Item M3 M.3
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
September 18, 2019
Agenda Item Number: M.3
Agenda Item Summary #5992
BULK ITEM: No DEPARTMENT: BOCC District 2
TIME APPROXIMATE: STAFF CONTACT: Katherine Atkins (305) 292-4512
n/a
AGENDA ITEM WORDING: Discussion and direction on seeking re-designation and separating
Monroe County from Career Source South Florida, Region 23, which currently comprises Miami-
Dade and Monroe Counties.
ITEM BACKGROUND: Florida is comprised of 23 local workforce investment areas (regions)
established for purposes of receiving federal funding under Title I of the Workforce Investment Act.
The regional workforce board for region 23, which is comprised of Miami-Dade and Monroe
Counties,is CareerSource South Florida. As such, CareerSource South Florida is responsible for
initiating state and federally funded workforce development programs in Miami-Dade and Monroe
counties. It assists employers and job seekers with employment services and labor market
information, and provides training for economically disadvantaged adults, youth, dislocated workers,
individuals in transition from welfare to work, and refugees. In order to receive a share of the Title I
funds Monroe County entered into and is one of the members in a consortium agreement that
includes Miami-Dade County, the City of Miami, the city of Hialeah, and the city of Miami Beach.
The consortium agreement expires on June 30, 2020.
Under the terms of the consortium agreement Monroe County should have been receiving 6.7% of
the funds awarded to region 23 however staff has been meeting with the training providers and has
reason to believe that Monroe County has not been receiving its share of the title I funds awarded to
region 23. At the request of the Clerk of the Court, the Monroe County Clerk's Internal Audit
Department is conducting a review of the funding provided to Monroe County from CareerSource
South Florida. This includes a review of compliance with the memorandum of understanding with
the BOCC and Miami-Dade County.
Direction would be necessary to expend staff resources to pursue re-designation of Monroe County
into its own or another region.
PREVIOUS RELEVANT BOCC ACTION: Approved the renewal, extension and second
amendment to the agreement creating the workforce investment board for workforce area 23
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CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION:
DOCUMENTATION:
Guidelines for ReDesignation 2013
Audit Letter
SFWIB ILA 2006
Resolution Amending Interlocal Agreement and Extending the Term of Agreement to 2015
Retroactive resolution to extend agreement until July 30, 2020.
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
n/a
REVIEWED BY:
Michelle Coldiron Completed 08/28/2019 1:54 PM
Pedro Mercado Completed 08/30/2019 12:27 PM
Bob Shillinger Completed 08/30/2019 5:06 PM
Kathy Peters Completed 09/03/2019 11:11 AM
Board of County Commissioners Pending 09/18/2019 9:00 AM
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M.3.a
CONSULTATION
FG OSPS-XX
PAPER
FLORIDAA o
ECONOMIC OPPORTUNrTY �
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Procedures for Requesting Re-Designation of Local Workforce Investment as
TITLE: Areas by a Unit or Combination of Units of General Local Government
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RESPONSIBLE
OFFICE: Division of Workforce Services,Bureau of One-Stop and Program Support
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EFFECTIVE: August 16,2013 2
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I. PURPOSE/SCOPE
The purpose of this issuance is to provide guidance to local chief elected officials (CEOs)
and regional workforce boards regarding the process to be followed when a unit or a
combination of units of general local government, such as county or group of counties, 04
requests a change in the composition of designated local workforce investment areas. 0
II. SUMMARY/INTRODUCTION
As one of the requirements for the State of Florida to receive funding under Title I of the
Workforce Investment Act of 1998 (WIA), the Governor must designate local workforce
investment areas. As of the date of this issuance, Florida has 24 designated local workforce
investment areas identified as Regions 1 through 24. Florida's designated local areas are
comprised of one or more counties. Each local area or region has a regional workforce 0
board (RWB) which is responsible for the provision of workforce development services in
each of the local areas. In this guidance paper, requests for changes to the composition of
local areas will be referred to as "re-designations" of local areas and will include moving a
county from inclusion in one local area to inclusion in another local area.
III. AUTHORITY
• Workforce Investment Act of 1998, as amended (Pub. L. 105-220)
• 20 CFR 661.250, "What are the requirements for designation of local workforce
investment areas.
• 20 CFR 661.260, "What are the requirements for automatic designation of local
workforce investment areas relating to units of general local government with a
population of 500,000 or more?"
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PROCEDURES FOR REQUESTING REDESIGNATION OF LOCAL September XX,2013 M•3.a
WORKFORCE INVESTMENT AREAS BY A UNIT OR COMBINATION Page 2 of 9
OF UNITS OF GENERAL LOCAL GOVERNMENT
FG OSPS-XX
• USDOL Training and Guidance Letter No. 37-10,Workforce Investment Act (WIA)
and Appropriations Act Provisions on the Designation of Local Workforce
Investment Areas
IV. PROCEDURES/POLICY
THE WIA PRESCRIBED PROCESS FOR DESIGNATION OF LOCAL AREAS
The provisions on designations of local workforce investment areas are in WIA section
116(a). See Attachment. In Training and Guidance Letter No. 37-10 (TEGL 37-10), the
United States Department of Labor issued guidance advising that state governors continue 0
to have the authority to designate and re-designate local areas as needed in accordance with
WIA section 116.
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The WIA prescribed local area designation process is carried out by the Governor through
consultation with WFI, as the State Workforce Investment Board, and with local Chief
as
Elected Officials of the local areas which may be impacted, and after consideration of 2
comments received through the public comment process as described in WIA section 0
112(b)(9). WIA Section 116 (a)(1)(A)). The following must also be considered:
• The geographic areas served by local educational agencies and intermediate
educational agencies; 0
2
• The geographic areas served by postsecondary educational institutions and area
vocational education schools;
• The extent that such local areas are consistent with labor market areas;
• The distance that individuals will need to travel to receive services provided in such r_
0
local areas; and
• The resources of such local areas available to effectively administer activities carried
out under WIA.
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WIA section 116 (a)(1)(B). This is the process that must also be followed in re-designations
of local areas. It is important to note that local chief elected officials can voluntarily agree to 0
re-designations.
Automatic Designation: WIA requires the Governor to approve a request for designation _
as a local area from any unit of general local government with a population of 500,000 or
more. WIA Section 116 (a)(2). The Governor has the authority to determine the source of
population data to use in determining whether a local area qualifies for automatic designation
as a local government with a population of 500,000 or more. 20 CFR 661.260.
Temporary and Subsequent Designation: WIA authorized a temporary authorization for
areas with populations of 200,000 or more which met specified criteria. However, this
provision is no longer available for designations of local areas in Florida. Requests for
temporary designation must have been made prior to the submission of the initial state plan.
WIA section 116(a)(3);TEGL 37-10.
State Authority to Re-Designate Local Areas:
States may designate and/or re-designate local areas:
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PROCEDURES FOR REQUESTING REDESIGNATION OF LOCAL September XX,2013 M•3.a
WORKFORCE INVESTMENT AREAS BY A UNIT OR COMBINATION Page 3 of 9
OF UNITS OF GENERAL LOCAL GOVERNMENT
FG OSPS-XX
(1) When the chief elected official(s) of the local area(s) voluntarily agrees to the re-
designation.
(2) When a local area was not automatically designated under WIA section 116(a)(2) and the
re-designations are made in accordance with the prescribed WIA process for designation
of local areas. See TEGL 37-10 (attached).
(3) When the Governor determines that a local area has substantially violated any provision
of title I of WIA. See WIA section 184(b).
Requests Initiated by a Unit or Combination of Units of General Local Government
for Re-Designation of Local Areas: 0
0
Any unit or combination of units of general local government (local government unit) may
request the re-designation of local workforce investment areas. These requests normally
would be made by the chief elected official on behalf of the local government unit.l
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Because Florida has completed the process of designating local areas and all units of local
government are included in a designated local area, a request for the re-designation of one
local area will necessarily impact more than one designated local area. 2
2
STEPS IN THE FLORIDA RE-DESIGNATION PROCESS:
WFI has provided the process outlined below to be followed by a unit or units of local 0
government seeking re-designations that are not requests for automatic designation. 2
It is recommended that prior to initiating the steps below, the WIA section 116
(a)(1)(B)factors, set out above, be given careful consideration and that any necessary
data and information be collected so as to make an initial determination on whether
the request can be granted in accordance with WIA.
Step 1. The local government unit(s) seeking a re-designation of local areas should inquire
of and consult with the chief elected officials of the local areas (county commission for a
single county local area or the consortium for multi-county local areas) and the RWBs which °b
would be impacted by the proposed re-designation to determine the positions of each (D
including whether there is agreement to the requested re-designation or whether there are 0
objections. These inquiries should be publicly noticed by placement on the agenda of a
publicly noticed meeting and discussed during public meetings.
After this first step, the unit(s) of local government should make a decision as to whether to
pursue the request re-designation in light of the positions of the chief elected officials and
the RWBs.
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Step 2. If a determination is made to proceed with the request, the local government unit(s) E
seeking a re-designation should formally request re-designation by writing the Governor. A
copy of the request should also be sent to WFI. The written request should include
sufficient information to enable the Governor, in consultation with WFI, to make a
determination on the request. The request for re-designation must include information on
the following:
WIA section 101(48)defines"unit of general local government'as any general purpose political subdivision of a
state that has the power to levy taxes and spend funds, as well as general corporate and police powers.
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PROCEDURES FOR REQUESTING REDESIGNATION OF LOCAL September XX,2013 M•3.a
WORKFORCE INVESTMENT AREAS BY A UNIT OR COMBINATION Page 4 of 9
OF UNITS OF GENERAL LOCAL GOVERNMENT
FG OSPS-XX
A. The current designations of the local areas which would be impacted by re-
designation;
B. The re-designations sought;
C. The positions of the chief elected officials of the impacted local areas on the request,
supported by documentation such as copies of meeting minutes or resolutions;
D. The positions of the regional workforce boards in the impacted local areas on the
request, supported by documentation such as copies of meeting minutes or r-
resolutions; 0
E. Any comments received into the record at the public meetings in which the request 0
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for re-designation was discussed, supported by documentation such as copies of r-
meeting minutes;
F. For each of the re-designated local areas,include information on:
1. Geographic areas served by local and intermediate educational agencies and 0
why the re-designations will better serve the impacted local areas.
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2. Geographic areas served by postsecondary educational institutions and area M
vocational education schools and why the re-designations will better serve
the impacted local areas. �a
3. The extent to which such local areas are consistent with labor market areas s
and why the re-designation will better serve the impacted local areas.
4. The distance that individuals will need to travel to receive services provided
in the redesignated local areas and why the re-designations will better serve r-
the impacted local areas.
5. The resources of the re-designated local areas that are available to effectively
a
administer the activities carried out under WIA and why the re-designations �
will better serve the impacted local areas. (D
6. The name of the person to be contacted in reference to the request and the 0
address where official notices are to be mailed.
G. Any additional information which the requestor(s) wishes to submit in support of the
request.
Step 3. Upon receipt of the request, the Governor, with the assistance of WFI,initiates the
public comment process described in WIA section 112(b)(9) which should also include
solicitation of comments from business and labor representatives for consideration. At the
close of the public comment period, the Governor,with the assistance of WFI, considers the
comments received.
Step 4. The Governor,with the assistance of WFI, consults with local chief elected officials
of the affected local areas. The Governor may rely on the submissions from the requestor(s)
with respect to the positions of the local chief elected officials, including the public records
of meetings and any recorded votes or resolutions on the request to meet the WIA
consultation requirement if such submissions are sufficient to constitute consultation with
the local chief elected officials.
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PROCEDURES FOR REQUESTING REDESIGNATION OF LOCAL September XX,2013 M•3.a
WORKFORCE INVESTMENT AREAS BY A UNIT OR COMBINATION Page 5 of 9
OF UNITS OF GENERAL LOCAL GOVERNMENT
FG OSPS-XX
Step 5. WFI analyzes the consequences of the requested re-designations pursuant to WIA
sections 111(d)(4) and 116(a)(1). The WFI Board shall approve a formal recommendation to
the Governor by majority vote at a formal board meeting at which public comment may be
given.
Step 6. The Governor determines whether to grant the re-designation request and,with the
assistance of WFI, provides written notice of the determination on the request for re-
designation to the requestor(s) and the chief elected officials of the affected local areas or
regions. Notice shall also be published in accordance with chapters 286 and 120, Florida
Statutes. o
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Opportunity to Appeal: Pursuant to Final Guidance 00-005, adversely affected local areas, 0
units of local government or grant recipients may appeal the Governor's determination by 0
filing a petition for a hearing with WFI. The petition must be filed within 21 days after
receipt of written notice of the Governor's determination. See Final Guidance 00-005 for
appeal procedures.
Modification of the State Plan: A re-designation of local areas is considered a substantial 12
change that requires a modification of the State Strategic Plan. The Planning Guidances, at
73 FR 72853 (Dec. 8, 2008) for the Stand-Alone Guidance and 73 FR 73730 (Dec. 3, 2008)
for Unified Planning Guidance, provide the specific action items that the State Plan must —
address; the Plan must identify the state's re-designated local areas and provide a description
of the process used to designate such areas. The WIA regulations at 29 CFR 661.230(d)
specify that modifications are subject to the same public review and comment requirements
that apply to the development of the original State Plan; the state must provide an
opportunity for public comment on and input into the development of the modification 04
before submitting it to Employment and Training Administration. 0
Pursuant to federal law, a State Plan submitted to the Secretary by the Governor is r_
considered to be approved by the Secretary at the end of the 90-day period unless the
Secretary makes a written determination during the 90-day period that the plan is not a
acceptable. Re-designations become effective upon USDOL's approval of the State Plan
modification.
V. ATTACHMENT/HYPERLINK
WIA Section 116(a). :2
TEGL 37-10
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ATTACHMENT
WIA Section 116(a)
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CHAPTER 2—LOCAL PROVISIONS
SEC. 116. LOCAL WORKFORCE INVESTMENT AREAS. 29 USC 2831.
(a) DESIGNATION OF AREAS.—
(1) IN GENERAL.—
(A) PROCESS.—Except as provided in subsection (b),
and consistent with paragraphs (2), (3), and (4), in order
for a State to receive an allotment under section 127 or 1
132, the Governor of the State shall designate local
workforce investment areas within the State—
(i) through consultation with the State board; and U
(ii) after consultation with chief elected officials 0
and after consideration of comments received through
the public comment process as described in section c
112(b)(9).
(B) CONSIDERATIONS.—In making the designation of
local areas, the Governor shall take into consideration the 0
following:
(i) Geographic areas served by local educational c
agencies and intermediate educational agencies.
(ii) Geographic areas served by postsecondary
educational institutions and area vocational education
schools. t 3
(iii) The extent to which such local areas are -
consistent with labor market areas. a�
(iv) The distance that individuals will need to
travel to receive services provided in such local areas.
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(v) The resources of such local areas that are avail-
able to effectively administer the activities carried out
under this subtitle.
(2) AUTOMATIC DESIGNATION.—The Governor shall approve
any request for designation as a local area—
(A) from any unit of general local government with
a population of 500,000 or more; 1
(B) of the area served by a rural concentrated employ-
ment program grant recipient of demonstrated effectiveness
that served as a service delivery area or substate area �3
under the Job Training Partnership Act, if the grant recipi-
ent has submitted the request;and
(C) of an area that served as a service delivery area 0
under section 101(a)(4)(A)(ii)of the Job Training Partner-
ship Act (as in effect on the day before the date of enact-
ment of this Act) in a State that has a population of
not more than 1,100,000 and a population density greater
than 900 persons per square mile. c
(3) TEMPORARYAND SUBSEQUENT DESIGNATION.—
(A) CRITERIA.—Notwithstanding paragraph (2)(A), the
Governor shall approve any request, made not later than
the date of submission of the initial State plan under 4-
this subtitle, for temporary designation as a local area c
from any unit of general local government (including a
combination of such units) with a population of 200,000
or more that was a service delivery area under the Job U_
Training Partnership Act on the day before the date of
enactment of this Act if the Governor determines that
the area—
(i) performed successfully, in each of the last 2 r_
years prior to the request for which data are available, g
in the delivery of services to participants under part
A of title II and title III of the Job Training Partnership as
Act (as in effect on such day); and U)
(ii) has sustained the fiscal integrity of the funds
used by the area to carry out activities under such
part and title.
(B) DURATION AND SUBSEQUENT DESIGNATION.—A tem- -
porary designation under this paragraph shall be for a U)
period of not more than 2 years, after which the designation S
shall be extended until the end of the period covered by
the State plan if the Governor determines that, during
the temporary designation period, the area substantially
met (as defined by the State board) the local performance
measures for the local area and sustained the fiscal integ-
rity of the funds used by the area to carry out activities E
under this subtitle.
ca
(C) TECHNICAL ASSISTANCE.—The Secretary shall pro-
vide the States with technical assistance in making the
determinations required by this paragraph. The Secretary
shall not issue regulations governing determinations to
be made under this paragraph.
(D) PERFORMED SUCCESSFULLY.—In this paragraph,the
term "performed successfully" means that the area involved
met or exceeded the performance standards for activities
administered in the area that
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M.3.a
PUBLIC LAW 105-220AUG. 7, 1998 112 STAT. 9
and modified by the adjustment methodology of the
tions, participant characteristics, and combination of
services provided from the combination assumed for
purposes of the established standards of the Secretary);
and
(ii)(I) if the area was designated as both a service
delivery area and a substate area under the Job Train-
ing Partnership Act (as in effect on the day before
the date of enactment of this Act)—
(aa) relate to job retention and earnings, with 0
respect to activities carried out under part A of
title II of such Act (as in effect on such day); 0
or
(bb) relate to entry into employment, with c
respect to activities carried out under title III of
such Act (as in effect on such day);
(II) if the area was designated only as a service
delivery area under such Act (as in effect on such
day), relate to the standards described in subclause c
(1)(aa); or
(III) if the area was only designated as a substate
area under such Act (as in effect on such day), relate
to the standards describedin subclause(I)(bb). ,-
(E) SUSTAINED THE FISCAL INTEGRITY. In this para- 0
graph, the term "sustainedthe fiscal integrity", used with
respect to funds used by a service delivery area or local
area, means that the Secretary has not made a final deter-
mination during any of the last 3 years for which data
are available, prior to the date of the designation request
involved,that either the grant recipient or the administra-
tive entity of the area misexpendedthe funds due to willful
disregard of the requirements of the Act involved, gross 2
negligence, or failure to observe accepted standards of
administration.
(4) DESIGNATION ON RECOMMENDATION OF STATE BOARD.— U)
The Governor may approve a request from any unit of general
local government (including a combination of such units) for
designation (including temporary designation) as a local area
if the State board determines, taking into account the factors 0
described in clauses (i) through (v) of paragraph (1)(B), and U)
recommends to the Governor, that such area should be so
designated.
(5) APPEALS.—Aunt of general local government (including
a combination of such units) or grant recipient that requests
but is not granted designation of an area as a local area
under paragraph (2) or (3) may submit an appeal to the State
board under an appeal process established in the State plan.
If the appeal does not result in such a designation, the Sec-
retary, after receiving a request for review from the unit or
grant recipient and on determining that the unit or grant
recipient was not accorded procedural rights under the appeal
process established in the State plan or that the area meets
the requirements of paragraph (2) or (3), as appropriate, may
require that the area be designated as a local area under
such paragraph.
Packet Pg. 1771
COURr
Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
August 13, 2019
I 'G 1 4 2 0[
Mr. Rick Beasley
N;�UIVROE�':OU11"�1r"ATTORNEY
�u"
Executive Director
South Florida Workforce Investment Board
Airport Corporate Center
7300 Center Drive, Suite 500
Miami, Florida 33126-1234
Dear Mr. Beasley, 0
0
At the request of the Clerk of the Court, the Clerk's Internal Audit Department is
conducting a review of the funding provided to Monroe County through Region 23
Career Source South Florida. This will include a review of compliance with the
Memorandum of Understanding with the Monroe County Board of County
Commissioners and Miami Dade County, and adherence to the procedures of
CareerSource South Florida policies and procedures.
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According to the Interlocal Agreement creating the South Florida Workforce Investment 0
Board (SFWIB) for Region 23 of the State of Florida "Notwithstanding any provision of
this lnterlocal Agreement, the Chief Elected Officials and their respective jurisdictions
who are parties to this lnterlocal Agreement shall have the powers and interests of an
owner of the SFWIB".
We are requesting the following documents for the last 5 years:
• Audited Financial Statements
• Form 990 South Florida Return of Organization Exempt from Income Tax (if not
completed why is it not completed)
• Most current fully executed Memorandum of Understanding (MOU) between
Monroe County and Miami-Dade County Creating the South Florida Workforce
Investment Board for Region 23 of the State of Florida
• Most current fully executed Memorandum of Understanding between South
Florida Workforce Investment Board and the Monroe County School District
• All Memorandums of Understanding in Monroe County
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Ronda 33040 Marathon,Florida 33050 Plantation Key,Ronda 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-8 Packet Pg. 1772
P0
Kevin Madok, cpA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
• Annual Report that is required to be sent to Monroe Corinty as part of the MOU,
• Board Minutes with attachments
• Board Minute attachments fort Budget dated 6-29-2019
• Salaries for Region 23 Employees
• Contracts with all vendors in Monroe County
• Budgets for each CareerSource location In Monroe County (Key West Office and
Key Largo Office)
• Any awards to organizations or individuals in Monroe County
• Actual payments to any organizations or individuals in Monroe County
0
• Statistics for the Monroe County locations
• Leases for Career Source locations within Monroe County (Key West and Key 0
Largo Offices) 0
• Name and title of employee in Monroe County that was sent the Annual Reports
and the 5 Year Plan 2
• Number of Monroe County Board Members and their status (Private business, 0
educational. Etc,,)
• Requests that were denied and the reason for denial
4-
• Name and address of the partner running the Monroe County Offices 0
2
We would like to receive the requested documents no later than September 15, 2019.
can conclusion of our initial review, we anticipate requesting to meet with you to
discuss issues that may arise® We are willing to travel to your location. We will most
likely wish to meet with the managers of the local Career Source offices in Monroe
County as well.
