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Item C04BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting .Date. 0 1 }/2013_ Division: Social Services Bulk Item: Yes X No Department.- Social Se Staff Contact/I'hone #: !Shell firy al x4 4 AGENDA ITEM WORDING: Approval of amendment to the exstlng Int -1oAgreement between the South Florida Workforce Investment Board for Region 23 of the State of Florida and the Chief Elected Official of Monroe County, to extend the contract period through 30/2016. ITEM BACKGROUND: Interlocal Agreement Creating e South Florida Workforce Investment Board for Region 23 of the State of Florida; approved on 02 15 2006 PREVIOUS RELEVANT BOCC ACTION: Beard approved on 02/15 2 d 10/17/2012 and rescinded 01/16/2013 becauseMiami-Dade BOCC had not been able to get the item on the agenda. CONTRACT/AGREEMENT CHANGES: Change language regarding `with the applicable procurement ordinances, administrative orders, and policies of i-Dade County' to "with the procurement policies established by the S IB"_ Change Dade County Manager, or the Miami -lade County Manager's c e ig ee" to ChiefElected Official of lade County or the Chief Elected Official ofMiami-Dade Count 's designee": Extension of expiration date to 06/30/2016. STAFF RECOMMENDATIONS: Approval TOTAL COST: estimated average $6xCOST: 0 BUDGETED: "des 2 No DIFFERENTIAL OF LOCAL PREFERENCE. COST TO CO TY: !summated p3 e $6,000.00 SOURCE OF FUNDS: G REVENUE PRODUCING: Yes — No AMOUNT PER MONTH Year APPROVE BY: County Atty O rch `ng Risk l ag ent , E DOCI NTATIO : Included Not R i ed Lvfligo�Z MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: South Florida Workforce Contract# Effective Date: Expiration Date: 06/30/2016 Contract Purpose/Description- Approval of amendment to the existing Interlocal Agreement between the South Florida Workforce Invesbnent Board for Region 23 of the State of Florida and the Chief Elected Official of Monroe CMIL to extend the contract ggfio throu 06/30/2016. Contract Manager: She_�1_Grah 4510 Social Services/Stop #1 {Name 0} (Department/Stop #) for $OCC Twtipg on IO6/19/2013 Algetida, Deadline: 06/04/2013 CONTRACT COSTS -00 0 Budgeted? YesS No ❑ Account Codes; Grant. $ 0 - - County Match: $ 0 - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: of included in dollar value above (e& maintenance, utilities, 'ani#orial, salaries, eic. Date In Division Director Y ,gas Deeded Risk Management YesEl NO E( O.M.B./Purchasing 13 Yesn NoEr County Attorney YesO No� 1 Comments: OMB Form Revised 2/27/01 MCP Date Out r , 5 AMENDMENT TO INTERL OCAL AGREEMENT CREATING TIE SOUM FLORIDA WORKFORCE INVESTMEMI7 BOARD FOR REGION 23 OF TIRE STATE OF FLORIDA This Amendment to Interlocal Agreement Creating The South Florida Workforce Investment Board For Region 23 of the State of Florida is made and entered into by and between the Chief Elected Official of hfiami 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 Interloc al Coffmation Act, the Mann -Dade County .Home Rule Charter, and applicable federal and state laves and regulations. In consideration of the covenants, conditions, mutual obligations and other good and valuable consideration, the parties hereto agree as follows: s."— ot itTA-terlocal Ureatinglile South Florida Workforce r 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 writing by the Mmagees )L&k4 f Elected M.c ial of Miami -Dade Cgmpjy or the Chief Elected Official of . Dade Conk Ws designee«. All of the aforesaid expenses shall be reimbursed in accordance with ude.rai and state laws and regulations and Maanti.-Dade County ordinances and policies. All travel expenses for SFWIB members or any other person traveling for and on behalf of or at the reiluest of the SFWIB shall be in conformance with state law relating to travel apenses of Public officers and public employees and Miami -Dade Co=ty ordinances and policies relating to travel expenses and shall be submitted in writing to the [p4jaffli-D ,,.. MnMgff of &e ", r—A- r„ajUty ,.am6f om ��- �, �wmftjj> Elated Official of i+�Iiami�Dade County or the Chief Elected Official of miami-Dade C,00 ,s i Words stricken through and/or [[double bracketed]] shah be deleted. Words underscored and/or »double a rowed<< constitute the moment proposed. Retraining provisions are now in effect and remain unchanged. 0 �<lbr #pl)tOVal Or d0nial by tile Chief fflOftd OlTicital of _MiamDude County or the Cluef Elected Official ofMlanil�Vado Coutn)�s dwigneit, 2. PAMWAPh 1 (1) *rthO lote-FloCal Agreeflrelit CrMfing The $011(h Florida Worldbreo* Investment Board For Itegion, 2rthe State ofFlQrida cS 11wreby amended to read as followi: 1. 7110 8FWJ9 sholl c y With the proctuvAlcut atid expendittkre PrOOVOUM luluited by WOMI Jaw ror the expeadittliv of Weral Ainds. To tho extent not in WRW)ft WOW law RW regulations, the, SFW[B Shall comply with the promument laws nod regt� of the State of F1004 *" may be #Wfeable to and [[M4"O I Pmgraph 4 of ft tol Agmement Creating The -south Florida wo luves[scat Road For Reelon 23 of tbe Stoic of Florida is hereby ameaded to reall asjbjjo-puff: 4, The members of the SFWW and the iuoinkm; of uqy Committees of OW SUMB shall deal with the omploym tip the ad-winistrative enrity and SMIS staff sololy through the, Exacutive D-imtw and no such mgmbgr shall give, orders to any employ m of the achnInignutive ontltv or &CMD staff either publicly or pAvately. No employea of the administrative entity or SIMB stafTsball m,laj _ ad topr undertake any action to comply Will, any yque.,9t by any such IM111ber Whkh violutoo tile- pCO"VISIOUS of the- 'pran* eding -sentence, The ExcoutiYDirector sball not knowingly allow any such Mealbor to *41 vVith any ernflloyeo of the administrative evitity or SMIS staff In Violation (if dic Provisions of the i(Irst sentence of this Paragraph 114, NO errb" of the $FWJJ3 or any mombor of -any col-0 "littoo of 0-' Sri WID or resat tho shall dirm- 4PPOilifirefit of any petson. to, or his or liar mmoval froal otrice or envoyment by tile ExecutivC Director or by the the. of f the ------------- tmtlty or of 8 V WIB stuff nor.-Juill the Uumalve Mr'tor o I � - _r thD (Mam"W"OuRb—MMMOW11 'z1>Q1iQL_M9_r1� Cq"1 << or oily 111wrtbor of the adaiinborative entity Wwil"WID sto lfor any-subordinutv, 9 of tiny of the romgo'llig aomle, to sage d1roction or mium = Any violation of any of the provisloas of thIS Patugraph by any of the metmettibm of t1m SFWl9r m ors off any SFWtf3 comovittee sixth carom the mmoW forthwith of such rots ; _ ftom the SFWIR or t1v SFWT8mitt r ffiapplicable, by opomdolit of tifis baton . Paragraph 6 of the Intertoctil Agreement Greeting The ou rich ftckforo himaimot Board For Region- 23 of the State of FlNda is hem - amended to road 4s 0 This Interlocal Agminent shall bwom efimti ve on Wrob , 2006, after its execudon by the Chief Wooted Officlals of Miami-Dmle Coutdy md Mon= CouDty and shall expire June 30, j>> <--, l3oth Chief Masted, OfficialOfficialfl bave been duly aothodud hy their respecalve governI bodies, the Board Comity Commissioners of MhtmkDade Countyd OteBoard of County Commumi,qum of Mourm County, to emute this, WOrlocal, 4rooment for and on Whu)rof M1 RI1-Dade, coutity an molum, Counly, . i el� PLOR IDA WOWORCE INVESTMIR4T BOARD FOR U010N 23 OF THE STATL4; OF FLORIDA IS U`1 INTO ON BERALFm OF- G Deputy Clerk MIAMI-DADE COUNTY ` Y Date, 1H THM AMENDMENT TO NTBRL Al. AGREEMENT CRRATINGTHE SOUTH FLORIDA WORKFORCE NV iM-ENT BOARD FOR REGION 23 OF T14B STATE OF FLORIDA IS 13NTERED tNTO ON BEHALF Of: NORCi1 COUNTY WiTNt"�5; - BY Wyor - - t Deputy Clerk lato f E OUNTY R ED AS , PEDRO J. ' CADO ASSISTANT COU 11 MCIAL VUIE copy C E"' OF THE BOARD _ MV-DAB Y COLS O . L MEMORANDUM Agenda ChairwomanTO: Honorable ' 0 Boardand Members, FROM: R. A. Cuevas, Jr. $ Resolution approving Countyttd ear Amendments to the Interlocal Agreement with Monroe County creating the South Florida Workforce Investment Board for egi+n 23 Resolution No. R-5-1 amendedThis Atm was from the original version as stated m the County Mayoes memorandum. The accompanyingresolution was preparedby the Souffi Florida- and placed on the agenda at the request of Prime Sponsor the Economic Devel & Social Services CA— i ``IIIII'Iy`�'IIlItl` �� E AM Memorandum E" Bate: February s, 2013 sa l s 3 nt to Agenda �t�� No. To: Honorable o � and Members, Board of 10(A}1 From: Carless A- Gimenez Mayor Subject;Supplemental �ion n lcse[ Agreement Createdthat the South Floridacsr tsrce Investment Board for Region 23 and Extendingthe Term of the Agreement This supplemental report serves to clarify that Monroe County previously approved the Interlocal Agreement in October of 2012, bid has since withdrawn- Dane: February 5,2013 TO., Honorable Chairwoman Rebeca Sosa • Members,:•.: • of C• ! I From: Carlos A. Gimenez Mayor ��Subject: Resolution Amending the Interlocal