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Agenda 06/26/2018 Item #16K306/26/2018 EXECUTIVE SUMMARY Recommendation to approve the Third Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. OBJECTIVE: To obtain approval of the Third Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. CONSIDERATIONS: The Workforce Investment Act of 1998, Federal Public Law 105-220, replaced the Job Training Partnership Act, as amended in 1996. The counties of Charlotte, Collier, Glades, Hendry, and Lee were designated by the Governor of the State of Florida to form a five-county workforce development area (Region 24). The initial interlocal agreement was approved in 1996. Subsequently, the Counties entered into a Workforce Investment Act Interlocal Agreement for the Southwest Florida Job Training Consortium dated July 1, 2005 to amend and restate the original interlocal agreement (First Amended and Restated Interlocal Agreement). On March 20, 2012, the Counties entered into the Second Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. The Workforce Investment Act has been replaced by the Workforce Innovation and Opportunity Act (codified as 29 U.S.C. § 3101 et seq.) and the proposed Third Amendment and Restated Interlocal Agr eement incorporates the statutory changes. The Southwest Florida Workforce Development Board, Inc., (SFWDB) acts as the grant recipient and administrative entity and is responsible for providing services directly to Florida’s businesses and job seekers. These services include job placement and recruitment assistance as well as funding for skills training. Their efforts are often geared toward specific industries or populations identified as targets in their areas because of demand and wage potential. The flexibility built into the system allows each region to determine with its local leadership what workforce services are most needed to support employment and training, and foster increased growth of local economies. (CareerSource Florida, Inc.) A request was received by the SFWDB to review and approve the Third Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium by the five participating counties. SFWDB is proposing changes to the existing interlocal to meet with changes in the Federal statute. A copy of the proposed amendment is attached, as well as a strikethrough/underscored version showing the proposed changes. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and approved as to form and legality. A majority vote of the Board is required for approval. JAK. RECOMMENDATION: That the Board of County Commissioners approves the Third Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. PREPARED BY: Jeffrey A. Klatzkow, County Attorney 06/26/2018 ATTACHMENT(S) 1. Third Amended and Restated Interlocal Agreement (PDF) 2. REDLINE Third Amended and Restated Interlocal Agreement (PDF) 06/26/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.K.3 Doc ID: 5948 Item Summary: Recommendation to approve the Third Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. Meeting Date: 06/26/2018 Prepared by: Title: Legal Assistant/Paralegal – County Attorney's Office Name: Virginia Neet 06/14/2018 9:00 AM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 06/14/2018 9:00 AM Approved By: Review: Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/14/2018 9:44 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/14/2018 10:59 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/15/2018 10:36 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/15/2018 3:37 PM Board of County Commissioners MaryJo Brock Meeting Pending 06/26/2018 9:00 AM THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM THIS THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT (this "_Agreement") is made and entered into as of June 30, 2018 by and between the Boards of County Commissioners for Charlotte, Collier, Glades, Hendry, and Lee Counties, political subdivisions of the State of Florida, for continuation of the Southwest Florida Job Training Consortium. WHEREAS, the Workforce Investment Act of 1998, federal Public Law 105-220 ("WIA"), replaced the Job Training Partnership Act as amended in 1996, and restructured a multitude of workforce development programs into an integrated workforce investment system and authorized the expenditure of federal funds for allowable services and activities in local workforce investment (development) areas; and WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee (collectively, the "Counties") were designated by the Governor of the State of Florida, as recommended by the Jobs and Education Partnership in 1996, to form a five county workforce development area, Region 24, and this designation was approved by the Governor to continue under WIA; and WHEREAS, the Counties had previously entered into an interlocal agreement in 1996 creating the Southwest Florida Job Training Consortium and had entered into an agreement with a Private Industry Council acting as grant recipient and administrative entity until such time as Southwest Florida Workforce Development Board, Inc. ("SFWDB") was formed, and continued under that agreement ("Original Interlocal Agreement"); and WHEREAS, subsequent to the Original Interlocal Agreement, the Counties entered into that certain Workforce Investment Act Interlocal Agreement for the Southwest Florida Job Training Consortium dated as of July 1, 2005 to amend and restate the Original Interlocal Agreement ("First Amended and Restated Interlocal Agreement"); and WHEREAS, subsequent to the First Amended and Restated Agreement, the Counties entered into that Second Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium dated as of March 20, 2012 ("Second Amended and Restated Interlocal Agreement"); and WHEREAS, WIA has been replaced by the Workforce Innovation and Opportunity Act (codified as 29 U.S.C. § 3101 et seq.) (the "Act") and the five participating Counties have agreed to enter into this Agreement to amend and restate the Second Amended and Restated Agreement to incorporate statutory changes; and WHEREAS, SFWDB is in existence and operational with respect to the Region 24 Workforce Development Area; and D.9 WHEREAS, the Region 24 Workforce Development Area is required to submit a Workforce Innovation and Opportunity Act local plan pursuant to Section 108 of the Act; and WHEREAS, Section 163.0 1, Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Boards of County Commissioners for Charlotte, Collier, Glades, Hendry, and Lee Counties find this Interlocal Agreement to be necessary, proper and convenient to the exercise of their powers, duties and purposes authorized by law. NOW THEREFORE, in consideration of the mutual covenants herein, the Counties agree as follows: I. Continuation of the Southwest Job Training Consortium. A. Consistent with the Original Interlocal Agreement, the Counties agree to accept the Governor's designation of the five county local area as Workforce Development Area for Region 24 for purposes of programs promulgated under the Act ("Workforce Development Area"). B. Consistent with the Original Interlocal Agreement, the Counties agree to continue the Southwest Florida Job Training Consortium (the "Consortium") which is composed of the Chief Local Elected Official (Chair) from each of the participating County Commissions, or a designee, who shall be an elected County Commissioner. These five Chairs will elect one member of the Consortium to serve as Chair of the Consortium. The Chair shall remain in its position as Chair until replaced by the Consortium. The Consortium may elect to rotate the position of Chair each year according to procedures which may be developed by the Consortium. II. Authority and Responsibilities of the Southwest Florida Job Training Consortium. A. Sections 107, 108, and 121 of the Act (codified as 29 U.S.C. § 3122, § 3123 and § 3151), as may be amended from time to time, are hereby incorporated within this Agreement as if set out herein. Any reference herein to a provision or section of the Act or any other applicable law shall be deemed to include a reference to the applicable successor provision, section or law that may be adopted from time to time. B. The Consortium shall request any change in the number of board members of SFWDB that will represent each county, identify which sector they will represent, identify the length of term, and request certification from the Governor should any 2 O changes to the current representation be required, ensuring that board membership of SFWDB meet the requirements of Section 107 of the Act. C. Pursuant to Section 107 of the Act, a majority of the board members of SFWDB shall be representatives of business (each, a "Business Representative" or collectively, "Business Representatives") in the Workforce Development Area. Each County Chair, or designee Commissioner, shall be responsible for making his/her County's Business Representative appointment(s) from nominations received pursuant to this subsection to be board members of SFWDB in accordance with the Act. Each appointee proposed by the County Chair, or designee Commissioner, shall be presented to, and approved by, the Board of County Commissioners of his/her County prior to being seated as a board member of SFWDB. Each Business Representative nominated pursuant to this subsection must adhere to the following criteria: 1. Representatives of business in the Workforce Development Area who are owners of businesses, chief executives or operating officers of business, or other business executives or employers with optimum policymaking or hiring authority; 2. Representatives of businesses, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that, at a minimum, include high-quality, work -relevant training and development in in -demand industry sectors or occupations in the Workforce Development Area; and 3. Representatives are appointed from among individuals nominated by local business organizations and business trade associations. The nomination process for an appointment as a Business Representative to the board of SFWDB shall be as follows: 1. A Business Representative shall be selected from among individuals nominated by a local business organization or business trade association (i.e. Economic Development organization, Chamber of Commerce, or similar entity) after consulting with and receiving recommendations from other business organizations in the Workforce Development Area. 2. Nominations, and any individual selected from such nominations as a Business Representative, shall reasonably represent the industrial and demographic composition of the business community. D. Pursuant to Section 107 of the Act, not less than twenty percent (20%) of the board members of SFWDB shall be representatives of the workforce (each, a "Labor/Train injq Representative") within the Workforce Development Area who: 3 �o 1. Shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees; 2. Shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists; 3. May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and 4. May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. A nominee meeting the foregoing criteria for a Labor/Training Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. E. Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of entities administering education and training activities (each, an "Educational Representative") in the Workforce Development Area, who: 1. Shall include a representative of eligible providers administering adult education and literacy activities under 29 U.S.C. § 3271 et seq.; 2. Shall include a representative of institutions of higher education providing workforce investment activities (including community colleges); 3. May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. For purposes of this Section, the Chair of the Alliance of Educational Leaders shall be approved as an Educational Representative meeting the requirements of this subsection. Any other nominee meeting the foregoing criteria for an Educational 4 Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. F. Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of governmental and economic and community development entities (each, a "Government/Economic Development Representative") in the Workforce Development Area, who: 1. Shall include a representative of economic and community development entities; 2. Shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act (29 U.S.C. § 49 et seq.) serving the Workforce Development Area; 3. Shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. § 720 et seq.), other than section 112 or part C of that title (29 U.S.C. § 732, 741), serving the Workforce Development Area; 4. May include representatives of agencies or entities administering programs serving the Workforce Development Area relating to transportation, housing, and public assistance; and 5. May include representatives of philanthropic organizations serving the Workforce Development Area. A nominee meeting the foregoing criteria for a Government/Economic Development Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. G. The board of SFWDB may include such other individuals or representatives of entities as the Consortium may determine from time to time to be appropriate. H. The Consortium shall share with SFWDB the responsibility for the following: 1. Approval of the local plan or modification of the local plan described under Section 108 of the Act for Region 24 pursuant to the following procedure. SFWDB shall prepare and adopt the proposed local plan (or modification, as applicable) as required by the Act and transmit the same to the Consortium for its approval prior to submission of the local plan to the Governor pursuant to the Act and Florida law. Transmission of the local plan shall be by sending or delivering a copy of the local plan to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The local plan submitted to the Consortium for 5 O 90 approval under this section shall be deemed approved by the Consortium at the end of the sixty (60) day period beginning on the date upon which the proposed local plan is received by the Consortium ("Local Plan Review Period") unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the Local Plan Review Period of either an objection to the local plan or that it has requested a meeting of the Consortium to review the local plan. If any member of the Consortium provides such written notice to SFWDB, a meeting of the Consortium shall be called for the purpose of reviewing the local plan within thirty (30) days after the Consortium member's correspondence ("Req uested Plan Review Period"). In the event the Consortium does not take action to approve or disapprove the local plan for any reason prior to the expiration of the Requested Plan Review Period, the local plan shall be deemed approved by the Consortium; 2. Approval of the annual budget of SFWDB for purposes of carrying out the duties of SFWDB pursuant to Section 108 of the Act in accordance with the following procedures. SFWDB shall prepare and adopt an annual budget as may be required by law and transmit the same to the Consortium for its approval. Transmission of the budget shall be by sending or delivering a copy of the budget to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The budget submitted to the Consortium for approval under this section shall be deemed approved by the Consortium at the end of the sixty (60) day period beginning on the date upon which the proposed budget is received by the Consortium ("Budimt Review Period") unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the Budget Review Period of either an objection to the budget or that it has requested a meeting of the Consortium to review the budget. If any member of the Consortium provides such written notice to SFWDB, a meeting of the Consortium shall be called for the purpose of reviewing the budget within thirty (30) days after the Consortium member's correspondence ("Requested Budget Review Period"). In the event the Consortium does not take action to approve or disapprove the budget for any reason prior to the expiration of the Requested Budget Review Period, the budget shall be deemed approved by the Consortium. During any period of review of the budget by the Consortium and until approval of the budget by the Consortium, SFWDB can continue its operations consistent with the budget that was most recently approved by the Consortium. Any material modification to any budget approved by the Consortium hereunder shall be approved by the Consortium in accordance with the foregoing procedure. For purposes of this section, the addition into SFWDB's budget of mid -year, program specific earmarked funds from the state or federal government shall not be deemed to be a material modification to SFWDB's budget; 6 & 3. Approval of a memorandum of understanding with one-stop partners concerning the operation of the one-stop