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Item R6County of �nroe. BOARD OF COUNTY COMMISSIONERS 1�1 Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tern George Neugent, District 2 y Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting August 17, 2016 Agenda Item Summary # 1995 BULK ITEM: Yes DEPARTMENT: County Administrator TIME APPROXIMATE: STAFF CONTACT: Lindsey Ballard (305) 292-4443 N/A AGENDA ITEM WORDING: Approval of an Interlocal Agreement between Monroe County and Miami -Dade County creating the South Florida Workforce Investment Board for Region 23 of the State of Florida. ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: June 19, 2013: BOCC Approved Amendment to Existing Interlocal Agreement. February 15, 2006: BOCC Approved the Interlocal Agreement. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Renewal, Extension and 2nd Amendment Amendment to Existing Agreement Interlocal Agreement 02.15.2006 FINANCIAL IMPACT: Effective Date: July 1, 2016 Expiration Date: June 30, 2020 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: REVIEWED BY: Pedro Mercado Pending Kathy Peters Pending Board of County Commissioners Pending 08/17/2016 9:00 AM RENEWAL, EXTENSION AND SECOND AMENDMENT TO INTERLOCALAGREEMENT CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR WORKFORCE AREA 23 OF THE STATE OF FLORIDA WHEREAS, on March 7, 2006, the Miami -Dade County Board of County Commissioners ("Board") approved an Interlocal Agreement Between Miami -Dade County and Monroe County Creating the South Florida Workforce Investment Board for Region 23 of the State of Florida and the parties thereto subsequently executed such agreement; and WHEREAS, on February 2, 2013, the Board approved an Amendment to the Interlocal Agreement Creating the South Florida Workforce Investment Board for Region 23 of the State of Florida that, among other things, extended the operation of the South Florida Workforce Investment Board for Region 23 of the State of Florida until June 30, 2016 and the parties thereto subsequently executed such amended agreement ("Interlocal Agreement"); and WHEREAS, other amendments, including an additional extension of the Interlocal Agreement to June 30, 2019, are needed, NOW, THEREFORE, based on valuable consideration, this Renewal, Extension and Second Amendment to the Interlocal Agreement is made and entered into by and between the Chief Elected Official of Miami -Dade County, a political subdivision of the State of Florida, and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida, pursuant to the Florida Interlocal Cooperation Act, the Miami -Dade County Home Rule Charter, and applicable federal and state laws and regulations. In consideration of the covenants, conditions, mutual obligations and other good and valuable consideration, on AV4I(lf /70*71apl(v (date) the parties hereto agree as follows: ' Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. 1 In accordance with the Workforce Innovation and Opportunity Act of 2014, all references to "Region 23" are hereby stricken and replaced with "Area 23." 2. In accordance with the Workforce Innovation and Opportunity Act of 2014, all references to the "Workforce Investment Act of 1998" or "Workforce Investment" are hereby stricken and replaced with a reference to "Workforce Innovation and Opportunity Act of 2014." 3. In accordance with the Workforce Innovation and Opportunity Act of 2014, all references to "Local Workforce Investment Board for Region 23 of the State of Florida" are hereby stricken and replaced with "Local Workforce Development Board for Workforce Area 23 of the State of Florida." 4. In accordance with the Workforce Innovation and Opportunity Act of 2014, all references to "Local Workforce Investment Boards" are hereby stricken and replaced with "Local Workforce Development Boards" 5. In accordance with the Regional Workforce Board Accountability Act of 2012, all references to "Workforce Florida, Inc.," are hereby stricken and replaced with "CareerSource Florida." 6. Paragraph No. 6 of the Interlocal Agreement is hereby amended to read as follows: 6. This Interlocal Agreement shall become effective on March 1, 2006, after its execution by the Chief Elected Officials of Miami -Dade County and Monroe County and shall expire on June 30, [[204-6j]>>2020<<. Both Chief Elected Officials have been duly authorized by their respective governing bodies, the Board of County Commissioner of Miami -Dade County and the Board of County Commissioners of Monroe County, to 2 execute this Interlocal Agreement for and on behalf of Miami -Dade County and Monroe County, respectively. 7. This Second Amendment to the Interlocal Agreement Creating the South Florida Workforce Investment Board for Workforce Area 23 of the State of Florida became effective retroactively as of July 1, 2016. 8. Other than those provisions amended hereby, the remaining unchanged provisions of the Interlocal Agreement are in effect and remain unchanged. [SIGNATURES APPEAR ON FOLLOWING PAGE] IN WITNESS HEREOF, the parties have executed this Renewal, Extension and Second Amendment to Interlocal Agreement Creating the South Florida Workforce Investment Board of Workforce Area 23 of the State of Florida.as of the date first written above. MIAMI-DADE COUNTY MONROE COUNTY By: 7By: Carlos A. imene2 Heather Carruthers Mayor Mayor ATTEST ATTEST By: By: Deputy Clerk Deputy Clerk Approved for form and legal sufficiency By: Assistant ounty ttorney Approved for form and legal sufficiency Approved Mayor Agenda Item No. Veto Override RESOLUTION NO. RESOLUTION RETROACTIVELY APPROVING AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR'S DESIGNEE TO EXECUTE THE RENEWAL, EXTENSION AND SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND MONROE COUNTY THAT CREATED THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA; RATIFYING CERTAIN BOARD ACTIONS; RENEWING AND EXTENDING THE BOARD UNTIL SPECIFIED DATE, UPDATING TERMINOLOGY RELATED TO THE BOARD, INCLUDING