Interlocal Agreement 12/13/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: April 30, 2024
TO: Pedro Mercado,
Assistant County Attorney
Abra Campo,
Contract Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: December 13, 2023 BOCC Meeting
The below item has been executed and added to the Official Record:
L2 Approval of Interlocal Agreement with CareerSource Southwest Florida.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
Doc#2455608 Bk#3268 Pg#310 Electronically Recorded 3/25/2024 at 11:43 AM Pages 21
Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK
ElectronicallyREC: $180.00
FIFTH AMENDED AND RESTATED
INTERLOCAL AGREEMENT
FOR THE
SOUTHWEST FLORIDA WORKFORCE
DEVELOPMENT CONSORTIUM
THIS FIFTH AMENDED AND RESTATED INTERLOCAL AGREEMENT (this
"Agreement") is made and entered into as of the Effective Date (defined below), by and between
CHARLOTTE COUNTY, a charter county and a political subdivision of the State of Florida
("Charlotte");COLLIER COUNTY,apolitical subdivision of the State of Florida("Collier');GLADES
COUNTY, a political subdivision of the State of Florida("Glades"); HENDRY COUNTY, a political
subdivision of the State of Florida ("Hendry"); LEE COUNTY, a charter county and a political
subdivision of the State of Florida("Lee"); MONROE COUNTY, a political subdivision of the State of
Florida ("Monroe"); and SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD,
INC., a Florida not-for-profit corporation d/b/a CAREERSOURCE SOUTHWEST FLORIDA
("CSSWF"). Charlotte, Collier, Glades,Hendry, Lee and Monroe are sometimes referred to herein as the
"Counties". The Counties together with CSSWF are sometimes referred to individually herein as a"Party"
or collectively as the"Parties".
WHEREAS, CSSWF is a local workforce development board created under Section 445.004,
Florida Statutes and is subject to Chapters 119 and 286, Florida Statutes,as well as Section 24,Article I of
the State Constitution; and
WHEREAS,as of the Effective Date(defined below),Charlotte,Collier,Glades,Hendry,Lee and
Monroe collectively comprise a local workforce development area ("LWDA") under the Workforce
Innovation and Opportunity Act of 2014, 29 U.S.C. §3101 - §3361, United States Public Law 113-128
("WIOA"), and Chapter 445, Florida Statutes, known as the "Workforce Innovation Act of 2000"
("Workforce Innovation Act"), and which implements WIOA (collectively referred to herein as the
"Authority"); and
WHEREAS, the Authority establishes a program to prepare youth and unskilled adults for entry
into the labor force and to afford job training to those economically disadvantaged individuals and other
individuals facing serious barriers to employment, who are in special need of such training to obtain
productive employment; and
WHEREAS, the Authority creates a partnership among state and local goveminents, and the
private sector,with primary emphasis upon the coordination of workforce development programs operating
within the LWDA and that are administered by CSSWF(the"Programs");and
WHEREAS,WIOA requires the designation of local workforce development areas to promote the
effective delivery of workforce development programs; and
WHEREAS, WIOA requires that where a local workforce development area is comprised of more
than one unit of local government, those various governmental units must enter into an agreement that
specifies the respective roles of the individual chief elected officials of each general-purpose unit of
government; and
WHEREAS,the Counties have been designated by the Governor as the LWDA for the Southwest
Florida Region pursuant to 29 U.S.C. §3121; and
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WHEREAS, Section 163.01, Florida Statutes, provides for local governmental units to make the
most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual
advantage to provide services and facilities pursuant to forms of governmental organization that will accord
best with geographic, economic, population, and other factors influencing the needs and development of
local communities through an Interlocal agreement;and
WHEREAS, the Parties previously entered into that certain Fourth Amended and Restated
Interlocal Agreement dated as of July 1,2022 ("Prior Agreement"); and
WHEREAS,the Parties desire to amend and replace the Prior Agreement with this Agreement.
NOW THEREFORE,in consideration of the mutual promises and the conditions herein set forth,
and pursuant to Section 163.01, Florida Statutes,the Parties agree as follows:
1. Recitals/Definitions. The foregoing recitals are true and correct and incorporated herein
by reference. Except as otherwise expressly provided herein, any capitalized term not otherwise defined
herein shall have the definitions set forth in 29 U.S.C. §3102, which are hereby adopted and incorporated
by reference herein.
2. Purpose. The purpose of this Agreement is to establish the authorities and responsibilities
of the Parties required for the implementation of Programs in accordance with the Authority and such other
workforce federal,state,and other non-governmental workforce grants and revenues which may be awarded
to any entities created under this Agreement or providing goods or performing services under this
Agreement, and to ensure compliance with the rules and regulations applicable to such Authority, grants,
and awards. Upon the Effective Date of this Agreement,this Agreement shall supersede and replace, in its
entirety, the Prior Agreement.
