SFY 2002-2004
Revised 6/10/02
CONSORTIUM AGREf;MENT
THIS AGREEMENT, made and entered into this 1 st day of July 2002
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,
A municipal corporation of
the State of Florida.
1700 Convention Center Drive
Miami Beach, Florida 33139
Monroe County,
A political subdivision of
the State of Florida.
Courthpuse
Key West, FL 33040
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 assure universal access to training resources for the population of
the two-county area and to assure that training and bther services are organized and
delivered in the most effective and efficient manner; and
WHEREAS, Miami-Dade County, the City of Miami, the City of Hialeah, the City of
Miami Beach, and Monroe County are located in reasonable proximity to each other; and
have entered into an agreement creating the South Florida Employment and Training
Consortium; and
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,Consortium Agreement-July 2002
WHEREAS, all of Miami-Dade and Monroe Counties can be effectively served by
a Consortium of the type created by this Agreement; and
WHEREAS, the signatories to this Agreement believe that as a Consortium they
can plan and operate a workforce development program so as to obtain administrative
and programmatic advantages; and
WHEREAS, it is the feeling of the parties hereto that the interests of the
community would be better served by the South Florida Employment and Training
Consortium herein referred to as SFETC or Consortium, continuing to provide for the
funding, review, evaluation, and coordination of programs in the Miami-Dade and Monroe
Counties area, and to provide for the coordination of related ancillary workforce
development services; 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 in order to perform programs of the type
intended;
NOW, THEREFORE, in consideration of the covenants, conditions, and premises
herein set forth, the parties agree as follows:
1. That the parties hereto do all mutually and individually agree to continue
with each other the entity known as the South Florida Employment and
Training Consortium.
2. That a purpose of this Consortium is to continue to conduct programs on an
area-wide basis under the Workforce Investment Act of 1998 as amended
from time to time, (herein referred to as the Act) and under the Jobs and
Education Partnership process.
3. That this Agreement shall be approved by the affirmative vote of the
legislative body of each jurisdiction (i.e., 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 Boards of County Commissioners of Miami-Dade
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,Consortium Agreement-July 2002
and Monroe Counties), and shall supplant the existing Agreement executed
in 2000.
4. That the representatives to the Consortium from each member local
government 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
members of the Consortium shall elect a chairperson to serve for a term of
2 years or until the chairperson resigns, Which ever first occurs.
5. The Consortium hereby formed 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 and to the Jobs and Education
Partnership process; to receive grants, gifts, or other resources from any
agency or agencies of the United States Government, and/or the State
of Florida or other sources.
b. To employ, supervise and evaluate staff sufficient to carry out its
responsibilities as administrative enti~ and grant recipient of workforce
development funds awarded to Region 23.
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 and/or the
United States, or any other organization selected by the South Florida
Workforce Board. To contract with the South Florida Workforce Board
as per the Interlocal Agreement at1;ached hereto and made a part
hereof.
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d. To promulgate, by four (4) affirmatIve votes of its members, such
policies, and to amend such policies ~s necessary for the conduct of its
business.
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,Consortium Agreement-July 2002
e. To expend funds for both planning and administrative purposes as
deemed necessary for the conduct of its business.
f. To implement, coordinate, review and evaluate programs; and to fund,
monitor and audit projects which have been approved by the
Consortium and the South Florida Workforce Board.
g. To consult and retain experts and purchase or lease or otherwise
provide for such services, supplies, materials, equipment and facilities,
as it deems necessary.
h. To appoint and remove an Executive Director who shall serve at the will
of the majority of the Consortium members and the Chairman of the
South Florida Workforce Board. Said Director shall employ directly or
through contract with a member jurisdiction appropriate staff personnel
who will comprise the Office of the South Florida Employment and
Training Consortium. The staff will be hired pursuant to Miami-Dade
County Employment Policies and Procedures and subject to the Miami-
Dade County employee merit system.
i. To provide for an annual audit of the Office of the South Florida
Employment and Training Consortium by an independent auditor.
J. To provide either directly or through contract for legal service.
k. To contract with the South Florida Workforce Board as per the Interlocal
Agreement attached hereto and made a part hereof. (Exhibit A.)
I. To analyze financial reports and make recommendations to the South
Florida Workforce Board for improvement.
m. The South Florida Workforce Board shall submit, ratify or amend local
plans as required by funding entities and submit them to the Consortium
for the approval of the Local Elected Officials. Such planning shall
incorporate the negotiation of local performance standards as defined in
WIA.
n. The South Florida Workforce Board shall designate or certify One-Stop
Operators and may terminate for cause the eligibility of such operators.
Any designation, certification or temiination of a One-Stop Operator
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, Consortium Agreement-July 2002
shall be submitted to the Consortium for the approval of the Local
Elected Officials.
