Item N2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 2/18/09 - KL
Bulk Item: Yes 2X- No
Division: County Attorney
Staff Contact Person/Phone #: Bob Shillinger x3470
~
AGENDA ITEM WORDING: Authorization for the Mayor to execute the Trust Fund Release and Disbursal
Agreement in order to obtain $20,440.19 held in trust by Miami Dade County as part of the settlement
agreement between the South Florida Employment and Training Consortium and the Agency for Workforce
Innovation.
T
ITEM BACKGROUND: In 2004, the County entered into an agreement with Miami Dade County, and the
cities of Hialeah, Miami, and Miami Beach to form the South Florida Employment and Training Consortium for
the purpose of facilitating the provision employment and training services for residents in the member
jurisdictions. Under the agreement, Monroe County agreed to cover 6.7% of any liability incurred by the
consortium including liabilities for overcharges by service providers. In September of2006, the State Agency for
Workforce Innovation. after an audit, disallowed $651,282.00 in costs and demanded that those funds be repaid.
After documentation was provided for $307,594.00 of the disputed $651,282.00, a settlement agreement was
reached where the consortium members agreed to pay back $343,688.00. M01U'oe County paid $22,988.57 as its
share under the settlement agreement on July 1, 2008, which is slightly less than 6.7% ofthe total amount due as
a result of a $575.00 charge that was paid entirely by the City of Hialeah.
During this process, efforts were made to recoup the remaining $343,688.00 from the various service providers.
To date, those efforts have resulted in repayments of $305,077.50 from all but one provider. Once all
consortium members have executed the Trust Fund Release and Disbursal AgreeIl}.ents, Miami Dade County will
send Monroe County a check in the amount of $20,440.19. If, in the future, any of the remaining $48,967.00 is
obtained as a repayment from the remaining provider, Catholic Charities of the Archdiocese of :Miami, those
funds would be shared among the consortium members in the percentages set forth in the agreement.
Attached as back up are the document to be executed, the settlement agreement, documentation that the County
has paid its share of the settlement agreement, and the consortium agreement.
PREVIOUS RELEVANT BOCC ACTION:
6/16/04 - BOCC approved consortium agreement; 3/19/08 - BaCe approved settlement agreement.
CONTRACT/AGREEMENT CHANGES: nla
STAFF RECOMMENDATIONS: Approval
TOTAL COST: nla INDIRECT COST: $100.00
BUDGETED: Yes ~No
COST TO COUNTY:
$100.00
SOURCE OF FUNDS: ad valorem
REVENUE PRODUCING: Yes.12L- No
AMOUNT: $20.440.19 one time payment
APPROVED BY: County Atty ~
DOCUMENTATION: Included
DISPOSITION:
Revised 1/09
OMBlPurchasing _ Risk Management _
xx Not Required_
AGENDA ITEM #
TRUST FUND RELEASE
AND DISBURSAL AGREEMENT
1. Patties
This Trust Fund Release And Disbursal Agreement ("Agreement") is entered into by,
between, and among Miami-Dade County, Monroe County, the City of Miami, the City of
Hialeah, and the City of Miami Beach, the fanner member jurisdictions of the South Florida
Employment and Training Consortium (rtSFETC") and the State of Florida Agency for
Workforce Innovation (llAgency").
II. Preamble
A. Whereas, on July 2, 2008 the former member jurisdiction of the South Florida
Employment and Training Consortium ("SFETC") entered into a Settlement Agreement
with the State of Florida Agency For Workforce Innovation ("the Agency"), a copy of
which is attached hereto as Exhibit "A" and incorporated herein by reference hereto; and
B. Whereas, the Agency has certified that the Agency has received all of the sum of
$343,688.00 in disallowed costs pursuant to the aforesaid Settlement Agreement by letter
dated October 21, 2008, a copy of which is attached hereto as Exhibit "B" and
incorporated herein by reference hereto; and
C. Whereas, the staff of former member jurisdiction Miami-Dade County has successfully
obtained repayment of the disallowed costs associated with Finding CF2005-6 from all
but one of the former service providers of the SFETC, to wit, Catholic Charities of the
Archdiocese of Miami, Inc., in the amount of $48,967.00; and
D. Whereas, the repayment of the aforesaid disallowed costs is the total sum of$305,077.50;
and
Page 1 of6
PSTJU
E. Whereas, the staff of fonner member jurisdiction Miami-Dade County deposited the
aforesaid sum of $305,077.50 in a special Miami-Dade County Trust Fund No.
643TSF/643001; and
F. Whereas, this special Miami-Dade County Trust Fund No. 643TSF/643001 has earned
interest in the amount of $1 0,8 I 6.87 as of July 2008; and
G. Whereas, the work of the staff of former member jurisdiction Miami-Dade County to
obtain repayment of the disallowed costs has been voluntary and uncompensated by the
other four former member jurisdictions of the SFETC; and
H. Whereas, pursuant to 29 Code of Federal Regulations 97.2(i), all interest earned on the
repayment amount of$305,077.50 is required to be paid to the Agency; and
L Whereas, the Consortium Agreement, effective July 1, 2004 and expiring on JIDle 30,
2006 was silent concerning the allocation of the repayment amount of $305,077.50
among the five former member jurisdictions of the SFETC and state and federal law and
regulations are silent as well.