E
Should you have any questions, please feel free to contact me at (305)587-8116.
Sincerely,
't
Sandra Mathena, CPA, CIA, CFE
Director of Internal Audit
cc: Kevin Madok, Clerk oft e Court and Comptroller
Andy Perez, Chairperson SFWIB
Mr. Charles sore ice C air arson F I
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 WhftohW Street 3117 Ov hway SM20 Overseas Highway 50 High Point Road
Key West Horida 33040 Maradw,Florida 33050 Plantation Key,FkwWa 33070 Plairlation Key,Fkxida 33070
305-294-4641 305-28HO27 305-852-7145 305.
I Packet Pg. 17731
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Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
Michelle Maxwell, Inspector Monroe County Sheriff's Office
Karen Thurman, General Manager Faro Blanco Resort and Yacht Club
Dr. Jonathan Gueverra, President Florida Keys Community College
Dr. Brittany Snyder, Vice President of Academic Affairs
Roman Gastesi. Monroe County Administrator
Bob Shillinger, County Attorney
0
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KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Read
Key West,Rorida 33040 Marathon,Florida 33050 Plantation Key,Ronda 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-8 Packet Pg. 1774
M.3.c
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: February 16, 2006
TO: Thomas Willi, County Administrator
ATTN.• Deb Barsell, Project Manager
FROM.• Pamela G. Hanco
Deputy Clerk
0
0
At the February 15, 2006, Board of County Commissioners meeting the Board granted
approval and authorized execution of a Interlocal Agreement between Monroe County and
Miami-Dade County creating the South Florida Workforce Investment Board for Region 23 of
the State of Florida.
0
Enclosed are eight duplicate originals of the above-mentioned, executed on behalf of
Monroe County, for your handling. Please be sure to return the fully executed "Monroe County 2
Clerk's Office Original" and the "Monroe County Finance Department's Original" as soon
as possible. Should you have any questions please do not hesitate to contact this office. 0
2
cc: County Attorney
Finance w/o document
File✓ `�
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Belle Desantis
From: 'Bruno-Celeste"<Bruno-Celeste@monroecounty-fl.gov>
To: "County Commissioners and Aides" <-19a406@monroecounty-fl.gov>; "County Administrator"
<CountyAdministrator@ mo nroecou nty-fl.gov>
Cc: "Barsell-Debbie" <Barsell-Debbie@monroecounty-fl.gov>; 'Belle Desantis" <idesantis@monroe-
clerk.com>; "Cyr-Connie"<Cyr-Connie@monroecounty-fl.gov>
Sent: Wednesday, February 22, 2006 9:00 AM
Attach: SFW Interlocal.pdf
Subject: SWF Interlocal
Please see attached letter from Rick Beasley. Miami- Dade will not consider the interlocal agreement until the
March 7, BOCC meeting.
Celeste Bruno
BOCC District 3 0
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Charles "Sonny" McCoy
530 Whitehead Street
Key West, FL 33040 0
phone: 305-292-3430
fax: 305-292-3577 2
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COUNTY ATTORNEY
MIAMI-DADE COUNTY, FLORIDA
quMarch 9, 2006
111 N.W. 1ST STREET
MIAMI, FLORIDA 33128-1993
TEL.(305)375-5151
FAX(305)375-5634
VIA FEDERAL EXPRESS WITH RECEIPT REQUESTED
Honorable Danny L. Kolhage
Clerk, Circuit and County Courts
Of the 10h Judicial Circuit In and
For Monroe County, Florida
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040 e
�s
0
Re: Filing in the Records of the Clerk of the Circuit Court Pursuant
To Section 163.01 (11), Florida Statutes—Interlocal Agreement
Creating the South Florida Workforce Investment Board for
Region 23 of the State of Florida
0
Dear Mr. Kolhage:
Pursuant to Section 163.01 (11), Florida Statutes, the undersigned hereby files
with the Clerk of the Circuit Court of the 16th Judicial Circuit In and For Monroe County,
Florida, the enclosed Interlocal Agreement Creating the South Florida Workforce
Investment Board for Region 23 of the State of Florida, to wit, a duplicate original
executed by both the Mayor of Miami-Dade County and the Mayor of Monroe County.
Respectfully submitted,
Pe r S. Tell
Assistant Miami-Dade County Attorney
PST/crw
Enclosures
cc: Mayor Carlos Alvarez (without enclosure)
Mayor Charles "Sonny"McCoy(without enclosure)
Dr. Mae Bryant, Assistant Miami-Dade County Manager(without enclosure)
Roderick"Rick"Beasley(without enclosure)
Executive Director, South Florida Workforce
Deb Barsell, Project Manager, Office of the County Administrator, Monroe
County(without enclosure)
Packet Pg. 1778
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ate,
INTERLOCAL 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
0
Home Rule Charter, and applicable federal and state laws and regulations. In
0
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
4-
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 (n
County and Monroe County. The SFWIB shall be a governmental body in all E
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"L'STW 14S.DOC
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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,
0
�s
Florida Statutes, as amended from time to time. Nothing herein shall be
0
construed to limit or affect, in any way, the laws relating to sovereign
immunity, Section 768.28, Florida Statutes, with respect to the SFWIB.
0
b. The Executive Director of the SFWIB shall be selected by the SFWIB.
The Executive Director shall be an employee of Miami-Dade County
4-
0
2
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.tWPPSTW 142.DOC 2
Packet Pg. 1780
. M.3.c
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
0
U
appropriate by the SFWIB. All such officers shall serve in office for a
0
0
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
0
serve as the presiding officer at all meetings of the SFWIB.
f. The organization, operating procedures, and by-laws of the SFWIB shall U
4-
0
2
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.1WP1PSR4142 Doc 3
Packet Pg. 1781
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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
0
U
person of any kind shall be undertaken by the SFWIB, any member of the
0
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
0
County Office of Intergovernmental Affairs as required by Miami-Dade
County Ordinance #04-219 or as may be authorized in writing by said U
4-
0
2
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:1sPLPsn4142D0c 4
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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
0
public meeting and who, nevertheless, participates in such public meeting,
0
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
0
place of the public meeting, shall automatically, by operation of this
Interlocal Agreement, be deemed to have thereupon resigned forthwith
4-
0
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 CO
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 iWPVW'WJ4a.noc 5
Packet Pg. 1783
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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
0
U
State and federal law. The number of members of the SFWIB and the 0
0
composition of the SFWIB shall be determined by the Chief Elected
Official of Miami-Dade County in accordance with the criteria set forth in
0
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
4-
0
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:IWPWSTW143.DOC 6
Packet Pg. 1784
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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
0
the business so represented provides public workforce services with funds
0
provided through or from Workforce Florida, Inc. during the
representative's period of membership on the SFWIB. The Chief Elected
0
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, U
4-
0
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. (n
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.I PSTWI42.DOC 7
Packet Pg. 1785
M.3.c
In. 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
0
U
grant funds allocated to Region 23 of the State of Florida under Sections
0
128 and 133 of the Workforce Investment Act of 1998, as amended from
time to time.
0
o. The administrative entity for all Workforce Investment Act, TANF, and
other workforce programs implemented by the SFWIB within Region 23 U
4-
0
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 SFWIB 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 SFWIB.
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.
C WPWSMtaz.noc 8
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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
0
U
financial liability incurred under this Interlocal Agreement as follows:
0
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
0
by either of the parties to this Interlocal Agreement unless ordered by a
court of competent jurisdiction or other superior State or federal U
4-
0
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 (s
SFWIB 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:WPWSTAIoa.Doc 9
Packet Pg. 1787
M.3.c
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
0
U
tort liability claim when aggregated together shall not exceed the limit for
0
0
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
0
by the SFWIB with respect to contracts between the SFWIB and Monroe
County or between the SFWIB and Miami-Dade County for the provision U
4-
0
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. CO
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:IWPIPSTWI42.DOC 10
Packet Pg. 1788
M.3.c
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
U
shall deal with the employees of the administrative entity and SFWIB staff solely
0
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.
0
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 U
4-
0
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 SFWM 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:IWPIPSTWJ4I.D0C 11
Packet Pg. 1789
M.3.c
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 SFWl B 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
0
U
organization eligible to exclude income under Section 115 of the Internal
0
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.
0
Notwithstanding any provision of this Interlocal Agreement, the SFWIB is
authorized and empowered to pay reasonable compensation for services rendered
4-
0
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.-MP1PST49142DOC 12
Packet Pg. 1790
M.3.c
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
0
Chief Elected Officials in their official capacity and their respective jurisdictions
who are parties to this Interlocal Agreement. Notwithstanding any provision of
0
this Interlocal Agreement, the SFWIB shall provide an annual report, including
annual financial audit by an independent auditor, to both Chief Elected Officials U
4-
0
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. (s
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
c:tWTIPSTWI4z.Uoc 13
Packet Pg. 1791
M.3.c
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
0
SFWIB, all monies, properties, assets, and rights, of any kind whatsoever, shall be
0
forthwith transferred, delivered and conveyed to Miami-Dade County for
exclusively public purposes. This Interlocal Agreement may be renewed in
0
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
4-
0
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.
S. This Interlocal Agreement may be amended by the parties hereto, from time to
time, during the term 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.WPL-Su142DOC 14
Packet Pg. 1792
. M.3.c
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:
0
U
a. The notice of termination shall be received by the other Chief Elected
0
Official not later than sixty (60) days before the end of the current
Workforce Investment Act fiscal year.
0
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
4-
0
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:IWPIPSTW J42.DOC 15
Packet Pg. 1793
M.3.c
THIS 11,4TERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF:
MIAIVII-DADS COUNTY
WITNESS
BY( G—�-
Mayor
if s,1 1 War) Deputy Clerk 31
Os
Dat
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{bd
4-
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Vd
c iwrwsna142-D0c 16
Packet Pg. 1794
M.3.c
THIS INTERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF:
MONROE COUNTY
WITNESSES: /
DANNY L. KOLHAGE, Clerk BY
or
Deputy Clerk
FEB 1 5 2W6
Date 0
0
0
a�
�s
4-
0
MONROE COUNTY
APPROV ATTORNEY
AS TO FORM:
SU M. GRIMSLE
ASSISTA COUNTY
ATTORNEY
C llVP1PSTW14a.DOC 17
Packet Pg. 1795
OF FILE COPY
CLERIC F THE BOARD
FC W.. mr E .. m
XXAM-DADE 0 =7,n a .
MEMORANDUM
Agenda Item No. 10(A)(1)
cs
Honorable Chairwoman Rebeca Sosa February S,2013
and Members,Board of County Commissioners
FROM: R. A. Cuevas,Jr. . Resolution approving
County Attorney Amendments to the Interlocal
Agreement with Monroe Count
creating the South Florida
Workforce Investment.Board fc
Region 23
Resolution No. R-95-13
This item was amended from the original version as stated in the CountyMayor's E
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.
x
x
R. A. Cuevas,Jr'""!
County Attorney
RAC/smm.
0
Packet Pg. 1796
0 MM:AD)E S
Memorandum
Date: February 5, 2013 0
To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Co i loners
4-
0
From: Carlos A. Gimenez 2
Mayor
U_
Subject: Resolution Amending the Interlocal eement that Created the South Florida
Workforce Investment Board for Regi n 23 and Extending the Term of the
Agreement
U)
3
0
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-315-06 as an attachment. N
0
Recommendation
The accompanying resolution is being placed before the Board of County Commissioners E
(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
4-
South Florida Workforce Investment Board (SFWIB) for Region 23; (b) extends the term of the 0
current Interlocal Agreement through June 30, 2016, and; (c) fulfills the requirements of the E
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
X
Workforce which was approved by Monroe County October 2012. W
Scope
The impact of this Interlocal Agreement is countywide.
E
Fiscal ImpactfFunding 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 i5
r_
references to Miami-Dade County Manager have been replaced with Chief Elected Official of 0
E
Miami-Dade County. Further amendments, are required to delete language pertaining to the <
County's procurement policies and to include the newly established SFWIB procurement r_
.2
policies. Additionally this item will extend the term of four years, to expire on June 30, 2016.
2
0
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On March 7, 2006, the Board adopted Resolution No. R-316-06 (see attached) which approved
an Interlocal Agreement between the chief elected officials of Miami-Dade and Monroe counties
which created the SFWIB and the current administrative structure.
E
Packet Pg. 1797
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
Page No. 2
The revamped committee structure now Includes: the SFWIB Finance, Intergovernmental 0
(2-
Affairs, Economic Development, Executive and Workforce Systems Improvement Committees. 0
As a result of these improvements, Workforce Region 23 has been fully chartered by the state's 2
Workforce Board of Directors for the first time since 2002.
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0
2
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
2
Training Programs. The development of the local Workforce Services Plan is critical to having a .T
comprehensive plan consistent with the 2007-2009 State Workforce Investment Plan that will be
submitted to the United States Department of Labor. LO
For the first time since enactment of the federal Workforce Investment Act of 1998, the 0
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 67,812 South Floridians were placed in jobs with the
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assistance of the South Florida Workforce Career Centers. 0
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Attachment
Russell Benford, Deputy Mayor X
W
E
Packet Pg. 1798
Memorandum m'...m"MADE
Date. February 5, 2013
0
(2-
To: Honorable Chairwoman Rebeca Sosa 0
and Members, Board of County Commissioners 2
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0
From: Rtc*Beasley, Executive Director* 2
South Florida Workforce Investment Board
Subject., Resolution Amending Interlocal Agreement with Monroe County
.2
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Recomm_andation
It is recommended the Board of County Commissioners ("Board") approve the attached resolution L
approving the Amendments to the Interlocal,agreement with Monroe County creating the Smith Florida LO
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Workforce Investment Board (SFWIB) for Region 23 and authorizing the County Mayor to execute the C14
Amendment to the Interlocal Agreement for and on behalf of Miami-Dade County. 0
,pgqtg-rouLtndnd E
On May 7. 20337 the Board adopted Resolution No. R-315-32 which approved an Interlocal Agreement
loetweenthe chief elected officials of Mlami-Dade and Monroe counties, The approval of the Interlocaf
Agreement created the SFWIB and its current administrative structure. Since the. adoption of'the 4-
Interlocal Agreement, improvements were implemented to enhance employment and training services, 0
E
as well as, the operating model of the organization.
South Eforida Workforce investment l3oard_JqEYVlI3 A is a public,-private partnership that estabil-shes
state and federally funded workforce development and training policies for Miami-Dade. and Monroe
counties, Additionally, SFWIB's services and resources are available to everyone at no cost through a
network of career centers located throughout the Region.
X
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0
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4 Packet Pg. 1799
0
MEMORANDUM
(Revised)
4-
TO: Honorable Chairwoman Rebeca Sosa DATE: February 5 2013 0
and Members,Board of County Commissioners 2
2
4XCnas,Jr. SUBJECT: Agenda lterallo. 10(A)i '>
FROM: R.A.
County Attorney
C14
0
Please note any items checked.
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9-Day Rule' for committees applicable if raised 4-
0
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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 X
W
Budget required
E
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 E
Current information regarding funding source,index code and available .2
balance,and available capacity (if debt is contemplated)required 0
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5 Packet Pg. 1800
Approved Ma or Agenda Item No. 10(A)(1)
Veto 2-5-13
..........
Override 0
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0
RESOLUTION NO. R-95-13
RESOLUTION APPROVING AMENDMENTS TO THE
INTERLOCAL AGREEMENT WITH MONROE COUNTY
CREATING THE SOUTH FLORIDA WORKFORCE
.2
IN-VESTMENT BOARD FOR REGION 23 OF THE STATE OF T
FLORIDA; AUTHORIZING MAYOR OF MIAMI-DADS
COUNTY TO EXECUTE AMENDMENT LO
VaWREAS, this Board desires to accomplish the purposes set forth in the 0
accompanying memorandum, a copy of which is incorporated herein by reference, E
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF C Y
4-
0
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that the Board approves the E
Amendments to the Interlocal Agreement with Monroe County Creating The South Florida
Worldorce Investment Board for Region 23 of the State of Florida, in substantially the form
X
attached hereto and made a part hereof, and authorizes the Mayor of Miami-Dade County to W
execute same for and on behalf of Miami-Dade County.
E
The foregoing resolution was offered by Commissioner Audrey Ednionson
who moved its adoption. The motion was seconded by Commissioner Jose"Pepe" Diaz
and upon being put to a vote,the vote was as follows:
Rebeca Sosa, Chairwoman aye
Lynda Bell, Vice Chair aye
E
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
0
Jean Monestime aye Dennis C. Moss aye 0U)
Sen. Javier D. Souto aye Xavier L. Suarez aye W
Juan C. Zapata aye
E
6 Packet Pg. 1801
Agenda It No. 10(A)(1)
Page No. 2
The Chairperson thereupon declared the resolution duly passed and adopted this 5h day
0
of February, 2013. This resolution shall become effective ten (10) days after the date of its
4-
adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an 0
override by this Board.
MIAMI-DADS COUNTY,FLORIDA
BY ITS BOARD OF T
Colo M Art COUNTY COMMISSIONERS w
A. LO
HARVEY RUVIN,CLERK
Gou" z N
M 0
AV
ChrWopher Agrippa
By: E
Deputy Clerk
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Approved by County Attorney as 0
to form and legal sum ciency E
Joni A.Mosely
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E
E
0
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E
Packet Pg. 1802
0
AMENDMENT TO INTERLOCAL AGREEMENT CREATING
THE SOUTH FLORIDA WORKFORCE INVESTMENT
BOARD FOR REGION 23 OF THE STATE OF FLORIDA
4-
0
This Amendment to Interlocal. Agreement Creating The South Florida Workforce 2
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,
T
and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida,
LO
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pursuant to the Florida Tnterlocal Corporation Act, the Miami-Dade County Home Rule Charter,
0
and applicable federal and state laws and regulations. In consideration of the covenants,
E
0
conditions, mutual obligations and other good and valuable consideration, the parties hereto 0
4-
agree as follows: 0
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1. 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:
j. SFWIB members shall serve without compensation but
X
shall be reimbursed for necessary expenses incurred in the W
performance of their official duties upon approval in
writing by the [[N4iami-L)ak,-.-County--Manager5--or---4he
T-I-Ap
!>>Chief Elected E
Official of Miami-Dade County or the Chief Elected
Official of Miami-Dade County's &�ee<<. All of the
aforesaid expenses shall be reimbursed in accordance with
federal and state laws and regulations and Miami-Dade
.2
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 and public employees and Miami-Dade E
County ordinances and policies relating to travel expenses
and shall be submitted in writing to the [[Miainei-I)ade .2
C,c NA
or the Miami--Dade-County- Man agefis 0
de-signee]]>>Chief Elected Official of Miami-Dade County U)
or the Chief Elected Official of Miami-DadeQ�ns
E
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.