RENAMING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA TO THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR WORKFORCE AREA 23 OF THE STATE OF FLORIDA WHEREAS, this Board desires to accomplish the purposes set forth in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board: Section 1. Approves retroactively the Renewal, Extension, and Second Amendment to the interlocal agreement between Miami -Dade County and Monroe County that created the South Florida Workforce Investment Board for Region 23 of the State of Florida ("Second Amended Interlocal"), in substantially the form attached to this resolution, which includes but is not limited to updating terminology, including renaming the South Florida Workforce Investment Board for Region 23 of the State of Florida the South Florida Workforce Investment Board for Area 23 of the State of Florida ("Workforce Board"). This Board further approves the renewal and extension of the Workforce Board from July 1, 2016 through June 30, 2020. Agenda Item No. Page No. 2 Section 2. Authorizes the Mayor of Miami -Dade County to execute the Second Amended Interlocal, in substantially the form attached hereto and incorporated herein by reference. Section 3. By approving the Second Amended Interlocal, ratifies any actions taken after the expiration of the term of the first amended Interlocal Agreement on June 30, 2016 and before the effective date of the Second Amended Interlocal. The foregoing was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Jean Monestime, Chairman Esteban L. Bovo, Jr., Vice Chairman Bruno A. Barreiro Daniella Levine Cava Jose "Pepe" Diaz Audrey M. Edmonson Sally A. Heyman Barbara J. Jordan Dennis C. Moss Rebeca Sosa Sen. Javier D. Souto Xavier L. Suarez Juan C. Zapata The Chairperson thereupon declared the resolution duly passed and adopted this day of July, 2016. This resolution shall become effective upon the earlier of (1) 10 days after the date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon an override by this Board, or (2) approval by the County Mayor of this Resolution and the filing of this approval with the Clerk of the Board. MIAMI-DARE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Agenda Item No. Page No. 3 Deputy Clerk Approved by County Attorney as to form and legal sufficiency. Shanika A. Graves MEMORANDUM Agenda Item No. IO(A)(1) TO: Honorable Chairwoman Rebeca Sosa DATE: February 5, 2013 and Members, Board of County Commissioners FROM: R. A. Cuevas, Jr. County Attorney SUBJECT: Resolution approving Amendments to the Interlocal Agreement with Monroe County creating the South Florida Workforce Investment Board for Region 23 Resolution No. R-95-13 This item was amended from the original version as stated in the County Mayor's memorandum. The accompanying resolution was prepared by the South Florida Workforce and placed on the agenda at the request of Prime Sponsor the Economic Development & Social Services Committee. RAC/smm ?R.. Cuevas, Jr. Y County Attorney 1 Date: To: From: Subject: AM Memorandum 202 February 5, 2013 Supplement to Honorable Chairwoman Rebeca Sosa Agenda Item No. and Members, Board of Count ssioners 10 ( A )1 Carlos A. Gimenez Mayor Supplemental Information on the Rution Amending the Interlocal Agreement that Created the South Florida Work1bree Investment Board for Region 23 and Extending the Term of the Agreement This supplemental report serves to clarify that Monroe County previously approved the Interlocal Agreement in October of 2012, but has since withdrawn their approval until Miami -Dade County has completed its approval process. Monroe County will consider the amended Interlocal Agreement after it has been approved by the Miami -Dade County Board of County Commissioners. Russell Benford, Deputy Mayor Memorandum �m Date: February 5, 2013 To: Honorable Chairwoman Rebeca Sosa and Members, Board of County Co loners From: Carlos A. Gimenez Mayor em Subject: Resolution Amending the Interlocal Bent that Created the South Florida Workforce Investment Board for Regi 23 and Extending the Term of the Agreement This item has been amended to reflect the change made at the January 16, 2013 Economic Development and Social Services Committee meeting. Specifically, to include Resolution No. R-31546 as an attachment. Recommendation The accompanying resolution is being placed before the Board of County Commissioners (Board) at the request of the South Florida Workforce Investment Board (SFWIB). This item approves (a) the Amendments to the Interlocal Agreement with Monroe County that created the South Florida Workforce Investment Board (SFWIB) for Region 23; (b) extends the term of the current Interlocal Agreement through June 30, 2016, and; (c) fulfills the requirements of the Workforce Investment Act section 117(c) (1) (B) to have an executed agreement between the Chief Elected Officials for the workforce region. The interlocal Agreement expired on June 30, 2012. Approval of the attached Resolution and Agreement will extend the term of the current interlocal Agreement through and including June 30, 2016. Additionally, the amendments are included in the accompanying attachment from the Executive Director of South Florida Workforce which was approved by Monroe County October 2012. scope The impact of this Interlocal Agreement is countywide. Fiscal Impact/Funding Source Adoption of this Resolution does not create an additional fiscal Impact to the County. Track Record/Monitor Rick Beasley, Executive Director of South Florida Workforce will monitor this agreement. Background The proposed amendments will revise the language within the original agreement. All references to Miami -Dade County Manager have been replaced with Chief Elected Official of Miami -Dade County. Further amendments, are required to delete language pertaining to the County's procurement policies and to include the newly established SFW1B procurement policies. Additionally this item will extend the term of four years, to