Trust Fund Release and Disbursal Agreement~00~'' ~ 718`
c7D1~- 9~q~9
TRtiST TIi~U RU:LP;ASF.
AND DISBURSAL AGRL;~M17EN'f
L Pariies
'I'bis "frost Fund Kelease And Disbursal Agreement {"pgrccment") is entered into by,
between, and among Miami-Dade County, 4tortroc County, the City of Miarni, the City of
llialeah, and the City of Miami Beach. the forntcr member jurisdictions of the South Florida
Bmployrttent and 'training Consottimn ("SFETC") and the State of Florida Agency for
~VOrkfnrce Innovation ("Agency").
II. Preamble
~. Whereas, on July 2, 2008 the former member jurisdiction of the South Florida
Employment and Training Consortium ("SFL'fC") entered into a tiettlement Agreement
with tht State of Florida Agency For W`orkforec Irrrrovation ("the Agency"), a copy of
which is attached hereto as Exhibit "A" and incurpur.+tul hen in by rcforcnce hereto; and
B. hl~hereas, the Agency has cettified ttutt the :agency has received ail of the sum of
$343,G88AU in disailowed costs pursuant to the aforesaid Scttlcrncnt Agreement by letter
dated October 21, 2008, a copy of which is auachcd hereto as T:xhibit "B" and
incorporated herein by rt:ference hereto; and
C. \4'heroa+s, the staff of former member jurisdiction :viiarru-Dade County has successfully
obtained repayment. of the disallowed costs associated «-ith Finding CF'20U~-6 from all
but one of the former sen ice providers of the SFF'TC, to ~+il, C'adwlic Charities of the.
Archdiocese of A~fiarni, Inc.. in the amount of $98,967.00; and
D. Wfiercas. the repaynent of the aforesaid disallo~~ed cnsts is the total sum of $305,077.50;
and
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li. \Vhereas, the staf7 of former member jurisdiction Miami-Dade County deposited the
aforesaid su m o1' 5305,077.50 in a special Miami-Dade County 't'rust 14tnd No.
G43'I'SFrfi430(l l;and
F. \Vhereas, this special Miami-Dade County Trust Fund No. G43'fSl'+'643001 has earned
interest in the amount of $10,816.87 as of July 20011; and
(i. Whereas, Iht: work of the sniff of former member jurisdiction Miami-Dada County to
obtain repayment of the disallowed costs has been volurriary and uncompensated by the
other four fanner member jurisdictions of the SFETC; and
H. \\'hereas, pursuant to 29 Codc of Federal Regulations 97.2(1), all interest eamcd on the
repayment amount of $305,077.50 is rcyuired to be: paid to the Agency; and
I. \~4'hereas, the Consortium :\greentent, effective July 1, 2004 artd cspiring on June 30,
2006 was silent conccming the allocation of the repayment amount of 5305,077.5(1
among the five former ntemher jurisdictions of the SFIi'I'C and stale and federal law vtd
regulations ore silent as well.
III. 'T'erms And Conditions
Now. Therefore, in consideration of the mutual promises, covenants, and obligatioru set
ft~rth below tmd for other good and valuable consideration as sU+ted herein, the parties hereto
agree as follows:
I . Alf of the rcprescntalions [md statements in the Preamble, I <tragraphs A. through
and including 1., herein, are true and correct. and all of same arc incorporated herein by rolcrcnce
hereto as if fully set forth herein.
2. Miami-Dade County shall and is hereby authorized and directed to rolcasc and
disburse the principal amount of $305,077.50 front Miami-Dade County Trust Fund No.
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643TSFf643001 in accordamce with the percentages for financial liability set forth in the
aforesaid Consortium Agreement not later shun forty-fivc (45) days alter the cffoctivc date of this
"['rust Fund Release And Disbursal Agreement as follows:
a. 42.2°ru to Miami-Dade County, to wit, $128,742.71;
b. 33.3% to the Cit}• of hfiami, to wit, $101,590.81;
c. 11.1°,% to the City of Hialeah, to wit, $33,863.60;
d. (i.7°/~ to Monroe Count}, to wit, $2Q440.19; and
e. 6.7°/n to the Cin• of Miami Beach, to w•it, $20,440.19.
