Agenda 06/12/2012 Item #16A256/12/2012 Item 16.A.25.
EXECUTIVE SUMMARY
Recommendation to approve the Workforce Investment Act Second Amended and
Restated Interlocal Agreement for the Southwest Florida Job Training Consortium.
OBJECTIVE: To obtain approval of the Workforce Investment Act Second 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 5- county workforce development area. The initial interlocal
agreement was approved in 1996. On June 30, 2005 that interlocal agreement expired
and on September 13, 2005 the Board of County Commissioners approved the current
Interlocal Agreement providing for the continuation, authority, and responsibilities of the
Southwest Florida Job Training Consortium (Consortium). The Consortium, as defined
in the Interlocal Agreement, is composed of the Chair from each of the participating
County Commissions, or a designee, who is an elected County Commissioner.
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. (Workforce
Florida, Inc.)
A request was received by the SFWDB to review and approve the Amended and Restated
Interlocal Agreement for the Southwest Florida Job Training Consortium by the five
participating counties. SFWDB is proposing changes to the exisiting interlocal to clarify
provisions and provide greater transparency. The changes also comply with new statutory
requirements, pertaining to preparation and submittal of annual budgets, pursuant to
House Bill 7023, a bill which was approved by Governor Rick Scott on March 28, 2012
and becomes effective on July 1, 2012. In part, the legislation adds subsection 12 to
Section 445.007, Florida Statutes, to read:
(12) Each regional workforce board shall develop a budget for the pu orl se of
carr ping out the duties of the board under this section subject to the approval of the chief
elected official. Each regional workforce board shall submit its annual budget for review
to Workforce Florida Inc. no later than 2 weeks after the chair approves the budget
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6/12/2012 Item 16.A.25.
Changes in the proposed amended interlocal agreement include:
• Provides for the Chair of the Consortium to remain in place until replaced by the
Consortium. The Consortium may also elect to rotate the position of Chair each
year in accordance with procedures that may be developed.
• Provides for approval requirements for the local plan or modification of the local
plan by the Consortium, including timeframes for approval, written objections,
and requirements for meeting of the Consortium. The local plan Section 118 of
the Workforce Investment Act requires that each local board develop and submit
to the Governor a comprehensive 5 -year local plan in partnership with the
appropriate chief elected official (Chair of the Consortium). The plan shall be
consistent with the State plan. The last approval of a modification to the local
plan was finalized September 19, 2011. All future local plan updates and
modifications will follow the approval process requirements of the amended
Interlocal Agreement.
• Provides for approval requirements for the annual budget of the SFWDB by the
Consortium, including timeframes for approval, written objections, and
requirements for meeting of the Consortium. The Program Year July 1, 2012
through June 30, 2013 budget was transmitted to members in a letter dated May
17, 2012 and received May 21 by Collier County Board of County Commissioners
Chair Fred W. Coyle. Review and direction on this budget will occur under a
separate agenda item, which is a companion to this item.
• Provides for extension of the amended Interlocal Agreement through June 30,
2016 and automatic 5 -year term renewals unless notification of intent not to renew
is provided by any party within specified timeframes.
An original copy of the proposed amendment is attached, as well as a
strikethrough /underscored version showing the proposed changes. Each County Chair or
designee will continue to be responsible for making his/her County's private sector
appointments, in accordance to the Act, as amended, to the local SFWDB. The last
Collier County appointments were approved by the Board on September 13, 2011. (Item
16H2)
FISCAL IMPACT: There is no direct fiscal impact associated with this Executive
Summary, as the programs provided by the SFWDB are funded by State and Federal
grants.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
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6/12/2012 Item 16.A.25.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote
for approval —SRT
RECOMMENDATION: That the Board of County Commissioners approve the
Workforce Investment Act Second Amended and Restated Interlocal Agreement for the
Southwest Florida Job Training Consortium.
Prepared by: Amy Patterson, Impact Fee & Economic Development Manager
Attachments:
1. 2005 Interlocal Agreement
2. Proposed Workforce Investment Act Second Amended and Restated
Interlocal Agreement for the Southwest Florida Job Training Consortium
(Original)
3. Proposed Workforce Investment Act Second Amended and Restated
Interlocal Agreement for the Southwest Florida Job Training Consortium
(Underline and strikethrough/underscored versions).
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6/12/2012 Item 16.A.25.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25.
Item Summary: Recommendation to approve the Workforce Investment Act Second
Amended and Restated Interlocal Agreement for the Southwest Florida Job Training
Consortium.
