0062J-83-111i RESOLUTION NO. t7'1`r` "L i A F.ESC)LUTION AUTHORIZING- THE CITY MANAGER OF' THE CITY OF MIAMI TO EXECUTE AN AG,RITE1,11711T SUFSTAIITIALLY IN ACCORDANCE WITH THE TERMS AND CONDITIONS SET FORTH IN THE ATTACHEI' AGREEMENT WITH DADE COUNTY, MONROE COUNTY, TFIE CITY OF HIALEAH AND THE CITY OF MIAMI PEACH TO PARTICIPATE IN THE SOUTH FLORIDA EMPLOYMENT AND TRAINING; CONSORTIUM,; FURTHER, CONTINUING THE APPOINTMENT OF THE CITY NANA(,F.R TO SERVE AS THE REPRESENTATIVE FOR THE CITY OF MIAs -II TO SAID SOUTH FLORIDA EMPLOYMENT AND TPIIININ(; CONSORTIUN. WHEREAS, the City of Miami has been a member of the South Florida Employ- ment and Training Consortium (SFETC) since 1974; and WHEREAS, the existing agreement among the members of the SFETC expires on December 31, 1.983; and WHEREAS, the City of Miami wishes to continue its mecnhership in t}ie SFETC to participate in the local planning and implementation of federally funded em- ployment and training programs; and WHEREAS, the Board of the SFETC has adopted Resolution No. I1-13-83-10 approving a new Consortium agreement among Dade County, Monroe County, the City of Hialeah, the City of Miami Beach and the City of Miami to supplant the agree- ment entered into November 22, 1.978; acid WHEREAS, the new Consortium agreement shall take effect upon its proper execution by the designated officer of each member jurisdiction and shall expire on June 30, 1986; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement substantially in accordance with the terms and conditions set forth in the at- tached agreement with Metropolitan Dade County, Monroe County, the City of Hialeah and the City of Miami Beach. Section 2. The appointment of the City Manager as the representative of the City of Miami to the South Florida Employment and Training Consortium is hereby continued. PASSED AND ADOPTED this 1401 day of Januar , 1984. Maurice A.. Ferre ATTEST: M A Y O R C� _ C CITY COMMIS ON f� �.. ��. �l SI LPH G: ONGIE, CITY CLERK MEETING CF JAN 19 1984 RESOLU i lc,. 140. 84-62 REMARKS. PREPARED AND APPROVED BY: ROBERT F. CLARK, DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JJII • R. GARCIA-PEDROSA, CITY ATTORNEY ff -2- 84-62. ACREEMM UIS AWKWUSF, wade and entered into this day of , 19•,__ • by and among! Metropolitan Dade County, a political subdivision of the State of Florida. 73 W. Flagler Street Miami, Florida 33130 the City of Miami, A municipal corporation of the State of Florida. 3500 Pan American Drive Miami, Florida 33133 The City of flialsah, A municipal corporation of the State of Florida. 501 Palm Avenue gialeah. Florida 33011 The City of Miami Beach, ♦ municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach. Florida 33139 Monroe County. A political subdivision of _ the State of Florida. Courthouse Key West, Florida 33040 WHEREAS9 it is desirable to conduct programs on an areawide 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 that training and other services are organised and delivered in the most gffec., tivs and efficient manner; and ' i1HEitEAS. Metaropolitan Dads County. the City of Miami, the City of .81aleah. the City of Miami Basch and Monroe County. are•locaited in reasonable proximity to each other; and WHEREAS, all of Dade and Monroe Counties can be effectively served by a Consortium of the'type created by this agreement; and ' f WHEREAS, the signatories to this agreement believe that as a Consortium they can plan and operate a manpower 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, evaluations and coordination of programs in the Dade and Monroe Counties area, and to provide for the coordination of related ancillary manpower services; and WHEREAS, the Florida Interlocal Corporation 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 convenants, 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). 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 Miami Beach, the Board of County Commissioners of Dade and Monroe Counties), and shall supplant the existing agreement executed in 1978. -2- f 4. That the representatives to the Consortium from each member local government shall be either the chief elected official or the chief none-elected/appointed official of local government. Said non-elected/appointed official shall be designated by their respective legislative bodies. S. That 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; to receive grants, gifts, or other resources from any agency or agencies of the United States Govern- ment, 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 organisation. 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 and appropriate. e. To plan, implement, coordinate, review and evaluate programs; and to fund, monitor and audit projects which have been approved by the Con- sortium. f. To consult and retain experts and purchase or lease or other- wise provide for such services, supplies, materials, equipment and facilities as it deems necessary. -3- I 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 Employ - :Went 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 services. 6. That this agreement shall take effect upon its proper execution by the designated officer of each member jurisdiction's legislative bodies of Metropolitan Dade County, the City of Hialeah, the City of Miami Beach, the City of Miami and Monroe County, and shall expire on June 30, 1966. 