Resolution No. R-31IS4* as an attachment ment that Cheated the South Florida 23 and Extender the Term of the Rec MMMndation The accompanying resolution is being ptavet before the Board of County Commissioners (Board) at the request of the South Florida Workforce Inrrestment Board (SFWIB). This item approves (a) the Amendments to the Interiocal Agreement with Monroe County that created the South Florida Workforce Investment Board (SFWIB) for Region 23; (b) extends the term of the current Interlocal ant through June 30, 2016, and; (c) fulfills the requirements of the Workforce IrtfAct secU o have art a agreement between the Chief Fleeted Officials for the workforce region. The tnteriocal Agreement expired on June 30, 2012- Approval of the attached Resolution and Agreement will extend the term of the current. Intl Agreement through and ceding 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. Fiscal knoactlFurnOng Source Adoption of this Resolution does not create an additional fiscal impact to the County. Track,,. Rick Beasley, Executive Director of South Florida Worklbrce vAll monitor ffft agreement Backaround The proposed ametxirrterrts will revise the language **dn the ongi ral agreement. All references to Mi_Dade Comet der have been replaced with Chief Elected Official of Miami -Dade County_ Further amendments, are r+equ red to delete language pertaining to the County's procurement Policies and to Iru*#de the newly established SFWIB procurement polcies. Additionalllyt this merit will exhw4 the term of four years, to expire on June 30, 2016, On March 7, 2006, the Board adopted Resort No. R 315-08 (see attached) which approved an lntedoca3l-Agreement between the chiet elected officials of Mlaml-Dade and Monroe counties whit created the SFWIB and the current administtative structure. N Honorableg!,{ submitted to the United States Department of Labor. Forfederalt.-$#.. Act of see proposed Wcx:# Services Plan was accepted and approved `.#. #. conditions ! attached. The SPM6 has also made ftwestments in Miami -Dade County, During to Is ided a I average re Attachment Russell Behford, Deputy Mayor K �. s � Memorandum N Des: , 21 Honorable ChairRebeca Sosa s Membem, Board of County• South Florida Workforcp_ Investment, Bwd ..� local on May 79 2006-, the E;oardadopted Resolutlon No. R-315-32 which approved an Interlocal Agreement Wween 'the chief elected OMCW$ of MiarnI-Dade and Monroe counties, The approval of the Inteflocal *..... Agreement created the 8F WIS and its current tnistrativt, structure. Since -the- were t i toenharce employments operatingas; well as, the modei of theorgan�mfion. counties,state and federally funded worktorce development and training policies for Mijaml-Dade and Monroe resourcesoeveryone at no costthrough MEMORANDUM TO: Honorable Chairwoman Rebeca, Sosa, and Mctnbers� Board of County . � Mal FROM: County Please note any items checked. IDA: February 5, 2013 6WeCks required between first reading and public hearing 4 weeks notification to municipal ,public hearing Statement of meal impact required' Ordinance creating a new board requires ed Count AIAyorls report for public hearing NO committee review Applicable legislation requires more than a majority vote unanimouso approve 0 Approved Mayor �Icto Override Agenda Item No. 1 ( 1) -3 RESOLID-17ION, APPROVING AMENDMENTS TO THE INTERLOCAL AGREEMENT WrM TMNTRE COUNTY CREATING TEE SOUTH FLORIDA 'WTORKFORCE' INVESTMENT BOARD FOR REGIONT23 OF THE STATE OF FLORIDA, AUTHORIZING, MAYOR CE MIAMW-DADE COUNTY TO EXECUTE AM ENDMEN7 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 COYNTY COMMISSIONERS OF NffAMI-DADE COUNTY, YLORIDA, that the Board approves the Amendments to the Interlocal Agreementwith Monroe County Creating The South Florida. Workforce Investment Board for Legion 23 of the State of Florida, in substantially the forra attached hereto and made a part hereof, and authorizes the Mayor of Miami -Dade County to e foregoing l 'can was offered by Commissioner Audrey Edmonson who moved its adoption. The motion was onded by Commissioner JO-Pepe- Diaz d upon being to a vote, the vote was as follows: Rebeca Sosa, Chairwomm aye ,ynda. Bell, Vies: Chair aye Bruno A. Barreiro aye- Esteban E. I ovo, Jr. aye o' l Diaz aye Audrey M. FAmonson aye Sally A. Heyman absent Barbara J. Jordan aye Jean Moneestime aye Dennis C. Moss aye -en.. Javier D. Souto aye Xavier E. Suarez aye Juan C. Zapata aye 2 Agenda Item NPo. 10(A)(1) Page 'I'lie Chairperson thereupon declared the resolution daly passed and adopted this 5tfi day of February, 2013. This resolution shall become effective ten (10) days after the date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board. lax(okow-111tat M1"fl-DADE COUNTY, FLORID," BY ITS BOARD OF COUNTY CONOMSIONERS HARVEY RUVIN, CLERK Christopher Agrippa By: Deputy Clerk I Ate# rrim # Revimd'7/09 Front Gramm -Sheryl Sent Thursday, January 03, 20131..09 PM To: 'Rick Beasley`: 'Antoinette lean -Baptiste` cc: Frederick -Debbie: Zewadski-Edith; Francis -Lourdes; 'Marian Smith; 'Phillip Edwards',., =- SubjeM RE: RA Rick, As of this date, we still do not have the signed ILA back from SFWIB. It was sent via Fed Ex to your office after our BOCC approved it in October. We gave it an extra month and did not rescind the agreement in December, hoping that would afford your organization more time to execute it. However, at this point, it is too late and the ILA is going to have to be rescinded at our January meeting. Our perk of court has changed, our Mayor has changed, and therefore, the ILA ' needs to be re -done. At such point as you want to brim this to our BOCC again, please feel free to do so. Kind Regards, Sheryl Graham, Director Vonroe County5ociall Ser—vices 1100 Simonton Street 2-257 Key West, FL 33040 305,292.4510 (Office) 305.295.4359 (Fax) wham-shery Mmonroecounty-f! aov HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: bM:1/manroecofl virtnaftownhal FL Web©ocs/css Your feedback is important to us! Please note: Florida bas a very lead public records Law_ Most_wnt4m cornnumicatmns to or rm Jfwsiness are public record. available to the public and media upon request. Your e-mail communication may be subject to public disclosure. Fnm: Graham-5teryf Sew wed+tesday; October 24, 2012 4:35 PM To: 'hick ; 'Antometbe Jean -Baptiste• C Fr c Debbie; Zewafti-E h; Ranck des; `Marian S�fM; `! E;dwar&'; Mersa ID-Redro; Campo-Abrar � SRE: RA 1 If we cannot get these originals back by November 2fi ', we will need to rescind the ILA on our BOCC agenda and start the process over again once your BtKC finalizes it. The Fed_Ex envelope -should -be in-yow offsce-byW0Xc aterrwvnCktober 25j,� - Sincerely, HELP US HELP YOU! Please take a moment to complete our Customer Satisfaction Survey: rfmanroecail.vatualtow l onroecoFt VVebt)ocs/css Your feedback is im portant to us! t'lease now: Florida has a very broad public mcords law. Most written communications to or from the County regarding County disclosure. re. one public record, avaiiatsk to the p#ic and media upon request. Your e-mail communication may be subject to public Tt y, Ott 23, 2012 2:53 PM To Graham-Stwyl- Arftineft .lean- Mpfiste e; Ala -Eder, Fracas- Lourdes; Marian Swath; Ptv ft 6dwarJs feAA Sheryl: I have not been advised of the date of ILA being presented to the BOCC. Once that I have a date, I will forward. Rick Beasley Executive Director South Florida Workforce 2 lfj . - _. Tuesday,t .•- Rick #-Antoinette Phillip Edwards RE: ILA e need to report to our Clerk of Court what date this item is set to be heard by the Miami -Dade County Commission. Please advise.. 5 aeryi Graham, Director A4onroe County Social Services 1100 Simonton Street 2-257 ey West, FL 33040 05-292.451: (Office) 305.295.4359 (Fax) graham-s eryil8monroeco nt r fi Gov LP US HELP YOU! 'Please take a moment to complete Our Customer SatisflictiOn Survey la ;IftnOn o f vi ale a nl al rae of L webess Your feedback is important to us! Please note: Florida has a very broad public recordslaw. Most written Communications to or from the County regarding County business are public record, available to the public and media upon request- Your e-mail communication may be subject to public disclosure. .