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Resolution 047-1984 I ' RESOLUTION ID. 047-1984 A RESOLUTION OF 'mE COUNlY COMMISSION OF 'mE COUNIY OF M)NROE, FLORIDA, AillHORIZING AND DIRECTING EXEClITION OF SOUIH TIDRIDA EMPLOYMENT AND TRAINING CONSORTIUM AGREEMENT; AND DESIG- NATING 'mE COUNlY AIMINISTRATOR PS 'mE OFFICIAL COUNIY REPRESENTATIVE. WHEREAS, the Corrprehensi ve Fmp10ynent and Training Act has been replaced by the Job Training Partnership Act; and WHEREAS, the Com.ty of funroe desires to continue its participation in Federal Fmp10ynent and Training Programs; and WHEREAS, such participation has been on a consortium basis with Dade Com.ty and neighboring mmicipa1ities; and WHEREAS, the Com.ty of Monroe desires to continue said consortium relationship with the Cotmty of Dade and the Cities of Miami and Hialeah and Miami Beach; and WHEREAS, an appropriate rep1acerrEnt consortium agreerrEnt has been prepared and approved by the IIEIIlbers of the South Florida Fmp10ynent and Training Consortium, providing for an expiration date of Jm.e 30, 1986, but tenninab1e at will on specified conditions; subject to the ratification by the goveming bodies of the IIEIIJbers; and WHEREAS, the entry into said consortium agreerrEnt has been recorrmmded by the Com.ty Adrni.nistrator and approved by the Cotmty Attomey as to legal form and sufficiency; tnV, 'IHEREFORE, BE IT DULY RESOLVED BY 'mE OOUNlY CDMMISSION OF 'mE OOUNlY OF M)NROE, TIDRIDA, that the Com.ty Administrator and the Cotmty Clerk be and they are hereby authorized and directed to execute the said agreerrEIlt in the narre of and on behalf of the Com.ty of M:m.roe. BE IT FURTHER RESOLVED BY 'mE COUNIY CCM1ISSION OF 'mE OOUNlY OF MJNROE, TIDRIDA, that the Com.ty Administrator be and he is hereby designated as the official and duly authorized representative of the Com.ty of MJnroe in said consortium. PASSED and AOOPIED this 24th day of February , 19.J!.L. . .. ~- ~ .C\~.aJ ...v.. ~",. - -" - '\. MAYOR ATIEST: DANNY L. KOLHAGE, ~lerk '; -\(~-~ MP~ 6 6 Clerk 2:: FORM A L SU~/C'ENC BY Attorney's Office O.Yy~!; ~R~~3~04~E (305) 294-4641 M E M 0 RAN DUM DATE: January 27, 1984 TO: Peter F. Webber CETA Liaison FROM: Lucien C. Proby, Jr. County Attorney RE: New Consortium Agreement BOARD OF COUNTY COMMISSIONERS Wilhelmina Harvey, District 1 Ed Swift, District 2 MAYOR Jerry Hernandez, District 3 Alison Fahrer, District 4 Mayor Pro tern Ken Sorensen, District 5 The new Consortium Agreement has been examined by this office and looks to be proper. ~ , LUCIEN C. PROBY, County Attorney LCPJr/brp / r:"", ~@K~. llilllijl ~ j i .~. f ; I LJ I . . ., , ~ ,! ;:-,,;J_ _.,' FES 11984 ! JulIl!ij~lJUtr& I , , AGREEMENT mIS AGREEMENT, ...de and entered into this _ day of 19 by and among: Metropolitan Dade County, a political aubdivi8ion 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 Tbe City of Hialeah. A municipal corporation of the State of Florida. 501 Palm. Avenue Hialeah, Florida 33011 . Tbe City of Miami Beach, A municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach, Florida 33139 Monroe County, A political aubdivision of the State of Florida. Courthouse Key West, Florida 33040 WHEREAS, ~t is desirable to conduct programs on an areawide basis providing for employment and training opportunities for the economically diaadvantaged, unemployed, underemployed ~r otherwise.meeting the eligibility criteria of any program operated under this ~greement and to assure that training and other aervices are organized and delivered in the DOst effec- tive aDd efficient ..uner; and 1imEtlEAs, Ket~opolitan Dade .county, the City of Miami, the City of Blaleah, the City of Miami Beach and Monro'! County, are loc~ted in reasonable proxiJa1ty to each other; and WHEREAS, all of Dade and Monroe Counties can be effectively aerved by a Consortium of the type created by this agreement; and Ln~KLAs, 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 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 ~er~orm 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 Co~issioners of Dade and Monroe Counties), and shall supplant the existing agreement executed in 1978. -2- 1at 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-el~cted/appointed official shall be designated by their respective legislative booies. 