3. Identification of Parties to this Agreement and Notice. Except as otherwise provided
in this Agreement, any notice required or permitted to be given hereunder shall be in writing from the Party
giving notice and sent/delivered as follows: (i) hand delivered; (ii) sent by next-business day commercial
courier or delivery service; (iii) email; or (iv) regular U.S. mail, addressed to the other Parties at the
addresses set forth below(or to such other place as any party may by notice to the others specify from time
to time). All notices sent to the Counties shall also be copied to County Manager or County Administrator,
as applicable.
The Parties and their addresses for notice purposes are more particularly described as follows:
Charlotte: Collier:
Charlotte County, Florida Collier County,Florida
Attn: Hector Flores,County Administrator Attn: Amy Patterson,County Manager
18500 Murdock Circle, Suite 536 3299 Tamiami Trail East, Suite 303
Port Charlotte, FL 33948 Naples,FL 34112
Email: (Email addresses for the current Chief Email: (Email addresses for the current Chief
Local Elected Official and County Administrator) Local Elected Official and County Manager)
(County Administrator's email is currently (County Manager's email is currently
hect or.11ores.CCCharlotteco Lill tvll.uoV) Amv.Pattersou c7.colliercountvfl.aov)
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Glades: Hendry:
Glades County, Florida Hendry County, Florida
Attn: June Fisher, County Manager Attn:Jennifer Davis,County Administrator
P.O. Box 1527 P.O. Box 2340
Moore Haven,FL 33471 LaBelle,FL 33975
Email: (Email addresses for the current Chief Email: (Email addresses for the current Chief
Local Elected Official and County Manager) Local Elected Official and County Administrator)
(County Manager's email is currently (County Administrator's email is currently
CountvylanaL,er,(Fl.'.niv�)-lades.com') fDavis((hendrvfla.ne0
Lee: Monroe:
Lee County,Florida Monroe County, Florida
Attn: David Harrier, County Manager Attn: Roman Gastesi,County Administrator
2115 Second St.,4`r'Floor 1100 Simonton St., Suite 205
Fort Myers,FL 33901 Key West, FL 33040
Email: (Email addresses for the current Chief Email: (Email addresses for the current Chief
Local Elected Official and County Manager) Local Elected Official and County Administrator)
(County Manager's email is currently (County Administrator's email is currently uastesi-
DHarner(c-Heerov.com) romanc❑lonroecounty-fl.�-)'oV)
CSSWF:
Southwest Florida Workforce Development
Board, Inc.d/b/a CareerSource Southwest Florida
Attn: Peg Elmore,President and CEO
6800 Shoppes at Plantation Drive, Suite 170
Fort Myers,FL 33912
Email:pelmorc�t,"".careersourcesoutli�y estflorida.com
with a copy of notices to:
Coleman, Yovanovich&Koester, P.A.
Attn: Gregory L. Urbancic,Esq.
4001 Tamiami Trail North, Suite 300
Naples,FL 34103
Email: (-)urbancic a?cvklai -vftrm.coni
4. LWDA - Geo2ratshical Area to be Served under this Agreement. The LWDA is
comprised of the geographical area of the Counties,each of which is legally described in Chapter 7,Florida
Statutes, which legal descriptions are incorporated herein by reference. This geographical area represents
the area to be served under this Agreement.
5. Continua tion/Esta.blishment of the Consortium.
a. Acceptance of Designation. Consistent with the Prior Agreement, the Counties
agree to accept the Governor's designation of the six-county local area as LWDA for Southwest Florida for
purposes of Programs promulgated under the Authority.
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b. Continuation/Establishment of Consortium. The Counties further agree to
continue the board to be known as the "Consortium", which had been previously established pursuant to
the Prior Agreement and which shall collectively constitute, and act as, the chief elected official pursuant
to the Authority. The Consortium shall be comprised of six(6)members,which members shall be the chief
local elected official from each County (each, the "Chief Local Elected Official'). The Chief Local
Elected Official from each County will be the Chair of the Board of County Commissioners,or the designee
of such Chair,who shall be an elected County Commissioner. To the extent a County Commissioner other
than the Chair will serve as the chief local elected official for the County,the County shall provide written
notice to the Parties.
6. Consortium Procedures.
a. Chair of the Consortium. One of the six(6) Chief Local Elected Officials on the
Consortium will serve as the Chair of the Consortium("Consortium Chair''). The Consortium Chair will
have such duties as set forth in this Agreement. The position of the Consortium Chair will rotate among its
members on an annual basis as of each July 1. As of the Effective Date of this Agreement,the Chief Local
Elected Official of Monroe shall be the Consortium Chair and shall serve until June 30, 2025. The
Consortium Chair will thereafter rotate alphabetically annually (with the Chief Local Elected Official of
Charlotte being next)in the following repeating order: Charlotte,Collier,Glades,Hendry, Lee and Monroe.
b. Meetings. The Consortium will endeavor to meet at least once per fiscal year of
CSSWF (July I"through June 30`t'). The Consortium Chair shall preside over Consortium meetings and
shall perform all duties incident to that office. In the absence of the Consortium Chair,the chair pro tempore
shall be the Chief Local Elected Official next in line to become the Consortium Chair under the annual
rotation described above and such person shall exercise the duties of the Consortium Chair. Except as
otherwise provided herein,meetings shall be held at the discretion of the Consortium Chair. Meetings shall
be noticed and declared public meetings, open to the public, in accordance with the Government in the
Sunshine Law, Section 286.011. Florida Statutes. A quorum at any Consortium meeting shall consist of
any three (3) members. A quorum is required to transact Consortium business. At all meetings of the
Consortium at which a quorum is present,all matters shall be decided by the majority vote of said members.
