3rd Amendment 06/17/2020 ,. Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: August 11, 2020
TO: Kathy Peters, CP
County Attomey's Office
FROM: Pamela G. Han o,ti'lI .C.
SUBJECT: June 17th BOCC Meeting
Enclosed arc two duplicate originals of the following item for your handling:
N4 3rd Amendment to the ILA between Monroe County and Miami-Dade County
forming the South Florida Workforce Investment Board.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330
305-294-4641 305-289-6027 305-852-7145 305-852-7145
THIRD AMENDMENT TO INTERLOCAL AGREEMENT
CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR
WORKFORCE AREA 23 OF THE STATE OF FLORIDA
WHEREAS,on March 7,2006,the Miami-Dade County Board of County Commissioners
("Board") approved an Interlocal Agreement Between Miami-Dade County and Monroe County
Creating the South Florida Workforce Investment Board for Region 23 of the state of Florida and
the parties thereto subsequently executed such agreement; and
WHEREAS, on February 5, 2013, the Board approved an Amendment to the Interlocal
Agreement Creating the South Florida Workforce Investment Board for Region 23 of the state of
Florida that, among other things, extended the operation of the South Florida Workforce
Investment Board for Region 23 of the state of Florida until June 30,2016 and the parties thereto
subsequently executed such amended agreement("Interlocal Agreement"); and
WHEREAS,on August 17, 2016,this Board approved the>>Execution, Renewal, and<<
Extension of the Second Amendment to the Interlocal Agreement Creating the South Florida
Workforce Investment Board for Workforce Area 23, which, among other things, renewed the
Interlocal Agreement and extended the operation of the South Florida Workforce Investment
Board for Workforce Area 23 of the state of Florida through June 30,2020; and
WHEREAS, other amendments to the Interlocal Agreement are needed,
NOW, THEREFORE, based on valuable consideration, this Third Amendment to the
Interlocal Agreement is made and entered into by and between the Chief Elected Official of
Miami-Dade County,a political subdivision of the state of Florida,and the Chief Elected Official
of Monroe County,a political subdivision of the state of Florida,pursuant to the Florida Interlocal
Cooperation Act, the Miami-Dade County Home Rule Charter, and applicable federal and state
laws and regulations. In consideration of the covenants, conditions, mutual obligations and other
1
good and valuable consideration, on (O// 740 (date) the parties hereto agree as
follows':
1. The second paragraph identified as Paragraph No. 3 is hereby renumbered as
Paragraph No. 4. All paragraphs following the newly renumbered Paragraph No. 4 will also be
renumbered in chronological order.
2. Paragraph No. 1 of the Interlocal Agreement is hereby amended to read as follows:
• * r
m. The [[County-Manager]] >>Mavor<< of Miami-Dade
County and the administrative service of Miami-Dade
County is hereby designated as the local fiscal agent for
Workforce Area 23 of the>>state<<of Florida.
+ e +
3. Paragraph No. 2 of the Interlocal Agreement is hereby amended to read as follows:
Monroe County and Miami-Dade County hereby agree
>>that Monroe County shall assume three percent of
any financial liability for misuse of grant funds and
Miami-Dade County shall assume 97 percent of any
financial liability for misuse of grant funds.<< [[te
ctssttme-finaneia4-tiebitity-fer-Elflltmisttse-ef-grent-funds-ks
aersersianese-with-State-anfl-feteleral-leMOlifee-Ceunty
egr-ees-hereb3frte-BSStiliiaf-aliy-fiiieRekti4iabiliej4er
an miBuoc of ,.rant fund... Miami Dade /`oust r Agnes
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..eb, a 93 39 f a_. f____iel lievr. fur an.
ems.]]
4. Paragraph No. 3 of the Interlocal Agreement is hereby amended to read as follows:
• + e
b. Tort liability incurred by the SFWIB or incurred by
any member of the SFWIB or any 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
2
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 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 satisfaction of such tort liability incurred
which shall equal [[6.7%]]»three percent<<from Monroe
County and [[93.3%]] >>97 percent<< from Miami-Dade
County,all of which contributions for a single tort liability
claim when aggregated together shall not exceed the limit
for a single tort liability claim as set forth in Sec. 768.28,
Fla. Stat.
s
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>>. Monroe County shall assume
three percent of any financial liability for misuse of
grant funds and Miami-Dade County shall assume 97
percent of any financial liability for misuse of grant
funds.«[[ [[
Monroe County 6.7%; Miami Dade County 93.3%.]]