.3. ht the event Utat any of the five former memhcr,jurisdictions of the SPICfC obtain
or receive rcpaymcnt of the sum of $48,967.00 from Catholic Charities of !hc Archdiocese of
fw9iarni, Ina, or any portion thereof; at any time, then the fanner member jurisdiction of the
SFF.TC obtaining or receiving such repayment, or any portion thereof. shall and is hereby
authorized and directed to release and disburse the aforesaid sum of $4!{ ~)(i7.00, or any portion
thereot; so obtained ar received, to the fivc former member jurisdictions of the SP!•°fC in
accordance with the percentages set forth in 2.a., h., c., d. and e. hereinabove, not later than sixty
(GO) days from the date of receipt of the repayment, or any portion thereof, by the former
member jurisdiction of the Sft~:l'C. htterest earned on the aforesaid sum, or on any portion
thucof, if any, shall be and is hereby authorized and directed to he released and disbursed by the
tixmer member jurisdiction of the SFETC to Ute State of Florida Agency for Workforce
Innovation not later [hart ninety (90) days fiom the date of receipt of the rcpaymcnt, or any
portion thereot; by the former memberjurisdiction ofthe SPL•''1'C.
4. Mi.uni-Dade County shall cmd is hereby authorized and directed to release and
disburse all of the interest earned on the principal sum of 5305,077.50 in fv9ianti-Dade County
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Trust Fund 1\0. (i43TSF/643001 nut later than ninety (90) days after the effective date of this
Trust fund Kelease And Disbursal Agreement to the Stale of Florida Agency for Vb'orkforce
Innovation.
5. The parties hereto stipulate and agree that this document reprex:nls [he entire
agreement by, between, and among the parties hereto cunecming this subject matter and that the
provisions contained herein may not. be modified without l}te express written consent of all of [he
parties hereto.
6. In the event ol• any litigation arising out of This Agreement, this Agreement shall
not be canstnted in favor of or against any parts by reason of the document's process or manner
01' preparation.
i. This Agreement shall be elYcctive on the date oC signature of the last signatory to
this :lgrcemenf ("affective Date"). to wit, the date that all of the parties hereto have executed
This Agreement. Facsimiles of signatures shall constitute, binding signatures for purposes of this
Agreement. This Agreement shall he signed in counter-part originals by each and all of the
parties hereto and each such counter-part orik~nal shall be deemed mi original for all purposes.
F.ach such counter-part original of each oC the parties hereto shall be executed b}• the dul}•
authorized officer of the respective party hereto.
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IN WI'!'NF.SS HEREOF,'1'HF: UULY AUTHORIZED REPRESF.NT.4TlVES
OF' THE PARTIES HERETO HAVF. F,XFCtiTED THIS .AGKEEMENT:
FORMER MP.MBF.R JL~RISDICT[ONS OF THE
SOU'I'I I FLORIDA EMPLOYMENT AND'I'RAINING CONSORTiLJbI
Miami-lladc Cnunh~
U:1TED: _ _ _ liY
)'riot Namc and 'title:
Approved as to loran and legal sufficiency by
County Atlomcv
Mnnrnc County
I'rinl Namc and'I'itle:
Approved as In form and legal sufficiency by
County Atlomcy _
Citv of Miami
DATED: BY:
Print Name :uid Tille:
Approved aS N tams mid Icgal suflciency by
City Attorney __
(SlCN.4TtiRF.S CONTINUE ON FOLLOWING PAGE)
Pate 5 0l 6
City of Hialeah
UA1~ED:
DA'fliD:
APPROVED /1s TO
FORM dr LANOUACiH
~ FOR,f~XECtJ7iON
~~ 'vii /L i~ ~ Ly ~~
C~ ~(~
IiY: _ __
Print dame and'fitle:
Approved as to form and legal sufficiency by
Oily Alwrney __ .. _.....
City of Miami Beach
IIY
Printl~amc and Title:
Matti Herrera Bower, Mayor
;lpproved as to font kegal "sufficiency by
City Atlotncvy"_"
y~
At est: ~ /~~ ~~
obert Pareher, City Clerk
I)A"fh:U: BY:
BARBARA K. GRIFFR<. DEPUTY DIRECTOR
Agency for Workforce Inno~~ation
:approved as to li~rm and legal sufficiency^
JAMES E. LANDSBGRG, ASSISTANT GENERAL COUNSEL
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