Meeting Date: 6/12/2012
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, CMO
6/1/2012 7:29:20 AM
Submitted by
Title: Executive Secretary to County Manager, CMO
Name: BrockMaryJo
6/1/2012 7:29:21 AM
Approved By
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 6/1/2012 7:59:48 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 6/1/2012 1:22:56 PM
Name: PattersonAmy
Title: Manager - Impact Fees & EDC,Business Management &
Date: 6/4/2012 9:48:45 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 6/4/2012 10:15:22 AM
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Name: KlatzkowJeff
Title: County Attorney
Date: 6/4/2012 11:34:10 AM
Name: SheffieldMichael
6/12/2012 Item 16.A.25.
Title: Manager- Business Operations, CMO
Date: 6/4/2012 3:30:03 PM
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6/12/2012 Item 16.A.25.
WORKFORCE INVESTMENT ACT
SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT
FOR THE
SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM
This Second Amended and Restated Interlocal Agreement (this "Ameement ") is made
and entered into 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, 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 z. and
mil;
WHEREAS, the counties of Charlotte, Collier, Glades, Hendry, and Lee 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 #a
beefi vas approved by the cGovernor to continue under the Workforce
Investment Act; and
WHEREAS, the five participating 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 tke- Southwest Florida Workforce Development Board, Inc. ( "SFWDB ") was
formed, and continued under that agreement; ( "Ori��final It�tcrlocal lgreement ") and
WHEREAS. subsequent to the Original Interlocal ��greement the five Participating
counties entered into that certain Workforce Investment Act Interlocal Agreement for the
Southwest Florida Job Training Consortium dated as of July 1, 2005 ( "WIA Interlocal
Aweement "). This ACreement is intended to be an amendment and restatement of the WIA
Interlocal Agreement, and
WHEREAS. SFWDB is in existence and operational with respect to the Region 24
Workforce Investment Area: and
WHEREAS, the Region 24 Workforce Investment Area is required to submit a
Workforce Investment Act local plan pursuant to Section 118 of the Act; and
WHEREAS. Section 163.01 Florida Statutes, known as the Florida Interlocal
Coo €aeration Act of 1969 nennits local govermnental units to make the most efficient use of
their powers by enabling, them to cooperate with ether localities on a basis of mutual advantage
and thereby Provide services and facilities in a manner and pursuant to forms of govenimental
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6/12/2012 Item 16.A.25.
organization that will accord best with geographic, economic, population, and other factors
influencino the needs and development of local communities: and
WHEREAS. the Boards of County Commissioners for Charlotte, Collier. Glades,
Hendry.. and Lee Counties find this I:nterlocal 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 parties agree
as follows:
I. Continuation of the Southwest Job Training Consortium.
A. I;., �
3-� 7fConsistent with the ear-lie rOriginal Interlocal Agreement, the
participating five counties agree to accept the Qavemor-'sGovernor's
designation of the five county local area as Workforce Investment Area for
Region 24 for purposes of programs promulgated under the Act..
B. By virtue fConsistent with the ea4- ie+Orighial. Interlocal Agreement, the five
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 select 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. `aeetionSections 117, 118, and 121 of the Workforce Investment Act lithe "Act")
are hereby incorporated within this Agreement as i4ifset out herein.
B. The Consortium shall request any change in the number of local board members
of the :. ' .. h .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 the membership
represent the private sector.
C. Each County Chair, or designee Commissioner, shall be responsible for making
his/her County's private sector appointments for board members of SFWDB, in
accordance with the Act, to the Board for the participating counties. The
nomination process for these appointments must adhere to the following criteria:
Representatives of business in the local area who are owners of
businesses, chief executives or operating officers of business, and other
2
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6/12/2012 Item 16.A.25.
business executives or employers with optimum policymaking or hiring
authority;
2. Representatives of businesses with employment opportunities that reflect
the employment opportunities of the local 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 for board members
of SFWDB shall be as follows:
1. Private sector representatives shall be selected from among individuals
nominated by general purpose business organizations after consulting with
and receiving recommendations from other business organizations in the
workforce development region.
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 nominations, and the individuals selected from such nominations,
shall reasonably represent the industrial and demographic composition of
the business community.
4. The Chair of the Southwest Fletida j�ee' Dever m t I SFWDB
is selected from the private- for - profit sector.
