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RESOLUTION 92-20492 RESOLUTION NO. 92-20492 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR TO ENTER INTO A CONSORTIUM AGREEMENT WITH METROPOLITAN DADE COUNTY, MONROE COUNTY, CITY OF MIAMI AND CITY OF HIALEAH FOR THE PURPOSE OF CONTINUING THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM THROUGH THE PERIOD ENDING JUNE 30, 1995. WHEREAS, there is an existing Consortium Agreement, attached hereto as Attachment "A" , between the City of Miami Beach and Metropolitan Dade County, Monroe County, City of Miami and City of Hialeah, establishing the South Florida Employment and Training Consortium ("Consortium") for the period July 1 , 1990 through June 30, 1994 or when re-enacted by the membership, whichever occurs first; and, WHEREAS, the purpose of this Consortium is to continue to conduct programs on an area-wide basis under the Job Training Partnership Act of 1982 ("Act") as amended from time to time; and, WHEREAS, the Consortium has caused to be created a private industry council in accord with the Act and that council is known as the Private Industry Council of South Florida ("PIC") ; and, WHEREAS, the members of the Consortium are desirous of increasing the total allocation of seats to PIC, by increasing the Education seats and the total number of seats by one and allocating that seat to Metropolitan Dade County; and, WHEREAS, the existing liability for costs disallowed from staff errors provides for a complex, fluctuating formula; and, WHEREAS, the members of the (inn sort h um are desirous of providing for a simple non-fluctuating formula for liability; and, WHEREAS, besides changes to the duration of the Agreement, the above- mentioned changes are the only changes proposed to the Consortium Agreement; and, WHEREAS, in the past, the City Commission has designated the City Manager as their representative to the Consortium; and, WHEREAS, in order to provide for these changes, it proposed that a new Consortium Agreement, attached hereto as Attachment "B" , be entered into by each of the member jurisdictions, which new agreement shall supplant the existing agreement. NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission authorizes the Mayor to enter into the Consortium Agreement, attached hereto as Attachment "B" between the City of Miami Beach and Metropolitan Dade County, Monroe County City of Miami and City of Hialeah; and providing for the City Manager to be -Jesignat as the City's representative to the Consortium. i( PASSED and ADOPTED this 22nd day of April , 199' Attest by: YOR City Clerk Form Approved: 274C5-3''—^e' —City Attorney 0-v/ia___ PFL:me • AGSEQ ENT THIS AGREEMENT, made and entered into this // day of fYI -` , 1994 by and aro ng: Metropolitan Dade County, A political subdivision of the State of Florida. 111 N.W. First Street Miami, Florida 33128 The City of Miami, A municipal corporation of the State of Florida. 3500 Pan American Drive Miami, Florida 33133 The City of Hialeah, A municipal corporation of the State of Florida. 501 Palm Avenue Hialeah, Florida 33011 The City of Miami Beach, A municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach, Florida 33139 Nbnroe County, A political subdivision of the State of Florida. Courthouse Key West, Florida 33040 WHEREAS, it is desirable to conduct programs on an areawi de basis providing for eipl oyment and training opportunities for the economically disadvantaged, unerrpl oyed, undererrpl oyed or otherwise meeting the eligibility criteria of any program operated under this agreement 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 WHEREAS, all of Dade and Monroe Counties can be effectively served by a Consorti un of the type created by this agreement; and - 1 - • 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, evaluation, and coordination of programs in the Dade and Nbnroe Counties area, and to provide for the coordination of related ancillary manpower 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). 3. That this agreement shall be approved by the affirmative vote of the legislative body of each jurisdiction (i.e., the City Cammi ss i on of the City of Miami, the City Council of the City of Hialeah, the City Carmi ssi on of the City of Miami Beach, the Boards of County Commissioners of Dade and Nbnroe Counties), and shall supplant the existing agreement executed in 1990. 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. - 2 - 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; 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. 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 tens 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) affi rmati ve 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 deans 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 wi l l comprise the Office of the South Florida Employment and Training Consortium. The staff will be hi red pursuant to Dade County Employment Policies and Procedures and subject to the Dade County employee merit system. - 3 - • h. To provide for an annual audit of the Office of the South Florida Employment and Training Consortium by an independent auditor. i7 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, 1991, and shall expire on June 30, 1995 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 nether 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 plan for programs and projects within the Dade and Monroe Counties area which shall be based.upon the following: 1) Co muni ty 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 manpower 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 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 for funds received under the Act shall be approved by the Consortium and the Private Industry Council (PIC) of South Florida. - 4 - 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. 