7. Consortium Duties and Responsibilities.
a. Generally. Sections 107, 108, and 121 of WIOA (codified as 29 U.S.C. § 3122, S
3123 and § 3151), as may be amended from time to time, are hereby incorporated within this Agreement
as if set out herein. Any reference herein to a provision or section of the Authority or any other applicable
law shall be deemed to include a reference to the applicable successor provision, section or law that may
be adopted from time to time.
b. Specific Duties. Acting as the chief elected official pursuant to the Authority,the
Consortium shall have the following authority, duties, and responsibilities:
i. Requesting LWDA designation from the State of Florida
ii. Requesting certification from the State that CSSWF shall be the local
workforce development board pursuant to WIOA.
iii. Appoint and reappoint representatives of the private sector as members of
CSSWF pursuant to the provisions of Section 8, below, within ninety (90) days after a CSSWF member
has resigned, been removed pursuant to the bylaws of CSSWF or otherwise removed for cause so as to
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maintain the minimum number of business members required by the bylaws of CSSWF and the Authority.
The Consortium may request any change in the number of members of CSSWF that will represent each
county, identify which sector they will represent and request certification from the Governor should any
changes to the current representation be required, ensuring that board membership of CSSWF meet the
requirements of Section 107 of WIOA.
iv. Remove appointed members of CSSWF for cause. "For cause"shall have
the meaning set forth in Section 445.002, Florida Statutes.
V. Provide oversight of the Programs necessary to ensure the effective and
efficient delivery of all services as required by the Authority.
vi. Select a grant recipient and Fiscal Agent (defined herein) to administer
WIOA and other applicable statutes/programs/funds. As used herein,"Fiscal Agent"means the individual
or entity designated with the responsibilities and functions described in 20 CFR § 679.420. CSSWF is
designated as such pursuant to Section 11, below.
vii. Together with CSSWF, review and approve the Four-Year Local Plan
required under WIOA (the"Local Plan"), modifications thereto, and submit to the Governor pursuant to
the procedures in Section 11, below.
viii. Together with CSSWF, review and approve the One-Stop Operator
(defined herein) required under WIOA pursuant to the procedures in Section 11, below. As used herein,
the"One-Stop Operator"means the single entity or consortium of entities described in 20 CFR§678.600.
ix. Approve Memorandum of Understanding and Infrastructure Funding
Agreements between CSSWF and One-Stop partners pursuant to the procedures in Section 11,below.
X. Approve CSSWF's annual budget for carrying out its duties pursuant to
the procedures in Section 11, below.
xi. In coordination with CSSWF,negotiating and reaching agreement on local
workforce development board local performance measures with the State.
xii. hi coordination with CSSWF, establishing bylaws and codes of conduct
for the members of CSSWF,the Executive Director and staff of CSSWF.
xiii. Establish rules for the conduct of Consortium business.
xiv. Perform any other appropriate duties necessary for the accomplishment,
and consistent with the purposes,of this Agreement,WIOA and Florida's workforce development initiative.
xv. Accept responsibility for compliance and accountability for State and
Federal funds.
xvi. Take prompt corrective action deemed necessary and appropriate in their
reasonable discretion to comply with the Authority or to assure that performance standards are met.
xvii. Maintain communication with CSSWF necessary to carry out the
objectives of this Agreement.
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xviii. Exert every necessary and reasonable effort to resolve disagreements
between the Counties and CSSWF.
8. CSSWF- Composition,Selection of Members,and Term.
a. Composition. As provided in 29 U.S.C. §3122, and subject to any additional
criteria established by the Governor of the State and CareerSource Florida ("CSFL"), CSSWF shall be
composed of members meeting the following criteria:
i. Business Representatives. A majority (51%) of the members of CSSWF
shall be representatives of business in the LWDA (each, a"Business Representative"), who:
(a) Are business owners, chief executives or operating officers of businesses,
or other business executives or employers with optimum policymaking or hiring authority;
(b) Represent businesses, including small businesses, or organizations
representing businesses that provide employment opportunities that, at a minimum, include high-
quality, work-relevant training and development in in-demand industry sectors or occupations in
the LWDA; and
(c) Are appointed from among individuals nominated by local business
organizations and/or business trade associations.