5. The renumbered Paragraph No. 8 of the Interlocal Agreement is hereby amended
to read as follows:
[[7]] »g«. Upon expiration of this Interlocal
Agreement,the SF WIB shall [[be deemed dio o v _a and_o
longer]]»remain<<in existence>>in its current state or as
a separate public body, corporate and politic, and a
3
governmental agency and governmental instrumentality of
Miami-Dade County. Upon [[t this
InterlocalAg-eement and dissol ♦ of the SF WIIB or
apex]] the dissolution, liquidation, or termination of the
existence of the SFWIB prior to>>June 30,2020<<[[ lief}
expiration date]], after promptly paying or adequately
providing for the debts and obligations of the SFWIB, all
monies, properties, assets, and rights, of any kind
whatsoever, shall be forthwith transferred, delivered and
conveyed to Miami-Dade County for exclusively public
purposes. This Interlocal Agreement may be renewed in
writing upon execution by both the Chief Elected Official
of Miami-Dade County and the Chief Elected Official of
Monroe County for an additional period of time but no such
renewal shall be effective until both Chief Elected Officials
have been duly authorized by their respective governing
bodies, the Board of County Commissioners of Miami-
Dade County and the Board of County Commissionersof
Monroe County. This Interlocal Agreement and any
renewals or amendments thereto shall be executed counter-
part originals by each party and each such counter-part
original shall be deemed an original for all purposes.
6. The renumbered Paragraph No. 10 of the Interlocal Agreement is hereby amended
to read as follows:
[[9]] >>IO<<.The Chief Elected Official of Miami-Dade
County and the Chief Elected Official of Monroe County
are authorized hereby by their respective governing bodies
to exercise the right to terminate this Interlocal Agreement
at any time but in accordance with the conditions set forth
below:
a. The notice of termination shall be received by the
other Chief Elected Official not later than [[sixty—(60)]]
>>180« days before the end of the current Workforce
Innovation and Opportunity Act of 2014 Workforce
Investment Act fiscal year.
b. The terminating party shall not be deemed released
from any current or past financial obligations or any other
current or past obligations of any kind whatsoever incurred
or agreed to by the terminating party which arise out of this
Interlocal Agreement.
[[a 1 pon the e fecti, e date oC termigetn et rt foh in the
.. A.scribed abo .. the SFWIB shag
4
be-eleemed-disselved-end-rte-leuger-in-existenee7]]]
7. Other than those provisions amended hereby, the remaining provisions of the
Interlocal Agreement are in effect and remain unchanged.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
5
IN WITNFSS HEREOF. die parties have executed this Third Amendmeru to laterlacal
Agreement Creating the South Florida Workforce Investment Hoard of Workforce Area 23 of the
State of Florida..,of the date first written above.
MIAMI-DADE COUNTY MONROE COUNTY
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Cubs A.G C
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Mayor MAURICE L. KEMP h�rr=. �� EIF
DEPUTY MAYOR / 7,, Q T
ATTEST MIAMI-DAD CTY. F `; `3
i 2 (a'—�—F` i Clerk a -...ri ,0 a
17 ti COUNTY—0— m 1 Deputy
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\...T}irS./Apprnved for form and legal sufficiency Approved for form and legal sufficiency
Egli I
By: Ekren By: " l..@r`t2
A :''r'-A Irons_ Attorney Assistant C y Attorney _..
_" 23
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OFFICIAL FILL con
CLERK or THE BOARD
OF COUNTY COMMISSIONERS
MIAMI-DADL COUNTY,FLORIDA
MEMORANDUM
Amended
Agenda Item No. 10(A)(1)
TO: Honorable Chairwoman Audrey M.Edmonson DATE: May 5,2020
and Members,Board of County Commissioners
FROM: Abigail Price-Williams SUBJECT: Resolution authorizing the County
County Attorney Mayor to execute the Second
Amendment to the Interlocal
Agreement between Miami-Dade
County and Monroe County that
created the South Florida Workforce
Investment Board for Workforce
Area 23 of the State of Florida;
authorizing the continued existence
and operation of the South Florida
Workforce Investment Board for
Workforce Area 23 of the State of
Florida after the Second
Amendment to the Interlocal
Agreement expires on June 30,2020
Resolution No.R-339-20
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.
I
AlII I..: . , /
Abi � - tlliams
County
APW/cp
Memorandum Ea
Date: May 5,2020
To: Honorable Chairwoman Audrey M.Edmonson
and Members,Board o Commissioner.
From: Carlos A.Oim. ��
Mayor cii-St,
Subject: Resolution Approving Ex:i ion to the Third Amendment to the Interlocal
Agreement that Created the South Florida Workforce Investment Board for
Region 23 of the State of Florida and authorizing the continued existence of the
South Florida Workforce Investment Board for Workforce Area 23 of the state
of Florida after the Second Amended Interlocal expires on June 30,2020.
Recommeodattog
It is recommended that the Board of County Commissioners (Board) approve the attached
Resolution relating to the Third Amendment to the Interlocal Agreement (Third Amended
Interlocal) that created the South Florida Workforce Investment Board (SFWIB) for
Workforce Area 23 of the state of Florida,d/b/a Career Source South Florida.Additionally,
it is (utter recommended that the Board authorize the County Mayor or the County
Mayor's designee to execute the Third Amended Interlocal between Miami-Dade County
and Monroe County that created the SFWIB and authorize the continued existence and
operation of the SFWIB after the Second Amendment expires on June 30,2020.
Sin
The impact of this Interlocal Agreement is countywide.
ybcal Imoact/Fundloa Search
Adoption of this resolution has no fiscal impact on the County.
Track Record/Meakot
Rick Beasley is the Executive Director of the SFWIB,and responsible for its operations.
Backarrouad
On March 7,2006,pursuant to the adoption of Resolution No.R-315-06 the Board approved
an Interlocal Agreement between Miami-Dade and Monroe Counties that created the SFWIB.
The Interlocal Agreement authorized the implementation of improvements to the
administrative structure of the SFWIB to enhance employment and training services, as well
as the organization's operating model. It was executed by the Chief Elected Officials of the
respective counties.
In accordance with the Regional Workforce Board Accountability Act of 2012, Chapter
2012-29, Laws of Florida, in January 2014, the SFWIB changed its business name from
South Florida Workforce to CareerSource South Florida.
Honorable Chairwoman Audrey M.Edmonson
and Members,Board of County Commissioners
Page No.2
On July 22, 2014, President Barack Obama signed the Workforce Innovation and
Opportunity Act (WIOA) (Pub. L. 113-128) into law. The WIOA is landmark legislation
designed to strengthen and improve the nation's public workforce system and help get
Americans, including youth and those with significant barriers to employment, into high-
quality jobs and careers,and to help employers hire and retain skilled workers.In accordance
with WIOA legislation, local workforce development boards are required to develop,
approve, and implement a service delivery plan to resolve employment issues. The local
service delivery plan must be updated and approved every two years.
On February 20, 2020, the SFWIB approved the 2020-24 Local Workforce Service Plan
that 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 Transitionffemporary 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.
Over the past 13 years, the SFWIB has demonstrated fiscal accountability by producing
clean audits with no adverse findings or material weaknesses. The SFWIB has also made
considerable investments in both Miami-Dade and Monroe Counties. During Fiscal Year
2018-19, a total of 17,151 South Floridians were placed in jobs as a result of employment
and training services provided by the SFWIB and its contractors. For every dollar invested
to employ and train jobseekera, the community received a $31.77 return on investment. A
total of$381,400,851 million dollars in salaries were generated within Miami-Dade and
Monroe Counties.