8 Packet Pg. 1803
C
_%<<ror tiplrroval or dwlial by the Chier uleo(od
Offimial of Mianii,,Dade CoujitY 01' tho Chief Rolected
0111ulal of Muili,Uido Coullty'H- do,11911eo,
4-
21 Paragraph 1(1)or Clio hiterloCol Aw-n-mont Creatijig'I'lic,South Florida Worldollee 0
Ww"Malent Board For Region 23 ortile State,of Florida is hon0y,,Amendud to rmid ti-9 follows:
;=1
1. The, SM13 Shall comply %vith the pro utvnvmt tuid expQ101,40 C
pr(;)odares rquinx.1 by federal law for the; expendituiv of k-deral Auul�-q, U)
To the extent not In conflict with -Ndenal JaW and dio SM13
shall comply with the proctu'c"nient laws Qod regulations or the 8tnto of
LO
Morlda which illay bo upplicablo to Minini-Dule Counky and L[VOI-4--tho
(AP -0iAla-an 00% HURIJI
04
0
-Lp
C
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3. Plaragraph 4 of the: Interlocal Agreennent Cn3athig Tho� South Florida Workfiomo
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Javvitrile-ut fluard For Region 23 ON110 State of Florida is hereby urn-ended to read a.9flo.Ilowq: 0
E
4 The mere bews of the SPWID uml ttie tuvxrtb(,,n,; of mly
Wee. 8 of(11Q81MB shall dwrll With tho,Qn1ployGON, pr
the adininistvallyo entity and 8FWJJ3 staff sololy fl-krouall
tho Exe-cutivo Director and &I no Suoh rim, WWI rive
C
ordors to tiny om �,4 of (lit, acO.WniNtrative. outtly or 2
-ployee x
SFWIB stfirf elther publicly OrpriVately, No ounployce of W
tho adnijilistrativo endt 'a
y or SIM13 sturrsliall re'spund to 01, C
Cu
undertfiko any ncdoi) to oomply with flay roquest by atly
C
-Such mQuibor Which violatou 0,10- provisions of Ifie 0
E
preceding 5enttnioe. Tli(- 1.3xouutive Director shall not 0
knowlugly allow ai sr, Ix 2
ly wilibor to dofil with any
elllpjoycq ur the admilaiqUative entity or SFWIB Staff In
Violation or the provislonq of" the Mgt Refire'nee, of tills
.2
Parflgral)h IK No nleu*er of the SIMIA or any monibc-1,
2
trl•`'any olowmitte; Oftho M - sli ll diC t r re(I Qst the
appointment. of€kny person to, or his or liar renioval fro,11
.C
0.01ce or empioyinent by theExemalvc Moctor or by tho i5
C
I'[Wanfl-Dtider!Gotulty-Millia pr]] 0
gf.A'f p_Q E
gty<< or by any subordinot of the 1'
the ENemitive Director of by 111)y tatbordinate off, tho C
of'M Wu1i,P40,-Q&1AY<< or I)EIrtiolpate in the appo In tilu"Ilt U)
or removal of offiwers and employoos of the (Wilihil'stra 0tivo W
e1t1U[yoruf8UW1B stotfnovshull (fit-, I.Necutivu Dire ) - 4j
ot(�r of C
the (f M hu rlWmlo,-C%)Li I Ity—Atfingo'r 0
1.1 >,>u1WLft E
6r 4ny niembor of.' ffic
t0min4araQw., entity or 0N4FWlB hAafforally malbordluvk�
9 Packet Pg. 1804
of ally of the l'onc goillg, twoude, to such direction or re-qugoL
Aq violation of Wiy ofthe provisions of thki Paragraph #4
by any Of tiro mvmbet-,,- Of tho 9FW(J3 or men-Lbers of any
SFWIB committee Shall wmuw tile remova) rojillwitll of 4-
mich member [Yow the SFWIB or tllQ S'VWJS COUIU11(10�0 or 0
bodi, as (Applicable, by oporatimi of Us haterlocal
Agreement
4. Paragraph 0 of the Interfoopi Agrecmeilt Creating '1110 South ,Florldu Wovldbr(.,(� C
.2
.T
tims(niont Board For Rogion, 23 orth-c State of Florida is lievo4y amanded to toad ass ('allows: >
LO
O This 111torlocal Agre(Maoiltqliali beC01110 COWIVO on March Ir-
CD
1,200 6, a flor i w, oxecuti oil by ft Chie f coted 0 fficia 18 ()f N
0
Mian-d-Dado, Comity a-ad Monroe County iuld Shall expire
oti June 30, [[2-0Qjj>>-2. Q C
,—j <e,, 13001 ClAcr Wactod 0
Officials bave been duly tuithorizod by their jv9poetivo E
Sovernijig bodies, (lie Board of Comity Commisalmlars of
Mitimi-Dado Counly and (110 Board Of Cow*
4-
Conulli,mionurs of Mon.= Coonty, to uxecute tljh-� 0
tatorloml Agreement lor and on behull' cif' Miaw!-Dado E
Coluity and Monroe(0111-11y, rospeodvely,,
C
TINS AMENOMEW".17 TO f1\1TBRLQC/-V, AUJUBIVIENT CREWUNO THR.SOUTH 2
x
w
'a
V T,Oft IDA WORKFORCJ--'r INWNTME NT.BOA.RD FOR It 11,0101\1 23 ("A',"ViR STATE,OF C
C
1�10RIDA IS ENTM.EW INTO ON 0
E
MIAN41-DADE ("'OUNTY
4Y
mayor
E
Date
2
0
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C
0
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10 Packet Pg. 1805
TIM AM END MIMPTO INTERLOCAL.AUREMINUNT CREATMUTHESOUTH
FLOW DA WORK FOR(T INV WSTMt,",NT130ARD FOR RE MON 23 OF THE STATES
4-
FLORMA IS FNTI,,'RFD INTO ON [IRMAM-Y OF' 0
MMROH C01JNTY
WITNUME'l-S.'
T
BY Lo
Mayor C14
0
Dr, �ity CleA
p
Date
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0
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x
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MONROE Q'OUNTY AITORMY
Packet Pg. 1806
p.3.d
AMIDADE
memorandum 00mo
bate: March 7, 2006
0
(n
To: Honorable Chairman Joe A. Martinez Agenda Item No. 12(A)�(5)
and Members, Board of County Commissioners
4-
From: George M.
County Ma
Subject: South F orlida Workforce Review and Restructuring
T
Recommendation LO
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CD
It is recommended that the Board of County Commissioners approve the attached resolution N
0
relating to the restructuring of the local workforce investment board for Region 23. It is also
recommended that the Board waive the requirements of Resolution No. R-377-04 with
respect to this Resolution and I nterlocal Agreement. E
Background
4-
Signed into effect on August 7, 1998, the federal Workforce Investment Act of 1998 (WIA) 0
was created as a comprehensive reform legislation to affect the federal job training programs E_
and to create a complete workforce investment system. To this end, the WIA has included
seven key principles as a basis to accomplish these tasks:
• Streamlining services through better integration at the initial contact point,
namely the One-Stop delivery system;
X
• Empowering individuals through financial information and support; W
• Creating.universal access to employment related services;
• Increasing accountability for state and local entities;
• Creating strong roles for local workforce investment boards and the private
E
sector;
• Allowing for state and local flexibility to tailor services based on local and regional
labor markets; and
• ,Improving youth programs as they relate to local market and community
programs and services needs.
Under the federal WIA, each state is mandated to create a State Workforce Investment
Board. Shortly after the enactment of the federal legislation, Florida created and passed the
Workforce Innovation Act of 2000. The Workforce Innovation Act created Workforce Florida,
E
Inc. and the Workforce Florida Board. Workforce Florida, Inc. monitors and oversees the <
administration of the state workforce policy, and all of its activities including designating local
areas, reviewing local plans, and the programs and services implemented by the local
boards. 0
U)
There are currently twenty-four (24) local areas or regions, in Florida. Within each region,
the federal WIA requires the creation of a Local Workforce Investment Board. The members
E
12 Packet Pg. 1807
Honorable Chairman Joe A. Martinez
and Members, or of County Commissioners
Page 2
0
of the local board are appointed by the chief elected official(s) under the stipulations set forth
by the governor and the Workforce Florida Board. 4-
0
Role of South Florida Workforce Board
The local board, in conjunction with the local chief elected official(s), sets the policy for the
portion of the statewide workforce investment system within the local area. The rold of the
local workforce board includes:
T
• Developing a five-year local plan and overseeing the one-stop system, youth >
employment, and training activities;
• LO
Selecting one—stop operators;
• Selecting youth service providers;• N
0
Developing a budget;
• Negotiating agreement on local performance measures;
• E
Collecting information to assist with the statewide statistical system;
• Promoting private sector involvement on the statewide investment system.
4-
The South Florida Workforce Board (SFWB) is the regional workforce board for Region 23, 0
E
which encompasses Miami-Dade and Monroe counties. SFWB assists employers and
prospective employees with employment services, labor market information, and provides
necessary training for the economically disadvantaged, youth, dislocated workers, individuals
transitioning from welfare to work, and refugees.
The SFWBs members represent a cross section of the private sector, local elected officials,
x
community based organizations, economic development agencies, private and public W
educational institutions, organized labor, public employment services, vocational
rehabilitation, public assistance and one-stop delivery partners.
E
The cities of Miami, Miami Beach, Hialeah, and Miami-Dade and Monroe counties have
entered into an interlocal agreement dated July 1, 2004 that continued the South Florida
Employment and Training Consortium Board (SFETCB). Each chief elected official has a
representative on the SFETCB, The liability structure of the interlocal agreement is divided
among the members based on the Consortium agreement. The liability allocation as per the
Consortium agreement Is as follows:
Miami-Dade County 42,2%
City of Miami 33.3% E
City of Hialeah 11,1%
City of Miami Beach 6.7%
Monroe County 6.7% 0
Total 100%
The purpose of the Consortium is to act on behalf of the local chief elected officials and
conduct the programs set forth in the federal Workforce Investment Act of 1998, The key
functions of the SFETC13 are: to appoint the SFWB members, serve as local grant recipient,
Packet Pg. 1808
13
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 3
0
designate the local fiscal agent; assume the financial liability in accordance with state and
federal law. 4-
0
The current members of the SFETC Board are:
South Florida Employment and Training Consortium
Municigallty Member Representatives (intergovernmental
Liaison Pffi2e Lsl T
Miami-Dade County George Burgess Tony E. Crapp, Sr.
County Manager Assistant County Manager LO
Joe Arriola, Chief N
David Rosemond 0
City of Miami Administrator/City Chief of Staff
Mana-qer
E
Jorge M. Gonzalez Mayra. D. Buttacavoli, Director, Human
City of Miami Beach
City Manager Resources and Risk Management
4-
Julio Robaina Frederick Marinelli, 0
City of Hialeah Director, Dept. of Grants & Human E
Mayor &_
Services
Thomas J. Willi Jerry O'Cathey
Monroe County County Administrator Community Services Division Director &
County Project Manager
X
W
The South Florida Workforce staff provides administrative support to both the FETC and the 'a r_
SFWB. Both boards are also responsible for selecting the Executive Director of the SFW,
who in turn reports to both parties. Prior to the current Consortium' agreement, the SF ETC E
and the SFW B had separate Executive Directors and staff. However these functions were
consolidated in the July 1,.2004 Consortium agreement.
.2
Status of South Florida Workforce
While the purpose of the SFW is to provide assistance to employers and job seekers in
Region 23, the governance of the organization is of some concern. There have been two
prior reviews of the SFW commenting on the overall lack of coordination and effectiveness of
the organization. The first review by the Public Policy Department of the South Florida E
Workforce mentions the two-organization format of the SFW. According to the study, this
structure has created an unclear division of labor, The review goes on to state that the .2
format of the SFW is contributing to the communication problems within the organization.
0
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The second study requested by the SFW was conducted by the Metropolitan Center of
Florida International University, This survey-based study also commented on the fragmented
communications within the SFW and mentioned the need for SFWB reform, specifically
within the areas of Board conduct, conflict of interests, and competence.
3
14 Packet Pg. 1809
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 4
0
In recent months, Workforce Florida, Inc. (WFI) has also expressed some concerns over the
South Florida Workforce Board and Consortium structure. In a letter dated December 14, 4-
2004, WFI questioned the ability of the Consortium to function properly with the existing 0
conflicts of interest between Board, Consortium and service provider activities, as well as the
responsibilities of staff to the Board, The WFI also has some reticence with regard to the
sharing of staff between the SFWB and the FETC.
In specific terms, the letter from WFI stated the perspective that: "Essentially we have
T
determined that there is one fundamental problem with the new governance design. It must >
be clear that the Board staff is answerable to the Board alone. While staff may be assigned
LO
to perform staffing functions for the consortium, it must be clear that the staff has
responsibility to provide the Board with true and accurate information, even if such
0
information reflects negatively upon consortium members. Concerns still exist at the state
level as to the ability of the board to complete its functions efficiently and effectively if the
staff is not only independent from those entities that deliver services, but also accountable
only to the Board. This is particularly true when some of the consortium members are also
service providers".
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0
Staffing conflicts arise when Board duties and Consortium duties are at cross purposes. E
There is the question as to whether the Board can fulfill its mandate effectively if staff also
reports to the Consortium. It is these issues that the President of the WFI feels will have a
continuing and lasting impact on the accountability, performance, financial oversight,
reporting accuracy and other operational functions.
X
In a recent meeting with the Office of the Mayor on June 24, 2005, the President of WFI W
specifically indicated that the issues that need to be addressed relative to SFW and SFTC
are as follows:
E
1, Selecting and firing authority far board staff being shared with agencies
performing contract work for the board is unacceptable; and
2, Local plans submitted by SFW must be followed in the transaction of local
,business.
.2
At the conclusion of this meeting the President of WFI, after considerable discussion with the
Mayor's staff, indicated his inclination to relax a proposed deadline of August 1, 2005 for
changes to be implemented and to work with the Mayor, as one of the Region 23 Chief
Elected Officials, in using this current budget year through June 30, 2006 to create a new,
acceptable structure that addresses WFI's concerns such that Region 23 can be chartered
and its FY 2005-07 Local Workforce Investment Plan approved.
Staff from my office and from the County Attorney's Office have been working with the SFW 0
U)
staff to address the issues raised by the studies and Workforce Florida Inc. In light of the
current concerns raised by the WFI, possible legal issues of the SFWB and the need to have
the possibility of other options available to the County, it is recommended that the BCC
approve the proposed resolution to restructure the local workforce investment board for
Region 23.
15 Packet Pg. 1810
V
411;;lmvq ion
Honorable Chairman Joe A. Martinez
,and Members, Board of County Commissioners
Page 6
0
-legislation applicable to Miami-Dade County boards, Including all state laws which will serve
to alleviate some of the immediate concerns regarding ethics breaches and conflicts of-
interest. 0
The Executive Director of the SFWIB will be selected by the SFWIB. The Executive Director
will be an employee of Miami-Dade County within the administrative service of the County
and may be removed in the discretion of the SFWIB. Both the Executive Director and the
staff of the SFWIB* shall be employees of Miami-Dade County thereby removing any
.T
sovereign immunity liabilities for staff. The Executive Director will be the Chief Operating >
0
Officer of the SFWIB and, as such, will implement the policies, decisions, actions and W
directives of the SFWIB. LO
0
The-staff of the SFWIB will implement the policies, decisions, actions and directives of the
SFWIB under the supervision and control of the Executive Director of the SFWIB to resolve
the issues that have been raised by the State WFI. E
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_4 0
Assista my Manager
X
888
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17 Packet Pg. 1812
M.3.d
•
WV--Or1k '.., .
urti�Aasttn.Presider
December28,2005
The Honorable Lu-xy H&WIdne,Chairman
South Florida Workforce
2
Mr,RickBeasloy,ElecutiveDirector
South Florida Workforce
7300 Corporate Center Drive LO
Suire 500
Miami,FL 33126
Dear Gentlemen: E
Workforce Florida Board of Directors charten regional workforce boarxis to insure that
the local recipients of federal funding am in compliance with federal and state law. In
December,2003,Workforce Florida determined ftud the administrative Mmeture.in o
Region 23 was not acc%table. All offm regions were rechartered in 2003 or curly 2004.
South Florida Workforce was provided specific instructions to bring their board into
compliance with the state board's requirements, 1he administrative staff asked for
patience and time to bring the board into compliance,noting that this large region was
experiencing many changes,including the changes of board chair,executive directors,
chief elected officials,etc. Staffalso noted the many program issues they were being
asked to address which related to the regional performance.
Workforce Florida has been patient,but the state board has W completed another period. �
of r"harteringand South Florida Workforce is one of only two regions that are not in
substantial compliance. The Workforce Florida Board voted to disapprove the 2005w
2001 plait as slib.-?itted by Solath Florida Workforce. Furthermore, the beard voted to �
instruct AWl and WFI staff to continue providing technical assistance to these regions so
that acceptable plans are submitted by February 1.,2006.Failure to coned the plan
problem would require state staff to propose an alternative for providing workforce �
services in the region and may require the state board to ask the County Commissions of
Mf uni-Dada and.Monroe Coimties to propose a new oversight entity for workforce
services.in south Florida,
1b eliminate any confusion,Workforce Florida notes the major deficiencies Sit the South
Florida Workforce plan includes
1. The Miami-DadelMonroe region is governed differentlythan any other local
board. The existence of ft consortium xe-dates the Workforce Investment
Act. The existence of the consortitun,per se, is not direedy the obtalo
18 Packet Pg. 1813
M.3.d
ca
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business. However,when.govements that are partners in the consortium
both°appoiumembem to the board and apply to do business with the board(as
serviceproviders)a conflict(percelved or real)occurs which is not is
acceptable to WwOorce Florida and is in direct conflict with the principle
enunciated by the Florida Legislature in section 445.007(5),Florida Statutes.
The Legislatureindicated the regional.boards are not to be direct service
providers�h order to"exerciseindependentovenight." Miami's arrangement,
with board staff providing services to both the board and the consortium
(whose members provide direct services)seems to blur the lines if not directly
czosab g them. In either event, the state board has found this practice to be U)
unacceptable and requires the members of the consortium to either
refrain from providing services or agree to exclude the consortium from
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decisions relating to board appointments and all other decisions of direct
cibufficG Yt addition,staffselectiou decisions(itxcluding hiring and firing cv
of the executive director)must be left exclusively to the regional e
0
workforce board. Your inter4ocd agreement will also have to be
changed to insure the independent oversight capability of the workforce
board. In order to faciiltate such changes our office has been and will
continue to be in direct contact with Mayor Alv 's Office to matte the
necessary modifications to the liter-lord agreement.
0
2. The appointment of board members is dramatically behind. This office has
been in direct conversation vOth Mayor Alvarez's office and notes both the
great coopeiration m have had from his office and the progress that has been
made in mov*board appointmeots forward. Nevertheless,as reported to the
state board,duce to the various local consortium members 3a theregion,South
Florida Workforce has 13 vacancies from its 45 member board. An additional �
17 members are sitting in seats whose terms have expired. Most of the terms
expired almost 18 moiths aga. `l'he failure to appoint board members and to
peep up with the appointment process has resulted in a board without a
majority of business members making decisions over tens ofmillions of
dollars,counter to the wishes of the Congms and the Legislature. The state
board requires South Florida Workforce work with its local appointing
authorities to bring the board into compliance with state and'federal
laws.
Please work with Helen Jones and Mike Switzer of my staffto address these issues.
Respec�fpy,
E
Curtis C.Austin
c
rc: ; he Honorable Carlos Alvarez,Mayor of Miami Dade County
The Honorable Chary"Sonny"McCoy,Mayor of Monroe County U)
19 Packet Pg. 1814
M.3.d
. `� qua �. ;«....�'r:.e FB��`�•�yY ,e.'m+ P � K� g a
ja•°.:is t t a..,`sF�,',�.;;4: '[...,j ¢t 1`,���rr,W} �
WorIr (2
F e• i '•p �4!`e 4)
a , c Curds Austin,President U
' 4 ^ e t3
4 + �
January 27,2006
The Honorable Carlos Alvarez,Mayor The Honorable Charles"Sonny"McCoy,Mayor
Miami-Dade County Monroe County T
Stephen.F.Clark Center,29"Floor 503 Whitehead St. �
Miami,FL 22128 Key West,FL 33040
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Dear Mayor Alvarez and Mayor McCoy. cv
Florida's workforce system is governed by federal and state laws that require Workforce Florida
Inc. (WFI) Board, as the state board, to charter Regional Workforce Boards (RWBs). Thy
chartering process gives the RWBs authority to design, direct and oversee workforce local
services,receiving and distributing federal and state funds to local service providers.
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The essential elements to be recognized as a Regional Workforce Board and entitled to 0
continuing charter status are set out in the federal Workforce.Investment Act,the state Workforce
Innovation Act of 2000, and the policies adopted by the Workforce Florida Board of Directors.
Due to expiration of previously approved 5-year plans effective June 30, 2005, and some new 0
federal and state requirements,WFI directed all 24 current RWBs to submit new/continued 2-year
plans and document continued compliance with RWB membership and other
structural/governance requirements by September 30, 2005. All submissions were reviewed by
state staff and submitted to the WFI Board of Directors meeting on December 1, 2005. Most
current RWBs were granted continued charter status outright, with some given contingent
approval to be finalized when some minor unfinished tasks were completed,such as appointment
of a few Board vacancies.
0
The WFI Board declined to approve even contingent charter status for RWB 23 for non-
compliance issues, noting that RWB 23 had not been fully chartered since 2002 due td similar
shortcomings. Although funding had not been previously discontinued on the premise that the
RWB was "in transition" and working on correction of deficiencies, at the December 1, 2005
meeting, the WFI Board unanimously voted to withhold charter status and terminate funding to
- the current RWB 23 Board if`ciitical elements were notVbVg'h1 I#fto compliar ce by Febr`uaryI, n
2006, The state board also directed WE staff to arrange for an alternative entity to be designated
to receive workforce funds and arrange for continuity of services to the citizens of Miami-Dade
and Monroe Counties.