- Friday, October 19,20128:19 PM TO Frederick -Debbie Cc: Pick Beasley; ld-Edith; Marian Smith; Phillip George Edwards Fee: ILA On what exact date is this Mena set for the Miami -Dade County Commission agenda? Please advise so that we can update our County Clerk. Sheryl Graham Social Services Director Monroe County Social Services 3 (305) 292-4510 Sheryl/Debbie: Good Afternoon. Miami -Dade COuntV Commissioners have not approved ILA yet. I would suggest holding on to originals until Miami -Dade passes the ILA, unless there is a time limit for the Monroe County Mayor to sign off on the [LA. Mr. Rick Beasley Executive Director South Florida Workforce 7300 Corporate Center Drive #50o MiAmift 33126 305-594-7615 On Oct 18, 2012, at 3:42 PM, "Graharn-Sheryl' <Graham -Sheryl @MonroeCountIL-FL.Gov> wrote: I would agree but we will it to hear from Rick. The package of documents is on Luli's desk, waiting for a determination. Sheryl Graham, Director Monroe County Social Services 1100 Simonton Street 2-257 Key West, FL 33040 305-292.4510 (Office) 305Z! _�!j.4359 (FaXj 4 Please note: Florida has a very broiid public records law. MOA written communications to or from the COunrY regardin" County business are public record, available to the public and media upon request. Your e-mail communication may be subject to public di to From: Frederick -Debbie Se ft- TbUfSdaY, October 18, 2012 3:37 PM To.- Graham -Sheryl; Cc Zewadsid-Edith; FrancisAourdes SLd&ct: RE: RA Probably yes, unless Rick has originals. Lees see how he responds to my email where I asked him about his executed originals. VeAe 7w4&v", 6.pW Deoutv Countv Ar1miniQtr=tr%r The Historic Gato 6gar Factory 1100 Simonton Street, Suite 2-205 Key West FW*a 33NO Offica 306-292-4441 Fax 305-292-4,r%44 unbLft.-qov Please not&.- FWW has a Rog. '40,01 Rwn: Graham - Sheryl Thursday, OdOber 18, 2012 3:21 PM To: Frederkt-Debbie; rbeaSleVOso"fhfiQddawqrkf orce-com W ZOWadtW-Edith; Frani:E�-Lourdes SubJect: RE: iLA The original SIX copies that we have in my Office are only signed by the County Attorney. They have not been executed by SFWIEL Should we send them to Rick for execution before we route them to the Mayor and Clerk? Sheryl Graham, Director Monroe County Social Services 1100 Simonton Street 2-257 Key West, FL 33040 305-292A510-Mffjc--,) EMSEMEMUMUM Please t , to Please records the t request.communication,. be FFrederick-Debbie Thursday, October 18, 2012 2.56 PM T4: � ' CC GWIM-Sheryi; Zewadski-15dith Subject. ILA Rick, The ILA with Miami -Dade and Monroe was approved yesterday by our BCiCC. Either Sheryl Graham or Edith Zewadski from Social Services will be forwarding you an original; however, i don't believe that we received executed originals from you yet. Please advise the status of Miami-Dade's executed Agreements. Thank you. ` r , epw Deputy County Administrator The Historic Gana Cigar Factory 1100 Sknonton Street Suite 2-205 Key Ft ,3 Office 305-292 1 Fax 305-292-4544 fr rick-clebbieC mtartr un!y-fi.gov -comanunwatimm to or ftm the ty CORN"UnIOMM any be to Public disefosura. Memorandum -1 t wa: March 7, 2006 -- - To: Honorable Chan Joe A. Martinez Agenda Item No. 12(A)45? and Members, Board of County Commissioners From: ��AridaWorkforce .� Sect: South F Review and Restructuring Recommendation It is recommended that the Board of Colony Commissioners approve the attached resolution relating to the resftucturft of the local workforce brvestrnerd board for Region 23. It is also recomnumded that the Board waive the requirements of Resolution No. R 377-04 with respect to this Resolution and Interlocal Agreement BaFckg� Signed Into effect on August 7. 1998, the federal Workforce Ind Act of 1998 (WIA) was created as a comprehensive reform legislation to affect the federal job training programs and lo -- is e e as to - seven key principles as a basis to accomplish these tasks: Streatml r ft services through better irttegration at the initial contact point, namely the One -Stop cry system; • Errgxwerfng lndktiduais through financial kdorrnation and support; • Creating universal access to enipktyrment related services; • Increasing accountability for state and kxW entities; Crea#Ittg strong roles for local workforce Investment boards and the private sector, Allowing for state and local foxibility to tailor services based on local and regional labor markets; and • Improving youth program as they relate to local market and community pt ograms and serview needs. Under the federal VVIA. each state Is mandated to create a State Workforce Investment Board. Shortly after the enactmeM of the federal iegislatin, Florida created and passed the VVortfo rce Innovation Act of 2000. The Workforce Irmovation Act created Workforce Florida, Inc. and the Workforce Florida Bid_ Workforce Florida, Inc. monitors and oversees the administration of the state workforce poky, aid all of ifs activities including designating local areas, reviewing local per, and the programs and services implemented by the focal boards. There are currently twenty-four (24) Neal areas or r+egiom, in Florida. WKI* each region, the federal WiA requires the creation of a Loxes Wow Investment Board. The members 12 ♦ 't the governor # the Workforce Florida Board. ♦ t of Soldft t t. t # : a a The local board, in conjunction with the local chief elected official(s), sets the policy for the portion of the statewlde� Workforce investment system within the local area. The role of the local workforce board includes: * Developing a five-year local plan and overseeing the on"top system, youth employment, and training SelectingSelecting one -stop operators; youthproviders, Developing a budget; Negotiating agreement on local performance Collecting information to assist with the statewide statistical system; Promoting private sector Involvement on the statewide investment system. The South Florida # # Board :. is the regionalWorkforce ti,..# for Region Which encompasses MWmW)ade 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. Miami -Dade County 42.2% City of Miami i 6 City of i t City ofMiamiBeach • i i i y # t # #t # `tom t # ° i •tf • # s IN Honorable Chairman Joe A. Martinez and Members, Board of County Commissioners Rage 3 designate the local fiscal agent; assume the financial liability In accordance with state and €ocieral law. The current members of the SFETC Board are: South Flores EmployrnwA and Training Consordurn municipanty Member Representatives tkn aovemmental Liaison Q flrersi MWml-Dade County George Burgess Tony E Crapp, Sr. County Manager Assistant County Manager City of MiamiAdministrator;/City .fse Arriola, Chief David Rosenrond Manager Chief of Staff City of Miami Beam Jorge M. Gonzalez Mays D. Buitac avoli, Director, Human City Manager Resources and Risk Management .lino Rof�na Frederick Marinelli, City of Hialeah Director, Dept of Grants & Human Servidw Monroe County Tbomas J. tali Acnistra�r CountyCounty .terry UCathey Community Services Division Director & Prod Manager The South Florida Worldorce staff provkles administrative support to both the SFETC and the SFWB. Both boards are also response for selecting the Executive hector of the SFW, who in turn reps to both per. Prior to the current Conscxfiunf agreement, the SFETC and the SFWB had sate Executive Directors and staff. However these functions were consolidated In the July 1,.2004 Consortium agreement. Status of South Florida WwWoree 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 rite overall kick of coordination and effectiveness of the organization. The first review by ffm Public Policy Department of the South Florida Warkfbrce mentions Via two-vrganixatlon 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 probes within the organization. The second study requested by the SFW was conducted by the MebWolltan Center of Florida InWna*wW Unh w miry. This survey- :! study also commented on the fragmented communications ations within the SFW and m boned the nod for SFWB reform, specifically within the areas of Board conduct, conflict of inkwests, arrd competence. 3 14 ,legislation applicable to Mlarni-Dade County boards, Including all state laws which will serve to alleviate some of the Irnmediater concerns regarding ethics breaches and conflikis Interest 1 The Executive Director of the SFWIB will be selected by the SFWIB. The Executive Direct Vill be an employee of Miami -Dade County within the administrative service of the Coun and may be removed in the discreWn of the SFWIB. Both the Executive Director and th staff of the SFWIB- shall be employees of Miami -Dade County thereby removing a sovereign Immunity liabilities for staff. 