ii. Labor/Training Representatives. Not less than twenty percent (20%) of
the members of CSSWF shall be representatives of the workforce within the LWDA (each, a
"Labor/Training Representative"), who:
(a) Shall include representatives of labor organizations who have been
nominated by local labor federations; if no employees in the LWDA are represented by labor
organizations, other representatives of employees;
(b) Shall include a representative, who shall be a member of a labor
organization or a training director, from a joint labor-management apprenticeship program; if no
such joint program exists in the LWDA, a representative of an apprenticeship program in the
LWDA,if such a program exists;
(c) May include representatives of community-based organizations that have
demonstrated experience and expertise in addressing the employment needs of individuals with
barriers to employment, including organizations that serve veterans or that provide or support
competitive integrated employment for individuals with disabilities; and
(d) May include representatives of organizations that have demonstrated
experience and expertise in addressing the employment, training, or education needs of eligible
youth, including representatives of organizations that serve out-of-school youth.
iii. Educational Representatives. Include representatives of entities
administering education and training activities in the LWDA (each, an "Educational Representative"),
who:
(a) Shall include a representative of eligible providers administering adult
education and literacy activities under WIOA;
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(b) Shall include a representative of institutions of higher education providing
workforce investment activities, including community colleges; and
(c) May include representatives of local education agencies, and of
community-based organizations with demonstrated experience and expertise in addressing the
education or training needs of individuals with barriers to employment.
iv. Government/Economic Development Representatives. Shall include
representatives of governmental and economic and community development entities serving the LWDA
(each, a"Government/Economic Development Representative"),who:
(a) Shall include a representative of economic and community development
entities;
(b) Shall include an appropriate representative from the State employment
service office under the Wagner-Peyser Act(29 U.S.C. § 49 et seq.)serving the LWDA;
(c) Shall include an appropriate representative of the programs carried out
Linder title I of the Rehabilitation Act of 1973 (29 U.S.C. § 720 et seq.), other than section 112 or
part C of that title(29 U.S.C. § 732,741), serving the LWDA;
(d) May include representatives of agencies or entities administering
programs serving the LWDA relating to transportation, housing, and public assistance; and
(e) May include representatives of philanthropic organizations serving the
LWDA.
V. The members of CSSWF may include such other individuals or
representatives of entities as the Consortium may determine from time to time to be appropriate.
b. Selection of Business Representatives. Each Chief Local Elected Official shall be
responsible for making his/her County's Business Representative appointment(s) from nominations
received pursuant to this subsection to be members of CSSWF in accordance with WIOA. The nomination
process for an appointment as a Business Representative to be a inember of CSSWF shall be as follows:
1. A Business Representative shall be selected from among individuals
nominated by a local business organization or business trade association (i.e. Economic Development
organization, Chamber of Commerce, or similar entity) after consulting with and receiving
recommendations from other business organizations in the LWDA.
2. Nominations, and any individual selected from such nominations as a
Business Representative, shall reasonably represent the industrial and demographic composition of the
business community.
Each appointee proposed by the Chief Local Elected Official shall be presented to, and approved by, the
Board of County Commissioners of his/her County prior to being seated as a member of CSSWF.
C. Selection of Labor/Training Representatives. A nominee meeting the criteria for
a Labor/Training Representative shall be presented by CSSWF to the Consortium Chair for approval by the
Consortium Chair prior to being seated as a member of CSSWF.
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d. Selection of Educational Representatives. A nominee meeting the criteria for an
Educational Representative shall be presented by CSSWF to the Consortium Chair for approval by the
Consortium Chair prior to being seated as a member of CSSWF.
C. Selection of Government/Economic Development Representatives. A nominee
meeting the criteria for a Government/Economic Development Representative shall be presented by
CSSWF to the Consortium Chair for approval by the Consortium Chair prior to being seated as a member
of CSSWF.
f. Applicable Term and Term Limits.
i. A member of CSSWF shall be appointed for fixed and staggered terms.
No member of CSSWF shall serve for more than eight (8) consecutive years, unless such member is a
representative of a governmental entity. The staggering of terms shall be initially established by the Board
of Directors of CSSWF. Pursuant to Section 445.007(2)(a), Florida Statutes, service as a member of
CSSWF prior to July 1, 2021 shall not count toward the eight(8)consecutive year limitation.
ii. The members of CSSWF will serve as its Board of Directors. The Board
of Directors of CSSWF shall make all policy decisions for CSSWF pursuant to the authorizing legislation
under which grants are made available and awarded to CSSWF as grantee recipient and Fiscal Agent for
the Programs.
iii. The members of CSSWF will appoint a Chair pursuant to the bylaws of
CSSWF. As required by the Authority, the Chair of CSSWF shall be a representative of business in the
LWDA and shall be selected by the members of the CSSWF to serve for a term of no more than two (2)
years and shall serve no more than two(2)terms.
9. CSSWF Powers, Duties and Responsibilities. In addition to other powers, duties and
responsibilities specified by CSFL or applicable, law, the powers, duties and responsibilities of CSSWF
shall include,without limitation,the following:
a. Employ personnel to carry out the effective and efficient operation of the
Programs, as defined in the Local Plan, and to provide necessary technical assistance to any sub-grantees
providing services under the oversight of the CSSWF.
b. Hire an Executive Director ("Executive Director") who shall be of sufficient
competence and experience to organize and train personnel as necessary to conduct the functions and
operations of CSSWF as provided in this Agreement.