expire on June 30, 2016, On March 7, 2006, the Board adopted Resolution No. R-315-06 (see attached) which approved an Intedocal Agreement between the chief elected officials of Miami -Dade and Monroe counties which created the SFWIB and the current administrative structure. iN Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners Page No. 2 The revamped committee structure now includes: the SFWIB Finance, Intergovernmental Affairs, Economic Development, Executive and Workforce Systems Improvement Committees. As a result of these improvements, Workforce Region 23 has been fully chartered by the state's Workforce Board of Directors for the first time since 2002. The SFWIB developed and presented their two-year local Workforce Services Plan for review and approval by the state. The Workforce Service Plan is required under Title I of the Workforce Investment Act, including Job Corps, Wagner-Peyser Act, Veteran, Migrant and Seasonal Farm Worker, and Trade Adjustment Assistance. The Workforce Services Plan also includes the Welfare Transition /Temporary Assistant to Needy Family and the Food Stamp Employment and Training Programs. The development of the local Workforce Services Plan is critical to having a comprehensive plan consistent with the 2007-2009 State Workforce Investment Plan that will be submitted to the United States Department of Labor. For the first time since enactment of the federal Workforce Investment Act of 1998, the proposed Workforce Services Plan was accepted and approved without any conditions attached. The SFWIB has also made considerable investments in Miami -Dade County. During fiscal year 2011-2012, every dollar invested to training jobseekers, provided an average return on investment of $3.44 and an economic benefit of $25,177 per placement back to the community. Moreover, approximately 57,812 South Floridians were placed in jobs with the assistance of the South Florida Workforce Career Centers. Attachment Russell Benford, Deputy Mayor 3 Memorandum "cam E Date: February 5, 2013 To: Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners From: Rick Beasley, Executive Director South Florida Workforce Investment Board Subject, Resolution Amending Interfocal Agreement with Monroe County Recommendation It Is recommended the Board of County Commissioners ("Board") approve the attached resolution approving the Amendments to the Interfocal Agreement with Monroe County creating the South Florida Workforca Investment Board (SFWf13) for Region 23 and authorizing the County Mayor to execute the Amendmentt to the Interfocal Agreement for and on behalf of Miami -Dada County. BackgroLmd On May 7, 2006, the Board adopted Resolution No. R-315-32 wNch approved an Interfocal Agreement between .the chief elected officials of kvtfami-Dade and Monroe counties. The approval of the Inter -local Agreement cleated the SFWIB and Its current administrative structure. Since the adoption of the Interlocal Agreement, improvements were implemented to enhance employment and training services, .as well as, the operating model of the organization. South Florida Workforce Investment Board tSFMBI Is a public- private partnership that establishes state and federally funded workforce development and trafnrg policles for Miami -Dade and Monroe counties. AddRionaffy, SFWIB's services and resources are available to everyone at no cost through a network of career centers located throughout the Region. �t NMMORANDUM a' (Revised) TO: Honorable Chairwoman Rebeca Sosa and Members, Board of County Commissioners FROM: R A. CF Jr. County Attorney Please note any items checked. DATE: February 5, 2013 SUBJECT: Agenda Item No. 10(A) (1) "3-Day Rule" for committees applicable if raised 6 weeks required between first reading and public hearing 4 weeks notification to municipal officials required prior to public hearing Decreases revenues or increases expenditures without balancing budget Budget required Statement of fiscal impact required Ordinance creating a new board requires detailed County Mayor's report for public hearing No committee review Applicable legislation requires more than a majority vote (i.e., 2/3's , 3/5's , unanimous ) to approve Current information regarding funding source, index code and available balance, and available capacity (if debt is contemplated) required Approved Mayor Veto Override RESOLUTION NO. R-95-13 Agenda Item No. 10(A) (1) 2-5-13 RESOLUTION APPROVING AMENDMENTS TO THE INTERLOCAL AGREEMENT WITH MONROE COUNTY CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA; AUTHORIZING MAYOR OF MIAMI-DADE COUNTY TO EXECUTE AMENDMENT WHEREAS, this Board desires to accomplish the purposes set forth in the accompanying memorandum, a copy of which is incorporated herein by reference, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF C0I4NW COMMISSIONERS OF H[AMI-DADE COUNTY, FLORIDA, that the Board approves the Amendments to the Interlocal Agreement with Monroe County Creating The South Florida Workforce Investoaent Board for Region 23 of the State of Florida, in substantially the .form attached hereto and made a part hereof, and authorizes the Mayor of Miami -Dade County to execute same for and on behalf of Miami -Dade County. The foregoing resolution was offered by Commissioner Audrey Edmonson who moved its adoption. The motion was seconded by Commissioner Jese'Pepe- Diaz and upon being put to a vote, the vote was as follows: Rebeca Sosa, Chairwoman aye Lynda Bell, Vice Chair aye Bruno A. Barreiro aye Esteban L. Bovo, Jr. aye Jose "Pepe" Diaz aye Audrey M. Edmonson aye Sally A. Heyman absent Barbara J. Jordan aye Jean Monestime aye Dennis C. Moss aye Sen. Javier D. Souto aye Xavier L. Suarez aye Juan C. Zapata aye 1.1 Agenda Item No. 10(A)(j) Page No. 2 The Chairperson thereupon declared the resolution duly passed and adopted this 5th day of February, 2013. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. Approved by County Attorney as to form and legal sufficiency,% Joni A. Mosely GO M O COUNTY 7 MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK By: Christopher Agrippa Deputy Clerk AMENDMENT TO INTBR.LOCAL AGREEMENT CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA This Amendment to Interlocal Agreement Creating The South Florida Workforce Investment Board For Region 23 of the State of Florida is made and entered into by and between the Chief Elected Official of Miami -Dade County, a political subdivision of the State of Florida, and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida, pursuant to the Florida Interlocal Corporation Act, the Miami -Dade County Home Rule Charter, and applicable federal and state laws and regulations. In consideration of the covenants, conditions, mutual obligations and other good and valuable consideration, the parties hereto agree as follows: Paragraph 10) of the Interlocal Agreement Creating The South Florida Workforce Investment Board For Region 23 of the State of Florida is hereby amended to read as follows': SFWIB members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties upon approval in writing by the of the J]»Chief Elected Official of Miami -D e County or the Chief F,lected Official of Miami -Dade CounWs designee«. All of the aforesaid expenses shall be reimbursed in accordance with federal and state law's and regulations and Miami -Dade County ordinances and policies. All travel expenses for SFWIB members or airy other person traveling for and on behalf of or at the request of the SFWIB shall be in conformance with state law relating to travel expenses of public officers and �ublic employees and Miami -Dade County ordinances and policies relating to travel expenses and shall be submitted in writing to the [ Cetmty Manager the N mi au k.-...,k, er-J Managefis desi�]]»Chief Elected Official of Miami -Dade County Or the Chief Elected Official of Miami -Dade County's 1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. dcsiane<<rbr .approval or denial by thr: Chief Blected Official of MiamirN- de County or the Chief Elected Offfi4ial ofMiantl,33adc County's dealgneo, 2. Paragauph I(I) of the Interlaml Agiwmient CtW.Ma ThQ South Florida Woj.,ld-oree fuvestment Roard For ltci&a 23 ofNte Suite of Florida is to raid as follows: The S€'WI13 shfdl comply with the irroomment and W011dit"I'e prowdutw i-equired by federal law for the expenditure of it':deral Rinds. To tho extent not In c:oaftt with Wet-4 law and mptlatloM tie SFW[B shatl comply with the procamment laws aatd mgW460na of the Stan; of F1.orlda which may be applieablQ to Miami -Dario County and [[,A4to KAI �phleat�e"p�emee;�c�ea�adtle�stf�lee�t>d-pelfe�- ty11 >�K+'t to p�cut�tnettl liefes arstsbl`tsheei by rile 3. Pamgtapb 4 of the Interlocal Agrecmeat Creating Tito South Florida WoAforce hivemmeat boat-1 For [legion 23 of the State of Florida is hereby amended to read as follows: 4. Thee members of tiro SPWID uud the me bw% of aqy oommltte of the SMU shall deal with the employees trf the edntiniatrtitive entity and SMIS staff' solely tfuVighl the Executive Direotor rind no such intimbet- shall give orders to any employees of the adminlatrtadve entity or SFWll3 staff eltlter pubthcly or privately. No employge of the adtninistmdvo entity or 81tWIB stuff shall MpQnd to of undertake any ae ion to comply with any request by rtny such ►mcwhor which violates the txvvisioas of the preceding sentence. The 8xecutive pimtor shall not knowingly allow any such member to deal with lily employee of the admiui4trative entity or SFWll3 staff`' in violation of tttc provislons of the first sentence of this Paragtaph K No member of the SFWll3 or any tnontbpr of any committee of tiie SFWI> 9hali direct or attest tite appointment of any pemon to, or his or her mmovtal from oft Iqe or eniploytnent by tite -1 xecutive Director or by the [[,NQafMlade-- tart ell >'(.`lii2f Elected 0r5;igl of MIRIL11-Qade, 'ounty<< or by any suhordina e: of the. of > the xecutive Director of by any subordinate- of the >>Cltiol' Elcetecl C - -c011 or #iy( art�i- _94c Co=y<< or participate im the tappptt#ntnacnt or removal of of iee:tRs anti employees of the administrative cattily or of SIB WI B staff nor shall tfte Muoutivo Director or the (iNtitttttt Aat+e-;ctdrat3�--{t'jj jCt,ioF Floctcti 01'ricialof fjW4 c C c t << or any mwnbrr (if thu; ndtWni*mtiv4 entity or of SCWID stut'f ur ally stibordittutc ofany of the fotq;oing ttacude to such direction or re-tuesi, Atty violation of tiny of the provisions of this 1 oragraph #4 by any of the mumbem of the SPWU3 or members of any SFWIB committee, Nhall camia die removal forthwith of such meinL it from the SFWIH or tla SVWIB c0n1m1ttt0 or both, .3 applicable, by opet'ation of Wta l_rbt06004l Agt'eomet% 4. Ptuagraph 6 of the ituerlocal Agiveme-nt Creating The South Florida Wod*rca InvtesttWttt Board For Iiegltm 23 oft -be State of Fiotlda is hereby amended to read as ttrilows; 6. TWN Interlocal Agreement shall become eftlective on March 1, 2006; after its execution by tho Chief Slooted Officials Pr Miami-Dade County And Monroe County and shall expire on Tune 30, Both C:lt_tet Wasted Officials have ikon duly autboriud by tholr ,respective governing bodics, the Board of County Commissioners of Miami-Dado County and the Hoard of County Comm6mionm of Monroe County, to executd thi,& lawrlocal, Agivernant for acid on behalf of Miawl-Dade County and Moruvo County, respectively. TIIIS AMENDMENT TQ WTERLOCAG AORUM13NT CREATMO TM SOt 114 FLORIDA WORKFORCE INVESTMENT BGAILD FOR lZi?