E. Ensure through its appointments that the Setithwest Florida Developinent
Beaf board membership of' SFWDB includes required public sector
representatives, as required under the Act and State of Florida definitions,
regardless of County, with optimum policyrnaking authority within the
organizations, agencies, or entities:
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;
3
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6/12/2012 Item 16.A.25.
2. Representatives of labor organizations, nominated by local federations, or
(for a local area in which no employees are represented by such
organizations), other representatives of employees;
Representatives of community -based organizations (including
organizations representing individuals with disabilities and veterans, for a
local area in which such organizations are present);
4. Representatives of economic development agencies;
Representatives of each of the one -stop partners; and
May include such other individuals or representatives of entities as the
chief elected official(s) in the local area may determine appropriate.
F. Share with the Southwes� Flef-idei 34`or4iforee D l * Pear-'SFWDB the
responsibility for the following:
-- aPfgr- 33di}1— Of the -- laea%���E3i �fH$' yelopiiient Bafffd aasge, sts fig44 E
with toe Plan-,
Approval of the local plan or modification of the local plan described
under Section 118 of the .pct 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 sane
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 copv of the local plan to both
the Chair and the county adfninistrator or county manager, as applicable
for each of the participating counties. The local12.lan submitted to the
Consortium for approval under this section shall be deemed approved by
the Consortium at the end of the sixty (b0) 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 Revie,,N 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
coiTespondence ("Requested Plan Review Period ") In the event the
Consortium does not take action to api disapprove the local plan
S
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6/12/2012 Item 16.A.25.
for anv reason prior to the expiration of the Requested Plan Review
Period. the local plan shall be deemed &iproved. by the Consortium;
•_ Approval of the annual budget of SFWDB for purposes of carrying; out the
duties of SFWDB pursuant to Section 118 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 copv of the budget to both the Chair and the county
administrator or county manager, as applicable. for each of the
tici
ap I�pating counties. The bud-()-et 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 Bud {get Review Period of either an
objection to the 'budget or that it has requested a meeting of the
Consortium to revicwv the bud(-Yet. If anv member of the Consortium
provides such written notice to SFWDB. a meeting of the Consortium
shall be called for the piirpose of reviewing the bUdget within thirty ( ')0)
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 bud get
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.
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 tefi+i&term of the Agreement shall commence on E)r fetf„aetive!! teUon. the
4m'- dayado tion of.;tily -?A this . areeT.nent by the last of'the participating counties and shall run
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6/12/2012 Item 16.A.25.
through June 30, 2007, an' thef &4ef2016. which date coincides with the next local plan
submittal date required under Section 1.18 of the Act. Thereafter the terns of this Agreement
shall automatically be renewed for the mates - of eae h A'ar— kfer-eeinvest-mentt Plansuccessive five -
veai• 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 an-ythe 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
pa ipatit ing counties.
IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the attached
pages.
PASSED AND DULY ADOPTED THIS =1-4} DAY OF J LY. 2005.
. 2012.
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Attest:
C
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
By:
Chair or Commissioner Designee
7
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Attest:
L-02
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
RIM
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Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
I
Attest:
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
0
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Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Attest:
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY, FLORIDA
10
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Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
IM
:rr� . •
11
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6/12/2012 Item 16.A.25.
M
Attest:
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
itz
12
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Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
6/12/2012 Item 16.A.25.
Attachment 3
WORUORCE VNESrMENT ACT
nnT&LoCALA.GRZZM3NT..
FORTSid
SOUTHWEST FLORIDA JOB TRADMG COMO$T1UM
This Apeernant is mdde and entered into between the Boards of County Commissioners for Charlotte,
Collier, odadea, HendD►,
and` Lee Cowmti6h .Political a<rbdivlaioua.,of the state of F16rlda, for
wgkm em of the Sotitirq Florida Job Tlainio8 Commtium...
