2009-27184 ResoRESOLUTION NO. 2009-27184
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE
RELEASE AND DISBURSEMENT IN THE AMOUNT OF
$20,440.19 FROM THE MIAMI-DADE COUNTY TRUST
FUND NO. 643TSF/643001 TO THE CITY OF MIAMI
BEACH.
WHEREAS, on July 2, 2008 the former member jurisdiction of the State of
Florida Employment and Training Consortium ("SFETC") entered into a Settlement
Agreement with the State of Florida Agency For Workforce Innovation ("the Agency"),
and
WHEREAS, the Agency has certified that the Agency has received all of the sum
of $343,688.00 in disallowed costs pursuant to a Settlement Agreement by letter dated
October 21, 2008; and
WHEREAS, the staff of former member jurisdiction Miami-Dade County has
successfully obtained repayment of the disallowed costs associated with finding
CF2005-6 from all but one of the former service providers of the SFETC, to wit, Catholic
Charities of the Archdiocese of Miami, Inc., in the amount of $48,967.00; and
WHEREAS, the repayment of the aforesaid disallowed costs is the total sum of
$305,077.50; and
WHEREAS, the staff of former member jurisdiction Miami-Dade County
deposited the aforesaid sum of $305,077.50 in a special Miami-Dade County Trust Fund
No. 643TSF/643001; and
WHEREAS, this special Miami-Dade County Trust Fund No. 643TSF/643001
has earned interest in the amount of $10,816.87 as of July 2008; and
WHEREAS, the work of the staff of former member jurisdiction Miami-Dade
County to obtain repayment of the disallowed costs has been voluntary and
uncompensated by the other four former jurisdictions of the SFETC; and
WHEREAS, pursuant to 29 Code of Federal Regulations 97.2(1), all interest
earned in the repayment amount of $305,077.50 is required to be paid to the Agency;
and
WHEREAS, the Consortium Agreement, effective July 1, 2004 and expiring on
June 30, 2006 was silent concerning the allocation of the repayment amount of
$305,077.50 among the five former member jurisdictions of the SFETC and state and
federal law and regulations are silent as well; and
WHEREAS, on June 25, 2008, the Miami Beach City Commission passed
Resolution No.2008-286834 approving a settlement agreement between and among the
former members of the South Florida Employment and Training Consortium, and State
of Florida Agency for Workforce Innovation to AWI by all five former members of the
Consortium in accordance with the percentages listed above, and On July 28, 2008, the
City of Miami Beach paid $22,988.57 to AWI; and
WHEREAS, Miami-Dade County shall and is hereby authorized and directed to
release and disburse the principal amount of $305,077.50 from Miami-Dade County
Trust Fund No.643TSF/643001 in accordance with the percentages for financial liability
set forth in the aforesaid Consortium Agreement not later than forty-five (45) days after
the effective date of this Trust Fund Release And Disbursal Agreement as follows:
Miami Dade County 42.2% ($128,742.71)
City of Miami 33.3% ($101,590.81)
City of Hialeah 11.1 % ($33,863.60)
Monroe County 6.7% ($20,440.19)
City of Miami Beach 6.7% ($20,440.19)
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, approving and authorizing
the release and disbursement in the amount of $20,440.19 from the Miami-Dade County
Trust Fund No. 643TSF/643001 to the City of Miami Beach.
PASSED and ADOPTED this 9th
day of September, 2009.
ATTEST:
~~
Robert Parcher, CITY CLERK
Matti Herr ra B wer, MAY R
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~ FOR EXECUTION
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City Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Release And Disbursement In The Amount Of $20,440.19 From Miami-Dade County Trust
Fund No. 643tsf/643001 To The City Of Miami Beach .
Ke Intended Outcome Su ported:
Increase Access to Workforce or Affordable Housin
Supportinst Data (Survevs. Environmental Scan, etc.