III. Terms And Conditions
Now, Therefore, in consideration of the mutual promises, covenants, and obligations set
forth below and for other good and valuable consideration as stated herein, the parties hereto
agree as follows:
1. All of the representations and statements in the Preamble, Paragraphs A. through
and including L, herein, are true and correct and all of same are incorporated herein by reference
hereto as if fully set forth herein.
2. Miami-Dade County shall and is hereby authorized and directed to release and
disburse the principal amount of $305,077.50 from Miami-Dade County Trust Fund No.
Page 2 of6
643TSF/643001 in accordance with the percentages for financial liability set forth in the
aforesaid Consortium Agreement not later than forty~five (45) days after the effective date ofthi5
Trust Fund Release And Disbursal Agreement as follows:
a. 42.2% to Miami-Dade County, to wit, $128,742.71;
b. 33.3% to the City of Miami, to wit, $101,590.81;
c. 11.1% to the City of Hialeah, to wit, $33,863.60;
d. 6.7% to Monroe County, to wit, $20,440.19; and
e. 6.7% to the City of Miami Beach, to wit, $20,440.19.
3. In the event that any of the five former member jurisdictions of the SFETC obtain
or receive repayment of the swn of $48,967.00 from Catholic Charities of the Archdiocese of
Miami, Inc., or any portion thereof, at any time, then the fonner member jurisdiction of the
SFETC obtaining or receiving such repayment, or any portion thereof, shall and is hereby
authorized and directed to release and disburse the aforesaid sum of $48,967.00, or any portion
thereof, so obtained or received, to the five former member jurisdictions of the SFETC in
accordance with the percentages set forth in 2.a., b., c., d. and e. hereinabove, not later than sixty
(60) days from the date of receipt of the repayment, or any portion thereof: by the former
member jurisdiction of the SFETC. Interest earned on the aforesaid sum, or on any portion
thereof, if any, shall be and is hereby authorized and directed to be released and disbursed by the
fanner member jurisdiction of the SFETC to the State of Florida Agency for Workforce
Innovation not later than ninety (90) days from the date of receipt of the repayment, or any
portion thereof, by the former member jurisdiction of the SFETC.
4. Miami-Dade County shall and is hereby authorized and directed to release and
disburse all of the interest earned on the principal sum of $305,077.50 in Miami-Dade County
Page 3 of6
Trust Fund No. 643TSF/643001 not later than ninety (90) days after the effective date of this
Trust Fund Release And Disbursal Agreement to the State of Florida Agency for Workforce
Innovation.
5. The parties hereto stipulate and agree that this document represents the entire
agreement by, between, and among the parties hereto concerning this subject matter and that the
provisions contained herein may not be modified without the express written consent of all of the
parties hereto.
6. In the event of any litigation arising out of this Agreement, this Agreement shall
not be construed in favor of or against any party by reason of the document's process or manner
of preparation.
7. This Agreement shall be effective on the date of signature of the last signatory to
this Agreement ("Effective Date"), to wit, the date that all of the parties hereto have executed
this Agreement. Facsimiles of signatures shall constitute, binding signatures for purposes of this
Agreement. This Agreement shall be signed in counter-part originals by each and all of the
parties hereto and each such counter~part original shall be deemed an original for all purposes.
Each such counter-part original of each of the parties hereto shall be executed by the duly
authorized officer of the respective party hereto.
Page 4 of6
IN WITNESS HEREOF, THE DULY AUTHORIZED REPRESENTATIVES
OF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT:
FORMER MEMBER JURISDICTIONS OF THE
SOUTH FLORIDA EMPLOYMENT AND TRAfNING CONSORTIUM
Miami-Dade County
DATED:
BY:
Print Name and Title:
Approved as to form and legal sufficiency by
County Attorney
Monroe County
DATED:
BY:
Print Name and Title:
. Approved as to form.t l~ . J. ~
(' j"",( As.--l'County Attorney" {, d/ '1/ /
City of Miami
DATED:
BY:
Print Name and Title:
Approved as to form and legal sufficiency by
City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGEl
Page 5 of6
DATED:
DATED:
DATED:
City of Hialeah
BY:
Print Name and Title:
Approved as to fOffi1 and legal sufficiency by
City Attorney
City of Miami Beach
BY:
Print Name and Title:
Approved as to form and legal sufficiency by
City Attorney
AGENCY FOR WORKFORCE INNOVATION
BY:
BARBARA K. GRIFFIN, DEPUTY DIRECTOR
Agency for Workforce Innovation
Approved as to fonn and legal sufficiency:
JAMES E. LANDSBERG, ASSISTANT GENERAL COUNSEL
Page 6 of6
SETTLEMENT AGREEMENT
L PARTIES
ThiS Settlement Agreement ("Agreement") is entered into by, between, and among
Miami.Dade County, Monroe County, the City of Miami, the City of Hialeah, and the City of
Miami Beach, former member jurisdictions of the South Florida Employment and Training
Consortium ("SFETC") and the State of Florida Agency for Workforce Innovation ("the
Agency").