5. 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 organization. c. To, by four (4) affirmative votes of its member, 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 r~tain experts and purchase or lease or other- wise provide for such services, supplies, materials, equipment and facilities as it deems necessary. -3- ,- o appoint and remove an Executive Director .hall serve directly or through contract with a.member jurisdiction appropriate staff at the, will of the majority of the Consortium. Said Director shall employ personnel who will comprise the Office of the South Florida Employment and Training Consortium. The staff will be hired pursuant to Dade County Employ- ;~ent 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. services.. i. To provide either directly or through contract for legal the designated officer of each member jurisdiction's legislative bodies of 6. That this agreement shall take effect Upon its proper execution by 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. 1986. 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. Community input as to manpower training and employment needs within'the area. needs within the area. 2. Statistical analysis of manpower training and employment power programming, and a statement of the manner in which these resources of resources available to the parties hereto for the implementation of man- . 3. A current resource assessment, consisting of a statement are being or are to be allocated. 4. An assessment of priorities within the area -4- 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 ~ubject 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 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 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 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 Board 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. -5- . ( b. That the withdrawing party shall not be released from any f~nan- 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 pf the Consortium shall 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 Providers will be paid as follows: ~ Each jurisdicti~n 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. -6- I ' j. 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 Cou~ty 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. -7- WITNESSES: Deputy Clerk WITNESSES: City Clerk WITNESSES: City Clerk WITNESSES: City Clerk WITNESSES: ATTEST: DANNY KOLHAGE Clerk to the Board of Monroe County Commissioners METROPOLITAN DADE COUNTY. A POLITICAL SUBDIVISION OF THE STATE OF FLc BY ITS BOARD OF COUNTY COMMISSIONERS BY M.R. STIERHEIM, County Manager CITY OF MIAMI BY HOWARD GARY, City Manager CITY OF HIALEAH BY RAUL L. MARTINEZ, Mayor CITY OF MIAMI BEACH BY ROB. W. PARKINS, City Manager MONROE COUNTY. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY KERMIT LEWIN, County Administrator ::1SOLDTlOll JOOER 1 2 -13 -Fl3 -1 0 RESOLU'I'ION APPROVING A NEW CONSORTIUM AGREEMENT SURJEcT TO THE AFFIRMATIVE VOTE OF THE LEGIS- UTIVE .BODY OF EACH JURISDICTION . mrnTU, ~ loath nod" 1IIp1o,.erat ad rrailWll CollaorUua has '-eD duly atIloriaH t.o ~ t.M lelialaUft aDd aenthe provisions ef a CCIIIpreJaadft _lOJ11eDt ad rrailWa& Act ,rolr_ for Dau ad ~ol1roe CouDUu, nod", iD accorduee with t.M Couorti_ AlreeMl1t of ...-er 22, 1971; ad ~ ~ Ulnl'AS, t.M Couorti.. dealre. t.o acc.pU.h the purpoaes out- liDed iD tlae -.orad.- fr_ the benU.. Direct.A>>r, a copy of which is attached to W. reao1uUOD, for the re.aolla .eliDe.ted thereiD: P, nwu:;tUKE, BE IT IESOLVED IT DE soum I'LORIDA Em'LOYm:NT MID DADIlG CXllSORTIlIf that the CoDaorti_ Ioard approve a new Collaonium Agreement aubject to the affirmative vote of the legillative body of .ach jurisdiction. DE forezoiDI rea01ution ..a offered by Robert Parkins the npreaentathe of City of Miami Beach ,who ~ved ita adoption. The ~tiOD ..a ..cODded by Peter Webber , t.be repreautative of ~ -Monroe County ae! upoD beiDI put to . YOte v.a .a followa: City of lfiam YES City of lSiuai Ie.ch YES Dade County YES ISonroe County YES Cit} of Hialeah YES tIE Cbir, thereupoll, "claree! the rea01utiOA duly p.nee! ad ecIoptee! W. ~ 48y of . December , 1983. SOUTH noRIDA DfPLOnsEXT AJm DAIRDlG CX>>iSORTIlIS