Issue:
Shall the Cit Commission ado t the Resolution?
item summaryircecommenaation:
On July 1, 2004, Miami Dade County, Monroe County, the City of Miami, the City of Miami Beach and the
City of Hialeah entered into a Consortium Agreement which created the South Florida Employment and
Training Consortium. During a routine audit of federal funds awarded to the Consortium for its first year
ending June 30, 2005, the Consortium's independent auditor discovered a number of unjustified prepaid
transportation costs in the Consortium's Prepaid Transportation account. AWI rendered a decision
regarding the auditor's findings and in total, AWI identified $651,282.00 in undistributed and unjustified
cards that were considered disallowed costs and advised that this amount must be repaid to AWI using a
non-federal funding source.
In March 2006, the South Florida Employment and Training Consortium was dissolved and in its place the
South Florida Work Force Investment Board was created. Pursuant to the Inter-local Agreement currently in
place, the financial liability remains only with Miami Dade County and Monroe County, whereas, the five
former members were responsible for covering the AWI reimbursement for the undistributed transportation
cards. The staff of former member jurisdiction Miami-Dade County deposited the sum of $305,077.50 in a
special Miami-Dade County Trust Fund No. 643TSF/643001.
On June 25, 2008, the Miami Beach City Commission passed Resolution No.2008-286834 approving a
settlement agreement between and among the former members of the South Florida Employment and
Training Consortium, and State of Florida Agency for Workforce Innovation to AWI by all five former
members of the Consortium. On July 28, 2008, the City of Miami Beach paid $22,988.57 to AWI.
If this resolution is approved by all jurisdictions, Miami-Dade County shall and is hereby authorized and
directed to release and disburse the principal amount of $305,077.50 from Miami-Dade County Trust Fund
No.643TSF/643001 in accordance with the percentages for financial liability set forth in the aforesaid
Consortium Agreement no later than forty-five (45) days after the effective date of this Trust Fund Release
and Disbursal Agreement as follows: Miami Dade County 42.2% ($128,742.71);City of Miami, 33.3%
($101,590.81);City ofHialeah,11.1%($33,863.60); Monroe County, 6.7% ($20,440.19); and City of Miami
Beach, 6.7% ($20,440.19).
Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1 $20,440.19 540.1790.0000312
0 2
OBPI Total
Financial Impact Summa
City Clerk's Office Legislative Tracki
Sign-Offs:
Departmen ' e or Assistant Cit Mana er Ci Mana r
RI JMG
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~ MIAIVII6EA~H AGENDA ITEM C?DD
~ DATE - -O
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City C fission
FROM: Jorge M. Gonzalez, City Manager
DATE: September 9, 2009
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE RELEASE AND
DISBURSEMENT IN THE AMOUNT OF $20,440.19 FROM THE MIAMI-DADE
COUNTY TRUST FUND N0.643TSF/643001 TO THE CITY OF MIAMI BEACH.
RECOMMENDATION
It is recommended that the Mayor and City Commission authorize the execution of the
attached Trust Fund Release and Disbursal Agreement between and among the former
members of the South Florida Employment and Training Consortium (Consortium) of
which the City of Miami Beach was a member, and the State of Florida's Agency for
Workforce Innovation (AWI) on the terms and conditions set forth in the attached
Agreement. As a result, the City of Miami Beach will be reimbursed $20,440.19 from the
Miami-Dade County Trust Fund No. 643TSF/643001.
BACKGROUND
On July 1, 2004, Miami Dade County, Monroe County, the City of Miami, the City of
Miami Beach and the City of Hialeah entered into a Consortium Agreement which
created the South Florida Employment and Training Consortium. During a routine audit
of federal funds awarded to the Consortium for its first year ending June 30, 2005, the
Consortium's independent auditor discovered a number of unjustified prepaid
transportation costs in the Consortium's Prepaid Transportation account. These
unjustified transportation costs were related to the following three (3) programs under
the Consortium's jurisdiction: (1) WIA Adult Services, Youth Services, and Dislocated
Services; (2) Temporary Assistance for Needy Families; and (3) Refugee and Entrant
Assistance Program. These events took place under the previous administration that
managed the program with the predecessor regional workforce board and the
predecessor management team. The unjustified transportation costs in the Prepaid
Transportation Account were associated with undistributed and unjustified cards.
Undistributed transportation cards were actual cards at either the Consortium's
administrative office or that of its service providers.