6. That this Agreement shall be effective, upon its proper execution by the
designated officer of each member jurisdiction's legislative body of Miami-Dade
County, the City of Hialeah, the City of Miami Beach, the City of Miami, and
Monroe County, from July 1, 2002 and shall expire on June 30, 2004 or when
re-enacted by the membership which ever first occurs. This Agreement may
be renewed by the affirmative vote of the legislative body of each member
jurisdiction.
7. That the South Florida Employment and Training Consortium staff shall
perform the following and other duties as delegated by the Consortium in
consert with the South Florida Workforce Board:
a. To prepare an annual budget for the operation of programs and
projects. The budget for funds received under the Act shall be approved
by the Consortium and the South Florida Workforce Board. which will
function as a regional workforce development boardlworkforce
investment board in compliance with all Workforce Investment Act
requirements.
b. To maintain a financial accounting system to account for and report on
all funds received and expended. Such report shall be made not less
than quarterly to the Consortium and parties hereto.
c. To monitor, evaluate, manage, audit and provide technical assistance
and advice to the parties hereto and to all others, organizations, or
governmental units as may be required by Federal or State Regulations
or the Consortium.
d. To prepare appropriate reports for each member jurisdiction as required
by the Consortium or the South Florida Workforce Board members.
8. That the Consortium has caused to be crea1ed a regional workforce board in
accordance with the Act. This council, to I be known as the South Florida
Workforce Board, is a separate entity whos~ members shall be appointed by
the Consortium's member local governmeJ11tal jurisdictions according to a
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,Consortium Agreement-July 2002
formula for apportioning appointments that shall be agreed to by the South
Florida Workforce Board and the Members of the Consortium, and revised
from time to time by agreement of the South Florida Workforce Board and the
South Florida Employment and Training Consortium, and which shall be in
compliance with all federal and State requirements for representation on the
South Florida Workforce Board:
In its capacity as the Local Elected Official for Region 23, the SFETC Board
shall:
a. Establish the SFWB membership in compliance with WIA and
applicable State law and local agreement.
b. Appoint members to the SFWB in compliance with requirements
established under WIA, State law and local agreement.
c. Review and approve the SFWB WIA annual plan and budget.
d. Participate, with the SFWB, in the selection of One-Stop Operators as
defined under WIA.
9. That this Agreement may be amended from time to time, or cancelled, upon
the affirmative vote of each legislative body, (i.e., 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 Boards of County Commissioners of Miami Dade
and Monroe Counties), of the parties hereto.
10. That during the term of the Agreement any party hereto shall have the right to
withdraw from this Agreement upon the following conditions:
a. That the Consortium by and through its Executive Director shall have
received written notice of the party's intent to withdraw no later than
ninety (90) days before the end bf the then current Workforce
Investment Act program year.
b. That the withdrawing party shall not be released from any financial or
any other obligations incurred by that! party during the then current or
prior program years.
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, Consortium Agreement-July 2002
11. That majority of the Consortium shall constitute a quorum. Action of the
Consortium shall be valid and binding when adopted at a public meeting by at
least a majority of Affirmative votes by those present unless otherwise provided
in this agreement.
12. That each member jurisdiction of the Consortium agrees to contribute to
SFETC liability incurred under this agreement as follows:
a. No liability will be paid by member jurisdictions unless ordered by court
or other controlling body or unless otherwise agreed. The majority vote
necessary to approve payment of a claim must include the vote of either
the City of Miami or Miami-Dade Cou~ty to take effect.
b. Costs disallowed from contracts with Consortium Members will be paid
by the Consortium Member involved.
c. Costs disallowed from contracts with Service Providers or from staff
errors will be paid as follows:
Miami Dade County 42.2%
Miami, City of 33.3%
Hialeah, City of 11.1 %
Miami Beach, City of 6.7%
Monroe County 6 7%
TOTAL 100%
d. In the event that a new political jurisdiction enters into this Consortium, liability
to said new political jurisdiction will be prorated proportionately according to the
distribution of appointments by the jurisdictions which then comprise the
Consortium and each jurisdiction's number of appointments to the SFWB.
