Consortium Agreement
Revised 6/10/02
CONSORTIUM AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July 2002
by and among:
Miami Dade County,
A political subdivision of
the State of Florida.
111 N. W. First Street
Miami, FL 33128
The City of Miami,
A municipal corporation of
the State of Florida.
3500 Pan American Drive
Miami, FL 33133
The City of Hialeah,
A municipal corporation of
the State of Florida.
501 Palm Avenue
Hialeah, FL 33011
The City of Miami Beach,
A municipal corporation of
the State of Florida.
1700 Convention Center Drive
Miami Beach, Florida 33139
Monroe County,
A political subdivision of
the State of Florida.
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 assure universal access to training resources for the population of
the two-county area and to assure that training and other services are organized and
delivered in the most effective and efficient manner; and
WHEREAS, Miami-Dade County, the City of Miami, the City of Hialeah, the City of
Miami Beach, and Monroe County are located in reasonable proximity to each other; and
have entered into an agreement creating the South Florida Employment and Training
Consortium; and
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Consortium Agreement-July 2002
WHEREAS, all of Miami-Dade and Monroe Counties can be effectively served by
a Consortium of the type created by this Agreement; and
WHEREAS, the signatories to this Agreement believe that as a Consortium they
can plan and operate a workforce development program so as to obtain administrative
and programmatic advantages; and
WHEREAS, it is the feeling of the parties hereto that the interests of the
community would be better served by the South Florida Employment and Training
Consortium herein referred to as SFETC or Consortium, continuing to provide for the
funding, review, evaluation, and coordination of programs in the Miami-Dade and Monroe
Counties area, and to provide for the coordination of related ancillary workforce
development services; and
WHEREAS, the Florida Interlocal Cooperation Act of 1969, Section 163.01 et seq.,
Florida Statutes 1977 and the Miami-Dade County Home Rule Charter provide a method
for governmental entities to join together in order to perform programs of the type
intended;
NOW, THEREFORE, in consideration of the covenants, conditions, and premises
herein set forth, the parties agree as follows:
1. That the parties hereto do all mutually and individually agree to continue
with each other the entity known as the South Florida Employment and
Training Consortium.
2. That a purpose of this Consortium is to continue to conduct programs on an
area-wide basis under the Workforce Investment Act of 1998 as amended
from time to time, (herein referred to as the Act) and under the Jobs and
Education Partnership process.
3. That this Agreement shall be approved by the affirmative vote of the
legislative body of each jurisdiction (Le., the City Commission of the City of
Miami, the City Council of the City of Hialeah, the City Commission of the
City of Miami Beach, the Boards of County Commissioners of Miami-Dade
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Consortium Agreement-July 2002
and Monroe Counties), and shall supplant the existing Agreement executed
in 2000.
4. That the representatives to the Consortium from each member local
government shall be the chief elected official or if the chief elected official is
unable or unwilling to represent the member jurisdiction in said capacity, the
chief elected official may appoint another elected official or in the
alternative, the chief non-elected/appointed official or the assistant chief,
non-elected/appointed official shall represent the member jurisdiction. The
members of the Consortium shall elect a chairperson to serve for a term of
2 years or until the chairperson resigns, which ever first occurs.
5. The Consortium hereby formed shall have the following authority and
responsibilities:
a. To receive all grants, funds, allocations, and any and all forms of
revenue based on, or pursuant to the Act and to the Jobs and Education
Partnership process; to receive grants, gifts, or other resources from any
agency or agencies of the United States Government, and/or the State
of Florida or other sources.
b. To employ, supervise and evaluate staff sufficient to carry out its
responsibilities as administrative entity and grant recipient of workforce
development funds awarded to Region 23.
c. To enter into contracts or agreements with any corporation, municipality,
or any other legal entity, public or private, or any other person or
persons for the performance of such services as may be required by the
terms of any grant, contract, or agreement entered into, or with, any
agency or agencies of the government of the State of Florida and/or the
United States, or any other organization selected by the South Florida
Workforce Board. To contract with the South Florida Workforce Board
as per the Interlocal Agreement attached hereto and made a part
hereof.
d. To promulgate, by four (4) affirmative votes of its members, such
policies, and to amend such policies as necessary for the conduct of its
business.
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Consortium Agreement-July 2002
e. To expend funds for both planning and administrative purposes as
deemed necessary for the conduct of its business.
f. To implement, coordinate, review and evaluate programs; and to fund,
monitor and audit projects which have been approved by the
Consortium and the South Florida Workforce Board.
g. To consult and retain experts and purchase or lease or otherwise
provide for such services, supplies, materials, equipment and facilities,
as it deems necessary.
h. To appoint and remove an Executive Director who shall serve at the will
of the majority of the Consortium members and the Chairman of the
South Florida Workforce Board. Said Director shall employ directly or
through contract with a member jurisdiction appropriate staff personnel
who will comprise the Office of the South Florida Employment and
Training Consortium. The staff will be hired pursuant to Miami-Dade
County Employment Policies and Procedures and subject to the Miami-
Dade County employee merit system.
i. To provide for an annual audit of the Office of the South Florida
Employment and Training Consortium by an independent auditor.
j. To provide either directly or through contract for legal service.
k. To contract with the South Florida Workforce Board as per the Interlocal
Agreement attached hereto and made a part hereof. (Exhibit A.)
I. To analyze financial reports and make recommendations to the South
Florida Workforce Board for improvement.
m. The South Florida Workforce Board shall submit, ratify or amend local
plans as required by funding entities and submit them to the Consortium
for the approval of the Local Elected Officials. Such planning shall
incorporate the negotiation of local performance standards as defined in
WIA.
n. The South Florida Workforce Board shall designate or certify One-Stop
Operators and may terminate for cause the eligibility of such operators.
Any designation, certification or termination of a One-Stop Operator
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Consortium Agreement-July 2002
shall be submitted to the Consortium for the approval of the Local
Elected Officials.
6. That this Agreement shall be effective, upon its proper execution by the
designated officer of each member jurisdiction's legislative body of Miami-Dade
County, the City of Hialeah, the City of Miami Beach, the City of Miami, and
Monroe County, from July 1, 2002 and shall expire on June 30, 2004 or when
re-enacted by the membership which ever first occurs. This Agreement may
be renewed by the affirmative vote of the legislative body of each member
jurisdiction.
7. That the South Florida Employment and Training Consortium staff shall
perform the following and other duties as delegated by the Consortium in
consert with the South Florida Workforce Board:
a. To prepare an annual budget for the operation of programs and
projects. The budget for funds received under the Act shall be approved
by the Consortium and the South Florida Workforce Board~ which will
function as a regional workforce development board/workforce
investment board in compliance with all Workforce Investment Act
requirements.
b. To maintain a financial accounting system to account for and report on
all funds received and expended. Such report shall be made not less
than quarterly to the Consortium and parties hereto.
c. To monitor, evaluate, manage, audit and provide technical assistance
and advice to the parties hereto and to all others, organizations, or
governmental units as may be required by Federal or State Regulations
or the Consortium.
d. To prepare appropriate reports for each member jurisdiction as required
by the Consortium or the South Florida Workforce Board members.
8. That the Consortium has caused to be created a regional workforce board in
accordance with the Act. This council, to be known as the South Florida
Workforce Board, is a separate entity whose members shall be appointed by
the Consortium's member local governmental jurisdictions according to a
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Consortium Agreement-July 2002
formula for apportioning appointments that shall be agreed to by the South
Florida Workforce Board and the Members of the Consortium, and revised from
time to time by agreement of the South Florida Workforce Board and the South
Florida Employment and Training Consortium, and which shall be in
compliance with all federal and State requirements for representation on the
South Florida Workforce Board:
In its capacity as the Local Elected Official for Region 23, the SFETC Board
shall:
a. Establish the SFWB membership in compliance with WIA and applicable
State law and focal agreement.
b. Appoint members to the SFWB in compliance with requirements
established under WfA, State law and local agreement.
c. Review and approve the SFWB WIA annual plan and budget.
d. Participate, with the SFWB, in the selection of One-Stop Operators as
defined under WIA.
9. That this Agreement may be amended from time to time, or cancelled, upon
the affirmative vote of each legislative body, (Le., the City Commission of the
City of Miami, the City Council of the City of Hialeah, the City Commission of
the City of Miami Beach, the Boards of County Commissioners of Miami Dade
and Monroe Counties), of the parties hereto.
10. That during the term of the Agreement any party hereto shall have the right to
withdraw from this Agreement upon the following conditions:
a. That the Consortium by and through its Executive Director shall have
received written notice of the party's intent to withdraw no later than
ninety (gO) days before the end of the then current Workforce
Investment Act program year.
b. That the withdrawing party shall not be released from any financial or
any other obligations incurred by that party during the then current or
prior program years.
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Consortium Agreement-July 2002
11. That majority of the Consortium shall constitute a quorum. Action of the
Consortium shall be valid and binding when adopted at a public meeting by at
least a majority of Affirmative votes by those present unless otherwise provided
in this agreement.
12. That each member jurisdiction of the Consortium agrees to contribute to
SFETC liability incurred under this agreement as follows:
a. No liability will be paid by member jurisdictions unless ordered by court
or other controlling body or unless otherwise agreed. The majority vote
necessary to approve payment of a claim must include the vote of either
the City of Miami or Miami-Dade County to take effect.
b. Costs disallowed from contracts with Consortium Members will be paid
by the Consortium Member involved.
c. Costs disallowed from contracts with Service Providers or from staff
errors will be paid as follows:
Miami Dade County
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 enters into this Consortium, liability
to said new political jurisdiction will be prorated proportionately according to the
distribution of appointments by the jurisdictions which then comprise the
Consortium and each jurisdiction's number of appointments to the SFWB.
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JAN, 3,2005 5: 26PM
Consortium Agreement-July 2002
SFETC_EXEC, _D I RECTOR
WITNESSES:
NO, 073
p, 2
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
. ~
~ -
Deputy Clerk
MIAMI DADE COUNTY
B~
Steve Shiver, County Manager
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'M. 3 LC05 5: 27PM
Consortium Agreement~July 2002
~"ETC "XEC nTo~rTnD
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THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI
z:s
L "C.-/"l l'0-d", c' BY
j '. /' -+J.. 5 ~
1::/' j YI Jri / Ie.. ('./ ' 1/7oJ'Y'f'Clty Clerk
APPROVED AS TO FORM AND CORRECTNESS:
10, City Attorney KRM
9
APPROVED AS TO
BY;
s:
JAN, 3. 2005 5: 27PM
SFETC_EXEC, _0 I RECTOR
rw, 073
p, 4
Consortium Agreement-July 2002
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF HIALEAH
WITNESSES:
"S~~ 1~/r:Ol-
~~ ~ ~io/Clern
BY
Raul L. Martinez, Mayor
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Consortium Agreement-July 2002
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI BEACH
_lWlw,~ p Ovt [~
Robert Parcher. City Clerk
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
. :l /'7
~~;~ /~L
11
JAN, 3. 2005 5: 27PM
SFETC_EXEC, _DIRECTOR
NO, 073
p 6
Consortium Agreement-July 2002
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
MONROE COUNTY
A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA BY ITS BOARD
OF COUNTY COMMISSIONERS
Deputy CJerk
~
Charles McC'oy,
Mayor
BY
r'JATE ._
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