In an attempt to promote more accountability and transparency, on August 1, 2005, the
Consortium changed from a prepayment system to a cost reimbursement system.
However, the Consortium still had a significant amount unjustified cards on its books.
Because some service providers were not submitting justification packets as requested,
the allow-ability of some transportation expenses could not be readily determined.
These undetermined amounts were considered questioned costs and were reported to
Commission Memorandum -Settlement Agreement with SFETC
September 9, 2009, Page 2 of 3
AWI. Subsequently, AWI rendered a decision regarding the auditor's findings and in
total, AWI identified $651,282.00 in undistributed and unjustified cards that were
considered disallowed costs and advised that this amount must be repaid to AWI using a
non-federal funding source.
In March 2006, the South Florida Employment and Training Consortium was dissolved
and in its place the South Florida Work Force Investment Board was created. The City
of Miami Beach has a representative which serves on this board, along with the four
other former members of the Consortium and 38 other members from the private and
public sector. Although the members of the South Florida Work Force Investment Board
are collectively responsible for decisions made by the Board, the financial liability rests
only with Miami Dade County and Monroe County pursuant to the Inter-local Agreement
currently in place. Even though the South Florida Employment and Training Consortium
is no longer in place, the five former members were responsible for covering the AWI
reimbursement for the undistributed transportation cards.
Upon review, AWI determined that the five former members of the Consortium had
justified $307,594.00 of the previously disallowed costs and as such, the amount due to
AWI was $343,688.00. Each of the five former members were responsible for covering
the amount as follows:
Miami Dade County 42.2% ($144,793.68)
City of Miami 33.3% ($114,448.10)
City of Hialeah 11.1 % ($38,149.36)
Monroe County 6.7% ($22,988.57)
City of Miami Beach 6.7% ($22,988.57)
On June 25, 2008, the Miami Beach City Commission passed Resolution No.2008-
286834 approving a settlement agreement between and among the former members of
the South Florida Employment and Training Consortium, and State of Florida Agency for
Workforce Innovation to AWI by all five former members of the Consortium in
accordance with the percentages listed above. On July 28, 2008, the City of Miami
Beach paid $22,988.57 to AWI.
Miami-Dade County has successfully obtained repayment of the disallowed costs from
all but one of the former service providers of the South Florida Employment and Training
Consortium, (Catholic Charities of the Archdiocese of Miami, Inc., in the amount of
$48,967.00). The repayment of the aforesaid disallowed costs totals $305,077.50. The
staff of former member jurisdiction Miami-Dade County deposited the aforesaid sum of
$305,077.50 in a special Miami-Dade County Trust Fund No. 643TSF/643001. Pursuant
to 29 Code of Federal Regulations 97.2(i), all interest earned in the repayment amount
of $305,077.50 is required to be paid to the AWI.
If this resolution is approved by all jurisdictions, Miami-Dade County shall and is hereby
authorized and directed to release and disburse the principal amount of $305,077.50
from Miami-Dade County Trust Fund No.643TSF/643001 in accordance with the
percentages for financial liability set forth in the aforesaid Consortium Agreement no
later than forty-five (45) days after the effective date of this Trust Fund Release and
Disbursal Agreement as follows:
Commission Memorandum -Settlement Agreement with SFETC
September 9, 2009, Page 3 of 3
Miami Dade County
City of Miami
City of Hialeah
Monroe County
City of Miami Beach
42.2% ($128,742.71)
33.3% ($101,590.81)
11.1% ($33,863.60)
6.7% ($20,440.19)
6.7% ($20,440.19)
In addition, if any of the five former member jurisdictions of the South Florida
Employment and Training Consortium, obtain or receive repayment of the sum of
$48,967.00 from Catholic Charities of the Archdiocese of Miami, Inc., or any portion
thereof, at any time, then the former member jurisdiction of the South Florida
Employment and Training Consortium, shall release and disburse the aforesaid of
$48,967.00, or any portion thereof, to the five former member jurisdictions of the SFETC
in accordance with the percentages referenced earlier, not later than sixty (60) days from
the date of receipt of the repayment.
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