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SFY 2004-2006 Jul 27 04 OB:44a MonroeCo Comm Services (305) 292-4417 p. 1 south florida WCQ)rrJk [))IrCC~ . Employ Florida June 9, 2004 Jim Malloch, Community Services Division Director & County Project Manager Monroe County Historic Gato Cigar Factory Building Suite 2-257 1100 Simonton Street Key West, FI33040 Dear Mr. Malloch: Attached is the bi-annual South Florida Employment and Training Consortium (SFETC) Agreement that was approved by the SFETC Board at the meeting of April 12, 2004. Please ask Mayor Murray Nelson to sign page 16 of the Agreement as well as the additional signature pages. The original signature pages should be returned to my office, and a fully executed Agreement will be forwarded to you upon completion. Please call Anne Glancy at (305) 594-7615, extension 258, to arrange for pick up of the pages. Thank you for your assistance in this matter. Sincerely, ~~~*tf~ ( Edith Humes~Newbold Executive Director South Florida Employment & Training Consortium c: Harriet Spivak, SFW Board Executive Director Peter S. Tell, SFETC Legal Counsel / enclosures 7300 Corporate Center Drive, Suite 500, Miami, Fl331Z6-IZ34 Telephone: (305) 594-7615 www.SoulhFloridaWorkforce.com Jul 27 04 09:3Sa MonroeCo Comm Services (305) 292-4417 p. 1 James E. Malloch, Division Director Community Servic:a Division The Historic Gaw Cigar Factory (Monroe County Ptablic Service Building) 1100 Simonton Street, Suite 2-256 Key West. Florida 33040 (305) 2924500 - PboDe (305) 2924417 - Fu '- BOARD OF COUNTY COMMISSIONERS - MAYOR Dixie M. SpGr. DiItric:t 1 _ UA YOR PRO TEM Murray Eo NeIsoa. Dislria 5 Ocurp Nougcm. Oistria 2 Cblries "SoaDy" Md:oy, Dislria 3 David P. R.ic;c.. D~ 4 O~~.!'~~E (:IIIIll2iM4l41 FACSIMILE TRANSMISSION TO: DA TE: "\ \ d\ \ V '-f y~ ~.~~ FAX: 30&3 FROM: JIM MALLOCH. DMSION DIRECTOR. COMMUNITY SERVICES DIVISION TELEPHONE - (305\ 292-4500 / FAX - (305\ 292-4417 LOCATION: 1100 SIMONTON STREET, SUITE 2-256 KEY WEST, FL 33040 Number of pages including cover: .:s Please confirm receipt of fax with telephone caD if checked Original Document wiD be sent by COURIER: Original Document will be MAILED: Original Document will be OVERNIGBTED: COMMENTS: ~~I . . (]v, O.lt ~. -t ~ (' f/\.J..-.U\- .J2.e~ ~ l-f fl-W'\- ~ Cl 0., -r LVih- ~~. ~ I . J..p Cuwlrnt___ Q.~^ (}o... h. -x--; -rr, Fg-T~' Jul 27 04 09:36a Monro@Co Comm S@rvic@s JUL. 27, 2004 10:22AM SFErC_EXEC. _DIRECTOR (305) 292-4417 NO, 562 p, p.2 south flor~~a W (Q)1fm:. to) rrccce . ... ..- -.."..-.-, . rnembu' Employ Florida FAX TRANSMITTAL TO: Jim Malloch, Community Services Division Director & County Project Manager Monroe County Historic Gato Cigar Factory Building, Suite 2-257 1100 Simonton Street Key West, F' 33040 1 (305) 292-4417 1 (305) 292-4500 FAX: PHONE: FROM: Anne Glancy DATE: July 27, 2004 Copy of Cover Memo From Pamela G. Hancock, Deputy Clerk- SUBJECT: June 29, 2004 As you requested. Please let me know if you have any questions. NUMBER OF PAGES TRANSMITTED INCLUDING COVER SHEET 2 7300 Corporllle Center Ortv.:, 5th Floor. Miami, ~Iorida 3312611 TlIlllphO(\e: (305) 594-7615 www.50U1hftoridaworkforce.com Jul 27 04 09:37a MonroeCo Comm Services JUl. 27. 2004 10:23AM SFETC EXEC._DIRECTOR (305) 292-4417 NO, 562 P. 2 p.3 DANNY L KOLHAGE . CLERK OF THE ORCUlT COURT DATE: June 29, 2004 TO.. JamBS Malloch, Director Co"""""ity Services .41TN: Sandy Mo/ma, A.ssistant to the Division Director Pamela G. H("M~ Deputy Clerk-r:y FROM: AI the June 16, 2004, Board of County Commissioner's meetin8 the Board granted approval and autborized execution of a Consortium Agreement between the South Florida Employment and Training Consortium (SFETC) and Monroe County, 'Miami-Dade County, the City of Miami, the City of Hialeah, and the City of Miami Beach. Bnclosed are six duplicate originals, executed on behalf of Monroe County, for your IwtdlinS. Please be lure to return the ruBy executed "Monroe Co.-aly Clerk'. Oft'ice OrigiDalt' ud the t'Moarue COUDty Fiuance Department's Oriaiaal" a. 50GB .. poaible. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o document Finance w/o document County Attorney File ~---- . so~th florida W (G)Ir Jk (O)IrCC ce Employ Florida August 3, 2004 Mr. Danny L. Kolhage Clerk of the Circuit Court Key West Courthouse P.O. Box 1980 500 Whitehead Street Key West, FI 33040 CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Mr. Kolhage: I am returning the original of the South Florida Employment and Training Consortium and Monroe County Agreement to you and hereby request that you supply me with four certified copies of the signed Consortium Agreement. Please send the requested certified copies to the attention of Anne Glancy, South Florida Workforce, 7300 NW 19 Street, Suite 500, Miami, FL 33126, via certified mail. Thanking you in advance for you cooperation in this matter. Yours very truly, ~~-~ Edith Humes-Newbold . Executive Director, SFETC 7300 Corporate Center Drive, Suite 500, Miami, FL 33126.1234 Telephone: (305) 594-7615 www.SouthFloridaWorkforce.com Monroe County Clerk's Office Danny L. Kolhage, Clerk PO Box 1980 Key West FL 33041-1980 August 19, 2004 South Florida Workforce Edith Humes-Newbold 7300 Corporate Center Drive, Suite 500 Miami FL 33126-1234 Dear Ms. Humes-Newbold, In response to your letter dated August 3, 2004, I cannot supply you with certified copies of a document that is not fully executed. You were originally supplied with six duplicate originals so that once the other agencies signed their six duplicate originals you could insert those pages within our "Monroe County Clerk's Office Original" and our "Monroe County Finance Department's Original". Our office will forward you the six duplicate originals back for final execution by the other parties. Once we receive a fully executed original we will be happy to certify a copy for you or as you mentioned in a previous e-mail we will record the document here in Monroe County. We will forward the originals back to the address listed on your letter. Sincerely, Danny L. Kolhage, Clerk of the Circuit Court by: Pamela Hancock, D. C. ~-~ gllr Return R',ci (Endorseme,'t R. CJ Restricted De Iv. I "d,' ~ (Endorsement ae I, ," I -=-:"-J~__, r"I Total Postago 8 ' es .D) -,2 CJ CO .::r I"'- GErti .::r Sent To g ~J.1_Il~__Ql~p.c.: y~ ---~---n.C?E;i,g_?.__WQE~fQE~~_______. I"'- ",treet, Apt. No.; !~~~-~-) ~ ~h..~J~e.-~-!=L._~~J_t~__2.Q_Q_.__________. gt'.fM~ Zfi4 33126 'II IlUll.11 - .-..,~---._- See Reverse for Instr !! !! · Complete items 1, 2, and 3. Also Complete Item 4 if Restricted Delivery is deSired. · Print your name and address on the reverse so that We can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: Anne Glancy South Florida Workforce 7300 NW 19th Street, Suite 500 Miami FL 33126 2. Article Number (Transfer from service label) D. Is delivery address different from item If YES, enter delivery address belo : 3. Service Type XQc::ertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for MerchandIse o C.O.D. 4. Restricted Delivery? (Extra Fee) PS Form 3811, February 2004 Domestic Return Receipt 7004 11bo 0007 1974 7480 -=:- DYes CONSORTIUM AGREEMENT THIS AGREEMENT, made and entered into this 1 st 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, f"...:I <= :x: C::' c::;:) A municipal corporation ~ " ~ the State of Florida. 2'=' !:ti 1700 Convention Center~riye Miami Beach, FL 33139 2'-':-~~ ..... ;r..'c.. z- -l co; ,_. ::!: A political subdivision of ~:-,~; _ the State of Florida. ~ rn 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 J:\PSn268 -'1 .- P1 C:l -., o ::0 ::;':"J p, c; ~ j , J '__J 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 Consortium, 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, 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. I. 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. o. 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 Board; x. Engage and pay the costs of the independent auditors annually designated by the SFW Board and SFETC Board; xi. 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 30, 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 otherwise 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. 