7be Executive Director will be the Chief Operatin', 1. Officer of the SFWIB and, as such, will Implement the policies, decisions, actions ans directives of the SFWIB. The -staff of the SFWIB w-111 Implement the policies, decisions, actions and directives of thel SFWIB under the supervision and control of the Executive Director of the SFWII3 to resolve the issues ftt have been raised by %a SUds WFI. I I iN Dcmmbw28,M5 W. Rick Bosky, ftecm&eBimctor save 11wids worldm Tim CwTonie Cmier Drive swom Wwd, n 3Si26 new cam: Wwkbm FWrWl& Bond aMuNndmin W&W wwkftwbow* tD IMM *At be Iced nxipknb of kdtrd Auft amiscon4ffiam whb fadad and sWe law. hi Dmmber, 2003, WwkfimrArWa &ftmiud to die sdmkbft%five*Vdmln Fbri& waidbl"Pim i. Tuc Vgow is VVamw akrenoom my otw Imw beard. Tier hdmftc)fdmmmmtmpxe�dkeWwkfvice bvestmW AcL The adstwm of &e consmfou% per saj is not dha* On ott" ire", --jh4r, 7 18 ts" x Curfis C. A46t it !r titi�/��l�I�Il�ilpl�Al�ssll��� I 161Iw� M ■IOI�l�M1 19 Work Ianuarj► V. 2006 MikdTiro Has:ursble CurlOs AlVBreZy 1Kay►ar -Dade County► ftom P. clu t ccmw, 290 Floor Miami, FL 22128 - Dew May"AlvarmandMqwMoCoy- �,,,,,y ;.r �� ^ s'�vY r •,y � } chi` The HoOMWe Charles -sonny- McCoy, Mayor Mon = county 503 Whitchead A Key West, Ft, 33040 Florida's wofaforoe system is govamed by fade ral and she bm that require Workforce Florida .buk (WM Board, as Un state board, to cha RaglamJ Wakffim Beards (RWBs). The chartarmg pwass girt$ the RWBs wthm y to design, dire d Had oversee wmkfaree local services, receiving and distributing f xWW and stme hands to local serv= providers. Ilm essm" clanents to be reoophmd as a Real Work mw Board and entitled to - - --- candmiing charter staffs are set out in the fiodeW Wodd'yrce hmshneW lust; the state Workforce hmovabon Act of 2W% and the pahem adapted by the Wokrorm Florida Board of Direcdos. Due to Iasi of PvvIvu* appeared 5-year plans dktive Jenne 30, 2005, and scm>e navy federal and $tuft req=tnKmbi WN directed all 24 c urry t RWBs to submit new/ ontinued 2-year plaza and dssement continued coenplimm with RWB u=bership and other . efi=Ugmvrn8Dce rem by Sq*=bcr 30, 2005. All =bmissicas were roviewed by state staff' and sub Atted to the WFI Board of Dire moctiag on December 1, 2005. Most current RWBs were granted conthowd c%a at, ouhigbt, with some given. cardttngmt approval to be f named win some minor unfinabed bub were compkftd, swh as a gomtment of a flew Bawd vacancies. T1>e WFI Board declined to appk+ove even contingat chaitm status for RWB 23 for non- c not kmx,rioting that RWB 23 had not been fully ch utcrod si ace 2002 due to similar sbortoominp..Abhough finudzng had not been previoudly discontinued on Me prance that the RYPB seas `tin trwasition" and working on coon of defidcncies, at the December 12005 Wig, the WFI Berard ham► voted to withhold c mrfar statok and teruinaft furling try µ - Ow cunicnt RWB 23 Board if dfRW cleincnts were h tit by Febnu r i, 200& The state board also dfiteW WFI staff to arrange for sa atternatm entity to be designated try receair+e wOd[fOf= fhhrxls and WOOP for coutinuitY of services to the cit=a of Miami -Dade and Mrmcvt C.oa. Tlx miticsily non -tom mt ek mmft ideutified at the WFT Board meeting and further explained m a December 28, 2005 letter form WFI CEO Curtis Austin, were that • The Region 23 Board steeds to provi t first the EXOM UW Director- of the RWB Board must be hired by and amble to the RWB • Conflicls of interest, subw and potential, be er=kmkd so dW the counties would not be each boftn ovarsigbt midority Had P direct gtiblic woskfoa:ft services funded ftouSh V414 and 1974 Corrsmo►hauaatrh Lass - Wahame, Fkji& 3ZV3-3196 - Phons (8511) 921-1119_ - Fm (850) 92I-1101 20 wo"*. tm fioair4 to an alftmate# #` draft Ifitmiocalm to '# # t3 t ► t: Intends treconmmind fliat the contingmt # • # m t :a# t m # - # # -_ -. t # a. e t t # tm m #.� t t {. > t e � t - ! # b'" ! ' • ! ' # a tt e, # i is t t' m Sincerely, QuIrtfis m! # 0 4 r e,'a"MaN Ow f Amoo , Pry{ y III N.W. 1* 114 SW 2910 503 Wed St. k MIS ' Noy Wea. YL 33640 Doc Mauer Alum =dAgr McCoy; f:TWwdiyo Fe "y I(N 2ft Oa W efcc FWdd%. : (WW) Hw# of PwwWs VoW ttr ft PM66M of Wdtftu-. FbM& to OPPWM a dharW fw Regard 23, pmv*d tilt mw Wq&W#Vwpotbw NO aOWW fa fit -qpwved W t1w bad t�ety �►i sact � d the"fir � Aft ¢r�A� b;� Dade �d Mti�roa Boat Of tbuRtf ad RPPWUUMM of *0 at ciy- red: twB Roatd s en dw dwye r car rye a as of t date. Ia oniar to avoid of servim to Me-t of Dade ad Mewm ea Wks, the WE PwO*m:tOd "Alm"*'wi* wmmVO $ bWmw Rim HOW {Wh" * mw . 4m*W& SW6 2.m=d of i A* 000 tP t t �b Rw IOW � i UM &6 :ate► bwd J. now wFVVw asdw b� 00don. on a # Bto ebfuaty Ib, 2�; it g, Mo d Wio did Bt a id to& bo as of 29 so tht: oa** IOW$ do ww RW$,OW ftl�VW kKW � dkO stae and tf; public we My Womwd at do Um somas of fimm and ogmationd ism as of the -dmp of 84 'o(VM ho berme WOnd t $9 ► ILA ha bcm Md Amns* qOnwed. 4t a i of ids menron of y er - 1, eat and wig be duly d pbnvdy aid a Cwy � WIM WFI sUff hN4 Y reed the cowima of mw ILA and tmadit dw h cvq Q► t d by the WPI Dowd w8maw of Hmd eneutiwe staM - fidwimt and pawutW dfWkk QvI >br is~ ! f tow wh& Woo race g fm& to WM& diced antvix, We =&Nftd that dw l now ILA ww bo Mme. t e* a Y gr C em, m " ve TWO&Y, p'ebtoatg 2i, UK Ar s aI and OWCUUM 'lea p m asat to Ho tenm & ibe new RA 1974 Ca mm wed* J,aq, - mmt Fkvi& 32w -Ph~ (Him qv f119 -Fax (850 9?1.I101 ff 22 ba gmwwkrRWB BowdWM bo mmb by be& 00MOcot god that Vmd sj. bt oa* to it b 4b' b fm fife DOW 4A to be Is oI fto by " die Bwt• of Cbtwy Qi at s . Or4p#MAN# . umm• Wm wx is two I"bp* W 4334 " lire Wii ► W to mskfty at dim to ofr sk� Imal mciou, hat wM Mow to dirocdow of the e�idsa iir � cf �itke pine � w�l i� tie i b� t� caf l v- i+w" dikull. Aesaa t *nn* apdao is .oe #w iawew ]L A by IM Ubm4e Ham; *a dw fiba W MOP. ?S►'!r R'VVA oaf Ibo At the p 0 of of local USUA Wk- to m ft or kftuw f dr Iqw or &4 OPWO on tlra bWbWdmb Ib ixt ' �'�► `v but bnitod our o � w tie tee As we ftd dW *p the rgota fat n �a a� f�edent! �d ata�e . Tbb* mnmwy of datus is a ter tub at heed and `r��g'a p����s���r� ss► Vic. OUWWW the WaxWmpwWhft of the State Bead ad in &WORtWO nth its &ect E AAMOOM Wes, UOUVOM, worsum irwrm fE-te*'Q-d* phbcwl�tw SpimnPow 19T ► Comm omM Le w - YW Phew PSO) 9V-1119 - Fax (,&So) MIJ OI 23 S lust a ,t • s # } f # I s R • * t w • i • f 9 f i CS < • * • a} f4 R@ f fjx * r 1 t t i i R f t i i i • f f * • f w • i w tR t 'i 13 24 26 I� 27 H I a 28 MEMORANDUM _(Revised) and Members, Dowd of County Coranissionm OM: �� A, S Agenda Item No. 12 (A) (5 ) CountyAttorney x 44-jDay, Rule s for t applicable d 6 Its required between first reading and public hearing 4 M notification to municipal officials required prior to public hearing c Decreases revenues or increases expenditures without balancing budget Budget required impactStatement of fiscal required Bid waiver requiring County .,recommendation Ordinance + a new s detailed County Manager's report for Housekeeping Item (no policy decision required) NO committee review comm%, faerwP, cmm cmstae .W N # Uiukyl 0 This Interlocal Agreement is made and entered into by and between the Chief Elected Official of Miami -Dade County, a political subdivision of the State of Florida, and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida, pursuant to the Florida Interlocal Cooperation Act, the Miami -Dade County Home Rule Charter, and applicable federal and state laws and regulations. In consideration of the covenants, conditions, mutual obligations and other good and valuable consideration, the parties hereto agree as follows: 1. The Chief Elected Officials who have executed this Interlocal Agreement have caused to be created hereby a Local Workforce Investment Board for Region 23 of the State of Florida in accordance with federal and state laws and regulations. This Local Workforce Investment Board shall be known as the South Florida Workforce Investment Board (hereinafter sometimes referred to as the "SFWIB"). The SFWIB shall be a separate public body, corporate and politic, and a governmental agency and governmental instrumentality of both Miami -Dade County and Monroe County. The SFWIB shall be a governmental body in all respects and shall be an organization eligible to exclude income under Section 115 of the Internal Revenue Code of the United States and contributions to which are deductible under Section 170(c)(1) of the Internal Revenue Code of the United States. a. The SFWIB shall have the power to sue and be sued, to plead and to be impleaded, to contract and be contracted with, to enforce contracts and C'1WPLPSrA142,D6C agreements, to accept grants, gifts or other resources, to engage an independent auditor, to have an official seal and alter same, and to incur tort liability to the extent permitted by Section 768.28, Fla. Stat. The SFWIB may exercise all of the powers specifically granted herein. Except as limited in this Interlocal Agreement, the SFWIB shall exercise all of the powers granted to Local Workforce Investment Boards by the Workforce Investment Act of 1998, as amended from time to time, and Chapter 445, Florida Statutes, as amended from time to time. Nothing herein shall be construed to limit or affect, in any way, the laws relating to sovereign immunity, Section 768.28, Florida Statutes, with respect to the SFWIB. b. The Executive Director of the SFWIB shall be selected by the SFWIB. The Executive Director shall be an employee of Miami -Dade County within the administrative service of Miami -Dade County and may be removed from the position of Executive Director of the SFWIB in the discretion of the SFWIB. The Executive Director shall be the Chief Operating Officer of the SFWIB and, as such, shall implement the