0
The critically non-compliant elements identified at the WFI Board meeting and further explained
in a December 28,2005 letter from WFI CEO Curtis Austin,were than
* The Region 23 Board needs to provide that the Executive Director of the RWB Board
must be hired by and accountable to the RWB Board; U)
+ Conflicts of interest,actual and potential,be eliminated so that the counties would not be 0
exercising both oversight authority and providing direct public workforce services funded
through WFI; and 0
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1974 ComrwnweaUh Lane-Ulahassee,Florida 3 30. - -Phmw(85 ) -1119-Fax(850) 2 - 101 Packet Pg. 1815
M.3.d
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• Appointments be made to the RWI3 Board to comply with mandated statutory categorical
representation,
In early January, a draft revised Interlocal Agreement was submitted to WFI which would
substantially revise governance, reconstitute the RWB, and eliminate some noted conflicts of 0
interest involving board members. The draft substantially reduced potential for conflicts of
interest by private,sector members of the board. However the initial draft did not satisfactorily
resolve the issue of board staff supervision or potential conflict at county»level. As a result of
further dialogue between WFI staff and RWB/county staff,a meeting was held in Tallahassee,on
Monday, January 23, involving WFI President Curtis Austin, WFI staff, RWB Executive. g
Director Rick Beasley, Senior Mayoral Advisor Luis Gazitua, Assistant County Attorney Peter T
Tell and Assistant County Manager Tony CrapP (by telephone). The group did a line-by-line
review of a revised draft Interlocal agreement. Other than suggesting some minor language LO
refinements/edits,WFI staff expressed satisfaction that the language in the January 23 document
complied with requirements regarding appointment/supervision of the RWB Executive Director
and prohibiting the counties from directly providing public workforce services with' funds
received from/through Workforce Florida,Inc. --
WFI staff also approved the general outline of intended categorical appointments to the RWB
Board(not intending to approveldisapprove specific individuals.) While noting that the proposed
Interlocal Agreement was drafted in consultation with staff of both counties,it is understood that
it has not yet been formally adopted by either county, nor have any proposed board member
appointments/reappointments been made, WFi,staff approval is contingent upon formal adoption 0
by both counties in its current form,and WFI staff would recommend contingent chartering of the
reconstituted RWB at the next WFI Board meeting on February 16, 2006, and not directing
funding to an alternate recipient,if the draft Interlocal agreement is adopted.
To allow for transitional activities, WPI staff intends to recommend that the*contingent re-
chartering of RWB 23 take effect March I, 2006 (if the agreement is adopted), with WFI staff
monitoring completion of the transition and appointment of full board membership before
notifying RWB 23 of full charter status,with a report back to the WFI Board at its next meeting
in May,2006,
This has been a difficult charterin re-charterin process articular) for those most en
i;l $P particularly gaged in
Miami-Dade and Monroe counties. And it has been a high priority for the WFI Board and staff
due to the significance of your two counties to the state's overall workforce program, however
considerable progress has been made in recent weeks, and we are on the verge of seeing
resolution in a way that we hake will also improve seMees.:to the.citizens of Dade and Monroe..' . ..,_
counties,a goal we all share.
Sincerely,
Curtis C.Aus
cc: K erine Wilson,Chair of Workforce Florida o
fck)Beasley,Executive Director,RW13 23
san Pareigis,Director,AWI
ony Crapp,Assistant County Manager,M«D County
Michael Switzer,VP for Programs/Performance,WFI
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21
Packet Pg. 1816
M.3.d
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,•.. "aft.r, �
Wor-k 'Ve.-
Katherine Wltsan,Vhatrman
1lP.' 4Win,Pra'sident
e
t .X
FdOruiary 20,2006
.2
The Honorable Carlos Alvarez,Mayor 'f he Hon0ra%0 Charles"'Sonny"1vMeC`oy,Mayor �
3[vti 71)4.y Mcn 00 County
111 N.W. 1st St,Stc.2910 303 Whitehead St. LO
Miami,I+Z 13120. Toy bleat, .3040 cv
0
Dear Mayor Alvarez and Mayor McCoy: E
04'f I I4 ii Y3 February' 16,2000i the WUazl ONO Fldricla;Ii e; l)Board.of Direetors Wt cl to
authorize the President of Workftce Florida to approve it dh9rter for ReeiOn 23, provided the
now interlocal agr . , ent has hem adopted in the fozm approved and appointments to the beard
havo beefs trade by With 1,2,006,cotitirigeat on seveiul 160y tasks boing complow by that ditto, �
namely approval akid a cutiou of the'ndw Ioteileal Agreement(ILA)bli Nth Dade arid Mtsiiroc
Boards pf 61u 4y- & 'ssiouors, and appolutments of tho statutorily required RWB Board
members ao that they can ea,omise anthMtyy over wor-Voree pro • ins and funds as oftliat date.
Itt order to avoid disruption of services to the'citi ezts of bade and Monroo Counties, the WFI
Board 4irected WFI staff to arrange for discohtnuation of workforce funding flowing tolthroug�
the cu" t R . Bond(*Wh has nut heed compliadt sinoe 2002), and desigfitttiiiit of 4 state
agent to take policy aid funding responsibility for to al wakfowe funds until the udw beard is.
faliy approved and appointed try 1pcgl action, ascd on a n�emher motion at the February 16,
2006i Mooting, the WO lWid also directed chat a W. " audit be cri'6rmmcid as of M4&h 1, E
2006, 0 elearly identify assets,liabilitles,obligations and a#iy . eial proiilen5s at tlia�pcit�tt.so
that the outgoing It ,tho now O"the relevant local elected officials,the state and th"o public
are fully informed of the true status of fimues and operational issues as of the "change of
$ Quo,"
Staff of WFI has been advised that the new ILA has been t nanir ioecsly and f atly approved at a
p0412a mooting of tho Roaroo Comity Board of Ctiurity Cornrlissimers, and 411 be duly
signecUetcecutdd prat t{ttly acid a copy provide to WFI. staff lad previolt'sly reviewed the
content of the new ILA and found that it satisFicd the long-standing concerns anti fated Oy the E
WPI Board regarding seleetion/supervision of Iloard exeeutivc staff, inherent and potential
convicts cif interest for ontitiestindividuals exerelsing both piilicyloversi& roles while also
receiving workfotpe funds to provide direct services. We understand that the identical now IiA
will be prosentO to the ipmj Dade County Board of County Commissioners on Tuesday, 0
February 21, 2006, for approval and execution. Then puisuaut to the terms isf the new R A.¢
1974 Coy!pppweattl Lane - Typghaave�'Rorida j2jO1 -Ppng(850)9.�1-1119 -Rax(859)9?I-lj01
22 Packet Pg. 1817
M.3.d
ap Ointments to the newly constituted RWB Board will be made by both cotmt%s,and that board
will ihen he ready to assume authority apd conduct business a ffeetive 1i 1, 1606, with its
104gt l 01eetWk t.0 lee e00 0 soon.4fte -at data:
ht orde0 to cl� current status, it Is absolutely essential for the am.ILA. to be approved in
adiront f6it by 06 Board•of Cb ty C . • II* at totnorrdVa ttioatilig,
DefWal 6f 40tlo 9;Odd##94 of au'II.A that is.rabstatitiltll�r diM?topt ism that apptoVed tiY the
Monroe Bt,ICC will result in l$ 23 not having a phatterod Rogioml wbrkrome i3044 and
triggering the"reeeiversbip"option directed by the WFI Board which may thexplftsr lead to the
potential ccrosoll4 ivii of t#io R�VI3 3 v�►itli a ehsrtered Workforce Rosido. WFI staff no
authority or discretion to offer on.extosion for iocal action,but will follow the directions of-the
I�Ggrd to arrange for an alternative ftw.cliing approval process. Veriforce Florida will emm g
thet seivlees to the rosiftts of MINUI Dade and Monroe CQt 40a will nit be iztt .igted by the �
assiggAdOt of adjffltrtstratiyo Osponsibilities.
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Assuming that favorable action is tahen.on the new ILA.by the ll+f iamiDads BQ0Cj then.the feral
major stop is s" oinimeht of merribe* to cot#stitgtc the 4dW RWB Board of Dlt�ptots. A.t the
request of lOstaff, WFI• staff has reviewed the roster of intended appointees for legal
sufficiency in terms ofrnandated representatives,percentage requirements and other proyisions of
few and state low jeg4dii?g such bdarils: s does no't and wax aplitove,•di Oprove
or exomis an opinion on the specific imlividttals to be appointcd.4 but limitod our examination to
the compliance with the required categories: As such wo it d that fife tentative aster submitted
fOr revieiw in aor ipliance with all fed.&41 said state roquikhofits.
E
This•summary of past developments and current status is offered to clarify tasIm at hand and �
reiterate the importance of timely eompletinn of the laaal tasks needed fvr elf chartering of a
Itegloti Wt?xkftiice Bo ld fcir Miami-Bade and Momdq coiiiities.
Please feel free tq contact me or my stag for any further clegification as needed, We have been•
d Ontinue tit be Willing to assist with these local tasl�s,but g that we must do so-within
the patmetots of the ovomight:topansibility of the state Board and in compliance with its direct
orders,
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iitcetely, E
Curtis .Austtti, �
Co. I4Ih.. ` e Wilson,Chakman,Workforce Florida
Rick easleyt ftecutiye Director,South Fick Workforce Board
Luis `tua,Senior Advssor to.Mayor,Alvarez
Susan Porgy igis,Director•,Agency for WO ee Inn®vation 0
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28 Packet Pg. 1823
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MEMORANDUM
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(Revised) 2
TO: Honorable Chairman Joe A.Martinez DATE: March 7, 2006 0
and Members,Board of County Commissioners 2
4A. 0
"Yrra A. eenbe g SUBJECT: Agenda Item No. 12(A)(5) T
I /FROM; 4� >
(7y Attorney
County
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0
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Please note any items checked.
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0
114-Day Rule"(113-Day Rule" for committees) applicable if raised E
6:eks required between first reading and public hearing
4 eeks notification to municipal officials required prior to public
hearing
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Decreases revenues or increases expenditures without balancing budget
Budget required
E
Statement of fiscal impact required
Bid waiver requiring County Manager's written recommendation
o
Ordinance creating a new board requires detailed County Manager's
report for public hearing
Housekeeping its (no policy decision required)
E
V/ No committee review
o
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IV Packet Pg. 1824
I
Approved M:4vnr Agenda Item No. 12(A)(5)
Veto 03-07-06
Override 0
RESOLUTION NO.
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RESOLUTION APPROVING INTERLOCAL AGREEMENT
WITH MONROE COUNTY CREATING THE SOUTH
FLORIDA WORKFORCE INVESTMENT BOARD FOR
REGION 23 OF THE STATE OF FLORIDA; AUTHORIZING
AND DIRECTING COUNTY MANAGER TO IMPLEMENT .2
.T
AGREEMENT; AUTHORIZING MAYOR OF MIAMI-DALE >
COUNTY TO EXECUTE AGREEMENT, EXERCISE
PROVISIONS OF AGREEMENT INCLUDING,TERMINATION LO
PROVISION THEREIN; WAIVING REQUIREMENTS OF C14
RESOLUTION NO. R-377m04 0
WHEREAS, this Board desires to accomplish the purposes set forth in the E
accompanying memorandum,a copy of which is incorporated herein by reference,
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0
NOW, THEREFORE, BE IT RE SOLVED BY THE, BOARD OF COUNTY E
COMMISSIONERS OF MIAMI-DADS COUNTY, FLORIDA, that this Board approves the
Interlocal Agreement Creating the South Florida Workforce Investment Board for Region 23 of
the State of Florida, in substantially the form attached hereto and made a part hereof, and X
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authorizes and directs the County Manager to implement same for and on behalf of Nfiami-Dade
County, Florida and authorizes the Mayor of Miami-Dade County to execute same for and on E
behalf of Miami-Dade County and to exercise all the provisions contained therein, including the
termination provision,, for and on behalf of Miami-Dade County, Florida, Upon the
recommendation in writing of the County Manager, the requirements of Resolution No. R-377-
04 are hereby waived pursuant to Section 4 of said resolution.
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MOW$O
30 Packet Pg. 1825
Agenda Item No. 12(A)(5)
Page No. 2
0
The foregoing resolution was offered by Commissioner who
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moved its adoption. The motion was seconded by Commissioner 0
and upon being put to a vote,the vote was as follows:
Joe A.Martinez, Chairman .2
.T
Dennis C.Moss,Vice-Chairman >
Bruno A.Barreiro lose"Pepe"Diaz 0W
Audrey M.Edmonson Carlos A. Gimenez LO
Sally A.Heyman Barbara I Jordan
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Dorrin D.Rolle Natacha Seijas 0
Katy Sorenson Rebeca Sosa
Sen.Javier D. Souto E
The Chairperson thereupon declared the resolution duly passed and adopted this 7th day 4-
0
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of March,2006. This resolution shall become effective ton(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.
MIAMI-DARE COUNTY,FLORIDA
BY ITS BOARD OF COUNTY x
W
COMMISSIONERS
HARVEY RUVIN,CLERK
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Approved by County Attorney as By:
to form and legal sufficiency, Deputy Clerk-
.2
Peter S.Tell
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31 Packet Pg. 1826
INTERLOCAL AGREEMENT CREATING THE
0
SOUTH FLORIDA WORKFORCE INVESTMENT
BOARD FOR REGION 23 OF THE STATE OF FLORIDA 2
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0
This Interlocal Agreement is made and entered into by and between the Chief 2
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
T
Florida, pursuant to the Florida Interlocal Cooperation Act, the Miami-Dade County
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home Rule Charter, and applicable federal and state laws and regulations. In Q
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consideration of the covenants, conditions, mutual obligations and other good and
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valuable consideration,the parties hereto agree as follows:
I. The Chief Elected Officials who have executed this Interlocal Agreement have 4-
0
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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
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Workforce Investment Board (hereinafter sometimes referred to as the"SF ").
The SF WIB shall be a separate public body, corporate and politic, and a
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0
governmental agency and governmental instrumentality of both Mi'ami-Dade 2
County and Monroe County, The SF shall be a governmental body in all
.2
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 E
States.
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a. The SFWIB shall have the power to sue and be sued, to plead and to be U)
impleadod, to contract and be contracted with, to enforce contracts and
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ql�I
32 Packet Pg. 1827
agreements, to accept grants, gifts or other resources,, to engage an
0
independent auditor, to have an official seat and alter same, and to incur
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tort liability to the extent permitted by Section 768.28, Fla. Stat, The 0
2
SFWIB may exercise all of the powers specifically granted herein. Except
as limited in this Interlocal Agreement,the SFWIB shall exercise all of the ;=1
powers granted to Local Workforce Investment Boards by the Workforce T
Investment Act of 1998, as amended ftom time to time, and Chapter 445,
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Florida Statutes, as amended from time to time. Nothing herein shall be 0
construed to limit or affect, in any way, the laws relating to sovereign
E
immunity, Section 768.28,Florida Statutes,with respect to the SFWIB.
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b. The Executive Director of the SFWIB shall be selected by the SFWIB, E
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
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discretion of the SFWIB. The Executive Director shall be the Chief
Operating Officer of the SFWIB and, as such, shall implement the E
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
E
implement the policies, decisions, actions and directives of the SFWIB
under the supervision and control of the Executive Director of the SFWM. 0
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CAWMIUMDOC 2
33 Packet Pg. 1828
d. Legal counsel for the SFWIB shall be the Miami-Dade County Attorney's
0
Office. With the approval of the Chief Elected Official of Miami-Dade
4-
County, the SFWIB may from time to time engage special legal counsel 0
for specific legal matters.
C. 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 T
to time, and such other officers as may be deemed necessary and LO
appropriate by the SFWIB. All such officers shalt serve in office for a 0
term not to exceed two years. No such officer shall serve more than two
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terms in office or four years, which ever is less. The chairperson shall
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serve as the presiding officer at all meetings of the SFWIB. E
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, X
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operating procedures, and by-laws of the SFWIB shall comply with the
applicable federal,state, and local laws,ordinances,and regulations. E
91 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 sitbJect to the jurisdiction of the Miami-Dade County Commission
on Ethics and Public Trust and the Office of the Miami-Dade County
E
Inspector General.* SFWIB members, the Executive Director of the
SFWIB,the staff of the SFWIB and members of any and all committees of 0
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the SFWIB shall comply with the Miami-Dade County Code of Ethics W
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CAMPS7Lt142MC 3
34 Packet Pg. 1829
Ordinance, Conflict of Interest Ordinances, Lobbyist Registration and
0
Reporting Ordinances, and the Citizens' Bill of Rights. The SFWIB and
its members,the Executive Director of the SFWIB,the staff of the SFWIB 0
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 LO
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person of any kind shall be undertaken by the SFWIB,any member of the 0
SFWIB acting as such or any staff member of the SFWIB acting as such
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except by making legislative requests as a board to the Miami-Dade
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County Office of Intergovernmental Affairs as required by Miami-Dade E
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
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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 E
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
E
SFWIB who are physically present in the, public meeting room or other
place of the public meeting shall constitute a quorum necessary for taking
0
U)
0
any action at the public meeting. Notwithstanding any provision of State W
E
01W"nW142.DX 4
35 Packet Pg. 1830
or federal law, only appointed members of.the SF WlB or appointed
0
members of a committee of the SFWIB who are physically present in the
4-
public meeting room or other place of the public meeting shall be 0
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 LO
public meeting and who, nevertheless,participates in such public meeting, 0
or takes any action at such public meeting or votes at such public meeting,
E
while not being physically present in the public meeting room or other
4-
0
place of the public meeting, shall automatically, by operation of this E
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. X
W
SF B members shall serve without compensation but shall be
reimbursed for necessary expenses incurred in the performance of their E
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
E
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
0
U)
0
conformance with state law relating to travel expenses of public officers W
E
CAM87W142.110c,
36 Packet Pg. 1831
and public employees and Miami-Dade County ordinances and-policies
0
relating to travel expenses and shall be submitted in writing to the Miami-
4-
Dade County Manager or the Miami-Dade CountylvIanager's designee for 0
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 aT
composed of members in such a manner as to meet the requirements of LO
State and federal law. The number of members of the SFWIB and the 0
composition of the SFWIB shall be determined by the Chief Elected
E
Official of Miami-Dade County in accordance with the criteria set forth in
4-
0
State and federal law. Members of the SFWIB shall serve at the pleasure E
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
X
W
greater than two years. SFWIB members may be reappointed by the Chief
Elected Official who appointed the SFWlB member. Any SF WlB E
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 SFWD3 member. The Chief Elected Official of Monroe
E
County shall appoint two of the private sector members of the SF WlB and
the Chief Elected Official of Miami-Dade County shall appoint all of the 0
U)
0
other members of the SFWlB. Representatives of businesses appointed to W
E
C-UPAPSM144DOC 6
37 Packet Pg. 1832
the SFWIB by the Chief Elected Official of.Miami-Dade County or by the
0
Chief Elected Official of Monroe County shall not include representatives
of businesses which are providers of public workforce services with ds 0
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 T
Monroe County shall automatically forfeit membership on the SFWIB if LO
the business so represented provides public workforce services with funds 0
provided through or from Workforce Florida, Inc. during the
E
representative's period of membership on the SFWIB. The Chief Elected
4-
0
Official of Miami-Dade County may, solely in his or her discretion, from E
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 SF WB by the Chief Elected Official of X
W
Miami-Dade County.
L The SF WlB shall comply with the procurement and expenditure E
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
E
applicable procurement ordinances, administrative orders, and policies of
Miami-Dade County. 0
E
c,i1YhPSAV42.D0C 7
2/7
38 Packet Pg. 1833
in. The County Manager of Miami-Dade County and the administrative
0
service of Miami-Dade County is hereby designated as the local fiscal
o
-
agent for Region 23 of the State of Florida. 0
2
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 aT
Region 23 of the State of Florida and shall be liable for any misuse of the LO
grant funds allocated to Region 23 of the State of Florida under Sections 0
128 and 133 of the Workforce Investment Act of 1998, as amended from
E
time to time.
4-
0. The administrative entity for all Workforce Investment Act' TANF, and 0
E
other workforce programs implemented by the SFWIB 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 X
W
the SFWIB, shall serve the SFWIB under the supervision and control of
the Executive Director of the SFWIB and shall implement the policies, E
decisions, actions and directives of the SFWIB under the supervision and
control of the Executive Director of the SFWIB,
p, In order 'to exercise independent oversight, Miami-Dade County and
Monroe County, respectively, agree that Miami-Dade County and Monroe
E
County shall not be a direct provider of public workforce services with
funds provided through or from Workforce Florida,Inc. 0
U)
E
8 7IT"
39 Packet Pg. 1834
2. Monroe County and Miami-Dade County -hereby agree to assume financial
0
liability for any misuse of grant funds in accordance with State and federal law:
4-
Monroe County agrees hereby to assume 6.7% of any financial liability for any 0
misuse of grant funds; Miami-Dade County agrees hereby to assume 93.3% of
any financial liability for any misuse of grant funds.
.2
3, Each Chief Elected Official for and on behalf of their respective jurisdiction T
agrees hereby to promptly contribute to.any SFWIB financial liability or any other LO
N
financial liability incurred under this Interlocal Agreement as follows; 0
a. No liability of any kind arising out of this Interlocal Agreement shall be
E
paid by the SFWIB or by SFWlB staff or by the administrative entity or
4-
0
by either of the parties to this Interlocal Agreement unless ordered by a E
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
W
be construed to waive any rights of the SFWIB or the parties hereto to
seek legal or administrative relief from any such liability. E
b. Tort liability incurred by the SFWIB or incurred by any member of the.
SF WlB or an member of any committee of the SF 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
E
lawful-acts authorized or required by this Interlocal Agreement shall, to
the extent permitted by Section 768.28, Fla. Stat, be solely the 0
U)
E
CAMMSA4141DOC 9
40 Packet Pg. 1835
responsibility of the SFWIB and does.not and shall not constitute the tort
0
liability of the parties hereto or their respective jurisdictions,
4-
In the event such tort liability is so incurred by any of the foregoing 0
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 T
93.3% from Miami-Dade-County, all of which contributions for a,single LO
It-
tort liability claim when aggregated together shall not exceed the limit for 0
a single tort liability claim as set forth in See,768,28, Fla. Stat.
E
c.