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Consortium Agreement-July 2002
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
MIAMI DADE COUNTY
WITNESSES:
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Deputy Clerk
B~~
Steve Shiver, County Manager
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Con~oi1ium Agreement-July 2002
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI
ZES
/?,~/7JI 7kcL~'lc'
/c/. /1,I-){11 Ie' (;'.' J7lc'?1I/C~Clerk
BY
APPROVED AS TO FORM AND CORRECTNESS:
BY:
10, City Attorney KRM
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'Consortium Agreement-July 2002
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THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF HIALEAH
WITNESSES:
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BY
Raul L. Martinez, Mayor
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Consortium Agreement-July 2002
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI BEACH
_~r ~~~
Robert Parcher, City Clerk
ATTEST:
APPROVED /IS TO
FORM & LANGUAGE
& FOR EXECUTION
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CIty 0IIt
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Consortium Agreement-July 2002
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
MONROE COUNTY
A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA BY ITS BOARD
OF COUNTY aOMMISSIONERS
Deputy Clerk
BY ~
Charles Mc y, Mayor
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" Interlocal Agreement
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South Florida Workforce Board and the South Florida Employment and
Training Consortium Board
This AGREEMENT, made and entered Into by and among: the Local
Elected Officials (LEO's) of the Jurisdictions which comprise the South Florida
Employment and Training Consortium (namely, Miami-Dade County, the City of
Miami, .the City of Hialeah, the City of Miami Beach, and Monroe County),
through their designees, the South Florida Employment And Training Consortium
Board (hereinafter referred to as SFETC Board), and the Workforce Investment
Board of South Florida, which will be called South Florida Workforce Board
(hereinafter referred to as SFW Board).
WITNESSETH
WHEREAS the United States Congress ha~ established the Workforce
Investment Act (WIA) of 1998, charging the Govemor of the State of Florida with
establishing local workforce Investment areas; and
WHEREAS the Govemor of the State of Florida has designated the area
encompassed by Miami-Dade and Monroe coOnties as local workforce
Investment area i23 of the State of Floiida; and
WHEREAS the WIA requires that the Local Elected Officials (the SFETC
Board) and the Local Workforce Investment Board (SFW Board) work together to
implement the provisions of WIA; and
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WH~REAS the parties desire to enter Into an agreement to Implement and
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operate WIA and any other workforce programs as awarded to the SFW Board
for the residents of Miami-Dade and Monroe counties; and
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. . 'Inter1Ocal Agreement
i · SFWB and SFETC
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WHEREAS the SFETC Board has developed a staff organization
(hereinafter referred to as SFETC staff) that Is trained, experienced and
competent in the areas of workforce program admini$tration; and
WHEREAS the SFWD Board has developed a ataff organization
(hereinafter referred to as SFW staff) that Is trained, experienced and competent
In the areas of workforce program implementation and operation;
In CONSIDERATION of the mutual promises herein contained, the parties
agree to develop and enter Into an agreement under the laws of the State of
Florida, and the laws, rules and regulations of the United States of America.
NOW, THEREFORE, be It resolved that thia Agreement be made and
entered into by and between the SFETC Board and the SFW Board.
I. AUTHORITIES AND RESPONSIBILmES OF THE SFW BOARD
A. The SFW Board shall employ, supervise and evaluate an Executive
Director and staff sufficient to carry out Its responsibilities as
contained herein.
B. The SFW Board shall submit, ratify or amend local plans as
required by funding entities and submit them to the SFETC Board
for the approval of the Local Elected Officials. Such planning shall
incorporate the negotiation of local perfonn&nce standards as
defined In WIA.
C. The SFW Board shall designate or cel!tify One-Stop Operators and
may terminate for cause the eligibility of such operators. Any
designation. certification or termination of a One-Stop Operator
shall be submitted to the SFETC Board for the approval of the
Local Elected Officials.
D. The SM Board shall Identify eregible providers of youth activities
by awarding grants or contracts on a competitive basis, based on
the recommendations of the Youth Council for the SFW Board.
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Inter10caf Agreement
. SFWB and SFETC
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E. The SFW Board shall identify eligible providers of training services.
F. The SFW Board shall identify eligible providers of intensive
aervices by awarding contracts on a competitive baals.
G. The SFW Board shan conduct strategic planning, engaging
appropriate regional partners. as a means to focus Its long- and
short-term workforce development strategies.
H. The SFW Board shall develop a budget for the purpose of carrying
out Its duties and responsibilities by establishing annual budget
priorities and communicating said priorities to the SFETC Board
staff who win prepare a budget for approval by both the WOB and
the SFETC Board, as the Local Elected Officials.
I. The SFW Board shall conduct oversight of the administrative entity
functions as carried out by the SFETC Staff.
J. The SFW Board shan establish and m+intain a system to hear and
resolve complaints, grievances and appeals as required under WIA.
State law and policy.
K. The SFW Board shan assist the Go~emor, as requested, In the
development of statewide employment statistics as required In WIA.
L. The SFW Board shall coordinate workforce development activities
carried out with local economic development strategies.
M. The SFW Board shall promote the participation of private aector
employers In the local and statewide workforce development
system through brokering, coaching and Intermediaries to assist
employers in meeting their hiring needs.
N. The SFW Board shall oversee and evaluate the perfonn8nce of the
workforce development system to ensure high-quallty, high-
performing services for the residents of Region 23.