11 MONROE COUNTY ATTORNEY ~n:w:-- JOHN R. COLLINS COUNT%TTORNEY Date (J())/~( r Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MIAMI-DADE COUNTY WITNESSES: BY County Manager Deputy Clerk 12 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIAMI WITNESSES: BY City Manager City Clerk 13 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF HIALEAH WITNESSES: BY Mayor City Clerk 14 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIAMI BEACH ATTEST: BY Mayor 15 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MONROE COUNTY A POLITICAL SU BDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS Clerk Bvh (~ Mayor .~ Deputy Clerk See page 11 for Legal 16 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, A municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach, FL 33139 Monroe County, A political subdivision of the State of Florida. Courthouse 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 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 J.\PST1268 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 Consortium, 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, 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. I. 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; III. 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. o. 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 Board; x. Engage and pay the costs of the independent auditors annually designated by the SFW Board and SFETC Board; XI. 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 30, 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 otherwise 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. 11 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MIAMI-DADE COUNTY ~~DeputYClerk nager WITNESSES: 12 STATE OF FLORIDA ) ) SS: ) COUNTY OF MIAMI-DADE I, HARVEY RUVIN, Clerk of the Circuit Court in and for Miami-Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of agreement between MDC and South Florida Employment & Training Consortium, agreement made June 1st, 2004 as appears ofrecord. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 2nd day of August ,2003. HARVEY RUVIN, Clerk Board of County Commissioners Miami-Dade County, Florida Seal BY~~ erl( Board of County Commissioners Miami-Dade County, Florida CONSORTIUM AGREEMENT THIS AGREEMENT, made and entered into this 1 st 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, A municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach, FL 33139 Monroe County, A political subdivision of the State of Florida. Courthouse 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 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 inl- thE;A.lOOt. :C.1 ~f.~.;'~~~0~!flCieh. t Or~6.ndJ. '.w ..." -, . +,,..<, I ~ ~v ( ) WITNESS illj and Ofllci;:tl ! 1 I crrl{ ()ft' ',' ': r:~.;. ~' \ manner; and J:\PST\268 , .. , , " If 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 Consortium, 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 4ind to perform the duties and responsibilities required of a "grant recipient" by WIA. 5 , 0 " Consortium Agreement-July 2004 k. To designate South Florida Workforce (hereinafter referred to as "SFW") as the "Administrative Entity" for all WIA, TANF, 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. I. 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; iii. 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 (inoluding award of contracts to Youth Providers based upon tecommendations of the Youth Council) and award of contracts for intensive services; 6 , ,I, 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. o. 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 , , I. . #' 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 Board; x. Engage and pay the costs of the independent auditors annually designated by the SFW Board and SFETC Board; xi. 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 30, 2006. This Agreement may be renewed by the affirmative vote of the governing bodies of each and all of the member jurisdictions. 8 . " ,l, 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 otherwise 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. 11 I ~.J, " . Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MIAMI-DADE COUNTY WITNESSES: BY County Manager Deputy Clerk 12 " . -' Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: WITNESSES: City Clerk CITY OF MIAMI BY City Manager 13 " . , .1 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: WITNESSES: ~~\: ~=Gi~Clerk Approved .. to form and legal auftIcIency:;) f} "7</~--.f.