©ION 23 OF THE STA1'Gt?I? FLORIDA IS UNFERED .WTO ON BEHALF OF: lvU AMI-DA►DE, COUNTY INVESTMENT BOARD P°iy.GRIAM'Itq*.s,`•. COUNTY m cl 10 TRfS AMENDMENT TO INTFRLOCAL AC;ItGf.'MEN'I' CRRA'I'IN(I `I'I1F SOUTIH FLORIDA WORKFORCE JNVFSTMFNT HOART) FOR RMION 23 OF THE STATE OF PLORMA IS ENTERED INTO ON M-HALP OI'': WITNESSM' , AMY AVILIN, Clerk . _-,e-- u 11 MOWROE COUNTY Mayor 3 No rn c � 7 r _ rn c CD INTERI,OCAL AGREEMENT CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA This Interlocal Agreement is made and entered into by and between the Chief Elected Official of Miami -Dade County, a political subdivision of the State of Florida, and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida, pursuant to the Florida Interlocal Cooperation Act, the Miami -Dade County Home Rule Charter, and applicable federal and state laws and regulations. In consideration of the covenants, conditions, mutual obligations and other good and valuable consideration, the parties hereto agree as follows: 1. The Chief Elected Officials who have executed this Interlocal Agreement have caused to be created hereby a Local Workforce Investment Board for Region 23 of the State of Florida in accordance with federal and state laws and regulations. This Local Workforce Investment Board shall be known as the South Florida Workforce Investment Board (hereinafter sometimes referred to as the "SFWIB"). The SFWIB shall be a separate public body, corporate and politic, and a governmental agency and governmental instrumentality of both Miami -Dade County and Monroe County. The SFWIB shall be a governmental body in all respects and shall be an organization eligible to exclude income under Section 115 of the Internal Revenue Code of the United States and contributions to which are deductible under Section 170(c)(1) of the Internal Revenue Code of the United States. a. The SFWIB shall have the power to sue and be sued, to plead and to be impleaded, to contract and be contracted with, to enforce contracts and C: I"Mr.9741DOC agreements, to accept grants, gifts or other resources, to engage an independent auditor, to have an official seal and alter same, and to incur tort liability to the extent permitted by Section 768.28, Fla. Stat. The SFWIB may exercise all of the powers specifically granted herein. Except as limited in this Interlocal Agreement, the SFWIB shall exercise all of the powers granted to Local Workforce Investment Boards by the Workforce Investment Act of 1998, as amended from time to time, and Chapter 445, Florida Statutes, as amended from time to time. Nothing herein shall be construed to limit or affect, in any way, the laws relating to sovereign immunity, Section 768.28, Florida Statutes, with respect to the SFWIB. b. The Executive Director of the SFWIB shall be selected by the SFWIB. The Executive Director shall be an employee of Miami -Dade County within the administrative service of Miami -Dade County and may be removed from the position of Executive Director of the SFWIB in the discretion of the SFWIB. The Executive Director shall be the Chief Operating Officer of the SFWIB and, as such, shall implement the policies, decisions, actions and directives of the SFWIB. C. The staff of the SFWIB shall all be employees of Miami -Dade County and who shall serve the SFWIB under the supervision and control of the Executive Director of the SFWIB. The staff of the SFWIB shall implement the policies, decisions, actions and directives of the SFWIB under the supervision and control of the Executive Director of the SFWIB. c: 1WPVSM L11 Da: 2 d. Legal counsel for the SFWIB shall be the Miami -Dade County Attorney's Office. With the approval of the Chief Elected Official of Miami -Dade County, the SFWIB may from time to time engage special legal counsel for specific legal matters. e. The members of the SFWIB shall elect a chairperson of the SFWIB, as required by the Workforce Investment Act of 1998, as amended from time to time, and such other officers as may be deemed necessary and appropriate by the SFWIB. All such officers shall serve in office for a term not to exceed two years. No such officer shall serve more than two terms in office or four years, which ever is less. The chairperson shall serve as the presiding officer at all meetings of the SFWIB. f. The organization, operating procedures, and by-laws of the SFWIB shall be determined by the SFWIB and shall become effective upon approval by the Chief Elected Official of Miami -Dade County. The organization, operating procedures, and by-laws of the SFWIB shall comply with the applicable federal, state, and local laws, ordinances, and regulations. g. The SFWIB and its members, the Executive Director of the SFWIB, the staff of the SFWIB and members of any and all committees of the SFWIB shall be subject to the jurisdiction of the Miami -Dade County Commission on Ethics and Public Trust and the Office of the Miami -Dade County Inspector General. SFWIB members, the Executive Director of the SFWIB, the staff of the SFWIB and members of any and all committees of the SFWIB shall comply with the Miami -Dade County Code of Ethics c 1wvwsrA14.1DOC 3 Ordinance, Conflict of Interest Ordinances, Lobbyist Registration and Reporting Ordinances, and the Citizens' Bill of Rights. The SFWIB and its members, the Executive Director of the SFWIB, the staff of the SFWIB and members of any and all committees of the SFWIB, shall be subject to and shall comply with Florida's Public Records and Open Meetings Laws, Section 286.011 et seq., Fla. Stat., and Section 119.01 et seq., Fla. Stat. h. No lobbying or legislative activity of any kind in or before any body or person of any kind shall be undertaken by the SFWIB, any member of the SFWIB acting as such or any staff member of the SFWIB acting as such except by making legislative requests as a board to the Miami -Dade County Office of Intergovernmental Affairs as required by Miami -Dade County Ordinance #04-219 or as may be authorized in writing by said Office from time to time. i. Notwithstanding any provision of State or federal law, a majority of the appointed members of the SFWIB or a majority of the appointed members of any committees of the SFWIB, who are physically present in the public meeting room or other place of the public meeting, shall constitute a quorum necessary for taking any action at the public meeting. Notwithstanding any provision of State or federal law, only appointed members of the SFWIB or appointed