O. The SFW Board ahall engage In community relations activities
designed to Inform potentially eligible residents, employers and the
community about b services and activities.
P. The SFW Board shall identify the need for. develop, approve, illue
. and manage policies with regard to workforce development
activities In Region 23.
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'. SFWB and SFETC
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Q. The SFW Board ahall IeNe as the alngle point of contact for
resolution of issues with funding entities.
R. The SFW Board Ihall ensure that Its activfties are carried out
_ consistent with all applicable laws, rules. policies and regulations.
S. The SFW Board may soncit and accept public or private funds.
T. The SFW Board shall maintain Its 501 c. 3. atalus, uae Its own by-
laws and hire legal counsel.
. II. AUTHORITIES AND RESPONSIBILmES OF THE SFETC BOARD
A. The SFETC Board ahall employ. lupervise and evaluate ataft
lufficient to carry out its responsibilities as administrative entity and
grant recipient of workforce development funds awarded to Region
23.
B. The SFETC Board lhall bear financial liability for funds
administered under this agreement. I Distribution of uid liability
aha II be as specified In the Consortium Agreement entered Into by
the SFETC Board members.
C. The SFETC staff shall administer programs In accordance with all
applicable laws, regulations, policies, directives and as required by
the SFW Board:
1. Develop and manage an annual budget for all workforce
funds. Such budget Ihall be to a level of detail that
provides the SFETC Board and SFW Board Information
needed to guide their decisions.
2. Prepare and lubmlt to the SFW Board monthly financial
management reports detailing expenditures against
budget line-ltems.
3. Develop and employ an acceptable method of cost
allocation to ensure the various fund sources are property
charged their ahare of common COlts.
4. Receive and disburse funds.
5. Analyze financial reports and make recommendations to
the SFW Board for improvement.
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Inter1oc81 Agf'Hrnent
.. SFWB and SFETC
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6. Prepare and maintain property Inventoiy for SFW Board
and SFETC.
7. Prepare and submit to funding sources such reports as
may be required.
8. Negotiate contracts with entities selected by SFW Board
to provide youth, Intensive or training services.
8. Negotiate contracts with prcMders selected by the SFW
Board and 8FETC Board to aerve as One-Stop
Operators.
10.Manage contracts to ensure, provider understanding of
and compliance with contract provisions.
11. Procure and manage non-contracted goods and services
for both SFW Board staff and I SFETC 1t8ff.
12. Conduct compliance monitoring of all program activities.
13. Report findings as a result of compliance monitoring.
14. Coordinate with outside monitoring entities.
15. Procure and contract for an annual independent audit
a. In Its capacity as the Local Elected Official for
Region 23, the SFETC Board shall;
I. Establish the SFW Board Membership In
compliance with WIA and applicable State
law and local agreement
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i. Appoint memberS to the 8FW Board Inocompliance with requirements established
under WIA. State law and local agreement
Ii. Review and approve the 8FW Board WIA
annual plan and ~get.
Iv. Participate, with i the 8FW Board, In the
aelection of O~top Operators a. defined
under WIA.
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Inter10cal Agreement
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III. FUNCnONAL ORGANlZAnON
The functional organization charts Incorporated herein as exhibit A.
further clarify the Authorities and Responsibilities of the SFW Board
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and the SFETC Board.
IV. INDEPENDENCE OF TERMS UNDER THIS AGREEMENT
If any terms or provisions of this agreement are held to be Invalid, the
remainder of this agreement shall not be affected thereby.
V. AMENDMENT OF AGREEMENT
This document may be amended by the mutual agreement of the
parties hereto and said amendments must be executed with the same
formality as this Agreement
VI. WITHDRAWAL FROM AGREEMENT
Either party to this agreement ahall have the right to withdraw from this
Agreement at any time upon the following conditions:
A. That the party intending to withdraw shall provide written
notification of the intent to withdraw not later than ninety (90) days
from the end of the current fiscal year.
B. That the party Intending to withdraw shall not be released from any
financial or other obligations Incurred by that party during the then
current fiscal year or prior fiscal years during which this agreement
was in force.
VII. TERM OF AGREEMENT
The term of this Agreement shall commence on the first day of April,
2002 and ahall run through June 30, 2004 and thereafter ahaD be
renewed automatically every two years unless either party notifieS the
other of Its Intention not to renew ninety (90) days prior to the
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. 'Inter1Ocal AgrHrnent
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expiration of anyone fiscal year or this Agreement Is replaced by .
subsequent Interlocal Agreement
IN WITNESS WHEREOF, the parties have executed this Agreement at
Miami, Florida, the day and year first above written.
SIGNATURES
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Chair, So~h Florida Emplbyment and
Training Consortium
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FAE I .MAAINEWHi~;'or.
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