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Item C48BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/17/2012 Division: Social Services Bulk Item: Yes X No , Department: Social Services Staff Contact /Phone#: Sherd am/ x45 fO AGENDA ITEM WORDING: Approval of amendment to the Interlocal Agreement Creating The South. Florida Workforce investment Board for Region 23 of the State of Florida is made and entered into by and between the Chief Elected Official of Miami -Dade County, a political subdivision of the State of Florid and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida, pursuant to the Florida Interlocal Corporation Act, the Miami -Bade County Home Rule Charter, and applicable federal and state laws and regulations for contract period ending 06/30/2016. ITEM BACKGROUND: Interlocal Agreement Creating The South Florida Workforce Investment Board for Region 23 of the State of Florida; approved on 02/15/2006 PREVIOUS RELEVANT BOCC ACTION: Board approved on 02/15/2006 CONTRACT/AGREEMENT CHANGES Change language regarding "with the applicable procurement ordinances, administrative orders, and policies of Miami -Dade County" to "with the procurement policies established by the SFWIB". Change"Miami-Dade County Manager or the Miami -Dade County Manager's designee" to "Chief Elected Official of'Miami-Dade County or the Chief Elected Official ofMiami-Dade County's designee. Extension of expiration elate to W30/2016 STAFF RECOMMENDATIONS: Approval TOTAL. COST: d average $6;t?00 W E*41)IRECT COST: 0 BUDGETED: Yes x No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: estimated average 6,000.00 SOURCE OF FUNDS: GR REVENUE PRODUCING: Yes __._ No AMOUNT PER MONTH Year APPROVES BY: County Atty 40MB/Furchasing Risk Management IT or DOCUMENTATION: Included Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 CONTRACT SUMMARY Contracti i f. Workforce Contract Date:Effective Expiration !. t # t ContractPurpose/Description: Approval i of e to !be j0prIpeal Agreement Creating The SouthFlorida Workforce Board for Region of of i !. is made .It entered into by ! between the Chief Elected Official of D.i` County,political subdivision of the State of i !. and the Chief Elected Official of i i` County. political subdivisionof I` State of i #. pursuant to the Florida Interlocal Corporation ` D.t' County Homeand applicable federal # state laws and regulations foriI period ending #r 1 1 • Contract.+ i ii ' (Name),44_L,"__(Ext.) (Department/Stop I C._ E kve_re_ Total Dollar Value of Contract: $ 6,000.00 Current Year Portion: $ 0 Budgeted? Yeso No n Account Codes: - - - -_ Grant: $ 0 County Match: $ 0 ADDITIONAL COSTS Estimated Ongoing Costs: $ lyr For: (Nett included in dollar valueabove) (en_ maintenance_ i"i#ies ianitnrinl qn#n ........_.._ CONTRACT REVIEW Changes Date Out ;nte In Needed evie er Division DirectorYes No 16,VVI 2- Risk Management YesQ Non O.M.B./Purchasing 1 l Yesn No ! County Attorney Yes No Comments: AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA This Amendment to Interlocal Agreement Creating The South Florida Workforce Investment Board For Region 23 of the State of Florida is made and entered into by and between the Chief Elected Official of Miami -Dade County, a political subdivision of the State of Florida, and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida, pursuant to the Florida Interlocal Corporation Act, the Miami -Dade County Home Rule Charter, and applicable federal and state laws and regulations. In consideration of the covenants, conditions, mutual obligations and other good and valuable consideration, the parties hereto agree as follows: I . Paragraph 10) of the Interlocal Agreement Creating The South Florida Workforce Investment Board For Region 23 of the State of Florida is hereby amended to read as follows': j SFWIB members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties upon approval in writing by the kbnagefl of the mia—f mi Dad Gomnul A Managef's ]j>>desiggee Chief of the aforesaid ex es shall be reimbursW in *ofdapj�e with kd6ial and state laws and regulations and Miami - Dade County ordinances and policies. All travel expenses for SFWIB members or any other person traveling for and on behalf of or at the request of the SFWIB shall be in conformance with state law relating to travel expenses of public officers and public employees and Miami -Dade County ordinances and policies relating to travel expens I ps and shall be submitted in writing to the pfiawti Dga4da Cw� Manager- or- the Miami Dade County Managef's desigaft11>>Chief Elected Official of Miami -Dade Cgppty or the Chief VmW Offic Lal of Miami -Dade County's I Words stricken through and/or [fdouble bracketed]] shall be deleted. Words underscored and/Or >>double arrOwed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. designee«for approval or denial by the Chief Elected Official of Miami -Dade County or the ChiefElected Official of Miami -Dade Co ty's designee. 