-x..: c-L WlIItam M. G CIty Attorney CITY OF HIALEAH BY \~~~ Mayor Raul L. Martinez (y~ FREDERICK H. MAR/NEUJtl?fRECTOR DePARTMENT OF GRANTS AND nuMAN SEfMCEI CITY OF H'ALEAtt 14 , _J ,. J . Consortium Agreement-July 2004 ATTEST: THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIAMI BEACH BY Mayor 15 ,. " . , " . Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MONROE COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS WITNESSES: BY Mayor Deputy Clerk 16 RESOLUTION NO. 2004-25610 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSORTIUM AGREEMENT WITH MIAMI DADE COUNTY, MONROE COUNTY, THE CITY OF MIAMI, AND THE CITY OF HIALEAH FOR THE PURPOSE OF CONTINUING TO CONDUCT PROGRAMS UNDER THE SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM; SAID AGREEMENT EFFECTIVE RETROACTIVELY, AS OF JULY 1, 2004, AND EXPIRING ON JUNE 30, 2006, OR WHEN RE-ENACTED BY THE CONSORTIUM MEMBERSHIP, WHICHEVER OCCURS FIRST. WHEREAS, the City is a member of the South Florida Employment and Training Consortium (Consortium) and is a party, along with Miami-Dade County, the City of Miami, the City of Hialeah and Monroe County, to a Consortium Agreement (Consortium Agreement); and WHEREAS, the 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, and which provides employment and training opportunities for the economically disadvantaged, unemployed, underemployed or otherwise meeting the eligibility criteria of any program operated under the Agreement and to assure universal access to training resources for the population of the two-county area; and WHEREAS, the City renewed the Consortium Agreement on July 1, 2000, designating the City Manager as official representative to said Consortium; and WHEREAS, this Consortium has caused to be created a Regional Workforce Board in accordance with the Workforce Investment Act of 1998 and the State of Florida Workforce Innovation Act of 2000 to be known as the South Florida Workforce, which is a separate entity whose members shall be appointed by the Consortium's member local governmental jurisdictions, of which the City has been allocated three (3) seats; and WHEREAS, the execution of the attached Consortium Agreement is to implement and operate an intergovernmental liaison office, and is herein recommended by the Administration; and WHEREAS, this Consortium Agreement shall be effective retroactively, from July 1, 2004, and shall expire on June 30, 2006, or when re-enacted by the membership, 1, 2004, and shall expire on June 30, 2006, or when re-enacted by the membership, whichever first occurs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are authorized to execute the attached Consortium Agreement with Miami Dade County, Monroe County, the City of Miami, and the City of Hialeah for the purpose of continuing to conduct programs under the South Florida Employment and Training Consortium; said Agreement effective retroactively, as of July 1,2004, and expiring on June 30, 2006, or when re-enacted by the Consortium membership, whichever occurs first. PASSED and ADOPTED this 7th day of July , 2004. ATTEST: kwo P ({,td.iA.- CITY CLERK T:\AGENDA\2004\JuI0704\Consent\SFETC Agreement 04_06 res.doc STATE OF FLORIDA. COUNTY OF DADE: r; .RO.BERT PARCHER, City Clerk of City of MIamI Beach, Florida, do h0reby certify that the above! and foregoing is a true and correct c()Py oi the original thereof on file in this Orilce. ~ITNESS my hand and th9 seal of said Ci~y thiS day cf A.D. 20 APPROVED AS TO FORM & L.i\r'~GUAG'= & FOR EXECUTIO.\j R08ERT PARCHER ~"f ~~ fl;~' Rodda By.. Dej.iJIY f ... 6~2-<)-oy DaLe 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, A municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach, FL 33139 Monroe County, A political subdivision of the State of Florida. Courthouse 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 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 J:\PST1268 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 Consortium, 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, fu~ds, 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, TANF, 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. I. 