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RESOLUTION 90-19995 RESOLUTION NO. 90-19995 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF THE RENEWAL OF THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AGREEMENT. WHEREAS, the City of Miami Beach, at its June 4 , 1986 meeting, passed and adopted Resolution No. 86-18460, authorizing and directing the renewal of the South Florida Employment and Training Consortium Agreement, and designating the City Manager as official representative; and WHEREAS, the said Agreement expires June 30, 1990 ; and WHEREAS, the City of Miami Beach desires to continue its participation in State and Federal Employment and Training Programs and in said Consortium relationship with the Counties of Dade and Monroe and the Cities of Miami and Hialeah; and WHEREAS, an appropriate renewal Agreement has been prepared providing for an expiration date of June 30, 1994 , but terminable at will on specified conditions; subject to the ratification by the governing bodies of the members; and WHEREAS, the renewal of said Consortium Agreement has been recommended by the City Manager. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and the City Clerk be and they are hereby authorized and directed to execute the said Agreement in the name of and on behalf of the City of Miami Beach. ' • . .d ADOPTED this 6th day of June , 1990. c\\ df.E � AO! 4TrielPP ? ///.4 41Pr City ager ATTEST: Vice-Mayor FORM APPROVED City Clerk LEGAL DEPT. By Q"i' Date I 7/(üi# I Fear% `PM'►' BF4.,, FLORIDA 3 3 1 3 9 *i1NCORPi ORATED* _ "VA CA TIONLANL) U. S. A. 'ht4i OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 13, 90 DATE: June 6. 1990 TO: Mayor Alex Daou• • • Members of t• • ity Corn Issi• APP r�- FROM: Rob W. Pa ins ly 1 City Manage / . - SUBJECTa RESOLUTION AUTHORIZING AND DIRECTING EXECUTION OF THE RENEWAL OF THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM AGREEMENT BACKGROUND: The present Agreement, which provides for the continuation of joint area-wide planning, funding, review, evaluation and coordination of employment and training programs for the economically disadvantaged, under the Job Training Partnership Act of 1982, expires June 30, 1990. Though the City does not operate programs, continued participation will ensure that the City' s economically disadvantaged citizens in need of such services will be afforded employment and training opportunities. RECOMMENDATION: The Administration recommends continued membership in the Consortium, and, therefore, recommends approval of the renewal of the Consortium Agreement by the adoption of the subject Resolution, which expires June 30, 1994 . RWP:BCM:ae AGENDAf\ ITEM DATE " AGREDUI THIS AGREE ENT, made and entered into this 14th day of June , 1990 by and among: Mietropol i tan 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 Monroe County, A political subdivision of the State of Florida. Courthouse Key West, Florida 33040 WHEREAS, it is desirable to conduct programs on an areawide basis providing for employment and training opportunities for the econcmi cal l y disadvantaged, unesrpl oyed, under l 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 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 all of Dade and Monroe Counties can be effectively served by a Consortium 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 it is the feeling of the parties hereto that the interests of the community ty 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 manpower services; and 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 covenants, conditions, and prem i ses herein set forth, the parties agree as follows: 1. That the parties hereto do all nutua l ly 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 bas i s 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 Co Tmi ss i on of the City of Mimi, the City Council of the City of Hialeah, the City Camii ss i on of the City of Miami Beach, the Boards of County Corrmi ss i oners of Dade and Monroe Counties), and shall supplant the existing agreement executed in 1986. 4. That the representatives to the Cons ort i un from each member local government shall be either the chief elected official or the chief non-elected/appointed official of local govern- ment. Said non-el ected/appoi nted 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 forrs 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 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 deed 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 deers necessary. g. To appoint and remove an Executive Director who shall serve at the will of the maj or i ty of the Cons ort i um. Said D i rec for 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 f ipl oymen t and Training Consortium by an independent auditor. i. To provide either directly or through contract for legal service. - 3 - 6. That this agreement shall take effect 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, and shall expire on June 30, 1994 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. 