2. Paragraph I(I) of the Interlocal Agreement Creating The South Florida Workforce Investment Board For Rezon 23 of the S 1. The • shall complyprocurement and expenditurc. procedures ! `! by `#' for t' i of i` a s. To the extent noti a` and regulations,s shall comply procurement { regulations of of Florida whichbe applicableaMiami-Dade iCounty and U[NvM the fit" W iti«. 3. Paragraph 4 of the Interlocal Agreement Creating The South Florida Workforce Investment Board For Region: 23 of the State of Florida is hereby amended to read as follows: 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 SF WIB committee shall cause the removal forthwith of such member from the SF WIB or the SF W1B committee or both, as applicable, by operation of this Interlocal Agreement. 4. Paragraph 6 of the Interlocal Agreement Creating 'fhe South Florida Workforce Investment Board For Region 23 of the State of Florida is hereby amended to read as follows: 6. This Interlocal Agreement shall become effective on March 1, 2006, after its execution by the Chief Elected Officials of Miami -Dade County and Monroe County and shall expire on June 30, [[20Q]]>>20l6<<. 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, to execute this- Interlocal Agreement for and on behalf of Miami -Dade County and Monroe County, respectively. THIS AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA IS ENTERED INTO ON BEHALF OF: M N17191M Date THIS AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA IS ENTERED INTO ON BEHALF OF: II Deputy Clerk MONROE COUNTY Mayor Date This Interlocal Agreement t and entered into by t between 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 #: shall have the power to sue and be sued, to plead and to be impleaded, to contract arW be contractm! wAk to enforce4 0 Lq agreements,toacceptSwits,',i+ or otherof 1engage an independent auditqir� to have an official sea] and alter same, and to input tort liability to the extent permitted bySection $. i SFWEB as limited in this Interlocal Agreement, the SFWIB shall exercise all of the powers granted to Local Workforce Investment Boards by the Woddora Investment Act of 1998, as amended from time to time, and Chapter Florida Statutes, as amended from time to time. Nothing herein shiff be construed tolimitor R any rt+ tosovereign immunity, Section 768.28, Florida Statutes, with respect to the SFWIB. The Executive Director of t !: shall be :t by i !: as ! # $ r$11111111 withini$ g of i D$ Countys may be removed from the position of Executive Director of the $FWEB in -the discretion of i !: The ExecutiveDirector RY be the Chief Operating Officer of the SFWIB and, as such, shall implement the policies, decisions, actions and directives of the SFWER. # shall serve the SFWIB under the supervisionit control Executive Director # !: s` i #theimplement the policies, decisions, actions and directives of the S t' g $' $ # t # ## # # C.'t MUJ, r2.DDC 2 1111gip i 1117M M1871 I rom Txsj Mis 51 Mr-M. 11VA1,11: I Fit 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 SFWIB and members of any and all committees of the SFW1B +f MPA on Ethics and Public Trust and the Office of the Nfiami-Dade County Inspector General. SFWEB members the Executive Director of the SFWEB, the staff ofthe SFW1B and members of any and all committees of the SFWIB shall comply with the Mami-Dade County Code of Ethics C. UrPV1SrW1421>0C Ordinance, Conflict of Interest Ordinanc^ Lobbyist Registration and ordinances,Reporting and the Citizens' Bill of Rights. its members, the Executive Director of the SFWIB, ofthe SFWJB and members ofany and all committees of the SFWlB, shall be subject to shalland comply withFlorida's Public Records and Open Mee 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 beard to the Miami -Dade County Office of Intergovernmental Affairs as required by Munn Bade County Ordinance #04-219 or as may be authorized in writing by said Office from time to time. i. Notwitluit riding: 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 SFWkB, who are physically present in the public muting roam' or other place of the public meeting, shall constitute a quorum necessary for taking any action at the public meeting. a se • a • a a re a :4ea a �t membersof is or eaa + members of a o of a tt f 8 a# Il.