policies, decisions, actions and directives of the SFWIB. C. The staff of the SFWIB, shall all be employees of Miami -Dade County and who shall serve the SFWIB under the supervision and control of the Executive Director of the SFWIB. The staff of the SFWIB shall implement the policies, decisions, actions and directives of the SFWIB under the supervision and control of the Executive Director of the SFWIB. C W?VWM142,D0C 2 Office. With the approval of the Chief Elected Official of Miami -Dade County, the SFWIB may from time to time engage special legal counsel for specific legal matters. e. The members of the SFWIB shall elect a chairperson of the SFWIB, as required by the Workforce Investment Act of 1998, as amended from time to time, and such other officers as may be deemed necessary and appropriate by the SFWIB. All such officers shall serve in office for a term not to exceed two years. No such officer shall serve more than two terms in office or four years, which ever is less. The chairperson shall serve as the presiding officer at all meetings of the SFWIB. f The organization, operating procedures, and by-laws of the SFWIB shall be determined by the SFWIB and shall become effective upon approval by the Chief Elected Official of Miami -Dade County. The organization, operating procedures, and by-laws of the SFWIB shall comply with the applicable federal, state, and local laws, ordinances, and regulations. 9- The SFWIB and its members, the Executive Director of the SFWIB, the staff of the SFWEB 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:UF"STW142_D0C 3 Ordinance, Conflict of interest Ordinances, Lobbyist Registration and Reporting Ordinances, and the Citizens' Bill of Rights. The SFWIB and its members, the Executive Director of the SFWIB, the staff of the SFWIB and members of any and all committees of the SFWIB, shall be subject to and shall comply with Florida's Public Records and Open Meetings Laws, Section 286.011 et seq., Fla. Stat., and Section 119.01 et seq., Fla. Stat. h. No lobbying or legislative activity of any kind in or before any body or person of any kind shall be undertaken by the SFWIB, any member of the SFWIB acting as such or any staff member of the SFWIB acting as such except by making legislative requests as a board to the Miami -Dade County Office of Intergovernmental Affairs as required by Miami -Dade County Ordinance #04-219 or as may be authorized in writing by said Office from time to time. i. Notwithstanding any provision of State or federal law, a majority of the appointed members of the SFWIB or a majority of the appointed members of any committees of the SFWIB, who are physically present in the public meeting room or other place of the public meeting, shall constitute a quorum necessary for taking any action at the public meeting. Notwithstanding any provision of State or federal law, only appointed members of the SFWIB or appointed members of a committee of the SFWIB who are physically present in the public meeting room or other place of the public meeting shall constitute a quorum necessary for taking any action at the public meeting. Notwithstanding any provision of State C.-UV"S7UJ42,D0C 4 or federal law, only appointed members of the SFWD3 or appointed members of a committee of the SFWIB who are physically present in the public meeting room or other place of the public meeting shall be permitted to participate in such meeting, take any action at such meeting, or vote at such public meeting. Any such appointed member of the SFWIB or any such appointed member of a committee of the SFWIB who is not physically present in the public meeting room or other place of the public meeting and who, nevertheless, participates in such public meeting, or takes any action at such public meeting or votes at such public meeting, while not being physically present in the public meeting room or other place of the public meeting, shall automatically, by operation of this Interlocal Agreement, be deemed to have thereupon resigned forthwith from membership on the SFWIB, if a member of the SFWIB and from membership on any and all committees of the SFWIB. j. SFWB3 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 Mimi -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 SFWEB shall be in conformance with state law relating to travel expenses of public officers C: VFPVSTW42 DOC 5 and public employees and Miami -Dade County ordinances and policies relating to travel expenses and shall be submitted in writing to the Miami - Dade County Manager or the Miami -Dade County Manager's designee for approval or denial by the Miami -Dade County Manager or the Miami -Dade County Manager's designee. k. The SFWIB shall consist of a sufficient number of members and shall be composed of members in such a manner as to meet the requirements of State and federal law. The number of members of the SFWIB and the composition of the SFWIB shall be determined by the Chief Elected Official of Miami -Dade County in accordance with the criteria set forth in State and federal law. Members of the SFWIB shall serve at the pleasure of the Chief Elected Official who appointed the member and for such term as determined by the Chief Elected Official who appointed the member. However, no member of the SFWIB shall be appointed to serve a term greater than two years. SFWIB members may be reappointed by the Chief Elected Official who appointed the SFWIB member. Any SFWIB member, regardless of whether or not the SFWIB member is chairperson or other officer of the SFWIB, may be removed for cause or without cause, at any time, in the sole discretion of the Chief Elected Official who appointed the SFWIB member. The Chief Elected Official of Monroe County shall appoint two of the private sector members of the SFWIB and the Chief Elected Official of Miami -Dade County shall appoint all of the other members of the SFWIB. Representatives of businesses appointed to C. tVWrAJ42.D0C 6 the SFWIB by the Chief Elected Official of Miami -Dade County or by the Chief Elected Official of Monroe County shall not include representatives of businesses which are providers of public workforce services with funds provided through or from: Workforce Florida, Inc. Furthermore, representatives of businesses appointed to the SFWIB by the Chief Elected Official of Miami -Dade County or by the Chief Elected Official of Monroe County shall automatically forfeit membership on the SFWIB if the business so represented provides public workforce services with funds provided through or from Workforce Florida, Inc. during the representative's period of membership on the SFWIB. The Chief Elected Official of Miami -Dade County may, solely in his or her discretion, from time to time, consider the recommendations, if any, of the City of Hialeah, the City of Miami, and the City of Miami Beach with respect to the appointment of members of the SFWB by the Chief Elected Official of Miami -Dade County. 1. The SFWIB shall comply with the procurement and expenditure procedures required by federal law for the expenditure of federal funds. To the extern 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. ti PSM14a.uac 7 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 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. 0. The administrative entity for all Workforce Investment Act, TAW and 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 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. CAMPSM147AX 8 2. Monroe County and Miami -Dade County hereby agree to assume financial liability for any misuse of grant funds in accordance with State and federal law: Monroe County agrees hereby to assume 6.7% of any financial liability for any misuse of grant funds; Miami -Dade County agrees hereby to assume 93.3% of any financial liability for any misuse of grant funds. 