BREAS. the Workforoa Investment A0t of 199g. beremaitw referred to'as the Act. fbderal
Public Law 105 -22% replaced the Job Training Putoerahfp Act as amended in 1996, and raatioctured a
multitude of woddorce developmad prugmu into ea intepiled wadd bWO i wwtmu t system and
a 2lmized the expenditure of Meral .flmds fore euowable arvioes and 9 ivitim is 10os1 >OddDrct
invwtmwn (davelopment) iress. end+• ,
WHBPJ AS, the counties of Charlotte, Collier, CHadea, Hcndry, and 'Lee were designated by the
Govemor of the Stdo of Florida, as recou AaM by the Jobs and Education Partnership in 1996, to
f0 m a five county, woaidorco development errs,., Region 24, and this designation has boas
autou"cony approved by the raiment Governor to coatiam nodw the wodd0rw rove WwW Ac,
WHBREAS, the five participating cotmties had pravioualy entered min as interlocad agreement
in 19% =00ng the Soudwest Fio6k Job Tudning Coffin and lied entered into agreement with s
Privatt bubutry Council acting as grant remPiemt and Aft inistmtiva ouity until such time as the
Southwest:, Florida Workforce Degdopmaod Board, Inc. was ,firmed, and coatinued under that
WHBREAS, the Region 24 Workforce iavesttnart Area is required to submit a WmidDrco
Investment Act plan petauant to Section 118 of the Ant,
NOW Iii W0I,B, M ooasidaation of the mu4ml pavenzaU havh4 the paws agrw as
ffluow::
L Continuation of lie Southwest Job TvAning Consortium.
A Hy virhre of the earlier btesiood Agroemem, the participates five counties agree to
accept the povemoee designai on of the five omcq 10011 area as Workfbme
laveswwa Area for Region 24 for purposes of pmgrsms promulgsbcil under the Act
B. By *bw of the earlier We docei Agrt=M4 the five'00tm6as agree to continue the
Southwest Florida Job .Training Consortium ( the "ConsM=") which is owgmed of
the Chief Local Blected Official ( Chair) $oar each of the participating C 1ty
Commisnow 1 Pf a dadpee; who arum be as elected County ConrmifSkm r• ThOw fiVe
Chain will ,dent one member of the CmaOrtimp to aerw as Chair of the Consortium
This ponlion°imay then rotate each year .socoiding to p wades developed by the
Consortium.
11 Authority and Rawalbilities of the Southwest Florida Job Training Coaeortium.
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6/12/2012 Item 16.A.25.
A Station 117, 11,18, and 121 of the WoeAhm investment Act is hereby iaootporwed
witbin this 4greement as is sot out herdn.
8. The Consortium shall r qwk pay chaaga in the mrmber of local board members of the
Souhwedt Florida Workforce havelopment Board, Ida: -that Will repeaennt each =Urty,
identify which sector they will represent, identify the knob of term, and request
oectif cation from the Governor d odd day chant to the taiinnt repraeantation be
requited, anting that S 1 % of the rnembtxsbip represent tba private sector.
C. PA& County Chair, or dwi pw Commissioner, shall be respamaible for making hisftr
Couaty's private sector appointments, in awardmee With the Act, to the Board for the
Fadicipeting counties. The nomination pwwa —for tbese appointments must adhere to
the Sallowing cdtaris:
1. Repreeantatives of business in the local are who are owners of bushumes, chief
cz#PWvea or opwating officers ` of business, wand, other business executives or
e111610ytas with optimtan policymaking or lacing authority; .
2. ReAmeatedvas of businesses with employment oppmtmitiea that refiled cite
mrpioym W Opportunities of the local area, tad
3. RePmeatatives are appointed from sozong individuals nominated by local bins
organizations and business trade associations.
D, The namiaation process for these private sector appofigmants shall be as follow,:
1. Private sector representatives shell be selected fmm among individuals norruinated
by general purpose business organizations after consulting with and reodving
r000aammtilfW= frame other business orb m the Workorce development
region.
2. general purpose bwiaesa organizations art defined as tit worganizedons which
atirgit to membership day fo -poflt busineae operation wit m the workibrce
development region, or any entity 9rct rte zwents or nerved as an urnbr7alla
organization that includes membership from for-proAt bu sumeses.
3- SWh ot"6 and the individuate eolooted !'irons each ncurduationg, shall
reasonably reptana t the industrial and damogmpNc composition of the buaiaoss
oorrannnity. .
4. The ChAir of the Southwest Florida Workforce Dwdoprumt Hoard, Inc. to selected
fta ire puVetafor -profit sector.