C. Adopt a committee structure consistent with the Authority and policies established
by the CSFL.
d. Adopt procedures and administrative rules to effectively carry out CSSWF's
polices and decisions in a manner that does not conflict with the Authority and other applicable federal and
State laws, rules, and policies.
e. As the Fiscal Agent, perform accounting and funds management including the
following functions:
i. Receive Program funds.
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ii. Ensuring sustained fiscal integrity and accountability for expenditures of
Program funds in accordance with Office of Management and Budget (OMB) circulars, WIOA,
corresponding federal regulations, State law,and State policies.
iii. Ensure an independent audit is performed annually of all Programs.
iv. Responding to any audit financial findings.
V. Maintaining proper accounting records and documentation.
vi. Preparing applicable financial reports.
vii. Providing technical assistance to any sub-recipients regarding fiscal
issues.
viii. Procure necessary contracts or written agreements relating to the
Programs.
ix. Conduct financial monitoring of any service providers.
f. Develop,submit,ratify,or amend the Local Plan pursuant to the Authority,subject
to the procedures in Section 11, below.
g. Develop an annual budget for the purpose of carrying out the duties of CSSWF as
enumerated in this Section and the Authority, subject to the approval of the Consortium pursuant to the
procedures in Section 11, below. Submit the annual budget for review to the CSFL no later than two (2)
weeks after the Consortium approves the budget.
h. Select the One-Stop Operator for the LWDA subject to procedures in Section 11,
below.
i. Conducting workforce research and regional labor market analysis.
j. Convening local workforce development system stakeholders to assist in the
development of the Local Plan and identify expertise and resources to leverage support for workforce
development activities.
k. Leading efforts to engage a diverse range of employers and other entities in the
region.
1. Leading efforts to develop and implement career pathways.
m. Leading efforts in the local area to identify and promote proven and promising
strategies and initiatives for meeting the needs of employers, workers, and jobseekers.
n. Conducting oversight of the Programs and the entire workforce delivery system,
ensure the appropriate use and management of WIOA funds, and ensure the appropriate use, management,
and investment of funds to maximize performance outcomes.
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o. In coordination with the Consortium,negotiating and reaching agreement on local
workforce development board local performance measures with the State;
P. In coordination with the Consortium,establishing bylaws and codes of conduct for
the members of CSSWF,the Executive Director and staff of CSSWF.
q. Establishing additional monitoring and reporting requirements if one entity fulfills
multiple functions to ensure CSSWF is compliant with WIOA, final rules and regulations, OMB circulars,
and the State's conflict of interest policy.
r. To do all acts and things necessary or convenient for the conduct of its business in
order to carry out the powers and duties provided in this Agreement.
10. Meetings of the Board of Directors of CSSWF.
a. All meetings of the Board of Directors of CSSWF shall be subject to requirements
of, and in compliance with, Chapter 286, Florida Statutes, and Section 445.007(1), Florida Statutes.
b. The Chair, or Vice Chair in the absence of the Chair, shall preside over meetings
of the Board of Directors of CSSWF.
C. A quorum at any meeting of the Board of Directors of CSSWF shall consist of at
least one-third(1/3) of the CSSWF members.
d. Except as otherwise required by law,matters coming before the Board of Directors
of CSSWF shall require the affirmative vote of at least a majority of the voting members present. However,
prior to entering into any contracts with an organization or individual represented on the Board of Directors
of CSSWF,the contract must be approved by a two-thirds(2/3)vote of the Board of Directors of CSSWF,
and the CSSWF director that could benefit financially from the transaction must abstain from voting on the
contract in accordance with applicable law.
1 1. Specific Provisions Relating to CSSWF and the Consortium.
a. Fiscal Agent. CSSWF is hereby designed as such grant recipient and the Fiscal
Agent for the Programs in the LWDA.
b. Four-Year Local Plan Approval Process. Pursuant to WIOA and in accordance
with the requirements established by the Governor of the State,CSSWF shall develop and present the Local
Plan to the Consortium for review and approval pursuant to this subsection. Upon approval and execution
of the Local Plan when required by the Authority, CSSWF will submit the Local Plan to the CSFL and the
Florida Department of Economic Opportunity. Approval of the Local Plan or modification of the Local
Plan described under Section 108 of WIOA for the Southwest Florida Region shall follow the following
procedure. CSSWF shall prepare and adopt the proposed Local Plan (or modification, as applicable) as
required by the Authority and transmit the same to the Consortium for its approval prior to submission of
the Local Plan to the Governor pursuant to the Authority and Florida law. Transmission of the Local Plan
shall be by sending or delivering a copy of the Local Plan to both the Chair and the county administrator or
county manager, as applicable,for each of the Counties. The Local Plan submitted to the Consortium for
approval under this section shall be deemed approved by the Consortium at the end of the sixty (60) day
period beginning on the date upon which the proposed Local Plan is received by the Consortium ("Local
Plan Review Period")unless one or more members of the Consortium notifies CSSWF in writing prior to
the expiration of the Local Plan Review Period of either an objection to the Local Plan or that it has
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requested a meeting of the Consortium to review the Local Plan. If any member of the Consortium provides
such written notice to CSSWF, a meeting of the Consortium shall be called for the purpose of reviewing
the Local Plan within thirty (30) days after the Consortium member's correspondence("Requested Plan
Review Period"). In the event the Consortium does not take action to approve or disapprove the Local Plan
for any reason prior to the expiration of the Requested Plan Review Period,the Local Plan shall be deemed
approved by the Consortium.