3. Each Chief Elected Official for and on behalf of their respective jurisdiction agrees hereby to promptly contribute to any FWEB financial liability or any other financial liability incurred under this Interlocal Agreement as follows: a. No liability of any kind arising out of this Interlocal Agreement shall be paid by the SFWIB or by SFWIB staff or by the administrative entity or by either of the parties to this Interlocal Agreement unless ordered by a court of competent jurisdiction or other superior State or federal governmental entity acting within the scope of its powers and jurisdiction or unless otherwise approved by both parties hereto. Nothing herein shall be construed to waive any rights of the SFWIB or the parties hereto► to seek legal or administrative relief from any such liability. b. Tort liability incurred by the SFWIB or incurred by any member of the 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 pedormance 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-MPPSM142-DOC 9 responsibility of the SFWIB and does not and shall not'` constitute the tort liability of the parties hereto or their respective jurisdictions. In the event such tort liability is so incurred by any of the foregoing entities or persons, then and only then shah both .Miami -Dade County and Monroe County contribute a sum to the SFWIB for the satisfaction of such tort liability incurred which shall equal 6.7% from Monroe County and 93.3% from Miami -Dade County, all of which contributions for a single tort liability claim when aggregate together shall not exceed the limit for a single tort liability claim as set forth in Sec. 768.28, Fla. Stat. C. Costs and other expenses disallowed by the State or federal government or by the SFIB with respect to contracts between the SFWIB and Monroe County or between the'FWIB and Miami -Dade County for the provision of workforce services shall be paid by and: shall be the financial liability solely of the contracting county. Nothing herein shall be construed to authorize the SFWIB to be a direct provider of intake, assessment, eligibility determinations, or other direct provider' services. d. Costs and other expenses disallowed by the State or the United States or any other grantor of grant funds with respect to any contracts or agreements between the SFWIB and any service providers or other entities or caused by errors of the SFWIB or of the administrative entity or caused by misuse of grant funds shall be paid by and shall be the financial liability of Monroe County and Miami -Dade County in accordance with e: s RU,t#2DOC 10 the following percentages: Monroe County - 6.7%; Miami -Dade County - 93.3%. 3. Nothing in this Interlocal Agreement shall be construed to impose personal financial liability of any kind upon any Chief Elected Official. Nothing in this Interlocal Agreement shall be construed to waive sovereign immunity in tort, except to the extent permitted by Sec. 768.28, Fla. Stat. 4. The members of the SFWIB and the members of any committees of the SFWIB shall deal with the employees of the administrative entity and SFWIB staff solely through the Executive Director and no such member shall give orders to any employees of the administrative entity or SFWIB staff either publicly or privately. No employee of the administrative entity or SFWIB staff shall respond to or undertake any action to comply with any request by any such member winch violates the provisions of the preceding sentence. The Executive Director shall not knowingly allow any such member to deal with any employee of the administrative entity or SFWIB staff in violation of the provisions of the first sentence of this Paragraph #4. No member of the SFWIB or any member of any committee of the SFWIB shall direct or request the appointment of any person to, or his or her removal from office or employment by the Executive Director or by the Miami -Dade County Manager or by any subordinate of the Executive Director or by any subordinate of the Miami -Dade County Manager or participate in the appointment or removal of officers and employees of the administrative entity or of SFWIB gaff 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'I*?%'S7UJ42-V0C I I subordinate of any of the foregoing accede to such direction or request. Any violation of any of the provisions of this Paragraph #4 by any of the members of the SFWIB or members of any SFWIB committee shall cause the removal forthwith of such member from the SFWEB or the SFWIB committee or both, as applicable, by operation of this Interlocal Agreement. 5. Notwithstanding any provision of this Interlocal Agreement, the SFWIB shall not engage in any activities of any kind unless permitted to be carried on by an organization eligible to exclude income under Section 115 of the Internal Revenue Code of the United States and contributions to which are deductible under Section 170(c)(1) of the Internal Revenue Code of the United States. Notwithstanding any provision of this Interlocal Agreement, the SFWIB is authorized and empowered to pay reasonable compensation for services rendered and to make payments to advance SFWIB's activities for the benefit of the residents of Region 23 of the State of Florida. Notwithstanding any provision of this Interlocal Agreement, no part of the net earnings of the SFWIB shall inure to the benefit of or be distributable to the officers or members of the SFWIB or any other private person. Notwithstanding any provision of this Interlocal Agreement, in the event of the dissolution, liquidation, termination or expiration of the existence of the SFWIB, after promptly paying or adequately providing for the debts and obligations of the SFWEB, 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'MrTM4142XVC 12 governmental functions on behalf of and accruing to the State of Florida or any political subdivision thereof. Notwithstanding any provision of this Interlocal Agreement, the Chief Elected Officials and their respective jurisdictions who are parties to this Interlocal Agreement shall have the powers and interests of an owner of the SFWIB. Notwithstanding any provisions of this Interlocal Agreement, no private interest shall materially participate in any of the functions, duties, or responsibilities of the SFWIB. Notwithstanding any provision of this Interlocal Agreement, all assets and income of the SFWIB shall accrue to the Chief Elected Officials in their official capacity and their respective jurisdictions who are parties to this Interlocal Agreement. Notwithstanding any provision of this Interlocal Agreement, the SFWIB shall provide an annual report, including annual financial audit by an independent auditor, to both Chief Elected Officials and both respective jurisdictions who are parties to this Interlocal Agreement. Notwithstanding any provision of this Interlocal Agreement, control, supervision and authority of the SFWIB shall at all times be vested in public authorities, to wit, the Chief Elected Officials and their respective jurisdictions who are parties to this Interlocal Agreement. 6. This Interlocal Agreement shall become effective on March 1, 2006, after its execution by the Chief Elected Officials of Miami -Dade County and Monroe County and shall expire on June 30, 2008. Both Chief Elected Officials have been duly authorized by their respective governing bodies, the Board of County Commissioners of Miami -Dade County and the Board of County Commissioners CAsM14.1- m 13 of Monroe County, to execute this Interlocal Agreement for mid on behalf of 7at expiration of this Interlocal Agreement, the SFWIB shall be deemed gillimp 11111PI ? I � I I PITMrtTMTn Agreement and dissolution of the SFWIB or upon the dissolution, liquidation, or termination of the existence of the SFWIB prior to such expiration date, after promptly paying or adequately providing for the debts and obligations of the SFWIB, all monies, properties, assets, and rights, of any kind whatsoever, shall be forthwith transferred, delivered and conveyed to Miami -Dade County for exclusively public purposes. This Interlocal Agreement may be renewed in writing upon execution by both the Chief Elected Official of Miami -Dade County and the Chief Elected Official of Monroe County for an additional period of time but no such renewal shall be effective until both Chief Elected Officials have been duly authorized by their respective governing bodies, the Board of County Commissioners of Miami -Dade County and the Board of County Commissioners of Monroe County. This Interlocal Agreement and any renewals or amendments thereto shall be executed in counter -part originals by each party and each such counter -part original shall be deemed an original for all purposes. 8. This Interlocal Agreement may be amended by the parties hereto, from time to time, during the 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 CIMIM142-00C 14 been duly authorized by their respective governing bodies, the Board of County Commissioners of Miami -Dade County and the Board of County Commissioners of Monroe County. 