Costs and other expenses disallowed by the State or federal government or
4-
0
by the SFWIB with respect to contracts between the SFWIB and Monroe E
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 X
W
authorize the SFWIB to be a direct provider of intake, assessment,
eligibility determinations,or other direct provider services. E
& 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
E
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 0
U)
E
10
41 Packet Pg. 1836
the following percentages: Monroe County- 6.7%;Miami-Dade County-
0
93.3%.
4-
3, Nothing in this Interlocal Agreement shall be construed to impose personal 0
financial liability of any kind upon any Chief Elected Official. Nothing in this
Interlocal Agreement shall be construed to waive sovereign immunity in tom.
except to the extent permitted by Sec. 768.28,Fla. Stat.
T
4. The members of the SFWIB and the members of any committees of the SFWlB LO
N
shall deal with the employees of the administrative entity and SFWIB staff solely 0
through the Executive Director and no such member shall give orders to any E
employees of the administrative entity or SFWIB staff either publicly or privately.
4-
0
No employee of the administrative entity or SFWIB staff shall respond to or E
undertake any action to comply with any request by any such member which
violates the provisions of the preceding sentence. The Executive Director shall S
not knowingly allow any such member to deal with any employee of the X
W
administrative entity or SF WfB staff in violation of the provisions of the first
sentence of this Paragraph A, No member of the SFWIB or any member of any E
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 .2
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
E
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 0
U)
0
Manager or any member of the administrative entity or of SFWIB staff or any W
E
CNITIPSIUMDOC -3
42 Packet Pg. 1837
subordinate of any of the foregoing accede to-such direction or request. Any
0
violation of any of the provisions of this Paragraph#4 by any of the members of
the SFWIB or members of any SFWlB committee shall cause the removal 0
forthwith of such member from the SFWIB or the SFWEB.committee or both,.as
applicable,by operation of this Interlocal Agreement.
5. Notwithstanding any provision of this Interlocal Agreement, the SFWIB shall not T
engage in any activities of any kind unless permitted to. be carried on by an LO
It-
CD
N
organization eligible to exclude income under Section 115 of the Internal 0
Revenue Code of the United States and contributions to which are deductible
E
under Section 170(c)(1) of the Internal Revenue Code of the United States.
4-
0
Notwithstanding any provision of this Interlocal Agreement, the SFWIB is E
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 X
W
this Interlocal Agreement, no part of the net earnings of the SFWlB shall inure to
the benefit of or be distributable to the officers or members of the SFWIB or any E
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
E
any kind whatsoever, shall be forthwith transferred, delivered and conveyed to
Miami-Dade County for exclusively public purposes. Notwithstanding any 0
U)
0
provision of this Interlocal Agreement, the SFWIB shall only exercise essential W
E
CAW"37Wj41?.WC 12
43 Packet Pg. 1838
governmental functions on behalf of and accruing to the State of Florida or any
0
political subdivision thereof. Notwithstanding any provision of this Interlocal
4-
Agreement, the Chief Elected Officials and their respective jurisdictions who are 0
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, T
duties, or responsibilities of the SFWIB, Notwithstanding any provision of this LO
N
Interlocal Agreement, all assets and income of the SFWIB shall accrue to the 0
Chief Elected Officials in their official capacity and their respective jurisdictions E
who are parties to this Interlocal. Agreement, Notwithstanding any provision of
4-
0
this Interlocal Agreement, the SFWIB shall provide-an annual report, including E
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 X
W
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 E
to this Interlocal Agreement.
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
E
been duly authorized by their respective governing bodies-, the Board of County
.2
Commissioners of Miami-Dade, County and the Board of County Commissioners 0
U)
E
CAUMM14200C 13
44 Packet Pg. 1839
of Monroe County, to execute this Interlocal Agreement for and on behalf of.
0
Miami-Dade County and Monroe County,respectively.
7. 4-
Upon, expiration of this Interlocal Agreement, the SFWIB shall be deemed 0
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 T
promptly paying or adequately providing for the debts and obligations of the LO
SFWIB,all monies,properties,assets,and rights,of any kind whatsoever, shall be 0
forthwith transferred, delivered and conveyed to Miami-Dade County for
E
exclusively public purposes. This Interlocal Agreement may be renewed in
4-
writing upon execution by both the Chief Elected Official of Miami-Dade County 0E
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
W
Commissioners of Miami-Dade County and the Board of County Commissioners
of Monroe County. This Interlocal Agreement and any renewals or amendments E
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,
.2
8. This Interlocal Agreement may be amended by the parties hereto, from time to
time, during the term of this Interlocal. Agreement or any renewals thereof, upon
E
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
0
such written amendment shall be effective until both Chief Elected Officials have
E
14 <
45 Packet Pg. 1840
been duly authorized by their respective governing bodies, the Board of County
0
Commissioners of Miami-Dade County and the Board of County Commissioners
of Monroe County, 4-
0
9, The Chief Elected Official of Miami-Dade County and the Chief Elected Official
U_
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 aT
accordance with the conditions set forth below: LO
a. The notice of termination shall be received,by the other Chief Elected 0
Official not later than sixty (60) days before the end of the current
E
Workforce Investment Act fiscal year.
4-
b. The terminating party shall not be deemed released from any current or 0
E
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.
X
W
C. Upon the effective date of termination set forth in the termination notice
described in a. above,the SFWlB shall be deemed dissolved and no-longer E
in existence.
E
0
U)
yy
CAWPV'nW142!.D0C
4 65 Packet Pg. 1841
ca
THIS INTERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF:
0
4-
MIAMI-DADE COUNTY 0
WITNESSES:
BY
Mayor T
Deputy Clerk
LO
C14
Date 0
E
4-
0
E
w
E
C.&PIAM141DOC 16 -3 <
47 Packet Pg. 1842
0
THIS INTERLOCAL AGREEMFNT IS ENTERED INTO ON BEHALF OF:
4-
0
MONROE COUNTY
WITNESSES:
Mn
BY >
Mayor
Deputy Clerk Lo
C14
0
Date
E
4-
0
E
w
E
E
0
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17
48 t Packet Pg. 1843
OFMCIALTUX COPY
CLEWC ON TYR.HOMM
or COUNTY COMMISROAMSUR,
WAM-DADE,C0107nT,FLORIDA
MEMORANDUM
Agenda Item No. 14(A)(24)
0
TO: Honorable Chairman Jean Mones time DATE: July 19,2016
and Members,Board of County Commissioners 0
0
FROM: Abigail Price-Williams SUBJECT: Resolution retroactively
County Attorney approving and authorizing the
County Mayor to execute the
Renewal,Extension and Second wo
Amendment to the Interlocal
Agreement between Miami-Dade
County and Monroe County that 0
created the South Florida 0
Workforce Investment Board for
Region 23 of the State of Florida,
ratifying certain Board actions;
renewing and extending the or-
Board until specified date,
updating terminology related to
the Board,including renaming
the South Florida Workforce
Investment Board for Region 23 c4
of the State of Florida to the
2%
South Florida Workforce
Investment Board for Workforce
Area 23 of the State of Florida S
Resolution No. R-746-16
E
The accompanying resolution was prepared by the South Florida Workforce Investment Board
and placed on the agenda at the request of Prime Sponsor Commissioner Barbara J. Jordan.
X
U)
2
r
Abigail Price-William
0
County Attorney
APW/cp
E
Packet Pg. 1844
MIAMFMDAJDE
Memorandum on
Date: July 19, 2016
0
To: Honorable Chairman Jean Monestime 0
and Members,Board of Cou missione
From: Carlos A. Gimenez
Mayor
Subject: Resolution Retroactively Approvin and Authorizing the Execution, Renewal and
0
Extension to the Second Amendment to the Interlocal Agreement that Created the South
Florida Workforce Investment Board for Region 23- of the State of Florida and
Consistent with New Terminology in the Workforce Innovation and Opportunity Act of
2014, Renaming the Board to the South Florida Workforce Investment Board for 4-
Workforce Area 23 of the State of Florida 0
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 retroactively
approves and authorizes (a) the Mayor or Mayor's designee to execute the renewal, extension and
Second Amendment to the Interlocal Agreement with Monroe County that created the South Florida
Workforce Investment Board (Second Amended Interlocal Agreement) for Region 23; (b) extends
the term of the current Interlocal Agreement through June 30,2020; (c)ratifies certain board actions;
(d) fulfills the requirements of the Workforce Innovation and Opportunity Act of 2014 (WIOA) N
Section 107(c) (1) (B) to have an executed agreement between the Chief Elected Officials for the N
workforce development area; and (e) consistent with new terminology in the Workforce Innovation
2%
and Opportunity Act of 2014,renames 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. The first Amendment to the Interlocal Agreement between Miami-Dade County
and Monroe County that created the SFW]13 expired on June 30, 2016. Approval of the attached
resolution and agreement will extend the term of the Second Amended Interlocal through and
E
including June 30, 2020. Additionally, the amendments to the Second Amendment are included in
the accompanying attachment from the Executive Director of CareerSource South Florida.
Scope
The impact of this Interlocal Agreement is countywide. X 0
0
Fiscal Impact/Funding Source
Adoption of this resolution does not create an additional fiscal impact to the County.
0
U)
Track or 2
Rick Beasley,Executive Director of CareerSource South Florida,will monitor this agreement.
0
Background
Pursuant to the adoption of Resolution No. R-315-06 ,the Board approved an Interlocal Agreement
between the Chief Elected Officials of Miami-Dade and Monroe Counties that created the SFWIB.
Improvements to the administrative structure were implemented to enhance employment and training
E
services, as well as the organization's operating model.
Packet Pg. 1845
Honorable Chairman Jean Monestime
and Members,Board of County Commissioners
Page No. 2
In January of 2014, the SFWI13 changed its business name from South Florida Workforce to
0
CareerSource South Florida. The name change was mandated by the Regional Workforce Board
Accountability Act of 2012. 0
0
On July 22, 2014, President Barack Obama signed the Workforce Innovation and Opportunity Act 2
(WIOA) (Pub. L. 113-128) into law. The WIOA is a landmark legislation designed to strengthen and
improve our nation's public workforce system and help get Americans, including youth and those 2
with significant barriers to employment, into high-quality jobs and careers, and to help employers 0
hire and retain skilled workers.
In accordance with WIOA and CareerSource Florida's- local planning guidance, the SFWIB
4-
submitted its 2016-20 WIOA Local Plan to CareerSource Florida for approval and charter. On May 0
27, 2016, CareerSource Florida approved the SFWIB's 2016-20 WIOA Local Plan. As part of the
local planning process, the SFWlB modified its strategic goals and objectives, which include the
following goals:
1. Build a demand-driven system with high employer engagement and quality business services;
2. Strengthen the One-Stop Delivery System and increase integrated service delivery;
3. Improve services for individuals with barriers to employment;
4. Continue dedicated commitment to youth participation;
5. Generate high return on investment through continuous improvement;and N
6. Promote strong workforce system leadership. N
In addition, the SF WIB has revamped its committee structure, which includes the: (1) Executive 21
Committee; (2)Finance and Efficiency Council; (3)Global Talent and Competitiveness Council; and
(4) Performance Council. In accordance with the 2016-20 Local Plan, Workforce Area 23 has been
fully chartered by CareerSource Florida.
E
The SFWIB's 2016-20 Local Workforce Service Plan includes the following programs: (1) Job
Corps; (2) Wagner-Peyser Act; (3) Veteran; (4) Migrant and Seasonal Farm Worker; (5) and Trade
Adjustment Assistance. The Local Workforce Service Plan also includes the Welfare
Transition/Temporary Assistance to Needy Families 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 requirements of WIOA.
For the past eight(8) years,the SF W1B has achieved fiscal accountability by producing clean audits
with no adverse findings and no material weaknesses identified. The SFW1B has also made 0
U)
considerable investments in Miami-Dade County. During Fiscal Year 201546, a total of 64,006 2
South Floridians were placed in jobs as a result of employment and training services provided by the
SF WIB and its contractors. For every dollar invested to employ and train jobseekers,the community
received a$54.42 return on investment.A total of$1.3 billion dollars in salaries were generated. 0
The purpose of the proposed amendment is to: (1) renew and extend the term of the Second
r_
Amended Interlocal Agreement;(2)align the Second Amended Interlocal Agreement with the WIOA 0
E
and Regional Workforce Board Accountability Act of 2012; (3) remove membership to limits;
0
and (4)rename the South Florida Workforce Investment Board for Region 23 of the State of Florida 2
to the South Florida Workforce Investment Board for Workforce Area 23 of the State of Florida.
-3 Packet Pg. 1846
Honorable Chairman Jean Monestime
and Members,Board of County Commissioners
Page No. 3
In order to build upon the successes of the past fiscal year and continue to provide workforce services
0
to residents of Miami-Dade and Monroe Counties, it is recommended that the Board approve the
attached Resolution and the Amendment to the Second Amended Interlocal Agreement extending the 0
to through and including June 30,2020.
0
Attachment 2
0
4-
0
Russell Beriford
Deputy Mayor
cv
21
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0
Packet Pg. 1847
MEMORANDUM
(Revised)
0
TO: Honorable Chairman Jean AV onestime 0
DATE: July 19, 2016
and Members,Board of County Commissioners
2
�tg
FROM: SUMCT: Agenda hemNo. 14(A)(2 42
Corm. ttoxney
Please note any items checked.
"3-Day Rule"for committees applicable if raised
C14
CD
6 weeks required between first reading and public hearing C14
2%
4 weeks notification to municipal of icials required prior to public
hearing
Decreases revenues or increases expenditures without balancmi. g budget
E
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayoes
report for public hearing 0
U)
No committee review
Applicable legislation requires more than a majority vote(i.e.,213's 0
315's unanmous to approve
Current information regarding ftmding source,index code and available E
balance and available capacity,(if debt is contemplated) required
Packet Pg. 1848
M.3.e
Approved .ayar Agenda to o. 14(A)(24)
Veto -1 -16
Override ._....._
0
�s
SOLUTION N . R-746-16
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 �s
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 21
accompanying memorandum, a copy of which is incorporated herein by reference,
THEREFORE, COUNTY
COMMISSIONE RS OF IVHAAH-DADE COUNTY,FLORIDA,that thisBoard:
Section 1. Approves retroactively the Renewal, Extension, and Second Amendment
x
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
U)
2
Amended Interlocal"), in substantially the form attached to this resolution, which includes but is 0
Z
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("WorkforceBoard"). This Board further approves the
renewal and extension of the Workforce Board from July 1,2016 through June 30,2020.
Packet Pg. 1849
Agenda Item No. 14(A)(24)
Page No. 2
Section 2. Authorizes the Mayor of Miami-Dade County to execute the Second
0
Amended Interlocal, in substantially the form attached hereto and incorporated herein by U
0
0
reference. 0
Section 3. By approving the Second Amended Interlocal, ratifies any actions taken
0
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.
4-
0
The foregoing resolution was offered by Commissioner Dennis C. Moss 0
.2
who moved its adoption. The motion was seconded by Commissioner Esteban L. Bovo,Jr.
and upon being put to a vote,the vote was as follows:
.2
Jean Monestime,Chairman aye
Esteban L. Bovo,Jr.,Vice Chairman aye
Bruno A. Barreiro aye Daniella Levine Cava aye
Jose "Pepe" Diaz aye Audrey M.Edmonson aye
Sally A. Heyman aye Barbara J. Jordan absent
21
Dennis C. Moss aye Rebeca Sosa aye
Sen. Javier D. Souto aye Xavier L. Suarez aye
Juan C. Zapata aye
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Packet Pg. 1850
Agenda Item No. 14(A)(24)
Page No. 3
The Chairperson thereupon declared the resolution duly passed and adopted this 19th day
0
of July, 2016. This resolution shall become effective upon the earlier of(1) 10 days after the
0
date of its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective 0
only upon an override by this Board, or(2)approval by the County Mayor of this Resolution and
0
the filing of this approval with the Clerk of the Board.
MIAMI-DADE COUNTY,FLORIDA
BY ITS BOARD OF 4—
OM its
0
COUNTY COMMISSIONERS/fir PM 0
1.— too
+— 0
COW4 HARVEY RUVIN, CLERK
ChrWopher Agrippa
By'
Deputy Clerk
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Q
Approved by County Attorney as C14
to form and legal sufficiency. 21
Shanika A. Graves
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Packet Pg. 1851
M.3.e
INTERLOCALAGREEMENT
CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR RENEWAL�EXTENSION AND SECOND AMENDMENT TO
WORKFORCE AREA 23 OF THE STATE OF FLORIDA 0
WHEREAS, on March 7, 2006, the Miami-Dade County Board of County
Commissioners ("Board") approved an Interlocal Agreement Between Miami-Dade County and
0
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
4-
0
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
a�
Investment Board for Region 23 of the State of Florida until June 30,2016 and the parties thereto
N
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,theMiami-Dade County Rome Rule Charter,
0
U)
d applicable federal and state laws and regulations. In consideration of the covenants,
conditions, mutual obligations and other good and valuable consideration, on
0
(date)the parties hereto agree follows I:
Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored or
»double arrowed<<constitute the amendment proposed.
Packet Pg. 1852
L In accordance with the Workforce Innovation and Opportunity Act of 2014, all
0
references to"Region 23"are hereby stricken and replaced with"Area 23." U
0
2. In accordance with the Workforce Innovation and Opportunity Act of 2014, all
0
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
4-
0
references to "Local Workforce Investment Board for Region 23 of the State of Florida!' are 0
.2
hereby stricken and replaced with"Local Workforce Development Board for Workforce Area 23
of the State of Florida."
.2
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"
21
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
E
0
Florida." 2
6. Paragraph No. 6 of the Interlocal Agreement is hereby amended to read as
X
follows:
0
U)
2
6. This Interlocal Agreement shall become effective
on March 1, 2006, after its execution by the Chief
Elected Officials of Miami-Dade County and 0
Monroe County and shall expire on June 30,
[[20-16]]>>2020<<. Both Chief Elected Officials
have been duly authorized by their respective
E
governing bodies, the Board of County
Commissioner of Miami-Dade County and the Board
of County Commissioners of Monroe County, to
2
Packet Pg. 1853
execute this Interlo' cal Agreement for and on behalf
of Miami-Da County and Monroe County,
0
respectively.
0
0
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.
4-
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]
21
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3
Packet Pg. 1854
IN WITNESS HEREOF, the parties have executed this Renewal, Extension and Second
0
Amendment to Interlocal Agreement Creating the South Florida Workforce Investment Board of
0
Workforce Area 23 of the State of Florida.as of the date first written above. 0
0
MIAMI-DADE COUNTY MONROE COUNTY
4-
0
By: By:
Carlos A. Gimenez Heather Carruthers ;=1
Mayor Mayor r-
.2
ATTEST ATTEST
21
By: By:
Deputy Clerk Deputy Clerk
Approved for form and legal sufficiency E
Approved for form and legal sufficiency
X
By:
By:
Assistant County Attorney Assistant County Attorney
0
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Packet Pg. 1855
OFFICIAL ME COPY
C:LERK OF TKE! BOARD
OF COUNTY COM-MISSIONERS
M.WN11-DADS COUNTY, FLOrur)A
0
MEMORANDUM U
Agenda Item No. I O(A)(1) 0
0
0
TO: Honorable Chairwoman Rebeca Sosa DATE,: February 5,2013
and Members,Board of County Commissioners 2
0
W
FROM: R. A,Cuevas,Jr. SUBJEiCT: Resolution approving
County Attorney Amendments to the Interlocal
Agreement with Monroe County 4-
0
creating the South Florida
Workforce Investment Board for
Region 23 U-
Resolution No. R-95-13
This item was amended from the original version as stated in the County Mayor's .2
U)
memorandum,
The accompanying resolution was prepared by the South Florida Workforce and placed on the,
C14
agenda at the request of Prime Sponsor the Economic Development & Social Services., Q
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Committee.
75
E
R.A. Cuevas, r.
County Attorney x
0
0
RAC/s)nm U)
2
0
E
Packet Pg. 1856
Memorandum "I'S DE 0
Date: February 5,2013
0
To: Honorable Chairwoman Rebeca Sosa 0
and Members, Board of County Co ill loners
11
"'Y '0 'a 'o
Carlos A.,Glmenez From:
Mayor 0
T
Subject: Resolution Amending the Interlocal eement that Created the South Florida
the
I r
Workforce Investment Board for Reg! n 23 and Extending the Term of the 2
M
Agreement U
4-
0
This item has been amended to reflect the change made at the January 16, 2013 .2
Economic Development and Social Services Committee,meeting. Snecifically to Ing,I U_
Resolution No.R-316-06 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 (SFW113) for Region 23; (b) extends the term of the
current Interlocal Agreement through June 30, 2016, and; (c) fulfills the requirements of the N
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, 75
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.
E
The impact of this Interlocal Agreement is countywide.
Fiscal ImpactlFunding Source
Adoption of this Resolution does not create an additional fiscal Impact to the County.
Track RecordffloalLor
Rick Beasley, Executive Director of South Florida Workforc6 will monitor this agreement.
Background 0
The proposed amendments will revise the language,within the original agreement. All U)
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 Z
County's procurement policies and to Include the newly established SFWIB procurement
0
policies, Additionally this Item will extend the term of four years,to expire on June 30,2016.
