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Resolution 063-1987 R. Michael Managan Liaison Officer S.F.E.T.C. RESOLUTION NO. 063 -1987 A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN MONROE COUNTY AND THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor and Chairman of the Board to execute an Agreement by and between Monroe County and the South Florida Employment and Training Consortium, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of January, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, (SEAL) A DANNY L. KOLHAGE, Clerk ttest: / ~ /I~'? It:') .1/ · ~.k~.j)/, _.-.-~-- J,'.," • AGREEMENT THIS AGREEMENT, made and entered into this day of , 191P by and among: 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 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 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 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 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 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 Monroe Counties area, and to provide for the coordination of related ancillary manpower services; and • WHEREAS, the Florida Irterlocal 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 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 the City of Miami Beach, the Boards of County Commissioners of Dade and Monroe Counties), and shall supplant the existing agreement executed in 1984. 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 govern- ment. 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 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 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 deems 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 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 Employment 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, T990 or.whenre-enacted by:the membership, whichever first occurs 7$ j . 7. That the: South Florida Employment and Training Consortium-staff shall-perform the follow- - ing and other duties as delegated by the Consortium: . - a. .To preparean annual plan for programs and projects within the Dade and Monroe Counties. area which shall be based upon the."following: . - 1) 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 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 (Plc) 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. -'4 _ " • 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. , • 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 Boards of County Commissioners of Dade and Monroe 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 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. - - - 5. b. - Costs disallowed from contracts with SFETC Members will be paid by the SFETC Member involved. c. Costs disallowed from 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 Monroe 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 disallowed from staff errors will be paid as follows: Monroe= County will pay the sum 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 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. f. In the event that a new political jurisdiction enters into this Consortium, liabil- ity to said new political jurisdiction will be prorated proportionately according to the total number of jurisdictions which then comprise the Consortium.. . METROPOLITAN DADE COUNTY, • A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD 'OF COUNTY COMMISSIONERS WITNESSES: . BY Deputy Clerk SERGIO PEREIRA, County Manager CITY OF MIAMi WITNESSES: • BY City Clerk CESAR ODIO, City Manager CITY OF HIALEAH WITNESSES: • BY City Clerk RAUL L. MARTINEZ, Mayor CITY OF MIAMI BEACH WITNESSES: BY City Clerk ROB. W. PARKINS, City Manager MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS WITNESSES: • ATTEST: BY Mayor/('ha rman