Settlement AgreementSETTLEMENT AGREEMENT
I. PARTIES
This Settlement Agreement ("Agreement") is entered into by, between, and among
Miami-Dade County, Monroe County, the City of Miami, the City of Hialeah, and the City of
Miami Beach, former member jurisdictions of the South Florida Employment and Training
Consortium ("SFETC") and the State of Florida Agency for Workforce Innovation ("the
Agency").
II. PREAMBLE
A. WHEREAS, Miami-Dade County, Monroe County, the City of Miami, the City
of Hialeah, and the City of Miami Beach entered into a Consortium Agreement effective
July 1, 2004 and expiring on June 30, 2006; and
B. WHEREAS, the aforesaid Consortium Agreement created the South Florida
Employment and Training Consortium ("SFETC"); and
C. WHEREAS, the Chief Elected Officials of the aforesaid former member
jurisdictions of the SFETC served as the Chief Elected Officials for Region 23 of the State
of Florida pursuant to the federal Workforce Investment Act of 1998 and state law; and
D. WHEREAS, Paragraph 11 of the aforesaid Consortium Agreement states:
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 govemment 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 by
SFW staff errors shall be paid by and shall be
the financial liability of:
Miami-Dade County 42.2%
Miami, City of 33.3%
Hialeah, City of 11.1
Miami Beach, City of 6.7%
Monroe County 6.7%
TOTAL 100%
and
E. WHEREAS, the Agency, a superior state governmental entity, sent a
Management Decision to the South Florida Workforce Board dated September 27, 2006,
pertaining to an audit of federal funds awarded through the Agency for the Year Ended
June 30, 2005, which states in pertinent part: "AWI has established a debt for the
disallowed costs associated with Finding CF 2005-6 in the amount of $651,282. This debt
must be repaid to AWI using anon-Federal funding source. We request that this payment
is made by December 31, 2006."; and
F. WHEREAS, Finding CF 2005-6 found unjustified prepaid transportation costs
in the amount of $651,282.00 for three programs: U.S. Department of Labor, passed
through the Agency, WIA Cluster; U.S. Department of Health and Human Services, passed
through the Agency, Temporary Assistance for Needy Families; U.S. Department of Health
and Human Services, passed through the Florida Department of Children and Families,
Refugee and Entrant Assistance Program; and
G. WHEREAS, the Agency determined that under OMB CircularA-133 Allowable
Costs/Cost Principles, costs must be documented in accordance with OMB Circular A-102
Common Rule for State, Local, and Indian Tribal Governments to a point where costs can
be determined to be allowable or not; and
H. WHEREAS, Section 29 U.S.C.A. 2832(3)(B)(i)(I) provides that the Chief
Elected Official(s) shall serve as the local grant recipient and shall be liable for any misuse
of the federal grant funds; and
I. WHEREAS, 20 CFR Section 667.705 provides that the grant recipient is
responsible for alt federal funds under its grant(s) and that the political jurisdiction(s) of the
Chief Elected Official(s) is liable for any misuse of the grant funds allocated to the local
area; and
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J. WHEREAS, the aforesaid former member jurisdictions of the SFETC have
provided to the Agency additional documentation related to the disallowed costs, and the
Agency has reviewed this documentation and determined that the aforesaid former
member jurisdictions of the SFETC have justified $307,594.00 of the disallowed costs.
III. TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of mutual promises, covenants, and
obligations set forth below, and for good and valuable consideration as stated herein, the
parties agree as follows:
1. The aforesaid former member jurisdictions of the SFETC agree to repay the
amount of $343,688.00 in disallowed costs to the Agency, from anon-federal funding source
within thirty (30) days from the date of execution of this Settlement Agreement by all parties.
Along with the payment, the aforesaid former member jurisdictions of the SFETC shall provide
a schedule, which sets forth the grant, grant amount, and grant year for the repayment
costs of $343,688.00.
a. In accordance with Paragraph 11.b. of the Consortium Agreement, the
City of Hialeah shall pay the Agency For Workforce Innovation the sum of $575.00 from a
non-federal funding source not later than thirty (30) days from the date of execution of this
Settlement Agreement by all parties.
b. In accordance with Paragraph 11.c. of the Consortium Agreement,
Miami-Dade County shall pay the Agency For Workforce Innovation the sum of
$144,793.68 (derived by subtracting $575.00 from $343,688.00 and multiplying the
resulting sum of $343,113.00 by 42.2%) from anon-federal funding source not later than
thirty (30) days from the date of execution of this Settlement Agreement by all parties.
c. In accordance with Paragraph 11.c. of the Consortium Agreement, the
City of Hialeah shall pay the Agency For Workforce Innovation the sum of $38,085.54
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 11.1 %) from anon-federal funding source not later than thirty (30) days
from the date of execution of this Settlement Agreement by all parties.
d. In accordance with Paragraph 11.c. of the Consortium Agreement, the
City of Miami shall pay the Agency For Workforce Innovation the sum of $114,256.62
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 33.3%) from anon-federal funding source not later than thirty (30) days
from the date of execution of this Settlement Agreement by all parties.
e. In accordance with Paragraph 11.c. of the Consortium Agreement,
Monroe County shall pay the Agency For Workforce Innovation the sum of $22,988.57
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 6.7%) from anon-federal funding source-not later than thirty (30) days from
the date of execution of this Settlement Agreement by all parties.