delivery system in the Workforce Development Area ("MOU") pursuant to Section 121 of the Act in accordance with the following procedures. SFWDB shall prepare and adopt the MOU as may be required by law and transmit the same to the Consortium for its approval. Transmission of the MOU shall be by sending or delivering a copy of the MOU to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The MOU submitted to the Consortium for approval under this section shall be deemed approved by the Consortium at the end of the sixty (60) day period beginning on the date upon which the proposed MOU is received by the Consortium ("MOU Review Period") unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the MOU Review Period of either an objection to the MOU or that it has requested a meeting of the Consortium to review the MOU. If any member of the Consortium provides such written notice to SFWDB, a meeting of the Consortium shall be called for the purpose of reviewing the MOU within thirty (30) days after the Consortium member's correspondence ("Requested MOU Review Period"). In the event the Consortium does not take action to approve or disapprove the MOU for any reason prior to the expiration of the Requested MOU Review Period, the MOU shall be deemed approved by the Consortium; 4. Approval of a one-stop operator or the termination for cause of a one-stop operator pursuant to Section 108 of the Act ("One -Stop Operator Action") in accordance with the following procedures. In the event SFWDB shall require One -Stop Operator Action, SFWDB shall provide notice of the same ("One -Stop Operator Notice") to the Consortium for its approval. Transmission of the One -Stop Operator Notice shall be by sending or delivering a copy of the notice to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The One -Stop Operator Action submitted to the Consortium for approval under this section shall be deemed approved by the Consortium at the end of the thirty (30) day period beginning on the date upon which the proposed One -Stop Operator Action is received by the Consortium ("One- Action Review Period") unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the One -Stop Action Period of either an objection to the One -Stop Operator Action or that it has requested a meeting of the Consortium to review the One -Stop Operator Action. If any member of the Consortium provides such written notice to SFWDB, a meeting of the Consortium shall be called for the purpose of reviewing the budget within thirty (30) days after the Consortium member's correspondence ("Requested One -Stop Action Review Period"). In the event the Consortium does not take action to approve or disapprove the One -Stop Operator Action for any reason prior to the expiration of the Requested One -Stop Action Review Period, the One -Stop Operator Action shall be deemed approved by the Consortium; and 5. Oversight of the one-stop delivery system in the workforce Development Area. III. Terms of Agreement. A. None of the parties hereto shall be liable for any claims, damages, losses or expenses arising out of or resulting from any act, omission, negligence of the others, their officers, employees or agents, related parties' respective authorities and responsibilities under this Agreement. B. The term of the Agreement shall commence upon the adoption of this Agreement by the last of the Counties and shall run through June 30, 2022, which date coincides with the next local plan submittal date required under Section 108 of the Act. Thereafter the term of this Agreement shall automatically be renewed for successive five-year terms, unless any party notifies the others of its intention not to renew at least ninety (90) days prior to the expiration of the original term or the then -current five-year renewal term. C. Upon proper execution, the Agreement shall be legally valid and binding, and supersedes other agreements of the Southwest Florida Job Training Consortium. This Agreement shall be recorded in the public records of the counties of Charlotte, Collier, Glades, Hendry, and Lee. D. This Agreement may be amended or modified upon the written request of any party hereto. Any alterations, amendments, modification or waivers in the terms and conditions of this Agreement shall not be effective unless reduced to writing, approved by all parties, signed by their duly authorized representatives and filed with the Clerks of the Circuit Courts of the Counties. {Remainder of page intentionally left blank. Signatures commence on the next page.} 8 �9 O IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the attached pages. PASSED AND DULY ADOPTED THIS DAY OF 92018. ATTEST: LINDA DOGGETT, CLERK BY: Deputy Clerk 0 BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA Cecil Pendergrass, Chair APPROVED AS TO FORM FOR THE RELIANCE OF LEE COUNTY ONLY County Attorney's Office PASSED AND DULY ADOPTED THIS DAY OF , 2018. Attest: 10 BOARD OF COUNTY COMMISSIONERS OF CHARLOTTE COUNTY, FLORIDA am Chair or Commissioner Designee APPROVED AS TO FORM AND LEGAL SUFFICIENCY PASSED AND DULY ADOPTED THIS DAY OF 92018. Attest: DWIGHT E. BROCK, Clerk 0 , Deputy Clerk Approvefrrm and legality: Jeffrey. Kittzkow, County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 11 ANDY SOLIS, CHAIRMAN PASSED AND DULY ADOPTED THIS DAY OF .2018. Attest: Do 12 BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA 0 Chair or Commissioner Designee APPROVED AS TO FORM AND LEGAL SUFFICIENCY mol PASSED AND DULY ADOPTED THIS DAY OF 52018. Attest: M BOARD OF COUNTY COMMISSIONERS OF HENDRY COUNTY., FLORIDA 0 Chair or Commissioner Designee APPROVED AS TO FORM AND LEGAL