II. PREAMBLE
A. WHEREAS, MiamiMDade County, Monroe County, the City of Miami, tile City
of Hialeah, and the City of Miami Beach entered into a Consortium Agreement effective
July 1, 2004 and expiring on June 30, 2006; and
B. WHEREAS, the aforesaid Consortium Agreement created the South Florida
Employment and Training Consortium ("SFETC"); and
C. WHEREAS, the Chief Elected Officials of the aforesaid former member
jurisdictions of the SFETC served as the Chief Elected Officials for Region 23 of the State
of Florida pursuant to the federal Workforce Investment Act of 1998 and state law; and
O. WHEREAS, Paragraph 11 of the aforesaid Consortium Agreement states:
11, Each member jurisdiction of the Consortium agrees to
promptly contribute to any SFETC liability incurred
under this Agreement as follows:
a. No liability shall be paid by any Consortium
member or by the SFETC unless ordered by a
court of competent jurisdiction or other superior
state or federal government entity or unless
otherwise agreed by affirmative vote of the
SFETC Board. The majority vote necessary to
approve payment of any financial claim or
financial liability shall include the vote of either
the City of Miami or Miami-Dade County to be
effective.
b. Costs and other expenses disallowed by the
state or federal government or by the
SFETC/SFW Boards with respect to contracts
between the SFETC/SFW Boards and an
individual Consortium member jurisdiction for the
provision of workforce services shall be paid by
and shall be the financial liability solely of the
same individual Consortium member jurisdiction.
c. Costs and other expenses disallowed with
respect to contracts between SFETC/SFW
Boards and any service providers or caused by
SFW staff errors shall be paid by and shall be
the financial liability of:
Miami-Dade County
Miami, Cily of
Hialeah, City of
Miami Beach, City of
Monroe County
TOTAL
42.20/0
33.3%
11.1 %
6.7%
6.7%
100%
; and
E. WHEREAS, the Agency, a superior state governmental entity, sent a
Management Decision to the South Florida Workforce Board dated September 27, 2006,
pertaining to an audit of federal funds awarded through the Agency for the Year Ended
June 30, 2005, which states in pertinent part "AWl has established a debt for the
disallowed costs associated with Finding CF 2005-6 in the amount of $651 ,282. This debt
must be repaid to AWl using a non-Federal funding source. We request that this payment
is made by December 31 , 2006."; and
F. WHEREAS, Finding CF 2005-6 found unjustified prepaid transportation costs
in the amount of $651,282.00 for three programs: U.S. Department of Labor, passed
through the Agency, WIA Cluster; U.S. Department of Health and Human Services, passed
through the Agency, Temporary Assistance for Needy Families; U.S. Department of Health
and Human Services, passed through the Florida Department of Children and Families,
Refugee and Entrant Assistance Program; and
G. WHEREAS, the Agency determined that under OMS Circular A-133
Allowable Costs/Cost Principles, costs must be documented in accordance with OMS
Circular A-1 02 Common Rule for State, Local, and Indian Tribal Governments to a point
where costs can be determined to be allowable or not; and
H. WHEREAS, Section 29 U.S.C.A. 2832(3)(8)(i)(1) provides that the Chief
Elected Official(s) shall serve as the local grant recipient and shall be liable for any misuse
of the federal grant funds; and
L WHEREAS, 20 CFR Section 667.705 provides that the grant recipient is
responsible for all federal funds under its grant(s) and that the political jurisdiction(s) of the
Chief Elected Official(s) is liable for any misuse of the grant funds allocated to the local
area; and
'1
-L.,-
J. WHEREAS, the aforesaid former member jurisdictions of the SFETC have
provided to the Agency additional documentation related to the disallowed costs, and the
Agency 11a5 reviewed this documentation and determined that the aforesaid former
member Jurisdictions of the SFETC have justified $307,594.00 of the disallowed costs.
Ill. TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of mutual promises, covenants, and
obligations set forth below, and for good and valuable consideration as stated herein, the
parties agree as follows:
1. The aforesaid former member jurisdictions of the SFETC agree to repay the
amount of $343,688.00 in disallowed costs to the Agency, from a non-federal funding source
within thirty (30) days from the date of execution of this Settlement Agreement by all parties.
Along with the payment, the aforesaid former member jurisdictions of the SFETC shall
provide a schedule, which sets forth the grant, grant amount, and grant year for the
repayment costs of $343,688.00.
a. In accordance with Paragraph 11.b. of the Consortium Agreement, the
City of Hialeah shall pay the Agency For Workforce Innovation the sum of $575.00 from a
non-federal funding source not later than thirty (30) days from the date of execution of this
Settlement Agreement by all parties.
b. In a,ccordance with Paragraph 11.c. of the Consortium Agreement,
Miami-Dade County shall pay the Agency For Workforce Innovation the sum of
$144,793.68 (derived by subtracting $575.00 from $343,688.00 and multiplying the
resulting sum of $343,113.00 by 42.2%) from a non-federal funding source not later than
thirty (30) days from the date of execution of this Settlement Agreement by all parties.