• as a a a s a• •s. a : a - a c 424 or federal taw, only appointed members of the SFWIB or appointed members of a committee of the SFWIB who are physically present in the public meeting room or other place of the public meeting shall be permitted to participate in such meeting, take any action at such meeting, or vote at such public meeting. Any such appointed member of the 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 outer place of the public miming, shall automatically, by operation of this Interiocal Agreement, be deemed to have thereupon resigned forthwith from membership on the SFWIB, if a member of the SFWIB and from membership on any and all committees of the SFWIB. j. SFWIB members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their official duties upon approval in writing by the Miami -Dade County Manager, or the Miami -Dade County Manager's designee. All of the aforesaid expenses shall be reimbursed in accordance with federal and state laws and regulations and Miami -Dade County ordinances And policies. All travel expenses for SFWIB members or any other person traveling for and on behalf of or at the rvpiest of the SFWlB shall be in conformance to traveli f of public officers C: '44i42. 5 t public Eit t e:1 and Miamt-Dade Countyordinances ! policies 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 SFW'IB shall be determined by the Chief Elected Official of Miami -Dade County in accordance with the criteria so forth in State and federal law. Members of the SFWIB shall serve at the pleasure as determined by iElected Official who: r r{ E eRthemember. F ElectedHowever, no member of the SFWlB shall be appointed to serve a term greater than two years. SFWEB members may be reappointed by the Chief Official t♦ appointed i'emember Any SFWIB ut-AnNir,-Mardless of whether or not the SFWIB member is chairj_ranson or other officer of E' may be removed for cause or titw&, in the sole discretion of the Chief Elected Official who appointed the SFWEB member. The Chief Elected Official of Monroe ♦ E . rR{ txff itr ♦ t r of tke SPFIB ! other members of the SFWIB. Representatives of businesses appointed to C I"i t92UJl2-D0C 6 the SF WlB 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 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 Hialtak 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 SFWlB shall comply with the procurement and expenditure procedures required by federal law for the expenditure of federal funds. To the ext---nt n--.A in conflin-I with shall comply with the procurement laws and regulations, of the State of Florida which may be applicable to Miami -Dade County and with the amilickle vrocurement ordinan administrative ord and licies of ffM7TrrIWMITM8 OTM - T I I CAWPVI3rWA2IW 7 M. The County Manager of Miami -Dade County and the administrative service of Miami -Dade County is hereby designated as the local fiscal VF7 M Rn W-n F, R 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, TANF, 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 SFWl1B. p- In order to exercise independent • Mann -Dade County and CAWPV'SrA142-D0C 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 6.71/o of any financial liability for any misuse of strant flinds, 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 SFWEB 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 WWI be paid by the SFWEB or by SFWEB 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 govermnental, 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 SFW1B or the parties hereto to seek legal or administrative relief from any such liability. b. Tort liability incurred by the SFW1B or incurred by any member of the or MUR171-1-67-TA-TV Executive Director or by a member of the staff of the SFWIB or of thi administrative entity, through or on account of the performance of the lawful acts authorized or requii-ed by this Interlocal Agreement shall, to the exterit permitted by Section 768.28, Fla. Stat, be solely the UVPVSn4142-D0C 9 responsibility of the SFWlB and does not and shall not constitute the tort liability of the parties hereto or their respective jurisdictions. In the event such tort liability