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: I. Community input as to manpower training and employment needs within the area. 2. Statistical analysis of manpower training and employment needs within the area. 3. A current resource assessment, consisting of a statement of resources available to the parties hereto for the implementation of man- power 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 -4- 84-62. mi A 5. A statement of manpower training and employment 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 shall be approved by the Consortium and the .r Private Industry Council (PIC) of South Florida. c. To maintain a financial accounting system to account for r, 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 govern- mental units as may be required by Federal Regulations or the Consortium. e. To prepare appropriate reports for each member jurisdiction I'- . as required by the Consortium. S. That the Consortium has caused to be created a Private Industry Council in accord with the Act. 9. That this agreement may be amended from time to time 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 Board of County Commissioners of Dade and Monroe Counties)s 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 party's intent to withdraw no later than ninety (90) days before the end of the then current JTPA fiscal year: 84-6�:, b. That the withdrawing party shall not be released from any finan- cial 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 aball 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. That 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. 14. Each member jurisdiction of the Consortium agrees to contribute to SFETC liability incurred under this agreement as follows: 1. No liability will be paid by member jurisdiction unless ordered by court or other controlling body or unless otherwise agreed. • 2. Costs disallowed from contracts with SFETC Members will be paid by the SFETC Member involved. 3. Costs disallowed from contracts with Monroe County Service Providers will be paid by Monroe County on a 100% basis. 4. Costs disallowed from contracts with Dade County Service j Providers will be paid as follows: ' Each jurisdiction with the exception of Monroe '.County. will pay not leas than 4% (minimua share). Balance will be divided among Dade County jurisdictions receiving more than 4% of funds on a percentage of funds received basis using the fiscal year in which the liability was incurred to determine funds received. r 4- I S. Costs disallowed from staff errors gill be paid as follovat Monroe County will pay the but that represents the percentage of funds allocated to Monroe County Service Providers in relation to the total funds allocated to all the Service providers. Each remaining jurisdiction will pay not less than 4% (minimum _ *bare). _Balance will be divided among Dade County jurisdictions reoeiving sore than 42 of funds on a percentage of funds received basis using the fiscal year in which the liability was incurred to determine funds received. �� WITNESSES: Deputy Clerk WITNESSES: i� Cit . le k r� • • �. ----• - -- _� 1, � .'.`".�ii.�ilrY WITNESSES: City Clerk •_ WITNESSES: City Clerk WITNESSES: ATTEST: RALPH W. WHITE Clerk to the Board of Monroe County Comalissioners METRO! ATAN DADE COUNTY. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY M.R. STIERHEIMj County Manager CITY OF MIAMI 1 BY HOWARD GARY. Citv Manager '• CITY OF HIA'LEAH BY RAUL L. MARTINEZ, Mayor CITY OF MIAMI BEACH BY ROB. W. PARKINS. Citv Manager MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY KERMIT LEWIN, County Administrator 811-62. f si r CITY Or MIAMI• FLORIOA INTER -OFFICE MEMORANDUM To. Howard V. Gary City Manager i' _ FROM: Robert D. Krause Director Department of Human Resources oATE: December 16, 1983 PLE: SUBJECT. Proposed Resolution to approve Consortium Agreement. REFERENCES: ENCLOSURES: Two ( 2 ) it is recommended that the City Com- mission approve a Resolution author- izing the City Manager to execute an agreement substantially in accordance with the terms and conditions set forth in the attached agreement with Dade County, Monroe County, the City of Hialeah and the City of Miami Beach to participate in the South Florida Employment and Training Consortium; further, continuing the appointment of the City Manager to serve as the repre- sentative for the City of Miami to said Consortium per the attached Resolution. On February 4, 1974 the City Commission adopted Resolution No. 74- Ill approving a Consortium agreement with Dade and Monroe Counties and the Cities of Hialeah and Miami Beach establishing the South Florida Employment and Training Consortium (SFETC). This agree- ment was reached in order to provide a coordinated approach for the local implementation of CETA programs. On December 14, 1978 the City Commission adopted Resolution No. 78- 749 approving a new Consortium agreement to replace the previous one and to appoint the City Manager as the City's representative to the Consortium. This agreement is due to expire on December 31, 1983. On December 13, 1983 the Board of the SFETC adopted Resolution No. 12- 13-83-10 approving a new Consortium agreement to take effect upon its execution by the designated officer of each member jurisdiction. The expiration date of this new agreement is June 30, 1986. The new agreement provides for the existing Consortium of local govern- ments to continue the coordinated approach to local planning and im- plementation of federally funded employment, training and related pro- grams. These programs include those under the Job Training Partner- ship Act (JTPA), which replaced CETA, and programs for Cuban and Hai- tian Entrants. The new Consortium agreement includes a formula (see Agreement page 5, No. 14) for its members to contribute to the payment of any SFETC lia- bility. The formula is based on the percentage of funds received by 84-62. 0 4P r 40. Mr. Howard V. Gary Page 2 December 16, 1983 the Consortium members during the year(s) in which the liability is incurred. There is a minimum contribution of 4 per cent. The City of Miami usually receives from 30 to 35 per cent of the funding al- located to Consortium members. • RDK/FR/orr 84-62. -'