members of a committee of the SFWIB who are physically present in the public meeting room or other place of the public meeting shall constitute a quorum necessary for taking any action at the public meeting. Notwithstanding any provision of State C. U PTS3 J47DOC 4 or federal law, only appointed members of the SFWIB or appointed members of a committee of the SFWIB who are physically present in the public meeting room or other place of the public meeting shall be permitted to participate in such meeting, take any action at such meeting, or vote at such public meeting. Any such appointed member of the SFWIB or any such appointed member of a committee of the SFWIB who is not physically present in the public meeting room or other place of the public meeting and who, nevertheless, participates in such public meeting, or takes any action at such public meeting or votes at such public meeting, while not being physically present in the public meeting room or other place of the public meeting, shall automatically, by operation of this Interlocal Agreement, be deemed to have thereupon resigned forthwith from membership on the SFWIB, if a member of the SFWIB and from membership on any and all committees of the SFWIB. j. SFWIB members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties upon approval in writing by the Miami -Dade County Manager, or the Miami -Dade County Manager's designee. All of the aforesaid expenses shall be reimbursed in accordance with federal and state laws and regulations and Miami -Dade County ordinances and policies. All travel expenses for SFWIB members or any other person traveling for and on behalf of or at the request of the SFWIB shall be in conformance with state law relating to travel expenses of public officers C iwrIPs71a142DOC 5 and public employees and Miami -Dade County ordinances and policies relating to travel expenses and shall be submitted in writing to the Miami - Dade County Manager or the Miami -Dade County Manager's designee for approval or denial by the Miami -Dade County Manager or the Miami -Dade County Manager's designee. k. The SFWIB shall consist of a sufficient number of members and shall be composed of members in such a manner as to meet the requirements of State and federal law. The number of members of the SFWIB and the composition of the SFWIB shall be determined by the Chief Elected Official of Miami -Dade County in accordance with the criteria set forth in State and federal law. Members of the SFWIB shall serve at the pleasure of the Chief Elected Official who appointed the member and for such term as determined by the Chief Elected Official who appointed the member. However, no member of the SFWIB shall be appointed to serve a term greater than two years. SFWIB members may be reappointed by the Chief Elected Official who appointed the SFWIB member. Any SFWIB member, regardless of whether or not the SFWIB member is chairperson or other officer of the SFWIB, may be removed for cause or without cause, at any time, in the sole discretion of the Chief Elected Official who appointed the SFWIB member. The Chief Elected Official of Monroe County shall appoint two of the private sector members of the SFWIB and the Chief Elected Official of Miami -Dade County shall appoint all of the other members of the SFWIB. Representatives of businesses appointed to C «WI"J.2_D0C 6 the SFWIB by the Chief Elected Official of Miami -Dade County or by the Chief Elected Official of Monroe County shall not include representatives of businesses which are providers of public workforce services with funds provided through or from Workforce Florida, Inc. Furthermore, representatives of businesses appointed to the SFWIB by the Chief Elected Official of Miami -Dade County or by the Chief Elected Official of Monroe County shall automatically forfeit membership on the SFWIB if the business so represented provides public workforce services with funds provided through or from Workforce Florida, Inc. during the representative's period of membership on the SFWIB. The Chief Elected Official of Miami -Dade County may, solely in his or her discretion, from time to time, consider the recommendations, if any, of the City of Hialeah, the City of Miami, and the City of Miami Beach with respect to the appointment of members of the SFWB by the Chief Elected Official of Miami -Dade County. 1. The SFWIB shall comply with the procurement and expenditure procedures required by federal law for the expenditure of federal funds. To the extent not in conflict with federal law and regulations, the SFWIB shall comply with the procurement laws and regulations of the State of Florida which may be applicable to Miami -Dade County and with the applicable procurement ordinances, administrative orders, and policies of Miami -Dade County. c 1X?VT uriznac 7 M. The County Manager of Miami -Dade County and the administrative service of Miami -Dade County is hereby designated as the local fiscal agent for Region 23 of the State of Florida. n. The Chief Elected Official of Miami -Dade County for and on behalf of Miami -Dade County and the Chief Elected Official of Monroe County for and on behalf of Monroe County shall be the local grant recipients for Region 23 of the State of Florida and shall be liable for any misuse of the grant funds allocated to Region 23 of the State of Florida under Sections 128 and 133 of the Workforce Investment Act of 1998, as amended from time to time. o. The administrative entity for all Workforce Investment Act, TANF, and other workforce programs implemented by the SFW11B within Region 23 of the State of Florida shall be the administrative service of Miami -Dade County. The administrative service, acting as the administrative entity for the SFWIB, shall serve the SFWlB under the supervision and control of the Executive Director of the SFWIB and shall implement the policies, decisions, actions and directives of the SFWIB under the supervision and control of the Executive Director of the SFWlB. P. In order to exercise independent oversight, Miami -Dade County and Monroe County, respectively, agree that Miami -Dade County and Monroe County shall not be a direct provider of public workforce services with funds provided through or from Workforce Florida, Inc. ci�v,Psrui:a.mc 8 2. Monroe County and Miami -Dade County hereby agree to assume financial liability for any misuse of grant funds in accordance with State and federal law: Monroe County agrees hereby to assume 6.7% of any financial liability for any misuse of grant funds, Miami -Dade County agrees hereby to assume 93.3% of any financial liability for any misuse of grant funds. 