8. That the Consortium has caused to be created a private industry council in accord with the Act. This council, known as the Private Industry Council of South Florida, is a separate entity whose members shall be appointed by the Consorti un's member local governmental jurisdictions according to the following allocation of seats: Metropolitan City of City of City of Monroe Seat Designation Dade County Miami Hialeah Miami Beach County Total Private Sector 9 5 3 2 3 22 Economic Development 2 0 1 1 0 4 Community Based Organization 0 2 0 1 0 3 Education 3 1 0 0 0 4 Labor 1 0 0 0 0 1 Employment Service 1 0 0 0 0 1 Vocational Rehabilitation 0 0 1 0 0 1 Total 16 8 5 4 3 36 - 5 - 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 Iliad, The City Council of the City of Hialeah, the City Comm ss i on of the City of Miami Beach, the Boards of County Commissioners of Dade and Mbnroe 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 party's intent to withdraw no later than ninety (90) days before the end of the then current JTPA fiscal year. b. That 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 a 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. That each rrrber 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 frau contracts with SFETC hers will be paid by the SFETC h"Errt'er involved. - 6 - c. Costs disallowed frau 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. - 7 - 1 . • • • SFETC Agreement • April 22, 1992 Page -2- 2. Page 7, Paragraphs 14c, 14d, 14e. - Liability for disallowed costs. Current - Under the existing agreement, liability for disallowed costs is provided by a complicated fluctuating formula contained in three separate paragraphs. Proposal - It is proposed that the liability for disallowed costs be determined by a simple non-fluctuating formula and that minimum liability set at five (5%) percent. The City of Miami Beach's liability under the proposed change would be the minimum of five (5%) percent. Further, there has been no levies against Consortiums members for disallowed costs since the implementation of JTPA in 1983. In order to implement these changes, it is necessary for the legislative body of each jurisdiction to adopt the proposed Consortium Agreement; this agreement will then supplant the existing agreement executed in 1990. The proposed Consortium agreement containing these changes are attached as Attachment "B" . ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the attached resolution authorizing the Mayor to enter into an inter-local agreement with Metropolitan Dade County, Monroe County, City of Miami , and City of Hialeah for purposes of continuing the South Florida Employment and Training Consortium and further, to designate the City Manager as the City's representative to the Consortium. PFL:me o n ) >,, )), 1 fi # , ki ' Or) 0 .,‘„ t L, (1 CITY OF MIAMLE ,ACH 1!!!!]::::11 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 2Q1Z DATE: April 22, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Carlton' City Manager L L L SUBJECT: AN INTER-LOCAL AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, METRO- POLITAN DADE COUNTY, MONROE COUNTY, CITY OF MIAMI AND CITY OF HIALEAH FOR THE PURPOSE OF CONTINUING THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM THROUGH THE PERIOD JUNE 30, 1995 BACKGROUND On June 6, 1990, the City Commission of the City of Miami Beach adopted Resolution No. 90-19955 authorizing the Mayor to enter into an inter-local agreement with Metropolitan Dade County, the City of Miami , the City of Hialeah, and Monroe County for the purpose of continuing the South Florida Employment and Training Consortium, "Consortium" , for the period July 1 , 1990 through June 30, 1994 or when re-enacted by the membership, whichever occurs first. (See Attachment"A") The purpose of the Consortium is to conduct programs in Dade and Monroe counties under the Job Training Partnership Act of 1982 (JTPA) as amended from time to time. Accomplishment of this purpose is done in partnership with the Private Industry Council of South Florida (PIC) as required by JTPA. Under the existing agreement each of the member jurisdictions has equal authority in determining the policy and direction for services provided under JTPA. Further, the City Manager of the City of Miami Beach was designated by the City Commission to be their representative to the Consortium. After authorization of the existing agreement, it was been determined by the representatives to the Consortium that two (2) areas are in need of revision. These are: 1 . Page 5, Paragraph 8 - Allocation of seats on the PIC. Current - Under the existing agreement, the category for Education is allocated three (3) of the thirty five seats. It has been proposed by the PIC and agreed by the Consortium representatives that emphasis on education should be increased. Proposal - Increasing the allocation of seats to the private industry council, by increasing the number of Education seats and the total number of seats by one, and allocating that appointment to Metropolitan Dade County. The City of Miami Beach's allocation of PIC seats would remain unchanged; the City has an allocation of four (4) seats. 45 AGENDA JR _ ITEM DATE -221 2 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: M ETROPOL I TAN'N CODE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BARD OF COMITY COMMISSIONERS WITNESSES: 7`-i(" BY 114,12,4 -�.. Deputy Clerk JOA IN G. INO P.E. P.L.S. County Manager s _ g _ • THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIAMI WITNE ES• _AiVii, / ' " i ' BY ./61--t City Clerk CESAR ODI O, City Manager ;;_);.J;EY d - g - • TNIS AGREEMENT IS ENTERED INT ON BEHALF OF: CITY OF HIALEAH c----I�ITNESSES;c.,, i ''\' \ \ - , ,. / • ,,. (...._ ) . , . :,,... _._ f_ ...................... OF4.r Daniel F. DeLoach, City Clerk JULIO J. MARTINEZ, Acting Mayor - 10 - THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CIN OF MIAMI BEACH ATTEST: / (61L BY Richard E. Brown, City Clerk Se our Gelber, Mayor FORM APPROVED LEGAL DEPT. /92, Arr.-- 1.7y Date a//y - 11 - 1H I S AGREEMENT IS ENTERED IML ON BEHALF OF: MON ROE COUN Y, A FOL I T I CAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY CCMI SS I ONERS WITNESSES: ATTE DANNY LO ;. GE, CLERK BY Wilhelmina Harvey -- Mayor/Chairman xbix Rf x6b i De�ut�� erk � � n st DATE : June 29 , 1992 A mct'T►)As TO FORM .,_ 'moi �!E • � 1. ICS - 12 - RESOLUTION NO. 92-20492 _authorizing the Mayor to enter into a consortium agreement with Metropolitan Dade County, Monroe County, City of Miami and City of Hialeah for the purpose of continuing the South Florida Employment and Training Consortium through the period ending June 30, 1995.