C. ] n accordance with Paragraph ii.c. of the Consortium Agreement, the
City of Hialeah shall pay the Agency For Workforce Innovation the sum of $38,085.54
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 11.1':;/~) from a non-federal funding source not later than thirty (30) days
from the date of execution of this Settlement Agreement by all parties.
d. I n accordance with Paragraph 11 .c. of the Consortium Agreement, the
City of Miami shall pay the Agency For Workforce Innovation the sum of $114,256.62
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 33.3%) from a non-federal funding source not later than thirty (30) days
from the date of execution of this Settlement Agreement by all parties.
e. In accordance with Paragraph 11.c. of the Consortium Agreement,
Monroe County shall pay the Agency For Workforce Innovation the sum of $22,988.57
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 6.7%) from a non-federal funding source not later than thirty (30) days
from the date of execution of this Settlement Agreement by all parties.
-3-
1. In accordance with Paragraph 11.c. of the Consortium Agreement, the
City of Miami Beach shall pay the Agency For Workforce Innovation the sum of $22,988.57
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 6.7%) from a non-federal funding source not later than thirty (30) days
from the date of execution of this Settlement Agreement by all parties.
2. The aforesaid former member jurisdictions of the SFETC and the Agency
acknowledge hereby that the U.S. Department of Labor and the U.S. Department of Health
and Human Services have the authority to demand repayment of misused federal funds from
the recipients of those funds. The aforesaid former member jurisdictions of the SFETC
agree that if either the U.S. Department of Labor or the U.S. Department of Health and
Human Services requires either the Agency or the aforesaid former member jurisdictions of
the SFETC to repay federal funds related to Final Management Decision Finding
CF 2005-6, the aforesaid former member jurisdictions of the SFETC shall fully indemnify the
Agency for the entire amount of such a repayment, to wit, the balance of $307,594.00.
3. The parties also acknowledge that U.S. Department of Labor or the U.S.
Department of Health and Human Services may require the repayment of prepaid
transportation costs in addition to the amount that is the subject of this Settlement
Agreement. If either the U.S. Department of Labor or the U.S. Department of Health and
Human Services requires either the Agency or the aforesaid former membe r jurisdictions of
the SFETC to repay these federal funds, the aforesaid former member jurisdictions of the
SFETC will indemnify the Agency for any disallowed costs attributable to SFETC.
4. Upon execution of this Settlement Agreement by all parties, the parties shall file
a Joint Notice of Settlement and Voluntary Dismissal of DOAH Case No. 06-4333.
5. The parties hereto stipulate and agree that this document represents the entire
agreement by, between, and among them and that the provisions contained 11erein may not
be changed or altered without the express written consent of all of the parties.
6. All of the parties hereto participated in the preparation of this stipulation and
Settlement Agreement, and in the process of preparation thereof, each and all of the parties
acknowledge hereby that each party was fully and adequately represented by its own
respective legal counsel and has received legal advice from its own respective legal counsel.
7. In the event of any litigation arising out of this Settlement Agreement, this
Settlement Agreement shall not be construed in favor of or against any party by reason of its
process of preparation.
8. All parties to this Settlement Agreement shall bear their own respective legal
costs and attorney's fees, if any, with respect to the preparation and execution of this
Settlement Agreement and DOAH Case No. 06-4333.
9. This Settlement Agreement shall be effective on the date of signature of the
last signatory to this Settlement Agreement ("Effective Date"), to wit, the date that all of the
-4-
parties hereto have executed this Settlement Agreement. Facsimiles of signatures shall
constitute acceptable, binding signatu res for purposes of this Settlement Agreement. This
Settlement Agreement shall be signed in counter-part originals by each and all of the
parties hereto and each such counter-part original shall be deemed an original for all
purposes. Each such counter-part original of each and all of the aforesaid former
members of the SFETC shall be executed by the duly authorized respective Chief Elected
Official of the aforesaid former member jurisdictions of the SFETC.
-5-
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DATED.
DATED
DATED
DATEn
IN WITNESS HEREOF, THE CHIFF ELECTED OFFICIALS AND THE
AGENCY HAVE EXECUTED THIS AGREEMENT
fQBMF;J{ MEM!?I;KllJgl.-2RJCILONS OF THE
S.Q~lJltLEkQRIQ!\TR/:\INJNG ANp EMP~QYN1E_NT_CQ!'JSORTIUM
BY:
Miami-Dade County
(~~;~:~~~~S?~e ___
Ma yor
Miami-Dade County
Approved as to form andJagaJ sufficiency by
.- '~;::7 ...'"' 1"', '1 ,-".,
County AltorneY(,;__~_L~__~f _ ~r},sA..