SUFFICIENCY 0 13 0 1 WORKFORCE INVESTMENT ACT SECONDTHIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR THE SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM This Second Amended and Restated Interlocal AgreementTHIS THIRD AMENDED AND RESTATED INTERLOCAL AGREEMENT (this “Agreement”) is made and entered into as of June 30, 2018 by and between the Boards of County Commissioners for Charlotte, Collier, Glades, Hendry, and Lee Counties, political subdivisions of the State of Florida, for continuation of the Southwest Florida Job Training Consortium. WHEREAS, the Workforce Investment Act of 1998, hereinafter referred to as the Act, federal Public Law 105-220, (“WIA”), replaced the Job Training Partnership Act as amended in 1996, and restructured a multitude of workforce development programs into an integrated workforce investment system and authorized the expenditure of federal funds for allowable services and activities in local workforce investment (development) areas; and WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee (collectively, the “Counties”) were designated by the Governor of the State of Florida, as recommended by the Jobs and Education Partnership in 1996, to form a five county workforce development area, Region 24, and this designation was approved by the Governor to continue under the Workforce Investment ActWIA; and WHEREAS, the five participating countiesCounties had previously entered into an interlocal agreement in 1996 creating the Southwest Florida Job Training Consortium and had entered into an agreement with a Private Industry Council acting as grant recipient and administrative entity until such time as Southwest Florida Workforce Development Board, Inc. (“SFWDB”) was formed, and continued under that agreement (“Original Interlocal Agreement”); and WHEREAS, subsequent to the Original Interlocal Agreement, the five participating countiesCounties entered into that certain Workforce Investment Act Interlocal Agreement for the Southwest Florida Job Training Consortium dated as of July 1, 2005 (“WIAto amend and restate the Original Interlocal Agreement”). This Agreement is intended to be an amendment and restatement of the WIA (“First Amended and Restated Interlocal Agreement;”); and WHEREAS, subsequent to the First Amended and Restated Agreement, the Counties entered into that Second Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium dated as of March 20, 2012 (“Second Amended and Restated Interlocal Agreement”); and WHEREAS, WIA has been replaced by the Workforce Innovation and Opportunity Act (codified as 29 U.S.C. § 3101 et seq.) (the “Act”) and the five participating Counties have agreed to enter into this Agreement to amend and restate the Second Amended and Restated Agreement to incorporate statutory changes; and 2 WHEREAS, SFWDB is in existence and operational with respect to the Region 24 Workforce InvestmentDevelopment Area; and WHEREAS, the Region 24 Workforce InvestmentDevelopment Area is required to submit a Workforce InvestmentInnovation and Opportunity Act local plan pursuant to Section 118108 of the Act; and WHEREAS, Section 163.01, Florida Statutes, known as the Florida Interlocal Cooperation Act of 1969, permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the Boards of County Commissioners for Charlotte, Collier, Glades, Hendry, and Lee Counties find this Interlocal Agreement to be necessary, proper and convenient to the exercise of their powers, duties and purposes authorized by law. NOW THEREFORE, in consideration of the mutual covenants herein, the partiesCounties agree as follows: I. Continuation of the Southwest Job Training Consortium. A. Consistent with the Original Interlocal Agreement, the participating five countiesCounties agree to accept the Governor’s designation of the five county local area as Workforce InvestmentDevelopment Area for Region 24 for purposes of programs promulgated under the Act. (“Workforce Development Area”). B. Consistent with the Original Interlocal Agreement, the five countiesCounties agree to continue the Southwest Florida Job Training Consortium (the “Consortium”) which is composed of the Chief Local Elected Official (Chair) from each of the participating County Commissions, or a designee, who shall be an elected County Commissioner. These five Chairs will elect one member of the Consortium to serve as Chair of the Consortium. The Chair shall remain in its position as Chair until replaced by the Consortium. The Consortium may elect to rotate the position of Chair each year according to procedures which may be developed by the Consortium. II. Authority and Responsibilities of the Southwest Florida Job Training Consortium. A. Sections 117, 118107, 108, and 121 of the Workforce Investment Act (the “Act”)codified as 29 U.S.C. § 3122, § 3123 and § 3151), as may be amended from time to time, are hereby incorporated within this Agreement as if set out herein. Any reference herein to a provision or section of the Act or any other applicable 3 law shall be deemed to include a reference to the applicable successor provision, section or law that may be adopted from time to time. B. The Consortium shall request any change in the number of local board members of SFWDB that will represent each county, identify which sector they will represent, identify the length of term, and request certification from the Governor should any changes to the current representation be required, ensuring that 51% of theboard membership representof SFWDB meet the requirements of Section 107 of the private sectorAct. C. Pursuant to Section 107 of the Act, a majority of the board members of SFWDB