On March 7, 2008, the Board adopted Resolution No. R-315-06 (see attached)which approved
an Interlocal Agreement between the chief elected officials of Mlaml-Dade and Monroe counties
which created the SFWIB and the current administrative structure. E
2
Packet Pg. 1857
1
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
Page No. 2
0
U
The revamped committee structure now Includes: the SFWII3 Finance, Intergovernmental 0
0
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 0
Workforce Board of Directors for the first time since 2002.
The SFWII3 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 0
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 2
Welfare Transition!Temporary Assistant to Needy Family and the Food Stamp Employment and
4-
Training Programs.The development of the local Workforce Services Plan Is critical to having a 0
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 .2
fiscal year 2011-2012, every dollar invested to training jobseekers, provided an average return
on investment of $3.44 and an economic benefit of $25,117 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. N
N
Attachment
2%
Russell Be6ford, Deputy Mayor
E
X
.2
0
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F Packet Pg. 1858
Memorandum 'B"I'D
0
Date- February 5, 2013
0
To Honorable Chairwoman Rebeca Sosa
0
and Members,Board of County Commissioners
ftk-Beasley, Executive-Director*
South Florida Workforce InvestmW Board
0
Subject: Resolution Amending Interlocal Agre"ent with Monroe County
4-
0
Recommendation
It Is recommended the Bogrd of County Cominissloners ('Board") approve the attached resolution
E.1pproving the Amendments to the Interlocal Agreement With Monrba County oteatIng the Solith Florida
Workforce Investment Board �SFWIB) for Region 23 and authorizing the:CoUhty Mayor to 6xeckite the
Amendment to the•Interlocal Agreement for and on behalf of Miami-Dade 0ourity.
11ackoyound
On May 7, 2606,the Board adopted Revolution No. R-315-32 which approv6d an Interlocal Agreement
{elweon the chief elected officials of Miami-Dade and Monroe counties. 'The-approval of the Interlocal
Agreement created the SF-WIS and Its current administrative struotQre. Since the• adoption of"the
friterlooal Agreement, Improvements were Implemented to enhance employment and training services, N
as well as, the opdrallng mods]of the organization, N
South Florida ytfnrktorce hivestniont.8aaIA-(9E1fttI5}Is a pubilo-private partnership that establishes
state and federallyfunded workforce development and training pollclog for Mlarni-Dade and Monroe
counties, Additionally, SWIS's servioes and resources are available to everyone at no cost through a
tfstworl'k of career centers located throughout the Region,
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.2
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ca
FPacket Pg. 1859
0
ME, MORANDIUM 0
(Revised) 0
TO: Honorable Chairwoman Rcbeea Sosa DATE' Feb nary 5, 2013 0
and Members,Board of County Commissioners
0
FRONE: R.A.Cuffs,Tr. SUBJECT: Agenda Item No. 10(A) 1 . 0
County Attorney
Please note any items checked. .2
9-DaY Rule"far committees applicable if raised
C14
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public 21
hearing
Decreases revenues or increases expenditures without balancing budget
E
Budget required
Statement of fiscal impact required
Ordinance creating a new board requires detailed County MayorIg X
report for public hearing 0
No committee review
0
Applicable legislation requires more than a majority vote(i.e.,2/3's
3/5's_,unanimous to approve
Z
Current information regarding funding source,index code and available
0
balance,and available capacity(if debt is contemplated)required
E
5
FPacket Pg. 1860
Approved yor AgendaftemNo. 10(A)(1)
Veto 2-5-13
0
Override
0
0
RESOLUTION NO, R-95-13 2
0
RESOLUTION APPROVING AMENDMENTS TO THE
INTERLOCAL AGREEMENT WITH MONROE COUNTY 2
CREATING THE SOUTH FLORIDA WORKFORCE
4-
INVESTMENT BOARD FOR REGION 23 OF THE STATE OF 0
FLORIDA; AUTHORIZING MAYOR OF MIAMI-DADE
COUNTY TO EXECUTE AMENDMENT
WRERE AS, this Board desires to accomplish the purposes set forth in the
accompanying memorandum,a copy of which is incorporated herein by reference, U)
NOW, THEREFORE, BE IT RESOLVED 13Y THE, BOARD OF COT-j-NTY
C14
CD
COMMISSIONERS OF MIAMI-DADS COUNTY,FLORIDA, that the Board approves the C14
Amendments to the Interlocal Agreement with Monroe County Creating The South Florida
21
Workforce Investment 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
E
execute same for and on behalf of Miami-Dade County. 2
The foregoing resolution was offered by Commissioner Audrey Edxnonson
who moved its adoption. The motion was seconded by Comm issioner ios6"Pepe"Diaz x
and upon.being put to a-vote,the votewas as follows:
.2
0
Rebeca Sosa,Chairwoman aye U)
2
Lynda Bell,Vice Chair aye 0
Z
Bruno A.Barreiro aye Esteban L.Bovo,Jr, aye
lose'ftell Diaz aye Audrey M.Edmoriso'n aye 0
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 E
6
Packet Pg. 1861
Agenda Item No. 10(A)(1) 31
Page No.2
0
The Chairperson thereupon declared the resolliflon duly passed mid adopted this P day 0 U
0
of February, 2011. Thais resolution shall become effective ten (10) days after the date of its 0
adoption unless vetoed by the Mayor, and if vetoed, uhall becomo effective only upon an
override by this Board. 0
MIAMI-DADE COUNTY,FLORIDA
BY ITS BOARD OF 0
CFO COUNTY COMMISSIONERS
% HARVEY RUM,CLERK
B Christopher Agrippa
Deputy Clerk
Approved by County Attorney as
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to fomi and legal sufltoiencyQ
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Joni A.Moselyas
21
E
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0
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F Packet Pg. 1862
0
AMENDMENT TO INTERLOCAL AGREEMENT CREATING
0
THE SOUTH FLORIDA WORKFORCE INVESTMENT
BOARD FOR REGION 23 OF TBE STATE OF FLORIDA 0
This Amendment to Interlocal Agreement Creating The South Florida Workforce
0
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,
4-
0
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,
.2
conditions, mutual obligations and other good and valuable consideration, the parties hereto >
agree as follows:
C14
1. Paragraph 10)of the Interlocal Agrecm' ent Creating The South Florida Workforce
21
Investment Board For Region 23 of the State of Florida is hereby amended to read as follows':
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
.— nA- . E
writing by the WA....... . G"aty�nage", "he
Qie Elected
Official of Miarni-Dade County or the Chief Elected
Pfficial of Miami-Dade QgEWs desi_qpee,<<. All of the
aforesaid expenses shall be reimbursed in accordance with X
federal and state laws and regulations and Miami-Dade 0
County ordinances and policies. All travel expenses for r-
.2
SFW1B members or any other person traveling for and on
.2
behalf of or at the request of the SF WIB shall be in 0
U)
conformance with state law relating to travel expenses of 2
public officers and public employees and Miami-Dade 0
Z
County ordinances and policies relating to travel expenses
and shall be submitted in writing to the. [[Afiami4)ado
0
-Manager Manager of +'-- hfiatta do-Gounty 4 i-De
de&1pee]j>>Chicf Elected Official of Miami-Dade-Cpunti
or the Chief Elected Official of Miat-ni-Dade County'
E
Words stricken through and/or[[double bracketed]] shall be deleted. Words underscored
and/or>>double arrowed<<constitute the amendment proposed. Remaining provisions are now
hi effect mid remain unchanged.
r Packet Pg. 1863
M.3.e
C
0
u
MAIM.IM, m, opprovtal or dells al by thr� C,l,loW Hfluotod 0
C)d'lit:W of N1111tnt-Dade County or tlltn Clairtf BIt;a,docl
{�rtioinl caf lvllunal��tadt:C`otataty'a+tlo;li�t�oi�,
2. Prtr€gralk W)Of'(114 Intarloc al A rcci mi-Crea(ing Thu Soufli Florida WnjsUbrc o �
l,tivt;sttnca,f Board P'or.Rc giol!23 of iho Slate of V lot'l& N lwroby taanlebdud to jvocl m follcau
d. The SMI1 shall e:c uply with tine{ prtatrcrmumut and e1=rpendlitli'd
dlroor,dum requirod by federal-low 11ar tho oxpe:nditttre of [Weral J1111t1,a.
To tho caxteot not In oonfliot with futleml ImY and repltatlont;, tho 81M.13 0
Shot[ oolrzl>ly with the prticftntane'rtt Ittw,v 0114 rogulat:iona or tdae: Stow or
Florida which many ben utpjAloul}lo to Miami«I?aio Cokinty and [NNltF4le
till}�llecai�Ic�«I�k�t�ua��;taaot-ad�rttlrmradar,�ac�tr�I,r��ltc�ativc�-�1�1�a��,ttradatarliteica;r-r�J� `.�
h4tctt1nl�D€adt�-t�ett,�t-yj i ���ati�.IJ,t��.,�4�G!t�1,�'lt}'l��i}cs,I is' �rc,�ftLlLJ� .Y.:i�1e
2
I t�t1m irapb At of aw 111fo1'Iootd Agr1'eemiont Creating, The; South i1'ltaddit WUrIckvo �
111YO.Itnlotat'fat OM Por[let dl it 23 of'tho,Slane offloAidta is hareby ramondecl to rand tto follows; ev
CD
4. Tito ,membors of lira SFW1H 110d tho 'ni m 1be to oC tngy
cx 111111h.t,vs of tlao SMII3 shall (#Bill.With than 0111piopos der
tho radwilairltr€River eultity clrtd B17WI-B stdr solctly throltgla 75
tho Bkoorltivo Dimot:or and no 4ttsli lnraanbor ,shall glyo
orders to tiny 0113 alcavm of the m 1a11a1strrttiv4 011M-y or
Spwla staff either patbjlo.ly or privoly, hlo employm of
tflo ndutltoistr�at'ive otttdty car SIMB staff shall mglteand in or 0
tltaderrtolm any uc:tion to Comply with any roque'st by tally �
smh membor which vloltttou tho, provistous o� Mica
(1r4ot sIIt1 ' 1 t1it;11t;e. Tho Excoutdve OIrevtor shall not
dcnaw11191y tallow tidy ,smub_ tnelrrbur tea 1101,11 Witt, ally C
tenlialoyeo of file aubllitntstrnllve enlity car SM13 tittlfr in
violmlon or tho provtslcaas or tilca f1r5t mo nte,ncea of thls 0
Patra8caph 114, No member of'the SM113 or any 1.mean bpr
of aq easarxamitle(A of ttao SMID.Aall crirevt or requemt tile.
f1ppointmont. of any lat;mon tta; or ht;r or llm removal 11.0111
taLkeE or employmunt. by lite E uettfivo .Dit'u (or or lay the U)
(;�Mlenrt3- �ttctc {;c_st►tat -ivttlrttlhet�� t . P 0 G Id �i
,t�.M11 ,�-,�'?mt dr ts'Qc LtY<x or by any sithordloute of the sal`
the Bx,!mtdve EAmr.tor of by any sttbotilinttto of tho �
CC 1 atnlrUradt le}ar,aty Afiwntat lr`J3 �C't caI' �,1c;1 ltac!t�,f
PT K a :Lh ' ty,�<or p artiulp ato In t#lo o1 pOl.11tmoilt W
car removal of olfic!e s and rtaaployoeo or the adjulubitrratdvG
OrAlty or ofSFWIB sttlfrnovshtalI the ftxviouttvu D11"c,t)tot 1 0
tlaa, i:tfvl#tdtali�#)rack.a�(tattnt�-A�ctttltt,�i�l� �-�;'{:,I�'�'..� .lcc� •c�
ar ta►.,y IUvml*r sal' (tit',
ticitt1l11istttl€ivc, 'JoUly tar caNIVIB :r1111'f or any rlalbtardlI IN
9
Packet Pg. 1864
M.3.e
0
aftaaty of the ltaax=, olnu tac.oude to such diroodoaa or rt}qnest,
Any vlcalaatisau OVally ol'thelarovistotay of this POV119rftPh fill
by any o[I this ttawillenu of tiro SPWU3 ur Hatt:t bmi of(ray
I'3pwli3 csaataaatlttce 11a:a11 s:aittse tim roa lovttl roalawith of
attula anetxab.ar from the SFWl13 or dw 5tk 1.1 rommittco or 2-
both, ct. tapplienble, by opoffitlolt of th.114 1t0,rlooftl
Agreement',
4, 1101,11gaaph 6 or tine I:ttea=looftl Agroo-7aetat Cveaadna 'llie Soulla lsloddta Wud(S-`orw
4-
ltavestanwit Dowd flop Rogiota 23 of113o Suite of Florida 11 lacaoby rullonded 0) road go Csaliom: 0
fi. Tltita 111tef'1ocEal Agrcekrtt�a1t;ilarall becomo Offeottvo sail I�tlttt�oh
1,2006,'nftet�1t exackttion by 1111)Chief Blc:s hwi Orriarinlg 0
Mla ml-Daado C'okm(y find Monroe CEott ill and ,[toll oxpla•ipi
on June 30, [j,2QQjj>�-am<<. Both +Crlalor Bleated e
Offlclfalra havo latca duly fauthoa'lml by tholr reSpvs;tivsa 2
�,OV0a'atlaa9 bodlos, (lie i oluxt of COklaaty C0111atalxitatlea'c of �
Mlata1a1-D ado t;`satuaty And the 130"k'tl of C'ou aV
ci
Ctaaaatia[s1110naafi of MOnl'oo CfOtanty, to exeutato M11S.
CD
I to loe 1. Agroomfl ant Vbr quasi on behull' or Mimut-PAde ,
Coutity t nd Moa voo C ounly,:osper-tivoly"
21
T109-AMENDMENT` O INTHC�.LOCAL ACiRERMUNT CRRATlNC3 T14119 C3t1`1 LI
l:,Ca . 11:)A. WQft1Ct7ORCR INV-MTMrlNT WARD FOR RROICIN 23 OF THR,STA. Q OF FLORIDA is mnaum INTO ON BUIALF OF:
MIANIJ-DADE COUNTY
11, Y U)
IV IAyot'
Doputy C`.10k
c�
10
Packet Pg. 18ti5
0
THIS AMVNDMHN,rTo
FLOIUDA W.C)Rl<rOR(.'-B.iN*VPS'rM�N'fU OAR.F)FOR RAO-toN 23 OFTHR STM QP
FLOWDA ISAINTERM INTO ON BRIIALP 017:
0
MONROR COUNTY
WI'rM,Ssj,7S: 4-
Mayor
Delloty CIO&
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CD
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21
-A VORMOV
A 4
9 -M
77-7�`-N , " AN W)
ca
ca
Packet Pg. 1866
1
1411AM
t WE Memorandum =10:2
bate.. March 7, 2006 0
0
To: Honorable Chairman Joe A. Martinez Agenda Item 'Ho. 12(A).(S)
and Members, Board of County Commissioners
From'. George M,
County Ma
Subject: South F orlda Workforce Review and Restructuring
Recommendation
It is recommended that the Board of County Commissioners approve the attached resolution
relating to the restructuring of the local workforce investment board for Region 23. It Is also
recommended that the Board waive the requirements of Resolution No. R-377-04 with
respect to this Resolution and Interlocal Agreement.
BIckground
Signed Into effect on August 7, 1998, the federal Workforce Investment Act of 1998 (WIA)
was created as a comprehensive reform legislation to affect the federal job training programs
and to create a complete workforce Investment system. To this end, the WIA has included
seven key principles as a basis to accomplish these tasks:
21
Streamlining services through better Integration at the initial contact point,
namely the One-Stop delivery system;
Empowering Individuals through financlal information and support;
• Creating universal access to employment related services;
• Increasing accountability for state and local entities;
Creating strong roles for local workforce Investment boards and the private
sector;
• Allowing for state and local flexibility to tailor services based on local and regional
labor markets; and X
• ,Improving youth programs as they relate to local market and community 0
programs and services needs.
Under the federal WIA, each state is mandated to create a State Workforce Investment 0
Board. Shortly after the enactment of the federal legislation, Florida created and passed the U)
Workforce Innovation Act of 2000. The Workforce Innovation Act created Workforce Florida,
Inc. and the Workforce Florida Board. Workforce Florida, Inc. monitors and oversees the
administration of the state workforce policy, and all of its activities Including designating local
areas, reviewing local Plans, and the programs and services implemented by the local
boards.
There are currently twenty-four (24) local areas or reglDns, in Florida, Within each region,
the federal WIA requires the creation of a Local Workforce Investment Board. The members
12
FPacket Pg.
Honorable Chairman Joe A. Martinez
and Members, or of County Commissioners 0
Page 2 U
0
0
of the local board are appointed by the chief elected official(s) under the stipulations set forth
by the governor and the Workforce Florida Board.
Role of South Florida WorkfoLcg Board 0
The local board, In conjunction with the local chief elected official(a), sets the policy for the T
portion of the statewide workforce investment system within the local area., The rold of the
local workforce board includes:
4-
0
• Developing a five-year local plan and overseeing the one-stop system, youth 0
employment, and training activities;
* Selecting one—stop operators;
* Selecting youth service providers;
, Developing a budget;
9 Negotiating agreement on local performance measures; .2
* Collecting Information to assist with the statewide statistical system-, >
a Promoting private sector Involvement on the statewide Investment system.
The South Florida Workforce Board (SFWB) Is the regional workforce board for Region 23,
which encompasses Miami-Dade and Monroe counties, SFWB assists employers and
prospective employees with employment services, labor market Information, and provides
necessary training for the economically disadvantaged, youth, dislocated workers, individuals 75
transitioning from welfare to work, and refugees.
The SFWB's members represent a cross section of the private sector, local elected officials,
community based organizations, economic development agencies, private and public
E
educational institutions, organized labor, public employment services, vocational 0
rehabilitation, public:assistance and one-stop delivery partners. 2
The cHles of Miami, Miami Beach, Hialeah, and Mlarnl-Dade and Monroe counties have
entered Into an iriterlocal agreement dated July 1, 2004 that continued the South Florida x
Employment and Training Consortium Board (SFETCB). Each chief elected official has a 0
0
representative on the SFETCB. The liability structure of the interlocal agreement Is divided
among the members based on the Consortium agreement, The liability allocation as per the
Consortium agreement Is as follows: 0
U)
Miami-Dade County 42,2%
City of Miami 33.3%
City of Hialeah 1111%
City of Miami Beach 6.7%
Monroe County 6.7%.
Total 100%
The purpose of the Consortium Is to act on behalf of the local chief elected offlclals and E
conduct the programs set forth In the federal Workforce Investment Act of 1998. The key
functions of the 6FETCO are, to appoint the SFWB members, serve as local grant recipient,
FPacket Pg. 1868
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
0
Page 3
0
0
designate the local fiscal agent; assume the financial liability In accordance with state and
federal law.
The current members of the SFETC Board are:
0
South Florida,Employment and Training Consortium
mu"Icigalfty Member Representatives later overnmental
4-
Liaison Owe—Lai 0
Miami-Dade County George Burgess Tony E.Crapp, Si.
County Manager Assistant County Manager
Joe Arriola, Chief
City of Miami Administrator/City David Rosemond
Chief of Staff
Manager
Jorge M. Gonzalez Mayra D. Buttacavoll, Director, Human >
City of Miami Beach
City Manager Resources and Risk Management
Julio Robaina
Frederick Marinelli,
N
Q
City of Hialeah Mayor Director, Dept, of Grants& Human N
Services
' 21
Thomas J.Will! Jerry O Cathay
Monroe Courtly County Administrator Community Services Division Director
1County Project Manager
The South Florida Workforce staff provides administrative support to both the SFETC and the E
SFWB. Both boards are also responsible for selecting the Executive Director of the SFW'
who In turn reports to both parties, Prior to the current Consortlum' agreement, the SF ETC
and the SFWB had separate Executive Directors and staff. However these functions were
consolidated in the July 1,,2004 Consortilum agreement.
X
Status of South Florida Workforce
.2
While the purpose of the SFW is to provide assistance to employers and job seekers in
Region 23, the governance of the organization Is of some concern. There have been two 0
U)
prior reviews of the SFW commenting on the overall lack of coordination and effectiveness of 2
the organization. The first review by the Public Policy Department of the South Florida
Workforce mentions the two-organization format of the SFW. According to the study, this
structure has created an unclear division of labor. The review goes on to state that the
format of the SFW Is contributing to the communication problems within the organization.
The second study requested by the SFW was conducted by the Metropolitan Center of
Florida International University. This survey-based study also commented on the fragmented E
communications within the SFW and mentioned the need for SFWB reform, specifically
within the areas of Board conduct, conflict of Interests, and competence.
/4
F Packet Pg. 1869
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
0
Page 4
0
0
In recent months, Workforce Florida, Inc. (WFI) has also expressed some concerns over the
South Florida Workforce Board and consortium structure. In a letter dated December 14,
2004, WFI questioned the ability of the Consortium to function properly with the existing
conflicts of interest between Board, Consortium and service provider activities, as well as the
responslb[titles of staff to the Board, The WFI also has some reticence with regard to the
sharing of staff between the 8FWB and the SFETC.
in specific terms, the letter from WFI stated the perspective that: "Essentially we have
4-
determined that there is one fundamental problem with the new governance design. It must 0
be clear that the Board staff Is answerable to the Board alone. While staff may be assigned
to perform staffing functions for the consortium, it must be clear that the staff has
responsibility to provide the Board with true and accurate information, even If such
information reflects negatively upon consortium members. Concerns still exist at the state
level as to the ability of the board to complete Its functions efficiently and effectively if the
.2
staff Is not only independent from those entities that deliver services, but also accountable A
only to the Board. This is particularly true when some of the consortium members are also 5:
service providers".