'~._y~ ~ y
(;.",.~ ,I,;... lklJ.'.)-.
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Monroe County
BY:
Mayor
Monroe County
Approved as to form and legal sufficiency by
County Attorney _______________mm________________
City of Miami
BY:
Mayor
City of Miami
Approved as to form and legal sufficiency by
City Attorney
City or Hialeah
BY
Mayor
City of f--haleah
Approved as to form and lefJal sufficiency by
Cil y Attorney"....__..___~m._________
City of Miami Beach
BY
Mayor
City of Miami Beach
Approved as to form and legal sufficiency by
City Attorney_ ~~~__m.__m__________
(,
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IN WITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE
AGENCY HAVE EXECUTED THIS AGREEMENT:
FORMER MEMBER JURISDICTIONS OF THE
SOUTH FLORIDA TRAINING AND EMPLOYMENT CONSORTJUM
Miami-Dade County
DATED:
BY:
Mayor
Miami-Dade County
Approved as to form and legal sufficiency by
County Attorney
~
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BY:
Mayor ,
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....... .,t Monr County;!
~~:U.;'4~L"~lt;r;~"*' l A. pproved as to form,~d 1~~~J1~~lfJ:Ppr'rX--
~...J::-:.~:::~>~~.rv{."'L.J;ounlY Attorney /1 "A~'f!:- c]~~'>7 I {'
tlt'fi')l~~1( t
City of Miami
DATED:
BY:
Mayor
City of Miami
Approved as to form and legal sufficiency by
City Attorney
City of Hialeah
DA TED:
BY:
Mayor
City of Hialeah
Approved as to form and legal sufficiency by
City Attorney
City of Miami Beach
DATED:
BY:
Mayor
City of Miami Beach
Approved as to form and legal sufficiency by
City Attorney
-G-
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IN WITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE
AGENCY HAVE EXECUTED THIS AGREEMENT
FORMER MEMBER JURISDICTIONS OF THE
SOUTH FLORIDA TRAiNING AND EMPLOYMENT CONSORTIUM
Miami-Dade County
DATE D:
BY:
Mayor
Miami-Dade County
Approved as to form and lega] sufficiency by
County Attorney
Monroe County
DATED:
BY;
Mayor
Monroe County
Approved as to form and legal sufficiency by
County Attorney
DATED:
BY:
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City of Hialeah
OATED:__
BY:
Mayor
City of Hialeah
Approved as to form and legal sufficiency by
City Attorney
City of Miami Beach
DATED:__ BY:
Mayor
City of Miami Beach
Approved as to form and legal sufficiency by
City Attorney.
-6-
IN VVITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE
AGENCY HAVE EXECUTED THIS AGREEMENT:
FORMER MEMBER JURISDICTIONS OF THE
SOUTH FLORIDA TRAINING AND EMPLOYMENT CONSORTIUM
DATED:
DATED:
DATED:
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FREDERICK H ARINELU, DIRECTOR
DSPARTMEN. TS AND HUMAN SERVICES
DATED:
Miami-Dade County
BY:
Mayor
Miami-Dade County
Approved as to form and legal suffic1ency by
County Attorney ___
Monroe County
BY:
Mayor
Monroe County
Approved as La form and legal sufficiency by
County Attorney
City of Miami
BY:
Mayor
City of Miami
Approved as t form and legal sufficiency by
City Attorn
BY:
City of Miami Beach
BY:
Mayor
City of Miami Beach
Approved as to form and legal sufficiency by
City Attorney
-6-
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DATED: J':),I> :5
AGENCY FOR WORKFORCE INNOVATION
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BY: ____/~__.,_.~.~ It"'(=-(~_::;t~~:~~5:lf:.,:~~'~_____,_,
BARf3ARA K, GRIFFIN, DEE'.tJTY/DlrR89TOR
Agency for Workforce Innovation ''--.k.:>
Approved as to form and legal sufficiency,
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KIM[3ERLY SISKO WARD, DEPUTY GENERAL COUNSEL
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O!!~rY ~~O~~~~E
(305) 29~-464~
Suzanne A, Hutton, County Attorney~'T.
Robel't B. Shillinger, Chief Assistmlt County AUomey *~,
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assislllnt County Attorney "'~
NatHeene W. Cassel, Assistant County Attorney
Cynthia 1. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
Derek V. Howard, Assistant County Attorney
** Bonrd Certified ill City, COllnty & Local Govt Law
July 1, 2008
Kimberly S. Ward. Deputy General Counsel, A WI
Office oftlle General COWlsel
107 East Madisson Street, MSC 110
Tallahassee, FL 32399A128
RE: Monroe County's share due pursuant to Settlement Agreement
Dear Ms. Ward,
BOARD OF COUNTY CmJlMISSlONERS
Mayor, Mario Di Gennaro, District 4
Mayor Pro Tem Charles "Sonny" McCoy, District 3
Dixie M. Spehar, District 1
George Neugent, District 2
Sylvia J. Murplw, District 5
Office of the County Attorney
1111 12th Streel, Suite 403
Key West, PL 33040
(305) 292-3470 - Phone
(305) 292-3516 - Fax
Enclosed please find Monroe County's check #530591 in the amount of $22,988.57 pursuant to the Settlement
Agreement between South Florida Employment and Training Consortium (SFTEC) and the State of Florida
Agency for Workforce Innovation.