3. Each Chief Elected Official for and on behalf of their respective jurisdiction agrees hereby to promptly contribute to any SFWIB financial liability or any other financial liability incurred under this Interlocal Agreement as follows: a. No liability of any kind arising out of this Interlocal Agreement shall be paid by the SFWIB or by SFWIB staff or by the administrative entity or by either of the parties to this Interlocal Agreement unless ordered by a court of competent jurisdiction or other superior State or federal governmental entity acting within the scope of its powers and jurisdiction or unless otherwise approved by both parties hereto. Nothing herein shall be construed to waive any rights of the SFWIB or the parties hereto to seek legal or administrative relief from any such liability. b. Tort liability incurred by the SFWIB or incurred by any member of the SFWB or an member of any committee of the SFWIB or incurred by the Executive Director or by a member of the staff of the SFWIB or of the administrative entity, through or on account of the performance of the lawful acts authorized or required by this Interlocal Agreement shall, to the extent permitted by Section 768.28, Fla. Stat, be solely the C;WMPSrurn.00c 9 responsibility of the SFWIB and does not and shall not constitute the tort liability of the parties hereto or their respective jurisdictions. In the event such tort liability is so incurred by any of the foregoing entities or persons, then and only then shall both Miami -Dade County and Monroe County contribute a sum to the SFWIB for the satisfaction of such tort liability incurred which shall equal 6.7% from Monroe County and 93.3% from Miami -Dade County, all of which contributions for a single tort liability claim when aggregated together shall not exceed the limit for a single tort liability claim as set forth in Sec. 768.28, Fla. Stat. C. Costs and other expenses disallowed by the State or federal government or by the SFWIB with respect to contracts between the SFWIB and Monroe County or between the SFWIB and Miami -Dade County for the provision of workforce services shall be paid by and shall be the financial liability solely of the contracting county. Nothing herein shall be construed to authorize the SFWIB to be a direct provider of intake, assessment, eligibility determinations, or other direct provider services. d. Costs and other expenses disallowed by the State or the United States or any other grantor of grant funds with respect to any contracts or agreements between the SFWIB and any service providers or other entities or caused by errors of the SFWIB or of the administrative entity or caused by misuse of grant funds shall be paid by and shall be the financial liability of Monroe County and Miami -Dade County in accordance with C. 1WPtP3TW14J'DOC 10 the following percentages: Monroe County - 6.7%; Miami -Dade County - 93.3%. 3. Nothing in this Interlocal Agreement shall be construed to impose personal financial liability of any kind upon any Chief Elected Official. Nothing in this Interlocal Agreement shall be construed to waive sovereign immunity in tort, except to the extent permitted by Sec. 768.28, Fla. Stat. 4. The members of the SFWIB and the members of any committees of the SFWIB shall deal with the employees of the administrative entity and SFWIB staff solely through the Executive Director and no such member shall give orders to any employees of the administrative entity or SFWIB staff either publicly or privately. No employee of the administrative entity or SFWIB staff shall respond to or undertake any action to comply with any request by any such member which violates the provisions of the preceding sentence. The Executive Director shall not knowingly allow any such member to deal with any employee of the administrative entity or SFWIB staff in violation of the provisions of the first sentence of this Paragraph #4. No member of the SFWIB or any member of any committee of the SFWIB shall direct or request the appointment of any person to, or his or her removal from office or employment by the Executive Director or by the Miami -Dade County Manager or by any subordinate of the Executive Director or by any subordinate of the Miami -Dade County Manager or participate in the appointment or removal of officers and employees of the administrative entity or of SFWIB staff nor shall the Executive Director or the Miami -Dade County Manager or any member of the administrative entity or of SFWIB staff or any C 1WF%P3Tl414'.DOC I I subordinate of any of the foregoing accede to such direction or request. Any violation of any of the provisions of this Paragraph #4 by any of the members of the SFWIB or members of any SFWIB committee shall cause the removal forthwith of such member from the SFWIB or the SFWIB committee or both, as applicable, by operation of this Interlocal Agreement. 