7. That the South Florida Employment and Training Consortium staff shall perform the fol l ow- i ng and other duties as delegated by the Cons ort i um: a. To prepare an annual plan for programs and projects within the Dade and Monroe Counties area which shall be based upon the fol l ori ng: 1) Connun i 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 i npl ementati on of manpo►ser 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 under et within the year to which the arcual 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. 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 Consorti- um 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 meters shall be appointed by the Consortium's merrier 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 2 1 0 0 0 3 Labor 1 0 0 0 0 1 Employment Service 1 0 0 0 0 1 Vocational Rehabilitation 0 0 1 0 0 1 Total 15 8 5 4 3 35 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 Nbnroe Counties), of the parties hereto. - 5 - 10. That any party hereto shall have the right to withdraw from this agreement upon the following conditions: a. That the Cons ort i um 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 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 Mergers will be paid by the SFETC Member involved. - 6 - c. Costs disallowed f ran contracts with Monroe County Service Providers will be paid by Monroe County on a 100% basis. d. Costs disallowed from contracts with Dade County Service Providers will be paid as follows: Each jurisdiction with the exception of M nroe County, will pay not less than 4% (minimum 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. e. Costs d i sa l l owed from staff errors will be paid as f of l ows: Monroe County will pay the sun that represents the percentage of funds allocated to Monroe County Service Providers in relation to the total funds a l l ocated to a l l the Service Providers. Each resa i ni ng jurisdiction will pay not less than 4% (minirrunshare). Balance wi l l 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. f. In the event that a new political jurisdiction enters into this Consortium, liabil- ity iabil- ity to said new political jurisdiction will be prorated proportionately according to the total number of jurisdictions which then comprise the Consortium. _ 7 _ THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: METROPOLITAN DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BSD OF COUNTY CMI SS IONERS WITNESSES: BY , 1 zlek,4 47) Deputy Clerk JOAQUIN G. AVINO, P.E., P.L.S., County Manager _ g _ THIS AGREEterT IS ENTERED INTO ON BEHALF OF: • CITY OF MIAMI WITNESSES: e � BY City Clerk CESAR ODIO, City Manager APPROVED AS TO,FORM AND CORRECTNESS. JORGE • FERNANDEZ 1.1.t1- City Attorney, City of Miami _ g _ THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF HIALEAH WITNESSES: �►-►•.�. A BY . z .e: City Clerk JULIO J. MARTINEZ, ACTING MAYOR - 10 - THIS AGREEMENT IS ENTERED INTO ON BB-ALF OF: CITY OF MIAMI BEACH WITNESSES: 6ate_, BY '1111FAIWO". City Clerk William E. harkett, Vice-Mayor � � s B Y � -•r-/�•�• Rob Ciu , Manager - 11 - ... MME MTV, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BGARD OF COUNTY CCWISSIDIERS ..„. __,-,- .... - .----.--, clerk D2.,.I.Tii .,. -. .F...1.. .L.s .... A...t..-,., ..,. WITNESSES: ,. 4..... 411P/. , i // - fit:,.44:—,....,.,.......4-,..1.,..• -1"-- 1*-"7 ,.., , ....* BY Deputy Clerk John Stormont - Mavor/Chairman , DATE: JUNE 20, 1990 t-'4PPPOVED AS -_." renii' AN r, (If Attornoy's 0,7iro. - 12 7 __ ,... THIS AGREEMENT IS ENTERED INTO ON BE}-ALF OF: MON20E COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY CQVIISSIONERS WITNESSES: BY Deputy Clerk THCHIS W. BROWN, County Administrator FORM APPROVED LEGAL DEPT. By Date Ste'30- 5cJ - 12 - RESOLUTION NUMBER 04-19-90-06 RESOLUTION APPROVING REVISED CONSORTIUM AGREEMENT WHEREAS, the South Florida Employment and Training Consortium has been duly authorized to carry-out the legislative and executiverov i s i ons of Refugee gee Assistance the Act of 1980 for Dade and Monroe Counties, Florida, in accordance with the Consortium Agreement of July 1, 1986; and WHEREAS, the Consortium desires to accomplish the purposes outlined in the memorandum from the Executive Director, a copy of which is attached to this resolution, for the reasons delineated therein: NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM that the Consortium Board approves the revised Consortium Agreement for the period 7/1/90 - 6/30/94. THE foregoing resolution was offered by , the representative of , who moved its adoption. The motion was seconded by , the representative of and upon being put to a vote was as follows: City of Miami City of Miami Beach Dade County Monroe County City of Hialeah THE Chair, thereupon, declared the resolution duly passed and adopted this 19th day of April , 1990. SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM BY: Joseph Alfano Executive Director 01.68. 15p ORIGINLL RESOLUTION NO. 90-19995 Authorizing and directing execution of the. renewal of the South Florida Employment and Training Consortium Agreement.