Backup Documents 06/26/2018 Item #16K3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 K 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s)(List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 6/26/18
4. BCC Office Board of County f r _ *C)Commissioners J 14161 (.[
10 4r
5. Minutes and Records Clerk of Court's Office c,,1a,(t b n,16 eM
PRIMARY CONTACT INFORMATION l
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Jeffrey A. atzkow,County Attorney Phone Number 252-8400
Contact/Department /
Agenda Date Item was 6/26/18 Agenda Item Number 16-K-3
Approved by the BCC
Type of Document Third Amended and Restated Interlocal Number of Original Five 1,./—
Attached Agreement SW Fla.Job Training Documents Attached
Consortium
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is r Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into
MinuteTraq. Some documents are time sensitive and require forwarding to Tallahassee
within a certain time frame or the BCC's actions are nullified. Be aware of your
deadlines!
8. The document was approved by the BCC on 6/26/18 and all changes made during the JAK b#`-
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the �,Q N/A is '
BCC,all changes directed by the BCC have been made,and the document is ready for the V� ,l/ an option=
hairman's signature. (p 5 this line. •
[04-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Doculhents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised A24.05;
Revised 11/30/12
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MEMORANDUM
Date: June 27, 2018
Cc: Jeff Klatzkow, County Attorney
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Third Amendment to Interlocal Agreement w/S.W. Fla. Job
Training Consortium
Attached are five (5) original agreements as referenced above, (Item #16K3) approved
by the Board of County Commissioners on Tuesday, June 26, 2018.
Please return a fully executed original back to the Minutes & Records for the
Board's Official Records once all signatures have been obtained.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16K3
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
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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 163.01,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 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
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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/Training Representative") within the Workforce Development Area
who:
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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
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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
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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("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 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
("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;
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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-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
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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.)
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IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the
attached pages.
PASSED AND DULY ADOPTED THIS DAY OF , 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
LINDA DOGGETT, CLERK OF LEE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Cecil Pendergrass, Chair
APPROVED AS TO FORM FOR THE
RELIANCE OF LEE COUNTY ONLY
County Attorney's Office
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PASSED AND DULY ADOPTED THIS DAY OF , 2018.
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
By:
Chair or Commissioner Designee
Attest:
By: APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
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PASSED AND DULY ADOPTED THIS 2f-4,,, DAY OF k_)\,,,e_—, , 2018.
Attest: BOARD OF CO °i Y COMMISS,,0 ERS
CRYSTAL K. KINZEL, Interim Clerk OF COLLIE' ' O ► Y, FLO P.
r /
Is. aci....A.Azitcr_ By: A
. test 3S tO_ChairllialPiPutY Clerk ANDY SOLIS, CHAIRMAN
f signature only.
Approve. .;. ,' •rm and legality:
ilit 1
Jeffrey A 17 kw, County Attorney
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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:
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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:
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161( 3
CYK 4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
T: 239.435.35 35 I F: 239.435.1218
COLEMAN YOVANOVICH I KOESTER
Writer's Email: ` '!
gurbancic(&,cyklawfirm.coril: r
� t
September 24, 2018
Collier County Attorney's Office
Attn: Jeffrey A. Klatzkow, Esq. r
3299 East Tamiami Tr., Suite 800
Naples,FL 34112
Re: Workforce Innovation and Opportunity Act
Proposed Third Amended and Restated Interlocal Agreement for the
Southwest Florida Job Training Consortium
Dear Mr. Klatzkow:
In connection with the above-referenced matter, enclosed please find the original Third Amended
and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium recorded September
7, 2018, in Official Records Book 5550, Page 2742, in the Public Records of Collier County, Florida.
Should you have any questions or need any additional information, please feel free to contact our
office.
Best regards,
G'lZLcc:
Monica Johnson
Paralegal
:maj
enclosure
cyklawfirm.com
INSTR 5609500 OR 5550 PG 2742
RECORDED 9/7/2018 10:49 AM PAGES 13 I
CLERK OF THE CIRCUIT COURT AND COMPTROLLER 6
COLLIER COUNTY FLORIDA
REC$112.00 INDX$2.00
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
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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 163.01,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 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
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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/Training Representative") within the Workforce Development Area
who:
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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
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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
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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 ("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 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
("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;
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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-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
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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.)
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IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the
attached pages.
PASSED AND DULY ADOPTED THIS 7TH DAY OF AUGUST, 2018.
ATTEST: BOARD OF COUNTY COMMISSIO RS
,per`DNO�Y C LEA for Co u RTS OF LEE COUNTY FLORIDALaN /
BY: fThii4 %, BY:
Deputy Clerk n /• \NA. Cecil Pendergrass, Cha
SEAL) APPROVED AS TO FORM FOR THE
RELIANCE OF LEE COUNTY ONLY
''«••>,..,,..•.••' i.`�`,�
ltlll MOO �
C unty Attorney's Offic
9
1 6 K3
PASSED AND DULY ADOPTED THIS ,v DAY OF , 2018.
BOARD OF COUNTY COM1V I SIO S
OF CHARLOT E CO ' T•` •• 01� �g
4 44I
By: 0,1
14;4, : v
Chair I ignee it
w '• •
Attest: ••.....q• •c�,P .
ghY0
- APPROVED AS TO FORM AND
i.Q. I a q LEGAL SUFFICIENCY
By.
/ack\D"`--e(
10
16K3
PASSED AND DULY ADOPTED THIS Z( A—\ DAY OF,50r' , 2018.
Attest: BOARD OF C 0 I TY COMMONERS
CRYSTAL{K. KINZEL, Interim Clerk OF COLLI re-2CO . TY, F
•
By:
Atte$a-s to ChaPy Clerk ANDY SOLIS, CHAIRMAN
signature only.
1 .
Approvvi 1 f kr an. -gality:
Jeffrey A. 41 a ow, County Attorney
11
1 6 K3
Liziiii
Jun& ,PASSED AND DULY ADOPTED THIS a6 DAY OF , 2018.
BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY, FLORIDA
4
0,,
By: 41',-,0.01
air or Commissioner Designee
t e
Attest doll'C ",-
o�i ,Sandra., a gr�unO \ Z
° a1 =P a go t o 0 tv z
r nv orc. tauBch F 4 53111 �o 44 . *1'�o�
By:•--f1ZY)14( t, Id 4c. , S TO FO AND
/► ,`��.. LEGAL SU.' I i' NCY �,/
0""`"A.; 1444;4*. 4 (,.Vt , /
By://AUI i ir fi Zveil
,Og,.................rs://
4
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b.„..,j
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PASSED AND DULY ADOPTED THIS "1♦-J DAY OF J U I y , 2018.
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
By:ti\\ _--' �
Chair or Commissioner Designee
Att t:
Larkeo. PiiMerI C lerK
By: APPROVED AS TO FORM AND
LEGAL SU FI IENCY
By:
13