If there is anything further that is required, please feel free to contact this office.
~.. /2-
Debra L. Rainer, Paralegal
c: Mayor Julio Robaina, Cit of Hialeah
Mayor Carlos Alvarez, Miami-Dade County
Mayor Manny Diaz, City of Miami
Mayor Matti Herrera Bower, City of Miami Beach
William M. Grodnick, City of Hialeah Attomey
" Peter S. Tell, Assistant Miami-Dade County Attorney
""l Rick Beasley, South Florida Workforce Executive Director
Enclosure as stated
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CONSORTIUM AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July, 2004 by and
among:
Miami-Dade County,
A political subdivision of
the State of Florida.
111 N.W. First Street
Miami, FL 33128
The City of Miami,
A municipal corporation of
the State of Florida.
3500 Pan American Drive
Miami, FL 33133
The City of Hialeah,
A municipal corporation of
the State of Florida.
501 Palm Avenue
Hialeah, FL 33011
The City of Miami Beach,
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A municipal corporation ~~: ~
the State of Florida. 2\:-: ~, rg
1700 Convention CentefcPlive
Miami Beach, FL 33139 E~~~ -.J
:01:; , c. .x-
-1 C'- ::s:
A political subdivision of ~;->~; _
the State of Florida. ;; i=n ,-
Courthouse .
Key West, FL 33040
Monroe County,
WHEREAS, it is desirable to conduct programs on an area wide basis providing
for employment and training opportunities for the economically disadvantaged,
unemployed, underemployed or otherwise meeting the eligibility criteria of any program
operated under this Agreement and to seek to assure universal access to training
resources for the population of the two-county area and to seek to assure that training
and other services are organized and delivered in the most effective and efficient
manner; and
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Consortium Agreement-July 2004
WHEREAS, Miami-Dade County, the City of Miami, the City of Hialeah, the City
of Miami Beach, and Monroe County are located in proximity to each other and have
entered into an Agreement creating the South Florida Employment and Training
Consortium; and
WHEREAS, all of Miami-Dade County and all of Monroe County can be
effectively served by the Consortium created by this Agreement; and
WHEREAS, the parties to this Agreement hereby find that as a Consortium the
parties are best able to plan and operate a workforce development program to obtain
administrative and programmatic advantages; and
WHEREAS, the parties hereto hereby find that the interests of Monroe County
residents and Miami-Dade County residents would be best-served by the South Florida
Employment and Training Consortium (herein referred to as "SFETC" or "Consortium")
continuing to act as the Local Elected Officials under the Workforce Investment Act
(hereinafter referred to as the "Act") for the Miami-Dade and Monroe Counties area
(Region 23); and
WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01 et
seq., Florida Statutes 1977 and the Miami-Dade County Home Rule Charter provide a
method for governmental entities to join together to implement these workforce
programs;
2
Consortium Agreement-July 2004
NOW, THEREFORE, in consideration of the covenants, conditions. and premises
herein set forth, the parties hereto agree as follows:
1. The parties hereto jointly and individually agree to continue to cooperate
and participate with each other as the entity known as the South Florida
Employment and Training Consortium (SFETC). The SFETC shall
continue to be a public body corporate and politic which, through its
governing body, may exercise all those powers either specifically granted
herein or necessary in the exercise of those powers set forth herein. The
SFETC shall be empowered to sue and be sued, to plead and be
impleaded, to contract and be contracted with, to enforce contracts and
agreements, and to have an official seal and alter same. This provision
shall not be construed to in any way affect the laws relating to
governmental immunity.
2. The purpose of this Consortium is to continue to conduct programs on an
area-wide basis under the federal Workforce Investment Act of 1998, as
amended from time to time, as the Local Elected Officials (LEOs') of
Region 23 ("Area").
3. This Agreement shall be approved by the affirmative vote of the governing
body of each member jurisdiction of the Area, to wit, the City Commission
of the City of Miami, the City Council of the City of Hialeah, the City
Commission of the City of Miami Beach, the Board of County
Commissioners of Miami-Dade County, and the Board of County
3
Consortium Agreement-July 2004
Commissioners of Monroe County, and shall supersede the Consortium
Agreement which expires on June 30, 2004.
4. There is hereby created a South Florida Employment and Training
Consortium Board ("SFETC Board") which shall be the governing board of
the Consortium. The representatives to the SFETC Board from each
member jurisdiction shall be the chief elected official or if the chief elected
official is unable or unwilling to represent the member jurisdiction in said
capacity, the chief elected official may appoint another elected official, or,
in the alternative, the chief non-elected/appointed official or the assistant
chief, non-elected/appointed official shall represent the member
jurisdiction. The member jurisdictions of the Con~ortium, at a meeting of
the SFETC Board, shall elect a chairperson of the SFETC Board who shall
serve for a term of two (2) years or until the chairperson resigns,
whichever occurs first.
5. The Consortium created hereby, acting by and through the SFETC Board,
shall have the following authority and responsibilities:
a. To receive all grants, funds, allocations, and any and all forms of
revenue based on, or pursuant to the Act; to receive grants, gifts, or
other resources from any agency or agencies of the United States
Government and the State of Florida or from other sources.
b. To employ, supervise and evaluate staff sufficient to carry out its
duties as grant recipient of workforce development funds awarded
to Region 23.
4
Consortium Agreement-July 2004
c. To enter into contracts or agreements with any corporation,
municipality, or any other legal entity, public or private, or any other
person or persons for the performance of such services as may be
required by the terms of any grant, contract, or agreement entered
into, or with, any agency or agencies of the government of the State
of Florida or of the United States, or any other legal entity in
accordance with State and federal law.
d. To promulgate, by four (4) affirmative votes of the SFETC Board
members present and voting, policies necessary for the conduct of
its business.
e. To expend funds for both planning and administrative purposes as
deemed necessary for the conduct of its business.
f. To consult with and retain experts and purchase or lease or
otherwise provide for such services, supplies, materials, equipment
and facilities as the SFETC Board deems necessary.
g. To provide for an annual financial audit of the South Florida
Employment and Training Consortium by an independent auditor.
h. To engage legal services.
i. To enter into an Interlocal Agreement with the South Florida
Workforce Board as set forth in state and federal law.
j. To be the "grant recipient" for the Area and to perform the duties
and responsibilities required of a "grant recipient" by WIA.
5
Consortium Agreement-July 2004
k. To designate South Florida Workforce (hereinafter referred to as
"SFW") as the "Administrative Entity" for all WIA, T ANF I and similar
and successor workforce programs operated within the Area to
perform the planning, operation, administration, and management
of such programs. SFW staff shall carry out the policy objectives
jointly established by the SFETC Board and the SFW Board.
l. To assume financial liability in accordance with state and federal
law.
m. To designate the local fiscal agent in accordance with state and
federal law.
n. To assume and perform the following roles and responsibilities
jointly with the SFW Board:
i. Selection, retention, and annual review of an Executive
Director who shall report to both the SFETC Board and SFW
Board and shall be the Chief Operating Officer of SFW;
ii. Implementation of strategic planning; development of plan
guidelines; and approval of local plan documents for
submission to the State of Florida;
Hi. Selection, designation, or termination of One Stop
Operator(s), core service providers, and intensive services
providers;
iv. Establishment of budget priorities and approval of the annual
operating budget;
v. Approval of funding decisions, contract awards, renewals,
deobligations, and terminations (including award of contracts
to Youth Providers based upon recommendations of the
Youth Council) and award of contracts for intensive services;
6
Consortium Agreement-July 2004
vi. Negotiation of local performance measures with the State of
Florida;
vii. Appointment of the Youth Council based upon federal and
state criteria;
viii. Selection of an independent auditor;
ix. Approval of litigation and settlement of claims;
x. Oversight of the regional workforce system by monitoring the
effectiveness of SFW, performance of contractors and
reviewing reports on program outcomes and results; and
xi. Approval of Memoranda Of Understanding with One-Stop
Partners.
0, To cause, jointly with the SFW Board, the SFW to administer programs in
accordance with applicable federal, state, and local law, rules and
regulations and to delegate, jointly with the SFW Board, to the SFW, the
following roles and responsibilities:
i. Provide staff support to the SFETC Board and SFW Board;
ii. Prepare strategic and compliance plans; carry out research and
development work for program planning;
iii. Implement plans and budget priorities by developing and issuing
RFPs; managing competitive procurement process; and developing
funding recommendations;
iv. Issue policy guidances and directives; provide training to
contractors;
v. Negotiate contracts for services; draft contracts; manage contracts;
vi. Disburse funds as directed by the SFW Board and SFETC Board;
provide financial administration; pay invoices; manage/report local
financial information to both Boards; meet financial reporting
requirements of funding sources;
7
Consortium Agreement-July 2004
vii. Collect program data necessary for the management, evaluation
and preparation of required or requested reports;
viii. Monitor and evaluate program operations pursuant to funds
received;
IX. Recommend the annual budget to the SFETC Board and the SFW
Boa rd;
x. Engage and pay the costs of the independent auditors annually
designated by the SFW Board and SFETC Board;
xL Administer programs as described in required plans;
xii. Determine and verify participant eligibility as described in grants
received;
xiii. Procure and maintain fixed assets and expendable supplies
necessary for program operations;
xiv. Manage a system to hear and resolve grievances brought by
participants, contractors, and other interested parties as required by
grants received;
xv. Provide financial administration for all program operations;
xvi. Conduct compliance monitoring of contracted providers;
xvii. Promote community relations and marketing with
partners/contractors, businesses and organizations, participants
and potential participants;
xviii. Interface with funding sources - WFI, AWl, USDOL, DCF; and
xix. Oversee and manage operational aspects and performance of
programs.
6. This Agreement shall become effective on July 1, 2004, after its execution
by all of the designated officers of all member jurisdiction governing
bodies, and shall expire on June 3D, 2006. This Agreement may be
renewed by the affirmative vote of the governing bodies of each and all of
the member jurisdictions.
8
Consortium Agreement-July 2004
7. The Consortium, acting by and through the SFETC Board, has caused to
be created a Regional Workforce Investment Board for Region 23 in
accordance with the Act. This Regional Workforce Investment Board shall
be known as the South Florida Workforce Board ("SFW Board"). The
SFW Board shall be a separate legal entity whose Board members shall
be appointed by the Consortium member jurisdictions according to a
formula for apportioning such appoIntments. This formula shall be agreed
to by the member jurisdictions of the Consortium at a public meeting of the
SFETC Board. All such appointments shall be in accordance with state
and federal law .
8. This Agreement may be amended from time to time or terminated upon
the affirmative vote of each and all of the governing bodies of the parties
hereto.
9. During the term of this Agreement any party hereto shall have the right to
withdraw from this Agreement upon the following conditions:
a. The SFETC Board shall have received written notice of the party's
decision to withdraw no later than ninety (90) days before the end
of the then current Workforce Investment Act fiscal year.
b. The withdrawing party shall not be released from any current or
past financial obligations or any other current or past obligations
incurred or agreed to by the withdrawing party.
10. A majority of the SFETC Board members shall constitute a quorum.
Action of the SFETC Board shall be valid and binding when adopted at a
9
Consortium Agreement-July 2004
public meeting by a majority of affirmative votes by those SFETC Board
members present and voting unless otherNise provided in this Agreement.
11. Each member jurisdiction of the Consortium agrees to promptly contribute
to any SFETC liability incurred under this Agreement as follows:
a. No liability shall be paid by any Consortium member or by the
SFETC unless ordered by a court of competent jurisdiction or other
superior state or federal governmental entity or unless otherwise
agreed by affirmative vote of the SFETC Board. The majority vote
necessary to approve payment of any financial claim or financial
liability shall include the vote of either the City of Miami or
Miami-Dade County to be effective.
b. Costs and other expenses disallowed by the state or federal
government or by the SFETC/SFW Boards with respect to
contracts between the SFETC/SFW Boards and an individual
Consortium member jurisdiction for the provision of workforce
services shall be paid by and shall be the financial liability solely of
the same individual Consortium member jurisdiction.
c. Costs and other expenses disallowed with respect to contracts
between SFETC/SFW Boards and any service providers or caused
10
Consortium Agreement-July 2004
by SFW staff errors shall be paid by and shall be the financial
liability of:
Miami-Dade County
Miami, City of
Hialeah, City of
Miami Beach, City of
Monroe County
TOTAL
42.2%
33.3%
11.1%
6.7%
6.7%
100%
d. In the event that a new political jurisdiction is permitted to join this
Consortium, the financial liability of the new political jurisdiction
shall be pro-rated according to the allocation of appointments to the
SFW Board.
JOHN R. COLLINS
COUNT~TTOF\NEY
Dille (j(l) J 6.( ~
11
Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
MIAMI-DADE COUNTY
WITNESSES:
~~DeputYcterk
12
Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI
.
~ G\~ At\~
~~ {. (L~o
f!JJ~i<. ~ Adt.~~.
WITNESSES:
C3-Je.. ~.~CitY Clerk
13
.l
" .
,
Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF HIALEAH
WITNESSES:
\~~~
Mayor Hau1 L~ Martinez
~~x ~~itYClerk
)
BY
Approved .. to form and
legal auMciency: J /J
p/~~~~
Wflllam M. G
Cfty Attorney
CY~
FREDERICK H. MARINE~tDfAECTOR
DEPARTMENT OF GRANTS AND nuMAN SEfMCEI
CITY OF HIALEAtl
14
Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI BEACH
Rob'8'rt Parcher
Mayor David Dermer
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
STATE OF FLORIDA \
COUNTY OF DADE:, ,'~
I, ,RO.BERT PARCHER. City Clerk of City of
Miami B~ach, Florida, do hereby certify that
the above and for'39oing is a true and correct
coPy of the originQI thereof on file in this
office.
W.ITNESS my hend and the ~sc.:1 of said City
this d.&yof A.a. 20
ROBERT P.tV1C4~9
elly Clerk cf tile eii" 1,)1 ~"i';""ll <, ...,,!, f'~';"'''
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~~
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Ol, ""'V$."" .J. -
Murray Duhbi '
15
Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
MONROE COUNTY
A POLITICAL SUBDIVISION
OF THE Sf A TE OF FLORIDA
BY ITS BOARD
OF COUNTY COMMISSIONERS
BY~(~
Mayor
Deputy Clerk
See page 11 for Legal
16