C. Annual Budget Approval Process. Approval of the annual budget of CSSWF for
purposes of carrying out the duties of CSSWF pursuant to Section 108 of WIOA shall follow the following
procedure. CSSWF shall prepare and adopt an annual budget as may be required by law and transmit the
same to the Consortium for its approval. Transmission of the budget shall be by sending or delivering a
copy of the budget to both the Chair and the county administrator or county manager, as applicable, for
each of the Counties. The budget submitted to the Consortium for approval under this section shall be
deemed approved by the Consortium at the end of the sixty (60) day period beginning on the date upon
which the proposed budget is received by the Consortium ("Budget Review Period")unless one or more
members of the Consortium notifies CSSWF in writing prior to the expiration of the Budget Review Period
of either an objection to the budget or that it has requested a meeting of the Consortium to review the
budget. If any member of the Consortium provides such written notice to CSSWF, a meeting of the
Consortium shall be called for the purpose of reviewing the budget within thirty (30) days after the
Consortium member's correspondence("Requested Budget Review Period").In the event the Consortium
does not take action to approve or disapprove the budget for any reason prior to the expiration of the
Requested Budget Review Period,the budget shall be deemed approved by the Consortium. During any
period of review of the budget by the Consortium and until approval of the budget by the Consortium,
CSSWF can continue its operations consistent with the budget that was most recently approved by the
Consortium. Any material modification to any budget approved by the Consortium hereunder shall be
approved by the Consortium in accordance with the foregoing procedure. For purposes of this section,the
addition into CSSWF's budget of mid-year, program specific earmarked funds from the state or federal
government shall not be deemed to be a material modification to CSSWF's budget.
d. MOU Approval Process. Approval of a memorandum of understanding with one-
stop partners concerning the operation of the one-stop delivery system in the Workforce Development Area
("MOU")pursuant to Section 121 of WIOA shall follow the following procedure. CSSWF shall prepare
and adopt the MOU as may be required by law and transmit the same to the Consortium for its approval.
Transmission of the MOU shall be by sending or delivering a copy of the MOU to both the Chair and the
county administrator or county manager, as applicable, for each of the Counties. The MOU submitted to
the Consortium for approval under this section shall be deemed approved by the Consortium at the end of
the sixty (60) day period beginning on the date upon which the proposed MOU is received by the
Consortium("MOU Review Period")unless one or more members of the Consortium notifies CSSWF in
writing prior to the expiration of the MOU Review Period of either an objection to the MOU or that it has
requested a meeting of the Consortium to review the MOU. If any member of the Consortium provides
such written notice to CSSWF, a meeting of the Consortium shall be called for the purpose of reviewing
the MOU within thirty (30) days after the Consortium member's correspondence ("Requested MOU
Review Period"). In the event the Consortium does not take action to approve or disapprove the MOU for
any reason prior to the expiration of the Requested MOU Review Period, the MOU shall be deemed
approved by the Consortium.
e. One-Stop Operator Approval Process. Approval of a one-stop operator or the
termination for cause of a one-stop operator pursuant to Section 108 of WIOA ("One-Stop Operator
Action") shall follow the following procedure. In the event CSSWF shall require One-Stop Operator
Action,CSSWF shall provide notice of the same("One-Stop Operator Notice")to the Consortium for its
approval. Transmission of the One-Stop Operator Notice shall be by sending or delivering a copy of the
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Doc.#2455608 Page Number: 12 of 21
notice to both the Chair and the county administrator or county manager, as applicable, for each of the
Counties. The One-Stop Operator Action submitted to the Consortium for approval under this section shall
be deemed approved by the Consortium at the end of the sixty(60)day period beginning on the date upon
which the proposed One-Stop Operator Action is received by the Consortium("One-Stop Action Review
Period")unless one or more members of the Consortium notifies CSSWF in writing prior to the expiration
of the One-Stop Action Period of either an objection to the One-Stop Operator Action or that it has requested
a meeting of the Consortium to review the One-Stop Operator Action. If any member of the Consortium
provides such written notice to CSSWF, a meeting of the Consortium shall be called for the purpose of
reviewing the One-Stop Operator Action within thirty (30) days after the Consortium member's
correspondence ("Requested One-Stop Action Review Period"). In the event the Consortium does not
take action to approve or disapprove the One-Stop Operator Action for any reason prior to the expiration
of the Requested One-Stop Action Review Period,the One-Stop Operator Action shall be deemed approved
by the Consortium. CSSWF may serve as the One-Stop Operator if permitted by applicable law and
approved by the Consortium.