B Braun though its appoiMmmum that the Southwest Florida Woddorco Developmeat
Board indtrdea required public sex tot :t+apaaantatives, as required under the Aa and
State of Florida definttleaur, regardless of County, with optimum poiicymaking authority
widdn the oqpnizedons, agencies, or entities:
1. Rcpresltntatives of local educational entities, inchrding.lood educational agendas,
local admol boards, entities pwvidmg adult edeptiom and literacy aadvities, and
ad eucad mel ins (induding pgreemtatives of qty posteoana
caritigeB, where such entities exist), selected from among individuals nominated by
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6/12/2012 Item 16.A.25.
regional or local educational agonise, kodtations, or organizations reprftmWng
such local edueatipnal entities;
2. RWaseotadvea of labor otpubadous, nominated by local labor Werations, or
(ft a local Brae in which no employees are Mpmebed by such oWnizatione),
6i'ser rweeemmtives of elkiloyew,
3. RaFeeertWivas of o- -amity -based miudz9 ems = Cmcluft orpnha Iona
representing individuals with disabilities and veterans, for a load exec in which
such org nizatiams ate' pr caw%
4. LVressnat Ives of economic development agerrciee;
S. Respreaentedves of eacb of the One Stop partners; and
6. May include such o%w individuals or rcpreamtafives of eatities as the chief elected
officisl(s);n the local area may determiinav be appropriate
F. Share with the Southwest Florida woridoree Development Boerd the respoesr'bility for
the sollowing:
• approval of the woricftwCe Investment Act plan which ahahl be prepared £or the
Region by the dmpated edmioi h% ive entity, and paovided to the• addorce
Development Board and the Cdnsordum for joint approval;
approval of the local Wati fomoa Development Board budget submitted with the
�►: ovarsight of activities and services including designation, omtification, or
termination of one Stop.OPerat=
M. Terms of Agreement.
A. Ntrne of Ots parties hareto shall fie liable for any cW=, damages„ igjuries, kisses or
expeneos arising out of or rei ndting from any ad, omission, or nesiigmeo-of the others;
their officers. MVIOyvea or M01*, ribW to the parties' respective aatho=ities acid
responsibilities under.this Agreement `'
B. The teams'of the Agreement shell commence on or retroactively to the 1" day of July
2005. and shall run through Jpne 30, 2007, and theveatier shell mdomillioHy be
romw d for te dates of each W i ldoreb Investaw Plan, unless may penrty notifies the
ot$brs of its intemion not 1n renew at least 90 days prior to the eo*%tion of tine original
term or nay fte -yeat rwwwat term.
G Upon proper execution, the ` Agreement shall be legally valid end binding, and
supaveders other agra meats of the Southwest Florida Job Training C mortium. This
Agiaaamt shall be recorded in the public reoords of the counties of C dotte, CoMer,
Glades ,1 y, and IA&
D. This Agraement may be amended or modified upon ttw written request of any party
hereto. Any altersdons, mmendments, modification or waivm in the terms and
conditions 6f this Agrmnmt shall not be effective unless reduced to writing, approved
by all puts, signed by their duly authorized re muntatives and filed with the Clerics
of the Cbmdt Courts of the pattieipatiou counties.
IN WITNESS VIMMF, the patties have minted this Agreemad as indicated on the attached
Pages. PASSED AND DULY ADOPTED THIS le DAY OF JULY, 2005.
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6/12/2012 Item 16.A.25.
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BOARD•OF COUNTY COMMISSIONERS
COUNTY,.,'
OF CHARLOTTE
�A
A.
.
By ` '
Sara Dewa Chair
`ATTEST:
Barbera T. Soots, ClON of
CWm* Court and Ex -Officio
Clerk to the Board of County
Commissioners
B
Deputy Ciark
APPROVED AS TO FORM
AND I PEAL SUFFICIENCY:
�Ianette S. Knowlton, County Atio�mey
fit: C4 G S'. *I
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ATTEST.
Appmvea as m FO=
and r esli suffid
Aesi tAnt County Attorney
BOARD OF COUNTY COW"SIONM
OF COLLIBR COUNTY, FLORIDA
�'
Prod Coyle►
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6/12/2012 Item 16.A.25.
Attest:
By: APPROVED AS TO FORM AND
LEGAL SUFBIClENCY
By,
BOARD OF COUNrY COMMSIONERS
OF GLADES COUNTY, FLORIDA
By,
Signature of'CWdR OR CONAIISSIONER DESIGNEE
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I
6/12/2012 Item 16.A.25.
' ,�"ntusioiowWi
• � 1 t
rr s =
'%
gy. _ F(' nt Clef= of Gtr APPRO RM
LBQ
By:
BOARD OF COUNTY Col'S UMONERS
OF HBNDRY COUNTY, FLORIDA
Signamm of CHAIR OR CON901MONER DMONEE
Attwu
Packet Page- 1439
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6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF LM COUNTY. FLORIDA
sy:_
Sipifiue o CHAIR R C'AMMISSIO'NBR DBSIG4M
t
AtUe�st:
By : APPROVED AS OW AND
• ' ` SUFFI
By
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6/12/2012 Item 16.A.2
SOUTRWMT FLOPMA WORKFORCE b$VEWPMBNT BOARD, WC.