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. S.election, 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; iii. Selectio~, designation, or !.ermination 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. o. 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 Board; x. Engage and pay the costs of the independent auditors annually designated by the SFW Board and SFETC Board; xi. 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, US DOL, 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 30, 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 V\li~hdraw 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 otherwise 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. 11 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MIAMI-DADE COUNTY WITNESSES: BY County Manager Deputy Clerk 12 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIAMI WITNESSES: BY City Manager City Clerk 13 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF HIALEAH WITNESSES: BY Mayor City Clerk 14 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIAMI BEACH Robert Parcher rz;zST: () . . It{ r r ((,t,(dUA.- Mayor David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION STATE OF FLORIDA "\ COUNTY OF DADE:, I, ROBERT PARCHER, City Clerk of City of Miami Ei<:3cll, Florida, do hereby certify that the above and foregoing is a true and correct copy of the origlnoSil ihereof on file in this office. ~ITNESS my hand and the~'3cJ of said City this d.c:.y of h.G. 20 ROBERT P,l~RCY[9 City Clerl< C>1 Ihe Ci,y I,,)t t"ii~;r;,1 ' ';''',') r--'~';""'" ~ F. .........w. .~....... Sy: ~ 15 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: MONROE COUNTY A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS WITNESSES: BY Mayor Deputy Clerk 16 COUNTY ATTORNEY MIAMI-DADE COUNTY, FLORIDA 111 N.W. 1 ST STREET MIAMI, FLORIDA 33128-1993 TEL. (305) 375-5151 FAX (305) 375-5634 January 31, 2005 BY CERTIFIED MAIL RETURN RECEIPT NO. 7001 2510 0005 6909 1286 Honorable Danny L. Kolhage Clerk, Circuit and County Courts of The 16th Judicial Circuit In and For Monroe County, Florida Monroe County Courthouse 500 Whitehead Street Keywest, Florida 33040 Re: Filing in the Records of the Clerk of the Circuit Court Pursuant to Sec. 163.01 (11), Fla. Stat. - Consortium Agreement Dated July 1, 2004 - South Florida Employment and Training Consortium Dear Mr. Kolhage: Pursuant to Section 163.01 (11), Fla. Stat., the South Florida Employment and Training Consortium has already filed with the Clerk of the Circuit Court of the Sixteenth Judicial Circuit In and For Monroe County the Consortium Agreement Dated July 1,2004 on September 15, 2004 by US Mail. This Consortium Agreement was executed in four counter-parts by the authorized governmental officials of Miami-Dade County, Monroe County, the City of Hialeah and the City of Miami Beach. The City of Miami did not execute this Consortium Agreement until January 14,2005. I have enclosed herewith for filing with the Clerk of the Circuit Court the following: 1. One duplicate original of the aforesaid Consortium Agreement executed by the City of Miami. PST/crw Enclosures CONSORTIUM AGREEMENT THIS AGREEMENT, made and entered into this 1 st 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, A municipal corporation of the State of Florida. 1700 Convention Center Drive Miami Beach, FL 33139 Monroe County, A political subdivision of the State of Florida. Courthouse 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 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 flPS T\268 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 Consortium, 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, TANF, 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. I. 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; III. 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. o. 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 Board; x. Engage and pay the costs of the independent auditors annually designated by the SFW Board and SFETC Board; XI. 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 30, 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 otherwise 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. 