N
Staffing conflicts arise when Board duties and Consortium duties are at cross purposes, Q
N
There is the question as to whether the Board can fulfill Its mandate effectively if staff also
reports to the Consortium, It is these Issues that the President of the WFI feels Will have a >%
continuing and lasting Impact on the accountability, performance, financial oversight, 75
reporting accuracy and other operational functions.
In a recent meeting with the Office of the Mayor on June 24, 2005, the President of WFI
specifically Indicated that the issues that need to be addressed relative to SFW and SFETC
E
are as follows:
1. Selecting and firing authority for board staff being shared wlth agencies
performing contract work for the board is unacceptable; and
2. Local plans submitted by SFW must be followed In the transaction of local X
,business.
At the conclusion of this meeting the President of WFI, after considerable discussion with the
Mayor's staff, Indicated his Inclination to relax a proposed deadline of August 1, 2005 for 0
changes to be Implemented and to work with the Mayor, as one of the Region 23 Chief U)
Elected Officials, in using this current budget year through June 30, 2006 to create a new,
acceptable structure that addresses WFI's concerns such that Region 23 can be chartered Z
and its FY 2005-07 Local Workforce Investment Plan approved,
0
Staff from my office and from the-County Attorney's Office have been working with the SFW
staff to address the issues raised by the studies and Workforce Florida Inc. In light of the
current concerns raised by the WFI, possible legal Issues of the SFWI3 and the need to have
the possibility of other options available to the County, It is recommended that the BCC E
approve the proposed resolution to restructure the local workforce investment board for
Region 23.
FPacket Pg. 1870
f Z
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 6
0
-legislation applicable to Miami-Dade County boards, Including all state laws which Will serve 02
to alleviate some of the Immediate concerns regarding ethics breaches and conflicts of-
Interest.
0
The Executive Director of the SFWIB will be selected by the SFWIB. The Executive Director
will be an employee of Miami-Dade County within the administrative service of the County
and may be removed In the discretion of the SFWIB. Both the Executive Director and the
staff of the SFWIB' shall be employees of Miami-Dade County thereby removing any
4-
sovereign immunity liabilities for staff. The Executive Director will be the Chief Operating 0
Officer of the SFWIB and, as such, will implement the policies, decisions, actions and
directives of the SFWI,B.
The'stAff of the SFVVII3 will implement the policies, decisions, actions and directives of the
SFWIB under the supervision and control of the Executive Director of the SFWIB to resolve
the issues that have been raised by the State WFI.
—Assists V Manager
21
E
251- Packet Pg. 1872
M.3.e
0
tJtlr�Auattn.
W- ..,Or
Doccuiber 28,2005
° • cos
The Honorable nmy Hawkins,Cl rman
South Florida.Workforce
4-
Mr,Rick Boaslcy,ExecutiveDireotor
South Florida'Workforce
73OD Corpotufe Center drive
Sulle 5w
Miami,FL 33126
Dear Gentlemen;
Workforce Florida Board of:Directors dud=regional worli force boards to loans that
dne localreciplents of federal fuudlug are In compliance with fedoral and state law, In
Deeembor,2003,Workforce Florida determined that the
B,egion 23 was not arx*tabl e. All other°fictions were rechar tared in 26O3 or early 21)D4
South Florida Workforce vas provided specific instzuccions to bring their board into
compliance with the steteboard's requirements,nieadimWatrafive staff asked for
patience and time to bring the board into compliance,noting that this large region was
experiencing many changes,Including the changes of board chair,exeeuttyedirectors,
chlefelectedofficials,etc. Staff An noted the many program Issuesthoy were,being
asked to address wbicttxelated to frig regional performaltce,
'Workforce Norlda boo been patient,butthe state board leas Just completed another period 0
o f ro-charterimgand South Morlda Workforce k one of only ti�vo reglo,ns thaa�are not in 2
substantial compliance` The Workforce Florida BcwA voted to disiipprove the 2005.
2007 plait as submitted by South JF1or0a Wark1br oe. Furthermore,the bowd voted to
lastruct AWl and W 1 stiff to continue providing technical assistanceto these regions so
that.acceptable plans are aubmitted by February 1,2006.Yaf Iure to convot the plan 0
vzvblea would require state staff to propose an alternative for providing worlrforce
services in the region and may regn1re the state board to ask Bra Coun fy Commissions of
Miaml-Bade and Monree Counties to liropiosea new oversight entity for workforce
cervices h south Florida,
U)
Tb elimim tWauyconfusion,WorkforceRlorlda notes the major deileieucles in lheSouth �
lilorlda'Workforcepl.an include;
i. Tho Miami-DadeNourcercgtoxx la gover med differentlythan any other local
board. The existeiiceot' consoitiwu pxe-dates the NVorliforce Investment �
Act, The exis tewe of the coma Aium,per so,in not directly the dablo
ra .s:_ . F.. a IPiPa el.(i.. use—.:. ee.i° .t?n'°. aa.'}} e.a `7 f. .:t 5'�1•s es'i
9
Packet Pg. 1873
M.3.e
. •
0
0
bminem.Howewr,wben Oov eats that arepoXnais° the consortium
both-appoint-tttembets to the ward and apply to do business with the board(as
serviceproviders)a conf tet(pmolved or real]occurs which is not
acceptable to Waz9tforoo Florida and b in direct confflotwith the principle
enunciated by the Ploxida Leoilatorain section445.007(5),Florida Statutes.
The Lqb1atureindleated Ste regional boards are not to be direct service
providersaiaorderta"exoz°cisaindeprendentovo;sight." Miami`serrangemenY* �
with hoard stalY providirg services to botli the board and fhe consortium
(whosamembers provide direct services)seems to blur the tines if not directly
curo u1W them. In either evert the state board has found thin practice to be
unnemptable and requires the members of the consortium to either
refrain from providingservfces or agree to exclude the+eonsortiwnfrom
decisions relating to hoard appointments and all other decisions of direct
c;bullictl ra addition,stafdsclectinn decisions(looluding hirbig and Artug
of the.exceutivo director)mustbe left exclusively to the regional
workforce board. YourInter toed agreement twill also have to be
changed to insure the independent oversightcapabfty of the workforce 2
board, In order to fachitute such changes our office has been and ivill �
continue to be in direct contact with Mayor AlvaJraa's Ufleb to make the
necessary modifications to the later-lord agreement,
CD
2, The app6mbnent ot''board members is dramatically behind. This office has
been in direct c-owmation-tvJth Mayor.Alvames office and notes both the
great coopemtionua have hadf7om his office and thep Wtaehaobeen
75
made 3n mrnin;bamA appoi.ntzneats fonvard.Nevertheless,as mporfed to the
statoboard,due to the various heat consortlummerubm fin,theregion,South
Florida Woo `oroe has U vacs noles from its 45 member b oard. An additional
17 members are sitting is euts whase texnns have expired. Most of the terms
expired almost 18 snou its p age• The faihn a to appoint board rrrenttbets and to
Keep up with the,appolmmentprocess bas resulted in a board nvifftout a as
majority of Hulas members making decisions over teas ofmillioni of
dollars,counter to the wishes c e the Corigress and theUgWatutre.The sta(a
board rewires South Plolrlda Workforce work with ifs local appointing
authorities to bring the board into compliance with stato and Toderal
Please work Wilt Helon Junes and Mike Switzer of my staffto address these issues.
Itespcc)f: y:
-� U)
Curtis C.Dustin
0
roc. spire Honorable Carlos Alvarez,Mayor of Namt Dada County
TheHonorable Charles"Sonny"MoCoy,Mayor otMonroe County
c�
19
°
Packet Pg. 1874
M.3.e
Wor C C
i $ J
,t
p yYy'•
19
Curtis Auadn,Pre MeM
as
ca
0
January 27,2006
. as
The Honorable Carlos Alvarez,Mayor The Honorable Charles"Sonny"McCoy,Mayor
Miami-Dade County Monroe County 4-
Stephen P.Clark Center,29`h Floor $03 Whitebead St.
Miami,FL 22128 Key West FL 33040
Dear Mayor Alvarez and Mayor McCoy:
Flotyda's workforce system Is governed by federal and stela laws that rec uirc Workforce Florida
Inc. (WFO Board, as the state board, to charter Regional Workforce boards (It)09), 11i$ g
chartering ;process gives the R'WBs authority to design, direct and oversee workforoe local
services,receiving and distributing federal and state funds to local'service providers.
The essential elements to bo recognized as a Regional Workforce Board and entitled to cv
continuing charter status are set out in the federal Worldorcc Investment Act,the state Workforce Q
Innovation Act of 2000,and the,policles adapted by the Workforce Florida.Board of Directors, "
Due to expiration of previously approved 5-year plans effective June 36, 2005, and some new
federal and state requirements,WFI directed all 24 current RWBs to submit now/continued 2�ycar 75
plans and document continued compliance with RWB membership and other .
strueturallgovernanoc requirements by September 30,2005, All submissions were reviewed by
state staff'and submitted to the WFI Board of Directors meeting on December 1, 2005. Most
current RWBs were granted continued obarter status outright, with some givers contingent
approval to be finalized when some minor unfinished tasks were completed,such as appointment
of a fecv Board vacancies,
,The WVI Board declined to approve even contingent charter status for RWB 23 for non-
compliance issues,noting that RWB 23 lied not been fully~ohartered since 2002 due to similar
shortcomings. Although funding had not been previously discontinued on the promise that the
R�M was "in transition" and working on correction of deficiencies, at the December 1, 2005
meeting, the WF1 Board unanimously voted to withhold charter status and terminate funding to
the ourrent KWB 23 Board ifWitibhl e7otnents wore notrb'7bttglir fiitt5 Oothplianos by Febt'uWl, ""
2006. The state board also almoted.WF1 staff to arrange for an altemativo entity to be designated
to receive yrorVorce funds and ammnge for continuity of services to the oitlxens of Miami-Dade
and Monroe Counties.
The critically non-compliant elements identified at the WFI Board meeting and further explained
in a December 28,2005 letter from WFI CEO Curtis Austin,wero that:
The Region 23 Board needs to provide that the Bxeoutive Director of the RWB Board
must be hired by and accountable to the RWB Board;
• Conflicts of Interest,actual and potential,be eliminated so that the counties would not be
exercising both oversight authority and providing direct public workforce services#ended
through WFI;and
c�
e�
r
1974 Comrson Lane-T4 , 0 t 3196-P (850)921-1119-Ax(00)921-1101
20
Packet Pg. 1875
0
0
I-
Appointments be made to the RWB Board to Comply with mandated statutory categorical r-
representation, 0
In early January, a draft revised Interlooal Agreement was submitted to WF1 which would
substantially revise governance, reconstitute the RWB, and eliminate some noted conflicts of 2-
interest involving board members. The draft substantially reduced potential for conflicts of
0
interest by private sector members of the board. However the initial draft did not satisfactorily (2
resolve tho issue of board staff supervision or potential conflict at coimly-lovel As a result of 0
eso , 2
farther dialogue between WPI stuff and RWB/county staff,a meeting was held in Tallahassee,on
Monday, January 23. involving "I President Ox-fis Austin, WF1 staff, RWD Excouave.
4-
Director Rick Beasley, Senior Mayoral Advisor Luis Gazitu4, Assistant County Attorney Peter 0
Tell and Assistant County Manager Tony Crapp(by telephone). lbo group did a ii
ne-by4ine
review of a revised draft Intorlooal agreement, Other than suggesting some minor language
refinements/edits,WX staff expressed satia%otion that the language in the January 23 document .-
complied with requirements regarding appointmenVeopervision of the RWB Exec4tive Director
and prohibiting the counties from directly providing public'workforce services With'funds
received ftom/through Workforce Florida,lino. .2
A
WFJ staff also approved,the general outline of intended categorical appointments to the RWB
Board(not intending to approveldisapprove specific individuals.) While noting that the proposed
Interlocal Agreement was drafted in consultation with staff of both counties,it is understo6d that C14
it has not yet been formally adopted by either county, nor have any proposed board-member C14
appointments/reappointments been made. Wfq,staff appr6val is contingent upon formal adoption
by both counties in its current form,and WF1 staff would recommend contingent chartering of the
21
reconstituted RWB at the next WF1 Board meeting an February 16, 2006, and not directing
funding to an alternate recipient,ifthe draft Interlocal agreement is adopted.
To allow for transitional activities, WFI staff Intends to recommend that the'contingent re-
chartering of RWB 23 take a&ot March 1, 2006 (if the agreement is adopted), with WF1 staff
monitoring completion of the transition and appointment of full board membership before E
notifying RWB 23 of full charter status,with a report back to the WFI Board at its next ri ectin
in May,2006, .9
This has been a difficult chartering/re-chartering process particularly for those most engaged in
Miami-Dade and Monroe.counties. And it has been a high priority for the WF1 Board and staff x
due to the significance of your two counties'to the statWs overall workforce program. However
0
considerable progress has been made In recent weeks, and we are on the verge of seeing
rosolutjoil in away ftt wo,h90 r-
_will also improve soryloecho tha,oiftons of Dade and Monroe.. .0
counties,a goal we all sbaxc#*
0
U)
Sincerely,
ae
Curds C.Aus
co; K herine Wilson,Chair of Workfbrooltlori6
ick Beasley,Executive Director,ILWIB 23
san Parcigis,Director,ANI
ony E
Crapp,Assistant County Manager,M-D County
Michael Switzer,VP for 11rogramr0orformance,WF1
F Packet Pg. 1876
M.3.e
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µ,
0
Work cc
Kutherttre tlrllsen,'t'kat�rtea�l
0
Fdbfd"20,20p i
Tho Uquorablg Carlos A.lvawv,,Wyor Up HonoraVe,Ow-les"Scrtli3y"MeCoy,Mayor
M.Ctai�ll��o��tt4� MQ��a•���ty
1112+X 1{u gt,Ste.2910 303 Whitehead St.
Miami,l+l. 3128' Xoy Wast,FL*40
Dear Mayor Alvarez and,Mayor McCoy.
-
ON`C?t € Y,Felt#q#ry l ►2Q{i o e .0 Icfestce�Fldtld4;7it� (VM4 Road Af f)irdctQfs vata to
aufthariza the 1W81detit ofWorkforce Fludda to appMve a dharter fr F.egldrt 23, provi4ed the
maw lntnrlocalrmutiaa bti aslcter# the£ora�•a� roved endpon�ents to the board
have,bt O thuds fly M h 1,2006,�otitldgeot oo sovem14fy'taska helm camplotpa by that Hato,
tyarraely JrqW find clitlott,of the a6w jntefldh§l A ont(ILA)by both DAM add Md troe
Hctarda i5 burzty emntnlsalovors, a d a pvintn tts pf fhtt a#otutctxiiy requited RWB Board 75
inbera go tbuut fey$RA u; it}+�apthcrit�aver yve9r'iti'eSt'tte prt�gasttts and fyrt+�as of that date.
In order to avaid dbrgp.Ooa of services to fife olftexts of Daft and Manroo Cowles, the IVFl
f a t#diceoicc#Vstl t stpfi'to v far diset*muntion o�wozkYp�rse tl}�:flq j tc►ttltrogh
the boftat XWO 11044(' O4 hEm uht'Wd dompllAiit ss100 2Q02),, and diesigt Oo*n' of n state E
agdtit tp wito p l tha 3tdw Hurd is.
lily app�vod and�ppnlntdcl ►Y 1 1 actiorn. has d on a me 1�er?�lwt ctn at tote l,F06r,%,�r 16,
290(h wpottng, Mara it
2Q0t#,tp clearly ideftii r 4S 6t3,11a 1i tl t+,obli itt;ztn 4ltd #iliatiglal pt lil is$t that ptilut so �
tliat rite outgoing I W 3,tiro now ;fife levnpt inGaT elected ctffueisis,the state and Ifs public
are fully infrnma of thq true status of€i_nauces imnd operational issue's sus of the "bhnags of
�o1144€l."
0
to Fo£Vff)Fl hg3 beast advised that#h9 noyv XA has bssn upanif ouslyy nud fOrunaliy a�tprove#4t a
publia mopting Qf tuts it�•om-da CoWity Doocd of NuAty �Comnalselnuers, 44d will die duly U)
slgtted/executdd Prot
.401Y turd a copy plavidc to VR- W1q staff 114d pfieyiO49y re;Viewed tlto
content of the now ILA and toqutd drat ii saiisficd the long-stauding c040,orrs artiuulatad hy the
V&1 130ard rti$arding selcetlan/sutpavlOpi of 99W executive staff'; laher&t: and potetitigl
et+cjflic#s cif ltttcre f#x im�tittgejiilie
ivldtt js �x rnislit lioilt itilittyloversight cols yvfii. also
rocelving worldhme funds to provl direct services,We understand that tho identical now ILA
will be p semteti to the 0wni:Dadc Cputtty 10oard of County +C�ommisslonertt on '�ttesday,
Fobraaty 21e 2006, fdr kppraval and execution. Then pursuant to the terms o.£the-new 11.Ay
1974 Gnpinronsmafth Lrit�e - 'atlrrfiafise�,Ctnr►dc�,t zs •P4()Ite(?3SO)51-1-1119 -Frrz jft5t 4 1 a1113t
Packet Pg. 1877
M.3.e
C
a.Pointments to tho newly constitutcA ItW Board will ko made by Wth oountlesc and that board
VAR t}ten lee rogdy to""m ggthodty aril epnduet busipap esreotive WrA,t, 0606,with its
atigt l #4 � P#MOW 049D Oor Mat dttid;
Ju ordot tP clarify opgout status, It to obsoiutoty essMtla# for tbo uriw U to be Approved to
odize t ftt 4 by thri'lvii6MM-010 Bdard•of Cittinty G-'ariximissiOhers at tAtWhrrWS nioaffrig.
>€leferFsl cif 06114t+ojrtidtitlQti of 4WIL ; {►t iettlt! ll�dlffe�rpt flztt lttt ript4r$�b the
k6raw BOCC wiil rem*it in' TWA�3 riot ba ITIR a rlmttotod ftlonal Worlcf'cr�o$pard,and
triggering the"regeivsfship"pption ciiroetcd by the Wirt A6 which st►oy*Eliexeafter dad to the s
la'Jei�t#al coll$oltdatlo4 of dt RW$ iE wii� Workforce to ion. WFT staff tiak uo
authority or discretion to offer nn.autpudon for lodal action.but will fol ow tiw,directions di-tho
ti'vo api oval l so, 'Wt MMO Vlotlda will @gore
}hat s YNO fa rile holdehts otWoMi-IDadh amid WORD Cbti*ie;f•wilt#gat he ia ptod lay ft
asslgtttiza�#off!���ita;iyoxc�tonsibllitfes,
Assw ulm•that 40rable•g 11on is talmd.oh die bew ILA by iW 112iomi»I1ade BQVC;then the ftbal
in or st i iti ppbh}fitftettt �69=&try eefisllMte the � r tt���brirti of D�tectq At tit
request o� f�aca� ata�r '4�I staff has revlewtad tie Waster• of interi�eci� appointeoa for Ioit
eu elency in terms of m�tutdafect tepregentatives,perc�enle8@ xetlul#urnenis turd otter proYisicss of �,
to-W ausi et,low r"egat ft. such be d*.. WX 40 44ma aot in any way apitxovtr,•d1li &rovo
or oxpmss oA opWou on the speciBo itn lvidgals tb be oppoitted,but 11trUdd our exambtation w �
the contpllonca with tho required catrigoric : As such cyo d that the totttailvc xoAtcr sularnitted
fKof roviciv In cor@lianca*Ith oil fc AI and state rnquiiiinonta. CD
This'summary of past dovoloptuonts and ourmo status is tarll<ered to clan tasks at hand.and
reiterate the Importariea o t'u�cly aompletloagf the meat taol s needed far fqjjchagelog oi'tt
R giRd rlrfojpo B i Of MtaW-Dade oWd>t oaxcie Comm
Pl+asc f@el f'res tQ gogtaot xne of my staff far any fu pr ciao ipcation as needed. Wo hpv been,
and doiatinue to U¢ivilUg 1u ssslst with those 10.0,14 taal. ,bat mopir that wd trtuot dp so YAti
the pahmetor's dithe bvdrsight tosponsibllity of the state Bdaxd and In domplian with its d'ireat 0
orriers, �
Sl�9el'etyf. • �
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-MEMORANDUM
(Revised)
TO: Honorable Chairman Joe A.Martinez DATE: March 7, 2006 2
and Members,Board of County qonunissioners
0
4-
Le 0
I"Y' May A., eenb g SUBJECT: Agenda Item No. 12(A)(5)
lu0m; g
County Attorney
.2
Please note any items checked.