5. Notwithstanding any provision of this Interlocal Agreement, the SFWIB shall not engage in any activities of any kind unless permitted to be carried on by an organization eligible to exclude income under Section 115 of the Internal Revenue Code of the United States and contributions to which are deductible under Section 170(c)(1) of the Internal Revenue Code of the United States. Notwithstanding any provision of this Interlocal Agreement, the SFWIB is authorized and empowered to pay reasonable compensation for services rendered and to make payments to advance SFWIB's activities for the benefit of the residents of Region 23 of the State of Florida. Notwithstanding any provision of this Interlocal Agreement, no part of the net earnings of the SFWIB shall inure to the benefit of or be distributable to the officers or members of the SFWIB or any other private person. Notwithstanding any provision of this Interlocal Agreement, in the event of the dissolution, liquidation, termination or expiration of the existence of the SFWIB, after promptly paying or adequately providing for the debts and obligations of the SFWIB, all monies, properties assets, and rights, of any kind whatsoever, shall be forthwith transferred, delivered and conveyed to Miami -Dade County for exclusively public purposes. Notwithstanding any provision of this Interlocal Agreement, the SFWIB shall only exercise essential C I*rTSMr.'DOC 12 governmental fiinctions on behalf of and accruing to the State of Florida or any political subdivision thereof. Notwithstanding any provision of this Interlocal Agreement, the Chief Elected Officials and their respective jurisdictions who are parties to this Interlocal Agreement shall have the powers and interests of an owner of the SFWIB_ Notwithstanding any provisions of this Interlocal Agreement, no private interest shall materially participate in any of the functions, duties, or responsibilities of the SFWIB. Notwithstanding any provision of this Interlocal Agreement, all assets and income of the SFWIB shall accrue to the Chief Elected Officials in their official capacity and their respective jurisdictions who are parties to this Interlocal Agreement. Notwithstanding any provision of this Interlocal Agreement, the SFWIB shall provide an annual report, including annual financial audit by an independent auditor, to both Chief Elected Officials and both respective jurisdictions who are parties to this Interlocal Agreement. Notwithstanding any provision of this Interlocal Agreement, control, supervision and authority of the SFWIB shall at all times be vested in public authorities, to wit, the Chief Elected Officials and their respective jurisdictions who are parties to this Interlocal Agreement. 6. This Interlocal Agreement shall become effective on March 1, 2006, after its execution by the Chief Elected Officials of Miami -Dade County and Monroe County and shall expire on June 30, 2008. Both Chief Elected Officials have been duly authorized by their respective governing bodies, the Board of County Commissioners of Miami -Dade County and the Board of County Commissioners 7 WPIPSTU h 2 Do t-, 13 of Monroe County, to execute this Interlocal Agreement for and on behalf of Miami -Dade County and Monroe County, respectively. 7. Upon expiration of this Interlocal Agreement, the SFWIB shall be deemed dissolved and no longer in existence. Upon the expiration date of this Interlocal Agreement and dissolution of the SFWIB or upon the dissolution, liquidation, or termination of the existence of the SFWIB prior to such expiration date, after promptly paying or adequately providing for the debts and obligations of the SFWIB, all monies, properties, assets, and rights, of any kind whatsoever, shall be forthwith transferred, delivered and conveyed to Miami -Dade County for exclusively public purposes. This Interlocal Agreement may be renewed in writing upon execution by both the Chief Elected Official of Miami -Dade County and the Chief Elected Official of Monroe County for an additional period of time but no such renewal shall be effective until both Chief Elected Officials have been duly authorized by their respective governing bodies, the Board of County Commissioners of Miami -Dade County and the Board of County Commissioners of Monroe County. This Interlocal Agreement and any renewals or amendments thereto shall be executed in counter -part originals by each party and each such counter -part original shall be deemed an original for all purposes. 8. This Interlocal Agreement may be amended by the parties hereto, from time to time, during the tern of this Interlocal Agreement or any renewals thereof, upon the execution of the written amendment by both the Chief Elected Official of Miami -Dade County and the Chief Elected Official of Monroe County but no such written amendment shall be effective until both Chief Elected Officials have C: IWPV17M 142 DM 14 been duly authorized by their respective governing bodies, the Board of County Commissioners of Miami -Dade County and the Board of County Commissioners of Monroe County. 9, The Chief Elected Official of Miami -Dade County and the Chief Elected Official of Monroe County are authorized hereby by their respective governing bodies to exercise the right to terminate this Interlocal Agreement at any time but in accordance with the conditions set forth below: a. The notice of termination shall be received by the other Chief Elected Official not later than sixty (60) days before the end of the current Workforce Investment Act fiscal year. b. The terminating party shall not be deemed released from any current or past financial obligations or any other current or past obligations of any kind whatsoever incurred or agreed to by the terminating party which arise out of this Interlocal Agreement. c. Upon the effective date of termination set forth in the termination notice described in a. above, the SFWIB shall be deemed dissolved and no longer in existence. C 1WPVS7%4U21_0C 15 THIS INTERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF: NUAM-DARE COUNTY WITNE BY - =—.-- v� � Mayor ar) Deputy Clerk /9 10 r, - Dat� C. W7V5rW142-D0C 16 THIS INTERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF: WITNESSES: DANNY L. KOLHAGE, Clerk R-►�� Deputy Clerk cWPrPSTut*2 OC MONROE COUNTY BY Ma�or F E B 1 5 2006 Date MONROE COUNTY ATTORNEY APPROV AS TO FORM: SU ASSIST--�2A M. GR'MSLE COUNTY ATTORNEY 17