11 Consortium Agreement-July 2004 THIS AGREEMENT IS ENTERED INTO ON BEHALF OF: CITY OF MIAMI City Clerk . ~~ ~ G\~ At\~ ~~ {. rL~ Qs i<- ~J- .4ti.J.~~, WITNESSES: 13 COUNTY ATTORNEY MIAMI-DADE COUNTY, FLORIDA May 5, 2008 111 N.W.1 ST., SUITE 2810 MIAMI, FLORIDA 33128-1993 TEL. (305) 375-5151 FAX (305) 375-5634 VIA FEDERAL EXPRESS WITH RECEIPT REQUESTED Honorable Danny L. Kolhage Clerk, Circuit and County Courts Of the 16th Judicial Circuit In and For Monroe County, Florida Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 ..,. o r.:J 2:: ::> gr;~~~; i-~:~:-- -.I~ . .../ ", ~ ";-'"1 , j-- C:! >~ 1', Re: Filing in the Records ofthe Clerk of the Circuit Court Pursuant . To Section 163.01 (11), Florida Statutes - Amendment to Interlocal Agreement Creating the South Florida Workforce Investment Board for Region 23 of the State of Florida Dear Mr. Kolhage: Pursuant to Section 163.01 (11), Florida Statutes, the undersigned hereby files with the Clerk of the Circuit Court of the 16th Judicial Circuit In and For Monroe County, Florida, the enclosed Amendment to Interlocal Agreement Creating the South Florida Workforce Investment Board for Region 23 of the State of Florida, to wit, a certified copy of the original executed by both the Mayor of Miami-Dade County and the Mayor of Monroe County. IYSUbml~ eter S. Tell Assistant Miami-Dade County Attorney PST/crw Enclosures cc: Roderick "Rick" Beasley (with enclosure) Executive Director, South Florida Workforce Investment Board Deb Barsell, Project Manager, Office of the County Administrator, Monroe County (with enclosure) ~ = "'" ~ -< I -.j ";1 ~ :::? ..... , N " ./:"' 0'1 :: ~J Miami-Dade County's Original AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR REGION 23 OF THE STATE OF FLORIDA This Amendment to Interlocal Agreement is made and entered into by and between the Chief Elected Official of Miami-Dade County, a political subdivision of the State of Florida, and the Chief Elected Official of Monroe County, a political subdivision of the State of Florida, pursuant to the Florida InterIocal Cooperation Act, the Miami-Dade County Home Rule Charter, and applicable federal and state laws and regulations. In consideration of the covenants, conditions, mutual obligations and other good and valuable consideration, the parties hereto agree as follows: 1. Paragraph No. 6 of the Interlocal Agreement Creating The South Florida Workforce Investment Board For Region 23 of the State of Florida is hereby amended to read as follows: 6. This Interlocal Agreement shall become effective on March 1, 2006, after its execution by the Chief Elected Officials of Miami-Dade County and Monroe County and shall expire on June 30, 2012. Both Chief Elected Officials have been duly authorized by their respective governing bodies, the Board of County Commissioners of Miami-Dade County and the Board of County Commissioners of Monroe County, to execute this Interlocal Agreement for and on behalf of Miami-Dade County and Monroe County, respectively. C\WF"J'SH417fDOC THIS AMENDMENT TO INTERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF: ('',If]'',PSJ'vi!7 ]DOC Deputy Clerk 2 MIAMI-DADE COUNTY BY~~ Mayor 4/7-L/7-eJcJj- Date THIS AMENDMENT TO INTERLOCAL AGREEMENT IS ENTERED INTO ON BEHALF OF: MONROE COUNTY BY qy", FEB 2 0 2008 Date -', MOl)li'lbE COUNTY AT~~;)'" " ' . t:Z~D AS 1: ~~LJ...Gf'::/U~ , . OJ '1' !\[H:I 2 /0'" PEDR '...., ""'1i;I;"''f f '_1I '5 ASSISTANT CO <>" . ... . Oate "~~,, C 'WP\I'SH417 lDex' 3 STATE OF FLORIDA ) ) ) SS: COUNTY OF MIAMI-DADE I, HARVEY RUVIN, Clerk of the Circuit Court in and for Miami-Dade County, Florida and Ex-Officio Clerk of the Board of County Commissioners of Said County, Do Hereby Certify that the above and foregoing is a true and correct copy of the "Amendment to the Interlocal Agreement with Monroe County Creating the South Florida Workforce Investment Board for Region 23 of the State of Florida" approved by the Board of County Commissioners at its meeting of February 19,2008, as Appears of Record. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on This 22nd_day of April, A.D. 2008. HARVEY RUVIN, Clerk Board of County Commissioners Dade County, Florida B~~ Deputy Clerk Board of County Commissioners Miami-Dade County, Florida