9. The Chief Elected Official of Miami -Dade County and the Chief Elected Official of Monroe County are authorized hereby by their respective governing bodies to exercise the right to terminate this Interlocal Agreement at any time but in accordance with the conditions set forth below: a. The notice of termination shall be received by the other Chief Elected Official not later than sixty (60) days before the end of the current Workforce Investment Act fiscal year. b. The terminating party shall not be deemed released from any current or past financial obligations or any other current or past obligations of any kind whatsoever incurred or agreed to by the terminating party which arise out of this Interlocal Agreement. C. Upon the effective date of termination set forth in the termination notice described in a. above, the SFWIB shall be deemed dissolved and no longer in existence. c: e SR4J4a D0C 15 S LC AL AGREEMENT IS ENTERED INTO ON BEHALF OF: MiLAMI-DADE COUNTY WITNESS r"Mayor a Deputy Clerk #�"� ► 9 �? . a +rj kDA W j a C.1 I42-DO 16 WITNESSES: DANNY L. KOLHAGE, Clerk Deputy Clerk ell, MONROE COLJNW BY- F E 8 15 2006 Date MONROE COUNTY ATTORNEY APPROV AS TO FORM: su M. GR MSLE ASSI STA COUNTY ATTORNEY 17 Approved Mayor veto Override Rgso=ONNo. Agenda Item No, 12 (A) (5) jr:� p!1111� 11111�11 Wt �� IMF! ! � I= 4»lm= "I■11TAT"'VP I hiteflocal Agreement Creating the South Florida Workforce Investnient BoW for Region 23 of the State of Florida, in substantially the form attached hereto and made a part hereof, and authorizes mW directs the CanovManager to implement same for and on County, Florida and authormes the Mayor of Miami -Dade County to execute same for and on behalf of Miami -Dade Counq-kancl to 0 rt-w ��flhe �ri- ! �ieco siow n term"on provision, for and on behalf of Miami -Dade County, Florida, Upon the - �f the **ist recommendation in EV 04 are hereby waived pursuant to section 4 of said resolution. Agenda Item No. 12 (A) (5) Page M Joe A. Martinez, Chaiman Demis C. Wss, Vice-Chf�inn�xii Bruno A. Barreiro Jose "Pope" Diaz Audrey M. Edmonsoti Carlos A. Gimenez Sally A. Heyman Barbara J. Jordan Dorrin D. Rolle Natadha, Seijas Katy Sorenson Rebeca, Sosa Son. Javier D. Souto Tfie Chairperson thereupon declared the resolution duly passed and adopted this 7th day of Marck 2006. This resolution shall become effective ten (10) 44A after the date of its adoption unless vetoed by ft Mayor, and if vetoed, shall become effective only upon an SEM3XIMIZ= Approved by County Attorney as to form and legal sufficiency 1�715—r I IN BY, ITS BOARD OF COUNTY CONMUSSIONERS Deputy Clerk I RE EVrERLOCAL AGREEMENT A SOUTHA WORKFORCE S BOARDR REGION 23OFTHE A OF FLORIDA AgreementTins Interlocal is made and entered into by and between the Chief Elected Official of County, a political subdivision of the State of Florida, and the Chief Elected, Official of Monroe , a political subdivision of the State of ,Florida, pursuant to the FloridaInterlocal, CooperationAct, the Miami -Dade County Home Rule Charter, and applicable federd and state laws and regulations. In consideration of the covenants, mutual obligations caber good and valuable consideration, the parties hereto agree as follows: caused to be created hereby a Local WoM*= Investroent Board for Region 23 of the State of Florida r e with federal and state laws and regulations. This Local Workfbrce Investment Board shaR be known as the South Florida Workforce Investment Board (hereinafter sometimes referred to as the " SF "). The SFW1B shall be a separate public body, corporate and politic, and a governmental agency d governmental instrumentality of both. Miann'-Dade County and Monroe County. 71te 5 B shall be a governmental body in all g 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 Much 11 IN!!a' t 111111111111111111111 to e WW 14 agreements, to accept grants, gifts or other,. t independent auditor, to have an official seal and alter same, and to, inaur tort liability to the extentpermitted by Section # i ,o. , Fla- Stat The SFWlB may exercise all of the powers specifically granted herein. Except I # a. Investment Act of 1998, as amendedfrom time to time, and Chapter 445, Florida Sta x ed frOM time to time. Nothing herein shall be construed to limit or affect, in any way, the laws relating to sovereign b. The Executive Director of the SFWIB shall be, selected by the SFWlB, position # shall serve the SFWM under► : ncontrolof t Fmccutive Director of of policies,3 implement the, r and &ectives •f the under the - : i # ; 2 33 d. Legal counsel for the SFWIB shall be the Miami -Dade County Attorney's lice.Of With the approval of the Chid Elected Official of Miami -Dade County, the SFWIB may from fime to time engage special legal counsel for specific legal matters. e, The members of the SFWIBl 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 necesmy and appropriate by ft SFWIB. All such officers shall serve in office for a term not to exceed two years. chairpersonterms in, office or four years, which over is Icss The i, serve as the presiding officcr at all meetings of the SFWlB. f The organization, operating procedures, and by-la.ws of the SFWIB shall be determined by the SFWU3 and shall become effective upon approval by the Chief Elected of -Dade County. The organization, operating procedures, and by-laws of the SFWIB shall comply with the applicable federal, � and local, laws, ordinances, and regulations. g. The SFWlB and its members, the Executive Director of the S B, the staff ofthe SFWIB and members of any and all committees of the SFWIB shall be subject to the jurisdiction of the l i-Dade County Commission on Bthi d Public, Trust and the Office of the Miami-DadeCounty 0IftVUM14ZWC DirectorInspector General. - SFWIB members, the Executive of complythe SFWIB shall a• f of KE Ordinance, Conflict of Intrest Ordinances, Lobbyist Registration and Reporting Ordinances, and the Citimns' Bill of Rights. The SFWM and 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 befow spy body or person of any kind shall be widertaken, by the SFWlB, any member of the SFWJB acting as such or any Aaff member of the SFWIB acting as such except by making legislative requests as a board to the Miami -lade County Office of Intergovernmental Affairs as required bu-Dade County Ordinance #04-219 or as may be authorized in writing by said Office fMm time to time i. Notwiftanding any provision of State or federal law, a majority of the IMOMMEE =-, quorum necessary for taking any action at the public meeting. Notwidistknding any provision of -State or federal law, only appointed members of the SFW1B or appointed members of a committee of the SFWlB who are Physically present in the public meeting room or other taking any action at the public rneedng. Notwithstanding any provision of State 0WIMMIA14100C 99 membersor federal law, only appointed members of - the SFWIB or appomted of a committeeof the SFWIB who presentam physically public meeting room or other place, of the public meeting shall be permitted to participate meelin& take any action1 or vote at such public meeting. Any such appointed member of the SFWI. or any such appointed membercommittee of the SFWlB who is not physically present in the public meeting room or other place of the while, not being physically present in the public meeting room or other place of the public meeting, "I automatically, by operation of this Interlocal Agreement, be deemed to have ftweupon resigned forthwith fiom membership on the SFWIB, if a member of the SFWI]3 and from membership on any and all committees of the SFWIB. SFWEB members shall save without compensation but shall be I Manager, or the Miami -Dade County Manager's designee. All of the albresaid'expenses,. reinibursed in accordancefederal state laws and regulatiem and Miami -Dade County ordinances policies All tmvel expenses for w members or other ` # ' # i comfomiance with state law relating 4expenses of pubpub1hic offi:j WI and public, employ= mid Miami -Dade County ordinances andpolicies approval or denial by the Miami -Da& County Manager or the Miami -Dade Cou* Manager's desigme. 11111 1 111111111111111111 # I I III I � I 1! 111111 � I I � � � q 1 composition of the SFWlB shall be. determined by the Chief Elected Official of Nami-Dade County in accordance with the criteria set forth in State and federal law. Members of the SFWIB shall serve at the pleasure of the Chief Elected Official who appointed the member and for such term as determined by the Chief Elected Official who appointed the member. However, no member of the SFWJB shall be appointed to serve a term greater than two years. SFW1B members may be reappointed by the Chief F-1ecW Official who appointed the SFWIB member. Any SFW1B menI regardless of whether or not the SFW1B member is chairperson or other officer of the SFW1B, may be removed for cause or without cause, at any time, in the sole discretion of the Chief Elected Official who appointed tho SFW1B member. The Chief Elected Official of Monroe County shall appoint two of the private sector members of the SFWlB and the Cluef Elwted Official of Nfianit-Dadie County shall appoint all of -the other members of the SFWIB. Representatives of businesses appointed to 6 Kh the SFW1B by the Chief Elected Official of Mami-Dade County ot by the Clief Eected Official of Monroe County # not include representatives Official of Mann -Dade Coul or by the Chief ElecW Official of Mome County shall automatically forfeit inembiahip on the SFWTB if representative's period of mmbms* on the SFWJB. I'lie, Chief Elected Official of Maimi-DWe 2M11 maL pilely in his or her discretion, from appointment of members of the S by the 'ef Electied Official of M —Dade The SFWM shall complywith the procurerald Gli shall comply with the procurement laws and regulations of the State of applicableprocurement ordini administrativeorders, < ♦ policies# Nflami-D.