By:
(Nan adTom) K
i
:j
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6/12/2012 Item 16.A.25.
WORKFORCE INVESTMENT ACT
SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT
FOR THE
SOUTHWEST FLORIDA JOB TRAINING CONSORTIUM
This Second Amended and Restated Interlocal Agreement (this "Agreement ") is made
and entered into 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, 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 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 Act; and
WHEREAS, the five participating 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 five participating
counties entered into that certain Workforce Investment Act Interlocal Agreement for the
Southwest Florida Job Training Consortium dated as of July 1, 2005 ( "WIA Interlocal
Agreement "). This Agreement is intended to be an amendment and restatement of the WIA
Interlocal Agreement; and
WHEREAS, SFWDB is in existence and operational with respect to the Region 24
Workforce Investment Area; and
WHEREAS, the Region 24 Workforce Investment Area is required to submit a
Workforce Investment Act local plan pursuant to Section 118 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
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6/12/2012 Item 16.A.25.
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 parties agree
as follows:
Continuation of the Southwest Job Training Consortium.
A. Consistent with the Original Interlocal Agreement, the participating five
counties agree to accept the Governor's designation of the five county local
area as Workforce Investment Area for Region 24 for purposes of programs
promulgated under the Act.
B. Consistent with the Original Interlocal Agreement, the five 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 117, 118, and 121 of the Workforce Investment Act (the "Act ") are
hereby incorporated within this Agreement as if set out herein.
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
the membership represent the private sector.
C. Each County Chair, or designee Commissioner, shall be responsible for making
his/her County's private sector appointments for board members of SFWDB, in
accordance with the Act, to the Board for the participating counties. The
nomination process for these appointments must adhere to the following criteria:
Representatives of business in the local area who are owners of
businesses, chief executives or operating officers of business, and other
business executives or employers with optimum policymaking or hiring
authority;
2
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6/12/2012 Item 16.A.25.
2. Representatives of businesses with employment opportunities that reflect
the employment opportunities of the local 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 for board members
of SFWDB shall be as follows:
Private sector representatives shall be selected from among individuals
nominated by general purpose business organizations after consulting with
and receiving recommendations from other business organizations in the
workforce development region.
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 nominations, and the individuals selected from such nominations,
shall reasonably represent the industrial and demographic composition of
the business community.
4. The Chair of SFWDB is selected from the private- for - profit sector.
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 authority
within the organizations, agencies, or entities:
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;
2. Representatives of labor organizations, nominated by local federations, or
(for a local area in which no employees are represented by such
organizations), other representatives of employees;
3. Representatives of community -based organizations (including
organizations representing individuals with disabilities and veterans, for a
local area in which such organizations are present);
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6/12/2012 Item 16.A.25.
4. Representatives of economic development agencies;
Representatives of each of the one -stop partners; and
6. May include such other individuals or representatives of entities as the
chief elected official(s) in the local area may determine appropriate.
F. Share with SFWDB the responsibility for the following:
Approval of the local plan or modification of the local plan described
under Section 118 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. 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 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;
Approval of the annual budget of SFWDB for purposes of carrying out the
duties of SFWDB pursuant to Section 118 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. 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
4
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6/12/2012 Item 16.A.25.
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.
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 participating counties and shall run through June 30, 2016, which date
coincides with the next local plan submittal date required under Section 118 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 counties.
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6/12/2012 Item 16.A.25.
IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the attached
pages.
PASSED AND DULY ADOPTED THIS DAY OF , 2012.
Attest:
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
Chair or Commissioner Designee
Packet Page -1448-
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Attest:
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
lon
7
Chair. or Commissioner Designee
Packet Page -1449-
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
w
ATTEST:
Dwight E. Brock, Clerk of Courts
(SEAL)
Approved as to form and
legal sufficiency:
4.� "�
Scott R. Teach
Deputy County Attorney
8
6/12/2012 Item 16.A.25.
a
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fred W. Coyle, Chairman
Dated: June , 2012
Packet Page -1450-
Attest:
By:
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY, FLORIDA
0
0
Chair or Commissioner Designee
Packet Page -1451-
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Attest:
:
6/12/2012 Item 16.A.25.
BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
:
10
Packet Page -1452-
Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ma