12. Financial Responsibility for the Programs. No funds will be provided from the
treasuries of any of the Counties for implementation of the Programs, it being the intent hereof that all
funding of the Programs shall be accomplished entirely by grants pursuant to the WIOA and any other
available State or Federal grants. Notwithstanding the same, as provided in WIOA,the Counties through
the Consortium, as the chief elected official pursuant to the Authority, are not relieved of liability for the
misuse of grant funds by the designation of CSSWF as grantee and Fiscal Agent as provided herein.
However, as authorized by WIOA, to provide assurances to and protection for the Counties and the
Consortium, CSSWF agrees to the following:
a. Indemnification. Unless determined to be contrary to applicable law,CSSWF shall
indemnify, defend, and hold harmless the Consortium and the Board of County Commissioners of each of
the Counties, from all claims, suits,judgments or damages caused by CSSWF, its agents or employees'
negligent act or omission in the performance of its obligations under this Agreement. CSSWF shall not,
however, indemnify,defend or hold harmless the Board of County Commissioners of each of the Counties
from any claims,suits,judgments or damages resulting solely from the negligence of any tortfeasor County,
its agents and employees.
b. Disallowed Cost Liability. In the event CSSWF is determined to be responsible
for any disallowed costs,through whatever means, CSSWF and the Counties will mutually work to resolve
all such disallowed costs. In the event that repayment of funds is demanded by the funding source,CSSWF
will have first responsibility for repayment, through its insurance, and grant or non-grant funds such as
unrestricted funds as allowed by the Authority. If such insurance,grant or non-grant funds are insufficient
for the demanded repayment, then any repayment obligation shall be determined as provided by the
Authority.
13. Term and Termination.
a. Term. This Agreement shall become effective and commence as of July 1, 2024
(the"Effective Date"), and shall continue through June 30, 2029, unless otherwise terminated as provided
herein.This Agreement shall automatically renew for additional one-year terms commencing on July I and
ending in June 30 of each year, unless any party provides written notice of its intent not to renew on or
before March 1 of any extension period.
b. Termination for Convenience. The Counties or CSSWF may terminate this
Agreement, without cause,by giving one hundred eighty(180)days prior written notice of the termination.
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Doc.#2455608 Page Number: 13 of 21
C. Termination for Default. Each of the following shall constitute an Event of
Default:
i. The failure or refusal by any of the Parties to substantially fulfill any of its
obligations in accordance with this Agreement: provided, however, that no such default shall constitute an
Event of Default unless and until one of non-defaulting Parties has given prior written notice specifying
that a default or defaults exist which will, unless corrected, constitute a material breach of this Agreement,
and the defaulting Party has either not corrected such default or has not cured the defaults, as determined
by the non-defaulting Parties within thirty (30) days from the date of such notice or within such longer
period of time, not exceeding an additional sixty (60) days, as may be reasonably necessary to cure such
default if the defaulting Party is diligently and with continuity of effort pursuing such cure and the default
is susceptible of cure within an additional sixty(60)day period.
ii. The written admission by CSSWF that it is bankrupt, or the filing of a
voluntary petition under the Federal Bankruptcy Act, or the consent by CSSWF to the appointment by a
court of a receiver or trustee or the making by CSSWF of any arrangement with or for the benefit of its
creditors involving an assignment to a trustee, receiver or similar fiduciary regardless of how designated,
of all or a substantial portion of CSSWF's property or business, or the dissolution or revocation of its
corporate charter.
Upon the occurrence of an Event of Default, the non-defaulting Parties shall have the right to
immediately terminate this Agreement upon written notice to the Parties in default.
d. Termination of Funding. In the event that sufficient budgeted federal formula
funds are not available for a new fiscal period, the Counties shall notify CSSWF of such occurrence, and
the Agreement shall terminate on the last day of the current fiscal period without penalty or expense to the
Counties.
14. Modification. This Agreement may be modified in writing by the mutual consent of the
Parties,consistent with the Authority and any applicable regulations or rules promulgated thereunder. Any
alterations,amendments,modifications or waivers in the terms and conditions of this Agreement shall not
be effective unless reduced to writing, approved by all Parties, signed by thew duly authorized
representatives and filed with the Clerks of the Circuit Courts of the Counties.
15. Resolution of Disagreements. To facilitate the timely and effective resolution of any
controversy or dispute that may arise under this Agreement, the Chair of CSSWF and the County Manager
or County Administrator, as applicable, of each of the Counties shall undertake negotiations to resolve the
matter. To the extent the controversy or dispute cannot, after good faith effort, be resolved, any of the
Parties may refer the matter to non-binding mediation. The dispute will be mediated by a mediator-chosen
jointly by CSSWF and the Counties within thirty (30) days after written notice demanding non-binding
mediation. None of the Parties may unreasonably withhold consent to the selection of a mediator, and the
Parties will share the cost of the mediation equally. The Parties may also, by mutual agreement, replace
mediation with some other form of non-binding alternate dispute resolution procedure. In the event that
any claim,dispute, or demand cannot be resolved between the Parties through negotiation or mediation as
provided herein within sixty(60) days after-the date of the initial demand for non-binding mediation, then
any of the Parties may pursue any remedies as provided by law.
16. Severability. In the event any terms or provisions of this Agreement or the application to
any of the Parties hereto,person, or circumstance shall,to any extent,be held invalid or unenforceable,the
remainder of this Agreement, or the application of such terms or provision to the Parties, persons or
13
Doc.#2455608 Page Number: 14 of 21
circumstances other than those held invalid or unenforceable, shall not be affected thereby and every other
term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.
{Remainder of page intentionally left blank. Signatures commence on the next page.}
14
Doc.#2455608 Page Number: 15 of 21
IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the
attached pages.
PASSED AND DULY ADOPTED THIS 5"' DAY OF December 2023.
ATTEST: BOARD OF COUNTY COMMISSIONERS
KEVIN C. KARNES OF LEE COUNTY, FLORIDA
"0FCI COURT
vvI _ Chairman
1Dt
ts
APPROVED AS TO FORM FOR THE
RELIANCE OF LEE COUNTY ONLYSE County Attorney's Offic
15
Doc.#2455608 Page Number: 16 of 21
PASSED AND DULY ADOPTED THIS 126 DAY OF cet , 2023.
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE�O I °FI QRIDA
By: �
u'. Willi G.:Trx, Cy i °
Attest:
�';�° ••....°° °Lai
Roger D. Eaton, Clerk of the Circuit
Court and Ex-officio Clerk of
th boa d\of County Commissioners
B r r 1 ' APPROVED AS TO FORM AND
Deputy ale LEGAL SUFFICIENCY
B`� - >'
Jan e S. Knowlton, County Attorney
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Doc.#2455608 Page Number: 17 of 21
PASSED AND DULY ADOPTED THIS DAY OF jan (,A-r �, 202`�.
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk OF COLLIER COUNTY, FLORIDA
By: _ By:
,Deputy Clerk Chris Hall, Chairman
Attest as to Chairman's
signature only
Approve J �ad legality:
Jeffrey A. at— ) County Attorney
17
Doc.#2455608 Page Number: 18 of 21
PASSED AND DULY ADOPTED THIS DAY OF �'Ga rr h , 202 .
BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY,FLORIDAooF`.OUN1"
.....,n.�-c
4oPt D `_
By: _ a
Tim Stanley, Chairman y s n
c
Attest: N, N
TAMI PEARCE SIMMONS,
Glades County Clerk of Court
By: pwiLe
&ttw
APP/R/O�Eq�AS TQ/�O i A
& LE AL,SUFFICIENCY 1
6
< Richard Pringle, C n 'Attorne
V' :-D
r
18
Doc.#2455608 Page Number: 19 of 21
PASSED AND DULY ADOPTED THIS 12 DAY OF December 2023
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
By: /�Yt ,ititG
Emma Byrd, -1, o
Attest:
By: y APPROVED AS TO FORM AND
i, berley Wrfneau, Clerk LEGAL SUFFICIENCY
By:
Matt Rauterson, County Attorney
f.
19
Doc.#2455608 Page Number: 20 of 21
t . D DULY ADOPTED THIS I DAY OF tn?c 2025.
�� -
N
�ADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By-
As Deputy Clerk Holly M ' Raschein, Mayor
APPROVED AS TO FORM AND '~
LEGA ,f U FFICIENCY
By: e,
Pedro J. Mercado, Sr. Asst. County Attomey
20
Doc.#2455608 Page Number: 21 of 21
PASSED AND DULY ADOPTED THIS j®Trt DAY J00)u 2024.
SOUTHWEST FLORIDA WORKFORCE
DEVELOPMENT BOARD, INC.,
a Florida not-for-profit corporation
d/b/a CAREERSOURCE SOUTHWEST
FLORIDA
By: aj h1k
Mike Bisk• , Chair
STATE OF FLORIDA )
) ss.
COUNTY OF LEE )
The foregoing instrument was acknJFRCE
ged before me by means of(x)physical presence
or( ) online notarization this/ day 2024 by Mike Biskie, as
Chair of SOUTHWEST FLORIDA WO DEV 'LOPMENT BOARD INC., a Florida
not-for-profit corporation d/b/a CAREERSOURCE SOUTHWEST FLORIDA, who is (X )
personally known to me or ( ) has produced as evidence of
identification.
tiA'' J
(SE ""' : LYNTORIA C.THOMAS
�i Commission#HH 30$854 (Z
' a Expires September THOME
2026
;Foi c�° TA Y P V 1-21,
ame:
( or Print
My Commission Expire , e2
21