1
rl
i- /'7r
Maurice L.Kemp
Deputy Mayor
ei
MEMORANDUM
(Revised)
TO: Honorable Chairwoman Audrey M. Edmonson DATE: May 5, 2020
and Members, Board of County Commissioners
' rI G�
�i . 1!111I/ry
•� ) i s \� �C�� Amended
FRO tgad 'nce- � tams SUBJECT: Agenda Item No. 10(A)(1)
1 wnty Attorney
Please note any items checked.
"3-Day Rule" for committees applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Statement of social equity required
Ordinance creating a new board requires detailed County Mayor's
report for public hearing
JNo committee review
Applicable legislation requires more than a majority vote (i.e.,2/3's
present ,2/3 membership_,3/5's ,unanimous , CDMP
7 vote requirement per 2-116.1(3)(h) or(4)(c)_, CDMP 2/3 vote
requirement per 2-I I6.1(3)(h) or (4)(c) or CDMP 9 vote
requirement per 2-116.1(4)(c)(2) ) to approve
Current information regarding funding source,index code and available
balance, and available capacity(if debt is contemplated) required
4
Amended
Approved Mufti Agenda Item Na 10(AXI)
Veto 5-5-20
Override
RESOLUTION NO. R-339-20
RESOLUTION AUTHORIZING THE COUNTY MAYOR OR
THE COUNTY MAYOR'S DESIGNEE TO EXECUTE THE
THIRD AMENDMENT TO THE INTERLOCAL AGREEMENT
BETWEEN MIAMI-DADE COUNTY AND MONROE COUNTY
THAT CREATED THE SOUTH FLORIDA WORKFORCE
INVESTMENT BOARD FOR WORKFORCE AREA 23 OF THE
STATE OF FLORIDA; AUTHORIZING THE CONTINUED
EXISTENCE AND OPERATION OF THE SOUTH FLORIDA
WORKFORCE INVESTMENT BOARD FOR WORKFORCE
AREA 23 OF THE STATE OF FLORIDA AFTER THE SECOND
AMENDMENT TO THE INTERLOCAL AGREEMENT
EXPIRES ON JUNE 30,2020
WHEREAS,this Board desires to accomplish the purposes set forth in the accompanying
memorandum,a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY,FLORIDA,that this Bond:
Section 1. Approves the Third Amendment to the Interiocal Agreement between
Miami-Dade County and Monroe County that created the South Florida Workforce Investment
Board for Workforce Area 23 of the state of Florida("Third Amended Interlocal"),in substantially
the form attached to this resolution,which authorizes the continued existence of the South Florida
Workforce Investment Board for Workforce Area 23 of the state of Florida after the Second
Amended Interlocal expires on June 30,2020.
Section 2, Authorizes the County Mayor or the County Mayor's designee to execute
the Third Amended Interlocal, in substantially the form attached hereto and incorporated herein
by reference.
5
Amended
Agenda Item No. 10(A)(I)
Page No. 2
The foregoing resolution was offered by Commissioner Barbara J.Jordan
who moved its adoption. The motion was seconded by Commissioner Audrey M. Edmonson
and upon being put to a vote,the vote was as follows:
Audrey M. Edmonson, Chairwoman aye
Rebeca Sosa,Vice Chairwoman aye
Esteban L. Bovo,Jr. aye Daniella Levine Cava aye
Jose "Pepe Diaz aye Sally A. Heyman aye
Eileen Higgins aye Barbara J. Jordan aye
Joe A. Martinez aye Jean Monestime aye
Dennis C. Moss aye Sen. Javier D. Souto aye
Xavier L. Suarez aye
The Chairperson thereupon declared this resolution duly passed and adopted this 5th day of
May,2020. This resolution shall become effective upon the earlier of(1) 10 days after the date of
its adoption unless vetoed by the County Mayor, and if vetoed, shall become effective only upon
an override by this Board,or(2) approval by the County Mayor of this resolution and the filing of
this approval with the Clerk of the Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
aoMatt COUNTY COMMISSIONERS
A
2 , eii HARVEY RUVIN, CLERK
0 oM
"'* Melissa Adames
By:
Deputy Clerk
Approved by County Attorney as
to form-and legal sufficiency.
Shanika A. Graves
Alisha Moriceau
W