shall be representatives of business (each, a “Business Representative” or collectively, “Business Representatives”) in the Workforce Development Area. Each County Chair, or designee Commissioner, shall be responsible for making his/her County's private sector appointments forCounty’s Business Representative appointment(s) from nominations received pursuant to this subsection to be board members of SFWDB, in accordance with the Act, to . Each appointee proposed by the County Chair, or designee Commissioner, shall be presented to, and approved by, the Board for the participating counties. The nomination process for these appointmentsof County Commissioners of his/her County prior to being seated as a board member of SFWDB. Each Business Representative nominated pursuant to this subsection must adhere to the following criteria: 1. Representatives of business in the local areaWorkforce Development Area who are owners of businesses, chief executives or operating officers of business, andor other business executives or employers with optimum policymaking or hiring authority; 2. Representatives of businesses with, including small businesses, or organizations representing businesses described in this clause, that provide employment opportunities that reflect, at a minimum, include high-quality, work-relevant training and development in in-demand industry sectors or occupations in the employment opportunities of the local areaWorkforce Development Area; and 3. Representatives are appointed from among individuals nominated by local business organizations and business trade associations. D. The nomination process for these private sector appointments foran appointment as a Business Representative to the board members of SFWDB shall be as follows: 1. Private sector representatives A Business Representative shall be selected from among individuals nominated by general purpose a local business organizationsorganization or business trade association (i.e. Economic Development organization, Chamber of Commerce, or similar entity) after 4 consulting with and receiving recommendations from other business organizations in the workforce development regionWorkforce Development Area. 2. General purpose business organizations are defined as those organizations which admit to membership any for-profit business operation within the workforce development region, or any entity that represents or serves as an umbrella organization that includes membership from for-profit businesses. 3. Such nominationsNominations, and the individuals any individual selected from such nominations as a Business Representative, shall reasonably represent the industrial and demographic composition of the business community. 4. The ChairD. Pursuant to Section 107 of the Act, not less than twenty percent (20%) of the board members of SFWDB is selected from the private-for-profit sector. shall be E. Ensure through its appointments that board membership of SFWDB includes required public sector representatives, as required under the Act and State of Florida definitions, regardless of County, with optimum policymaking authoritythe workforce (each, a “Labor/Training Representative”) within the organizations, agencies, or entitiesWorkforce Development Area who: 1. Representatives of local educational entities, including educational agencies, local school boards, entities providing adult education and literacy activities, and postsecondary educational institutions (including representatives of community colleges, where such entities exist), selected from among individuals nominated by regional or local educational agencies, institutions, or organizations representing such local educational entities; 1. 2. Representatives of Shall include representatives of labor organizations, (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations),) other representatives of employees; 2. 3. RepresentativesShall include a representative, who shall be a member of a labor organization or a training director, from a joint labor- management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists; 3. May include representatives of community-based organizations (that have demonstrated experience and expertise in addressing the employment needs 5 of individuals with barriers to employment, including organizations representing that serve veterans or that provide or support competitive integrated employment for individuals with disabilities and veterans, for a local area in which such ; and 2.4. May include representatives of organizations are present);that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. A nominee meeting the foregoing criteria for a Labor/Training Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. E. 4. Representatives of economic development agencies; 5. Representatives of each of the one-stop partners; and 6. May include Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of entities administering education and training activities (each, an “Educational Representative”) in the Workforce Development Area, who: 1. Shall include a representative of eligible providers administering adult education and literacy activities under 29 U.S.C. § 3271 et seq.; 2. Shall include a representative of institutions of higher education providing workforce investment activities (including community colleges); 3. May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. For purposes of this Section, the Chair of the Alliance of Educational Leaders shall be approved as an Educational Representative meeting the requirements of this subsection. Any other nominee meeting the foregoing criteria for an Educational Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. F. Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of governmental and economic and community development entities (each, a “Government/Economic Development Representative”) in the Workforce Development Area, who: 1. Shall include a representative of economic and community development entities; 6 2. Shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act (29 U.S.C. § 49 et seq.) serving the Workforce Development Area; 3. Shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. § 720 et seq.), other than section 112 or part C of that title (29 U.S.C. § 732, 741), serving the Workforce Development Area; 4. May include representatives of agencies or entities administering programs serving the Workforce Development Area relating to transportation, housing, and public assistance; and 5. May include representatives of philanthropic organizations serving the Workforce Development Area. A nominee meeting the foregoing criteria for a Government/Economic Development Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. G. The board of SFWDB may include such other individuals or representatives of entities as the chief elected official(s) in the local areaConsortium may determine from time to time to be appropriate. F. ShareH. The Consortium shall share with SFWDB the responsibility for the following: 1. Approval of the local plan or modification of the local plan described under Section 118108 of the Act for Region 24 pursuant to the following procedure. SFWDB shall prepare and adopt the proposed local plan (or modification, as applicable) as required by the Act and transmit the same to the Consortium for its approval prior to submission of the local plan to the Governor pursuant to the Act and Florida law. Transmission of the local plan shall be by sending or delivering a copy of the local plan to both the Chair and the county administrator or county manager, as applicable, for each of the participating counties.Counties. The local plan submitted to the Consortium for approval under this section shall be deemed approved by the Consortium at the end of the sixty (60) day period beginning on the date upon which the proposed local plan is received by the Consortium (“Local Plan Review Period”) unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the Local Plan Review Period of either an objection to the local plan or that it has requested a meeting of the Consortium to review the local plan. If any member of the Consortium provides such written notice to SFWDB, a meeting of the 7 Consortium shall be called for the purpose of reviewing the local plan within thirty (30) days after the Consortium member’s correspondence (“Requested Plan Review Period”). In the event the Consortium does not take action to approve or disapprove the local plan for any reason prior to the expiration of the Requested Plan Review Period, the local plan shall be deemed approved by the Consortium; 2. Approval of the annual budget of SFWDB for purposes of carrying out the duties of SFWDB pursuant to Section 118108 of the Act in accordance with the following procedures. SFWDB shall prepare and adopt an annual budget as may be required by law and transmit the same to the Consortium for its approval. Transmission of the budget shall be by sending or delivering a copy of the budget to both the Chair and the county administrator or county manager, as applicable, for each of the participating counties.Counties. The budget submitted to the Consortium for approval under this section shall be deemed approved by the Consortium at the end of the sixty (60) day period beginning on the date upon which the proposed budget is received by the Consortium (“Budget Review Period”) unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the Budget Review Period of either an objection to the budget or that it has requested a meeting of the Consortium to review the budget. If any member of the Consortium provides such written notice to SFWDB, a meeting of the Consortium shall be called for the purpose of reviewing the budget within thirty (30) days after the Consortium member’s correspondence (“Requested Budget Review Period”). In the event the Consortium does not take action to approve or disapprove the budget for any reason prior to the expiration of the Requested Budget Review Period, the budget shall be deemed approved by the Consortium. During any period of review of the budget by the Consortium and until approval of the budget by the Consortium, SFWDB can continue its operations consistent with the budget that was most recently approved by the Consortium. Any material modification to any budget approved by the Consortium hereunder shall be approved by the Consortium in accordance with the foregoing procedure. For purposes of this section, the addition into SFWDB’s budget of mid- year, program specific earmarked funds from the state or federal government shall not be deemed to be a material modification to SFWDB’s budget; and • oversight of activities and services including designation, certification, or termination of One Stop Operators. 