C14
"4-D4y Rule"(113-Day Rule"for committees)applicable If raised C14
6 eke required between first reading and public hearing 21
4 Teeko notification to mintielpal officials required prior to public
hearing
Decreases revenues or Increases expenditures without balancing budget E
Budget required
Statement of fiscal Impact required
X
0
Bid walver requiring County Manager's written recommendation
.2
Ordinance creating a new board requires detailed County Manager's
report for public hearing 0
U)
Housekeeping item(no policy decision required)
No committee review 0
E
FPacket Pg. 1884
1
Approved 12(A)(5)
Agenda Item No,
Veto 0
03-07-06
Override
0
0
RESOLUTI
ON NO,
RESOLUTION APPROVING INTERLOCAL AGREEMENT
WITH MONROE COUNTY CREATING THE SOUTH 0
FLORIDA WORKFORCE INVESTMENT BOARD FOR
R13GION 23 OF THE STATE OF FLORIDA; AUTHORIZING 2
AND DIRECTING COUNTY MANAGER TO IMPLEMENT
4-
AGREEMENT; AUTHORIZING MAYOR OF MIANH-DADS 0
COUNTY TO EXECUTE AGREEMENT, EXERCISE
PROVISIONS OF AGREEMENT INCLUDING-TERMINATION
PROVISION THEREIN WAIVING REQUIREMENTS OF
RESOLUTION NO.R-377-04
WHEREAS, this Board desires to accomplish the purposes set forth in the
accompanying memorandum,a copy of which is Incorporated herein by reference,
NOW) THEREFOFX� BE, IT RESOLVED BY THE BOARD OF 'COUNTY
C14
C�
COMMISSIONERS OF MrAMI-DADE COUNTYt FLORIDA, that this Board approves the M
21
Interlocal Agreement Creating the South Florida War zee Investment Board for Region 23 of
the State of Florida, In substantially the form attached her-do and made a part hereof, and
E
authorizes and directs the County Manager to Implement same for and on behalf of Miami-Dadc
County,Florida and authorizes the Mayor of Miami-Dade County to execute same for and on
behalf of Miami-Dade,County and to exercise all the provisions contained 1hereln, including the
X
0
0
.termination provision,, for and on behalf of Miami-Dade County, Florida, Upon the
recommendation in writing cif the County Manager, the requirements of Resolution No. R-377-
0
U)
04 are hereby waived pursuant to Seclon 4 of said resolution.
0
E
A
3/0
49, FPacket Pg.
Agenda Item No. 12(A)(5) 0
Page No.2
0
0
The foregoing resolution was offered by Commissioner who.
moved its adoption. The motion was seconded.by Commissioner 2
0
and upon being put to a vote,the vote was as follows;
Joe A.Martinez,Chairman 4-
Dennis C.Mdss,Vioc-Chairinart 0
Brono A.Barreiro Jose"Pope Diaz
Audrey M.Edmonsori Carlos A. Ofn-Lenez
Sally A.Heyman Barbara J,Jordan U-
Dorrin D.Rolle Natachn Scoas
Katy Sorenson Rebeca Sosa
Son,Javier D.Snto
The Chairperson thereupon declared the rosol-ation duly passed and adopted this 7th day
C14
Q
of March,2006. This resolution sball become affective ton(10)days after the dato of its C14
adoption unless vetoed by the Mayor,and if vetoed,shall become effective only upon an 21
override by this Board,
WhWDADF,COUNTY,nORIDA
BY ITS 130ARD OF COUNTY
COMMISSIONER$
E
HARVEY RUVIN,CLBRK
Approvcdby County Attorney as By: x
to form and legal sufficiency, Deputy Clerk
Peter S.Tell .2
0
U)
Z
0
E
4-5 FPacket Pg. 188ti
0
INTE RLOCAL AGREEMENT CRE ATING THIC U 0
0
SOUTH FLORIDA WORKFORCE VE,STMENT
BOARD FOR REGION 23 OF THEI STATE' OF FL A. 0
This Interlocal Agreement is made and entered Into by and between the Chief
0
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
4-
0
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
C14
caused to be created hereby a Local Workforce Investment Board for Region 23
21
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 refeiTed to as the"SFWIB"),
E
The SF shall be a separate public body, corporate, and politic, and a
governmental agency and governmental instyumontality of both Miami-Dade
X
County and Monroe County, The SMB shall be a governmental body In all 0
0
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 U)
are deductible under Section 170(c)(1)oft e Internat Revenue,Code of the United
States. 0
a, The SF WM sh,,ill have the power to soc and be seed, to plead and to be
impleaded, to contract and be contracted with, to enforce contracts and E
/2
41r Packet Pg. 1887
0
agreements, to accept grants, gifts or other resource--,,. to engage, an U
0
independent auditor, to have an official seal and alter same, and to incur 0
tort liability to the extent permitted by Section 768.28, Fla, Stat, The
SFWIB may exercise all of the powers specifically granted herein, Except 0
as limited in this Inlerlocal Agreement,the SFWlB shall exercise all of the 2
powers granted to Local Workforce Investment Boards by the Workforce, 4-
0
0
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.
04
b. The Executive Director of the SFWIB shall be selected by the SFMB. Q
04
C�
The Executive Director shall be an. employee of Miami-Dade County
75
within the administrative service of Miami-Dade County and ,nay be
removed from the position of Executive Director of the SFWIB in the
discretion of the SFWIB, The Executive Director shall be the Chief E
Operating Officer of the BFWM and, as such, shall implement the
policies,decisions,actions and directives of the SFWIB.
X
0
0
C. The staff ofthe SF WM shall all be employees of Miami-Dade County and
.2
who shall serve the SFWIB under the supervision and control of the
0
U)
Executive Director of the SFWIB. The staff of the SFWIB shall
Z
implement the policies, decisions, actions and directives of the, SFWJB
0
under the supervision and control of the Executive Director of the SFWIB.
E
2
FPacket Pg.
0
d. Legal counsel for the SFWIB shall be the Miami-Dade County Attorney's
0
Office. With the approval of the Chief Elected Official of Miami-Dade 0
County, the SF W1B m4y ftom time to time engage special legal counsel
for specific legal matters, 0
0. The members of the SFWIB shall elect a chairperson of the SFWIB, as 2
required by the Workforce Investment Act of 1998,as amended from tune 4-
0
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
telm not to exceed two years. No such officer shall serve more than two .2
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, mid by-laws of the SFW1B shalt
21
be determined by the SFW1B and shall become effective upon approval by
the Chief Elected Official of Miami-Dade County, The organization,
operating procedures, and by taws of the SFW1B shall comply with the lv
applicable federal,state,and local laws,ordinances,and regulations,
91 The SFWIB and its members, the Executive Director of the SFWIB., the
X
staff of the SFWIB and members of any and all committees of tile SFW1B
0
shall be subject to the.jurisdiction of the Miami-Dade County Corn in- Ismion
0
U)
on Ethics and Public Trust and the Office of the Miami-Dade County
Inspector General.- SFWIB members, the Executive Director of the
0
SFWIB,the stuff of the SFW1B and members of any and all.cuumilUms of
the SFWIB shall comply.with the Miami-Dade CoWy Code of Ethics
E
Packet Pg. 1889
0
Ordinance, Conflict of Interest Ordinances, Lobbyist Registration and U
0
Reporting Ordinances, and the Citizens' Bill of Rights, The SFWIB and
0
its members,Sic Executive Director of the SFMB,the staff of the SFWIB
and members of any and all committees of the SFWIB,shall be subject to
0
(2
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. 4-
0
h. No lobbying or legislative activity of any kind in or before any body or. .2
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 C14
Q
C14
C�
County Ordinance #04-219 or as may be authorized in writing by said M
21
Office f1rom time to time,
i. Notwithstanding any provision of State or federal law, a majority of the
appointed members of the SFWIB or n majority of the appointed members E
of any committees of the SFWIH,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
0
U)
members of the SFWIB or appointed members of a committee of the
Z
SFWIB who are physically present in the public meeting room or other
0
place of the public meeting shall constitute a quorum necessary for taking
any action at the public meeting. Notwithstanding any provision of State
E
4
F Packet Pg.
0
U
or federat law, only appointed members of the SFWlB or appointed 0
0
members of a committee of the SFW1B who are,physically present in the 0
public meethig room or other place of the public meeting shall be
permitted to participate in such meeting,take any action at such meeting, 0
or vote at such public meeting, Any such appointed member of the
4-
SFW1B or any such appointed member of a committee of the SFW1B who 0
Is not physically present In the public meeting room or other place of the
public meeting and who,neverlheless,participates in such public meeting,
or takes any action at such public meeting or votes at such public meethig,
while not being physically present in the public meeting room or other
C14
place of the public meeting, shall automatically, by operation of this CD
C14
C�
Interlocal. Agreement be deemed to We thereupon resigned forthwith M
21
from membership on the SFWIB, if a member of the SFW1B and from
membership on any and all committees of the SFWIB,
E
SFW1B 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
X
Manager, or the Miami-Dade County Manager's designee, All of the
.2
aforesaid'expenses shall be reimbursed in accordance with federal and 0
U)
state laws and regulations and Minint-Dade County ordinances and
policies, All travel expenses for SFW1B members or any other person
0
traveling for and on behalf of or at the request of the SFW1B shall be in
conformance with state law relating.to.travel expenses of public officers
E
5
VYFPacket Pg.
0
U
and public employees and Miami-Dade County ordt'natices and-policies 0
0
0
relating to travel expenses and shall be submitted in writingto the Miami-
Dade County Manager or the Miami-Dade County Manager's designee for
0
approval or denial by the Miami-Dade County Manager or the (n
Miami-Dade County Manager's designee,
4-
k, The SFWIB shall consist of a sufficient number of members and shall be 0
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
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Q
State and federal law. Members of the SFWI]3 shall serve at'the pleasure C14
of the Chief Elected Official who appointed the member and for such to 21
w determined by the Chief Elected Official who appointed the member,
However, no member of the SF WM shall be appointed to serve a term
E
greater than two years. SFWIB members may be reappointed by the Chief
Elected Official who appointed the SIFWIB member, Any SFWIB
member, regardless of whether or not the SFWIB mrmber is chairperson x
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 0
U)
appointed the SFWIB member. The Chief Elected Official of Monroe
County shall appoint two of the private sector members of the SFWIB and
0
the Chief Elected Official of Miami-Dade County shall appoint all of to
other members of the SFWIB. Representatives of businesses appointed to
E
Packet Pg. 1892
0
the 8,FWIB by the Chief Elected Offloint of Miaml«D►ade County or by the U
0
0
Chief Elected Official of Monroe County shall not include representatives 0
of businesses which are providers of public workforce services with funds
provided through- or from Workforce Florida, Inc. Furthermore, 0
representatives of businesses appointed to the SFWIB,by the Chief Elected
Official of Miami-Dade County or by the Chief Elected Official of 4-
0
Monroe County shall automatically forfeit membirship on the SFWfB 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
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Official of Miami-Dade County may,solely in his or her discretion,from Q
C14
C�
time to time,consider the recommendations,if any,of the City of Hialeah, M
21
the City of Miami, and the City of Miami Beach with respect to the
appointment of members of the SF WB by the Chief Elected Official of
Miami-Dade County, E
1. The SF WIB shall comply with the procurement acid 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
0
U)
Florida which may be applicable to Miami-Dade County and With the
applicable procurement ordinances, administrative orders,and policies of
0
Miami-Dade County.
E
7
F—Packet Pg. 1893
0
m. U
The County* Manager of Miami-Dade County and the administrative 4)
0
service of Miami-Davie County is hereby designated as the local fiscal 0
agent for Region 23 of the State of Florida,
The Chief Elected Official of Miami-Dade County for and on behalf of 0
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 0
Region 23 of the State of Florida and shall be liable for any misuse of the .2
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.
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0. The administrative entity for all Workforce Investment Act' TANF, and Q
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C�
other workforce programs implemented by the SFWEB within Region 23 M
21
of the State of Florida shall be the administrative service of Miami-Dade
County, The administrative service,acting as the administrative entity for
E
the SFWJB, shall serve the SF WJB under the supervision and control of
the Executive Director of the, SFWlB and shall finploniont the policies,
decisions,actions and directives of the SFWIB under the supervision and
X
control of the Executive Director of the SFWIB,
.2
p. In order 'to exercise Indepencidut oversight, Miami-Dade, County and
0
Monroe County,respectively,agree that Miami-Dade County and Monroe
County shall not be a direct provider of public workforce services with
0
funds-provided through or from Workforce Florida,Inc,
E
F—Packet Pg.
0
2. Monroe County and Miami-Dade County hereby agree to assume financial
0
liability for any misuse of grant funds in accordance with State and federal law: 0
Monroe County agrees hereby to assume 6,7% of any financial liability for any
2
misuse of grant funds; Miami-Dade County agrees hereby to assume 93.3% of 0
any financial liability for any misuse of grant funds,
4-
3— Each Chief Elected Official for and on behalf of their :respective jurisdiotion 0
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 SFWIR or by SPWIB staff or by the administrative entity or
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by either of the parties to this Interlocal Agreement unless ordered by a Q
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C�
court of competent jurisdiction or other superior State or federal M
21
governmental entity acting within the scope of its powers and jurisdiction
or unless otherwise approved by both parties hereto, Nothing herein shall
E
be construed to waive any rights of the SF WlB or the parties hereto to
seek legal or administrative relief from any such liability.
b, Tort liability incurred by the SFWlB or incurred by any member of die.
X
SFWIB or an member of any committee of the SFWIB or incurred by the
.2
ExecutIv6 Director or by a member of the staff of the SFWJB or of the
.2
0
U)
administrative entity, through or on account of the pwTormance of the
lawful-acts authorized or required by this Interlocal Agreement shall, to
0
the extent pennitted by Section 768.28, 'Fla. Stat, be solely the
E
9
Packet Pg. 1895
0
responsibility of the SFW1B and does,notand shall not constitute the tort U
0
liability of the parties hereto or their respective jurisdictions, 0
fit 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 0
Monroe County contribute a sum to the SFWIB for tho satisfaction of such
cs
-
tort liability incurred which shall equal 6.7% from Monroe County and 0
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 asset forth In See.768.28,Fla, Stat.
o. Costs and other expenses disallowed by the State or federal government or
C14
by the SFWIB with respect to contracts between the SFWIB and Monroe Q
C14
C�
County or between-the SFWIB and Miami-Dade County for the provision M
21
of workforce services shall be paid by and stall be the financial liability
solely of the contracting county. Nothing herein shall be construed to
authorise the SFVVIB to be a direct provider of intake, assessment, E
eligibility determinations,or other dir6ct 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
agmemenis between the SF W1B and any service providers or other entities 2
0
U)
or caused by errors of the SF W1B or of tho administrative entity or caused
by misuse of grant funds -shall be paid by and shall be the financial-
0
liability of Monroe County and Miami-Dade County in accordance with
E
10 -
FPacket Pg.
0
the following percentages: Monroe County-6.7%;Miami-Dade.County-
0
933%. 0
3. Nothing in this Interlocal Agreement shall be construed to impose personal
finanolal liability of any kind upon any Chief Elected Official. Nothing in this 0
Interlooal Agreement shall be construed to waive sovereign immunity in tort,.
except to the extent permitted by Sec,768,28,Fla.Stat. 4-
0
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,
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No employee of-the administrative entity or SFWlB staff shall respond to or Q
C14
C�
undertake any action to comply with any request by any such member which M
21
violates fates the provisions of the preceding sentence, The Executive Director shall
io
not knowingly allow any such inernbor to deal with any employee of.the
administrative entity, or SFWIB staff In violation of the provisions of the first E
sentence of this Paragraph ft 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 Excoutive Director or by
the Miami-Dade County Manager or by any subordinate of the Executive Director
0
U)
or by any subordinate of the Miami-Dade County Manager or participate in the 2
appointment or removal of officers and employees of the administrative entity or
0
of SFVAB staff nor shall the'Weelitive Director or the, Miami-Dodo County
Manager or any member of the administrative entity or of SF WlB staff or any
E
F—Packet Pg. 1897
1
0
sabotdinate of any of the foregoing accede to-such direction or request. Any
0
violation of any of the provisions of this Para #4 by any of the members of 0
the SPWIB or members of any SFWIB committee shall cause the removal
forthwith of such member from die SFWIB or the SF .committee or both,.an- 0
applicable,by operation of this Interlocal Agreement.
5. 4-
Notwithstandhig any provision of this Interlocal Agreement,the SFWIB shall not 0
engage In any activities of any kind unless permitted to be carried on by an .2
organization eligible to exclude income under Section I IS of the Intel-nut
Revenue Code of the United States and contributions to which are deductible
udder Section 170(o)(1) of the Internal Revenue Code of the 'United States.
C14
Notwithstanding any provision of this Interlocal Agreement, the SFWIB is Q
C14
C�
authorized and empowered to pay reasonable compensation for services.rendered M
2%
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 pail of the net earnings of the SFWIB shall inure to E
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, 2
X
in the event of the dissolution, liquidation, termination or expiration of the. 0
existence-of the 8FWIB, after promptly paying or adequately providing for the
0
U)
debts and obligations of the SFWIB, all monies, properties assets, and.rights, of
any kind whatsoever, shall be -forthwith transferred, delivered and conveyed to
0
Miami-Dade County for exclusively publie purposes, Notwithstandlug any
provision of this Interlocal. Agreement, the SFWIB shall only exercise essential
E
Ow"SNUIOW IL 42
F Packet Pg. 1898
0
governmental functions on behalf of and accruing to the State of Florida or any
0
political subdivision thereof. Notwithstanding any provision of this Interlocal 0
Agreement,the Chief Elected Officials and their respective jurisdictions who are
parties to this Interlocal Agreement shall have the powers and interests of an 0
owner of the SFWlB. Notwithstanding any provisions of this Interlocal 2
4-
Agreement,no private interest shall materially participate in any of the functions* 0
duties, or responsibilities of the SFWlB, Notwithstanding any provision of this .2
laterlocal 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 patties to this Interlocal Agreement. Notwithstanding any provision of
this Interlocal Agreement, the SFW1B shall provide-on atirrual.report, Including
annual financial audit by an independent auditor, to both Chief Elected Officials
21
and both respective jurisdictions who are parties to thii Interlocal Agreement.
Notwithstanding any provision of this Intarlood Agreement,,control, supervision
E
and authority of the SPWIR shall at all times be vested -in public authorltic%to
A the Chief Elected Officials and their,respective jurisdictions who are parties
to this Interlocal Agreement.
X
0
This Interlocal Agreement shall become effective on March 1, 2006, after it,,; .2
execution by th6 Chief Elected Officials of Komi-Dade County and Monroe,
.2
0
U)
County and shall expire on June 30, 2008. Both Chief Elected Officials have
been duly authorized by their respective-govenung bodies; the Board of County
0
Commissioners of Miami-Dade County and the Board of County Commissioners
E
Packet
13
Pg. 1899
0
of Monroe County, to execute this Interloeal Agreement for and on behalf of. U
0
Miami-Dade County and Monroe County,respectively,
0
7. Upon- expiration of this Interloeal Agreement, the SFWM shall be deemed
dissolved and no longer in existence. 'Upon the expiration date of this Interloeal
0
(2
Agreement and dissolution of the SFWJB or upon the dissolution, liquidation,or
termination of the existence of the SFWIB prior to-such expiration-date, after 4-
0
promptly paying or adequately providing for the debts and obligations of the
SFWIB,all monies,prqpertles,assets,and rights,of any kind whatsoever,shall be-
forthwith transferred, delivered and conveyed to Miami-Dade County for
exclusively public purposes. This Interloeal Agreement may be renewed in
writing upon execution by both the Chief Elected Official of Miami-Dade County C14
C14
and the Chief Fleeted Official of Monroe County for an additional period of time
2%
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
E
of Monroe County. This Interloeal Agreement and any renewals or amendments
thereto shall be executed in counter-part originals by each party and each such 2
X
counter-part original shall be deemed an original for all put poses. 0
S. This InterloW Agreement may be amended by the parties hereto, from time to
0
time,during the term of this Interlocal.Agteenient or any renewals thereof,upon U)
the execution of the written amendment by both the Chief Elected Official of
0
Miami-Dade County and the Chief Elected Official of omoo County but no
such written amendment shall be effective until both Chief Elected Officials have
E
14
Packet Pg. 1900
1
0
been duty authorized by their respective governing bodies, the Board of County U
0
0
Commissioners of Miami-Dade County and the Board of County Commissioners
0
of Monroe County.
9. The Chief Elected Official of Msaint-bade County and the Chief Elected Official
0
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 4-
0
accordance with the conditions set forth below:
a. The notice of termination shall be received-by the other Chief Elected
Of-Holal not later than sixty (60) days before the end of the current
.2
Workforce Investment Act fiscal year.
b. The terminating party shall not be deemed released from any current or C14
Q
C14
past fmancial obligations or any other current or past obligations of any
21
kind whatsoever incurred or agreed to by the terminating party which arise
out of this Interlocal Agreement.
C. Upon the oftbotive date of to 'nation set forth in the termination notice E
described in a.above,the SFWlB shall be,deemed dissolved and no-longer
in existence.
X
0
.2
2
0
0
E
15,
FPacket Pg. 1901
M.3.e
THIS INTERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF:
0
0
MI_ �DADE COUNTY
�IZTNESSES:
• as
BY �
Mayor �s
Deputy Clerk
•
Date
cm
21
0
0
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16
c�
c°;�rr�rsnarixa�c
Packet Pg. 1902
M.3.e
THIS INTERLOCAL AGREEMENT IS ENTERED WTO ON BEHALF OF:
0
MON12OE C®UNTY
0
WITHMES:
.Y. 4s
Mayor
Deputy Clerk
Date
a�
a�
21
x
0
17
Packet Pg. 1903