# C in, The Co Manager of Miami -Dade d the administrative service of Miami -Dade County is hereby designated as the local fiscal agent for Region 23 of the State ofFlorida. n. The Chief Elected Official of Miami for and on behalf of Miami -Dade County and the Chief Elected Official of Monroe County for and _on behalf of M shall be the local grant recipients for Region 23 of the State of Florida and shall be liable for any misuse of the grant fwds allocated to Region 23 of the State of -Fl `da under Sections 128 and 133 of the Workforce t Act of 1998, as amended from time to time. o. The admirdstrative entity for all Workforce Investment Act, TANF, and ether workforce programs `irnplemenW by the SFWEB within Region 23 of the State of Florida shall be the administrative service of Miami -Dade County. The administrative service, acting as the administrative entity for the SFWIB, shall serve the SFWIB under the supervision and control of the Executive Director of the SFWIB and shall implement the policies, decisions, actionsdirectives of the SFWlB under the supervision and control of the Executive DirectDr of the SFWIR. P. In order to exercise independent oversight, Miami -Dade County and 39 1 2. Mouroe County and Miami -Dade County hereby agree to assume financial liability for any misuse of grant finids in accordartecwith State and federal law. Monroe County s hereby to assume 6.7% of any financial liability for any misuse of grant ds* Nfiami-Dadc County agrees hereby to assume 93.3% of any financial ° ility Sor any misuse of grant finids. . Each Chief Elected Official for and on behalf of their respective jurisdiction agrees hereby to promptly contnbuto to any SFWM financial liability or stay other financial liability incurred Agreement as follows: a. No Liability of any Idnd arising out of this iaaterlocal Agreement shall be `d by the SFWIR or by SFWIB staff or by the administrative entity or by either of the parties to this Interlocal Agreement unless ordered by a court of competent Jurisdiction or other superior State or federal governmental entity acting within the scope of its powers and jurisdiction or unless otherwise approved by both partieshereto. Nothing herein shall be construed to waive any rights of the SFWIB or the parties hereto to seek legal or administrative relief ftm any such liability. b, Tod liability incurred by the SFWlB or incurred by any member of the . `SFWIB or an memberof any committee of the SFWIU3 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 f lavdul, -acts authorized or required by this Intett=il permittedthe extent by Section•- solely 9 40 #i #s ! does,it f f i f liability of the parties hereto or *= respective juns(hetions. In the event i tort liabilityis so incurred byanyof fforegoing entities or persons, then and only then shall both Miami-Dadc County and Monroe Count, contribute a sum to the SFWIB for the satisB-rS-m&1,5vA* tort liability irmTed which shall equal 6.7% from Monroe County and + t from Miami-DadCounty,of which contributionsfor f t tort liabidity.sa.:-+,'i togetheratal'. not exceed the limitfor a single tort liability♦ : i ty, for mef.}. f. of t be paid by and shall be the financial liabili solely of D fa > courtly. Nothingk be construed f authorize the SFWIB to be a direct provider of intake, assessm cligibility de-terininations, or other direct provider services. agreements between the SFWM and my service providers or other entities by of grant Rindsbe paid by f' be the financial - Monroeliability of f k and Manit Dade County in accordance 41 3. Nothing in ibis Interlocal Agrectnent shall be construed to impose personal IT w-urm—Son-Ory through the Executive- Director and no such member shall give orders to any No employee of -the administrative entity or SFWIB staff shall respond to or undertake any acton to comply with any request by any such member which violaws the provisions of fl= preceding sentence. The Executive Director shall not knowingly allow any such member to deal with any employee of .-the Ilig Imp I I� I �I �� •I I I I I # committee of the SFWM At& direct or request the appointment of any person to, I or his or ber rmov.-d from office or mplcynmt by the Executive Director or I A 9 of SFWlB staff nor shall the- Executive Director or the Miami -Dade County Manager or any member of the admin6ftative enI or of SFW1B staff or any C .M l-3 42 'subordinate of any of the foregoinge to -such directionor request .Any # # 1# t ill, I #11 _ • # ► r# engage in any activities of any kind unless permitted# becarded on by organization eligible to exchide income under Section 115 of the Internal under Section 17*)(1) of the Internal Revenue Code of the United States. Notwiffistanding any provision of ; Agreement, --#r. and to make payments to advance SFWIB's activities for the benefit of the residents of Region 23 of a Notwithstanding provision of this Intedocalu ##ter no oart of the net ♦. other person. Notvdfttandingprovision of # ` #Agreement, in the event of the dissoMm liquidation, termination or expiration of the existence -of the SFWID, after promptly paying or adequately providing for the any kind whatsoever, shall be ftwthwith transfared, delivered and conveyed to Miami Dade County for exclusively public purposes Notwithstanding any provision ofthis Interlocal Agreement, SFWIJ3 shall only -exercise essential m governmental do of and accruing to the State of Florida or any political subdivision thereof Notwiftstanding any provision of this hiterlocal Agreement the Cluef Elected Officials and their respective jurisdictions who are parties to this Interlocal Agreemente' powers and interests of an owner of the SFW1B. Notwithstanding any provisions of duties,xt the,SFWlB. Notwithstandingany provision ElectedInterlocal Agreement, all assets and income of the SFWlB shall accrue to the Chief Officials f their respective E are parties to this InterlocalAgreementNotwithstandmg any provision this Interlocal Agreement, the SFWlB shall provide -an annual report, including and both respective jurisdictionswho are parties to this!..m t t _ • * _ i ► and authority of the SFW113 shall at all times be vested in public authorities, to 060ft9ilbo execution by the Chief Elected Officials of t ,it Monroe County and shall expire on June 30, 2008. Both Chief Elected Officials have been duly authorized by their respective goveming bodies, the Board of County Commissioners of !.f s and Board oCommissionas CAWPV1MW142ZW 13 M��, unty, to execute &is Interlocal Agreement for and on behalf of, 7, Upon- expiration of this Interlocal Agreement the SFWIB shall be deemei Agreement and dissolution of the SFWIB or upon the dissolution, liquidation, or termination of the existence of the SFWlB prior to such expiration -date, promptly paying or adequately providing for the debts and obligations of SFWIB, all monies, properties, asscts� and rights, of any kind whatsoever, shall, forthwith transferred, delivered and conveyed to Munn -Dade Counnty fo exclusively public purposes. This InWIocal Agreement may be renewedd writing upon executionby both theElected Official of Miami -Dade Co but no such renewal shall be effective until both Chief Elected Officials have be duly auffiorized by their respective governing bodies, the Board of Cc Commissioners of Miami -Dade County and the Board of County Commissioner *f Monroe County. This Interlocal Agreement and any renewals or amwmcn the execution of the written amendment by both the Chief Elected Official of Miamd-Dade County and tbie Chief FJeMd Official, of Monroe County but no COPPMWOW been didy authorized by their respective governing bodies, the Board of county Commissioners of Miami -Dade Countyand theBoardof County Commissioners of Monroe County, 9The Chief Elected Official of Miami -Dade County and the Chief Elected Official of Monroe County am authorizedy by their respective governing bodies to exerdw the right to ternunate this Interlocal Agreement at any time bw in accordance with. the conditions set forth below: a. notice of termination shall be r -by the other Chief Elected Official not later than sixty ( days before the end of the current Workforce Investment Act fiscal year. b. The terminating party shalt not be deemed released from any current or past financial obligations or any other current or past obligations of any bind whatsoever incurred or agreed to by the terminating party -which arise t of this Interlocal Agreement C. Upon the effective date of termination set forth in the termination notice described in a. above, the SFWIB shalt be deemed dissolved and no -longer 46 47 WITNESSES: ENTERED Cl ON BEHALF OF IM ' 0 m