is so incurred by any of the foregoing entities or persons, then and only then shall both Miami -Dade County and Monroe County contribute a sum to the SFWIB for the satisfaction of such tort liability incurred which shall equal 6.7% from Monroe County and 93.3% from Miami -Dade -County, all of which contributions for a single tort liability claim when aggregated together shall not exceed the limit for a single tort liability claim as so forth in Sec. 768.28, Fla. Stat. C. Costs and other expenses disallowed by the State or federal government or County or between the SFWIB and Miami -Dade County for the provision of workforce services shall be paid by and shall be the financial liability solely of the contracting county. Nothing herein shall be construed to authorize the SFWlB 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 �Woft-%e-Tts I�Pat 2mrxrricc 7Tilwiters or caused by errors of the SFWIB or of the administrative entity or cauW 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 Q'WPVWW4ZDM 10 the following percentaW. Monroe t - fi.?0%;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, '# i E #� 4 :•.t i - to a .i I♦ 1ii° f • {+ t `I 6 I tt' i dw: t # { { i •# tI I i .f { �i i i i { I i { i I' i a' { ' # _ i a •# { ♦ _ It i ' t f ■i t :.i ti - t # t # i ♦ ii i I t i 11 ♦ t i t 1 { 1 kF I 74-no Int f { or by my subordinate of the Miami -Dade County ManW or participate in the of SFWM shff nor shall the Executive Director or the Miami -Dade County Manager or any member of the administrative entity or of SFWM staff or any C WWPiP3Y44143DOC l 1 subordinate of any of the foregoing accede to such direction or request. Any violation of any of the provisions of this paragraph #4 by any of the members of the SFWIB or members of any SFWIB committee shall cause the removal forthwith of such member from the SFWiB or the SFWIB committee or both, as applicable, by operation of this Interiacal Agreement. 5. Notwithstanding any provision of this Intedocal 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 11 S of the Internal Revue 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 Interlocai Agreement, the SFW1B is authorized and empowered to pay reasonable compensation for services rendered and to make payments to advance SFW1B'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 SFW11B 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 Isall mimes,properties andrights,of any kind whatsoever, shall be forthwith transferred, delivered and conveyed to i de Countyfor public purposes. Notwithstanding provision oftins InteflocalAgreement,SFWIBshallonly t goveriunental fimetions 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 ctive jurisdictions who are parties to this bterlocal 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 small 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 Imedocal 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. •. 'Ms Interlocal Agreementbecome , on March 2006, . execution by the Chief Elected Officials of Miami -Dade County and Monroe County a shall • EJune 30, # a Both :f Officials have been duly authorized by !eir respective governirig bodies the Board of • r • t i ! E E • r- t1rMSM147-Doc 13 of Monroe County, to execute this Interlocal Agreement for and on behalf of Miami -Dade Cot Momoe Cotuity, respectively. T Upon expiration of this Interlocal Agreement,the SFWlB shall be deemed dissolved and no longer in existence. Upon the expiration date of this Interlocal Agreement and dissolution of the SFWIB or upon the dissolution, liquidation, or termination of the existence of the SFWlB prior to such expiration date, after t i i paying i t+�f providing t b i' i obligations of the forthwith transfemxL delivered and to Miimi�ade County for exc public E 4 i'This IoWo6al ai : i may bi4enewed in •! f • # i � i 4 # A' e t E • t I • 1 i * - !.f': 1 M I i .IItf :E i t 1.3 • ! t# f i Miami -Dade County and the Chief Elected OfficW of Monroe County but no C,WPiiS U142-00C 14 been duly authorized by their respective governing bodies, the Board of County Commissioners of Muni -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 Mies 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 } ,gym 7, WUNTY 16 BY M"Or /-Nt lo r, - "-DA THIS INTFMLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF: MONROE COUNTY WrrN .,SSES: - DANNY L, KOLHAGE, (le& By Deputy Ckwk FEB 15 2= Dade MONROE COUNTY RNEy APPROV S TO FORM: SU M.ORIMS ASSFSTA COUNTY RNEY cwrpmw,a-wc 17