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f. In accordance with Paragraph 11.c. of the Consortium Agreement, the
City of Miami Beach shall pay the Agency For Workforce Innovation the sum of $22,988.57
(derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of
$343,113.00 by 6.7%) from anon-federal funding source not later than thirty (30) days from
the date of execution of this Settlement Agreement by all parties.
2. The aforesaid former member jurisdictions of the SFETC and the Agency
acknowledge hereby that the U.S. Department of Labor and the U.S. Department of Health
and Human Services have the authority to demand repayment of misused federal funds from
the recipients of those funds. The aforesaid former member jurisdictions of the SFETC agree
that if either the U.S. Department of Labor or the U.S. Department of Health and Human
Services requires either the Agency or the aforesaid former member jurisdictions of the
SFETC to repay federal funds related to Final Management Decision Finding CF 2005-6, the
aforesaid former memberjurisdictions of the SFETC shall fully indemnify the Agency for the
entire amount of such a repayment, to wit, the balance of $307,594.00.
3. The parties also acknowledge that U.S. Department of Labor or the U.S.
Department of Health and Human Services may require the repayment of prepaid
transportation costs in addition to the amount that is the subject of this Settlement Agreement.
If either the U.S. Department of Labor or the U.S. Department of Health and Human Services
requires eitherthe Agency or the aforesaid former member jurisdictions ofthe SFETC to repay
these federal funds, the aforesaid former member jurisdictions ofthe SFETC will indemnify the
Agency for any disallowed costs attributable to SFETC.
4. Upon execution of this Settlement Agreement by all parties, the par4es shall file
a Joint Notice of Settlement and Voluntary Dismissal of DOAH Case No. 06-4333.
5. The parties hereto stipulate and agree that this document represents the entire
agreement by, between, and among them and that the provisions contained herein may not be
changed or altered without the express written consent of all of the parties.
6. All of the parties hereto participated in the preparation of this stipulation and
Settlement Agreement, and in the process of preparation thereof, each and all of the parties
acknowledge hereby that each party was fully and adequately represented by its own
respective legal counsel and has received legal advice from its own respective legal counsel.
7. In the event of any litigation arising out of this Settlement Agreement, this
Settlement Agreement shall not be construed in favor of or against any party by reason of its
process of preparation.
8. All parties to this Settlement Agreement shall bear their own respective legal
costs and attorney's fees, if any, with respect to the preparation and execution of this
Settlement Agreement and DOAH Case No. 06.4333.
9. This Settlement Agreement shall be effective on the date of signature of the
last signatory to this Settlement Agreement ("Effective Date"), to wit, the date that all of the
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parties hereto have executed this Settlement Agreement. Facsimiles of signatures shall
constitute acceptable, binding signatures for purposes of this Settlement Agreement. This
Settlement Agreement shall be signed in counter-part originals by each and all of the
parties hereto and each such counter-part original shall be deemed an original for all
purposes. Each such counter-part original of each and all of the aforesaid former members
of the SFETC shall be executed by the duly authorized respective Chief Elected Official of
the aforesaid former member jurisdictions of the SFETC.
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IN WITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE
AGENCY HAVE EXECUTED THIS AGREEMENT:
FORMER MEMBER JURISDICTIONS OF THE
SOUTH FLORIDA TRAINING AND EMPLOYMENT CONSORTIUM
Miami-Dade County
DATED: BY;
Mayor
Miami-Dade County
Approved as to form and legal sufficiency by
County Attomey
• Monroe County
DATED: BY:
Mayor
Monroe County
Approved as to form -and legal sufficiency by
County Attorney
City of Miami
DATED: BY:
Mayor
City of Miami
Approved as to form and legal sufficiency by
City Attorney
City of Hialeah
DATED: BY:
Mayor
City of Hialeah
Approved as to form and legal sufficiency by
City Attorney
City of Miami Beach
DATED: BY:
Mayor
City of Miami Beach
Approved as to form and legal sufficiency by
City Attorney
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AGENCY FOR WORKFORCE INNOVATION
DATED: BY:
BARBARA K. GRIFFIN, DEPUTY DIRECTOR
Agency for Workforce Innovation
Approved as to form and legal sufficiency.
KIMBERLY SISKO WARD, DEPUTY GENERAL COUNSEL
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CONSORTIUM AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July, 2004 by and
among:
Miami-Dade County, Apolitical 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, Apolitical 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-tPS Tl268
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 pro;:imity 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 shalt 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 (CEOs') 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 bf
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 tl~e "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 SFb'V;
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 and marketing with
partners/contractors, businesses and organizations, participants
and potential participants;
xviii. Interface with funding sources - WFI, AW1, 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 jurisdictian 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 42.2%
Miami, City of 33.3%
Hialeah, City of 11.1
Miami Beach, City of 6.7%
Monroe County 6.7%
TOTAL 100%
d. In the event that a new political jurisdiction is permitted to join this
Consortium, the financial (iability of the new political jurisdiction
shall be pro-rated according to the allocation of appointments to the
SFW Board.
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