3. Approval of a memorandum of understanding with one-stop partners concerning the operation of the one-stop delivery system in the Workforce Development Area (“MOU”) pursuant to Section 121 of the Act in accordance with the following procedures. SFWDB shall prepare and adopt the MOU as may be required by law and transmit the same to the Consortium for its approval. Transmission of the MOU shall be by sending 8 or delivering a copy of the MOU to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The MOU submitted to the Consortium for approval under this section shall be deemed approved by the Consortium at the end of the sixty (60) day period beginning on the date upon which the proposed MOU is received by the Consortium (“MOU Review Period”) unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the MOU Review Period of either an objection to the MOU or that it has requested a meeting of the Consortium to review the MOU. If any member of the Consortium provides such written notice to SFWDB, a meeting of the Consortium shall be called for the purpose of reviewing the MOU within thirty (30) days after the Consortium member’s correspondence (“Requested MOU Review Period”). In the event the Consortium does not take action to approve or disapprove the MOU for any reason prior to the expiration of the Requested MOU Review Period, the MOU shall be deemed approved by the Consortium; 4. Approval of a one-stop operator or the termination for cause of a one-stop operator pursuant to Section 108 of the Act (“One-Stop Operator Action”) in accordance with the following procedures. In the event SFWDB shall require One-Stop Operator Action, SFWDB shall provide notice of the same (“One-Stop Operator Notice”) to the Consortium for its approval. Transmission of the One-Stop Operator Notice shall be by sending or delivering a copy of the notice to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The One-Stop Operator Action submitted to the Consortium for approval under this section shall be deemed approved by the Consortium at the end of the thirty (30) day period beginning on the date upon which the proposed One-Stop Operator Action is received by the Consortium (“One-Stop Action Review Period”) unless one or more members of the Consortium notifies SFWDB in writing prior to the expiration of the One-Stop Action Period of either an objection to the One-Stop Operator Action or that it has requested a meeting of the Consortium to review the One-Stop Operator Action. If any member of the Consortium provides such written notice to SFWDB, a meeting of the Consortium shall be called for the purpose of reviewing the budget within thirty (30) days after the Consortium member’s correspondence (“Requested One-Stop Action Review Period”). In the event the Consortium does not take action to approve or disapprove the One-Stop Operator Action for any reason prior to the expiration of the Requested One-Stop Action Review Period, the One-Stop Operator Action shall be deemed approved by the Consortium; and 5. Oversight of the one-stop delivery system in the Workforce Development Area. III. Terms of Agreement. 9 A. None of the parties hereto shall be liable for any claims, damages, losses or expenses arising out of or resulting from any act, omission, negligence of the others, their officers, employees or agents, related parties' respective authorities and responsibilities under this Agreement. B. The term of the Agreement shall commence upon the adoption of this Agreement by the last of the participating countiesCounties and shall run through June 30, 20162022, which date coincides with the next local plan submittal date required under Section 118108 of the Act. Thereafter the term of this Agreement shall automatically be renewed for successive five-year terms, unless any party notifies the others of its intention not to renew at least ninety (90) days prior to the expiration of the original term or the then-current five-year renewal term. C. Upon proper execution, the Agreement shall be legally valid and binding, and supersedes other agreements of the Southwest Florida Job Training Consortium. This Agreement shall be recorded in the public records of the counties of Charlotte, Collier, Glades, Hendry, and Lee. D. This Agreement may be amended or modified upon the written request of any party hereto. Any alterations, amendments, modification or waivers in the terms and conditions of this Agreement shall not be effective unless reduced to writing, approved by all parties, signed by their duly authorized representatives and filed with the Clerks of the Circuit Courts of the participating countiesCounties. {Remainder of page intentionally left blank. Signatures commence on the next page.} 10 IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the attached pages. PASSED AND DULY ADOPTED THIS DAY OF , 20122018. ATTEST: BOARD OF COUNTY COMMISSIONERS LINDA DOGGETT, CLERK OF LEE COUNTY, FLORIDA By: Chair or Commissioner DesigneeBY: BY:______________________________ Deputy Clerk Cecil Pendergrass, Chair Attest: By: APPROVED AS TO FORM FOR THE RELIANCE OF LEE COUNTY ONLY __________________________________ County Attorney’s Office 11 PASSED AND DULY ADOPTED THIS DAY OF , 2018. LEGAL SUFFICIENCY By: 12 BOARD OF COUNTY COMMISSIONERS OF CHARLOTTE COUNTY, FLORIDA By: Chair or Commissioner Designee Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 13 PASSED AND DULY ADOPTED THIS DAY OF , 2018. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: Chair or Commissioner Designee Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 14 By: __________________________ By: __________________________________ , Deputy Clerk ANDY SOLIS, CHAIRMAN Approved as to form and legality: _______________________________ Jeffrey A. Klatzkow, County Attorney 15 PASSED AND DULY ADOPTED THIS DAY OF , 2018. BOARD OF COUNTY COMMISSIONERS OF GLADES COUNTY, FLORIDA By: Chair or Commissioner Designee Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 16 PASSED AND DULY ADOPTED THIS DAY OF , 2018. BOARD OF COUNTY COMMISSIONERS OF HENDRY COUNTY, FLORIDA By: Chair or Commissioner Designee Attest: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: