Consortium Agremeent
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 NW. 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:\PST\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;
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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
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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.
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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.
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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;
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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;
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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
partners/contractors, businesses and
and potential participants;
and marketing with
organizations, 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.
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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
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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
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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.
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/JAN, 3. 2005 3: 37PM SFETC_EXEC _01 RECTOR
Consortium Agreement-July 2004
~:O, 067
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THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
MIAMI-DADE COUNTY
WITNESSES:
~~DepUIYCle'k
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Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI
WITNESSES:
~4~.
~ Priscilla A. Thcrnpson City Clerk
BY
APPROVED AS TO INSURANCE
REQUIREMENTS:
APPROVED AS TO FORM AND
CORRECTNESS:
DANIA CARRILLO
RISK MANAGEMENT ADMINISTRATOR
j/f ~
BY:~~
~
13
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,
JAN, 3,2005 3:37PM
,/i'
SFETC EXEC, DIRECTOR
- -
NO, 067
p, 5
Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF HIALEAH
WITNESSES:
BY
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Mayorbu1 L. Martinez
~~\" ~~;~Cle'k
Approved .. to form lUld
logalllutnciency::;> fj
~~l-l." ri!~~e-L
WIlliam M. Grod Ck
CIty Attorney
(y-
FREOERICK H. MARINELl.;I\ OIRECTOR
DEPARTMENT OF GRANTS AND MUMAN SEfMC:E8
CIT't OF HIALEAH.
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Consortium Agreement-July 2004
THIS AGREEMENT IS ENTERED INTO ON BEHALF OF:
CITY OF MIAMI BEACH
ilZ:(f~~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
6-~:W
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JAN, 3. 2005 3: 37PM
SFETC_EXEC, _D [RECTOR" "
" '--:._~ NO, 067' "''':'p, F'~ ,
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
Deputy Clerk
BY ~(~
Mayor
~
See page 11 for Legal
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