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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 1 6 K 3 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 1 16K3 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 2 1 6 K 3 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: 3 Clo) 16K3 1. Shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees; 2. Shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists; 3. May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and 4. May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. A nominee meeting the foregoing criteria for a Labor/Training Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. E. Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of entities administering education and training activities(each, an "Educational Representative") in the Workforce Development Area, who: 1. Shall include a representative of eligible providers administering adult education and literacy activities under 29 U.S.C. §3271 et seq.; 2. Shall include a representative of institutions of higher education providing workforce investment activities(including community colleges); 3. May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. For purposes of this Section,the Chair of the Alliance of Educational Leaders shall be approved as an Educational Representative meeting the requirements of this subsection. Any other nominee meeting the foregoing criteria for an Educational 4 1 6 K 3 Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. F. Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of governmental and economic and community development entities (each, a "Government/Economic Development Representative") in the Workforce Development Area, who: 1. Shall include a representative of economic and community development entities; 2. Shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act(29 U.S.C. §49 et seq.)serving the Workforce Development Area; 3. Shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. § 720 et seq.), other than section 112 or part C of that title (29 U.S.C. § 732, 741),serving the Workforce Development Area; 4. May include representatives of agencies or entities administering programs serving the Workforce Development Area relating to transportation, housing, and public assistance; and 5. May include representatives of philanthropic organizations serving the Workforce Development Area. A nominee meeting the foregoing criteria for a Government/Economic Development Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. G. The board of SFWDB may include such other individuals or representatives of entities as the Consortium may determine from time to time to be appropriate. H. The Consortium shall share with SFWDB the responsibility for the following: 1. Approval of the local plan or modification of the local plan described under Section 108 of the Act for Region 24 pursuant to the following procedure. SFWDB shall prepare and adopt the proposed local plan (or modification, as applicable) as required by the Act and transmit the same to the Consortium for its approval prior to submission of the local plan to the Governor pursuant to the Act and Florida law. Transmission of the local plan shall be by sending or delivering a copy of the local plan to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The local plan submitted to the Consortium for 5 1 6 K 3 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; 6 1 6 K 3 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 7 09O. 1 6 K 3 Requested One-Stop Action Review Period,the One-Stop Operator Action shall be deemed approved by the Consortium; and 5. Oversight of the one-stop delivery system in the Workforce Development Area. III. Terms of Agreement. A. None of the parties hereto shall be liable for any claims, damages, losses or expenses arising out of or resulting from any act,omission,negligence of the others,their officers, employees or agents, related parties' respective authorities and responsibilities under this Agreement. B. The term of the Agreement shall commence upon the adoption of this Agreement by the last of the Counties and shall run through June 30,2022,which date coincides with the next local plan submittal date required under Section 108 of the Act. Thereafter the term of this Agreement shall automatically be renewed for successive five-year terms,unless any party notifies the others of its intention not to renew at least ninety(90)days prior to the expiration of the original term or the then-current five-year renewal term. C. Upon proper execution, the Agreement shall be legally valid and binding, and supersedes other agreements of the Southwest Florida Job Training Consortium. This Agreement shall be recorded in the public records of the counties of Charlotte, Collier, Glades, Hendry, and Lee. D. This Agreement may be amended or modified upon the written request of any party hereto. Any alterations, amendments, modification or waivers in the terms and conditions of this Agreement shall not be effective unless reduced to writing,approved by all parties,signed by their duly authorized representatives and filed with the Clerks of the Circuit Courts of the Counties. (Remainder of page intentionally left blank. Signatures commence on the next page.) 8 1 6 K 3 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 9 0 1 6 K 3 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: 10 16K3 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 11 1i6K3 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: 12 c9D 16K3 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: 13 161( 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 1 ;O 1 6 K 3 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 2 1 6 K 3 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: 3 O 1 6 K3 1. Shall include representatives of labor organizations (for a local area in which employees are represented by labor organizations), who have been nominated by local labor federations, or (for a local area in which no employees are represented by such organizations) other representatives of employees; 2. Shall include a representative, who shall be a member of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in the area, such a representative of an apprenticeship program in the area, if such a program exists; 3. May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment needs of individuals with barriers to employment, including organizations that serve veterans or that provide or support competitive integrated employment for individuals with disabilities; and 4. May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth. A nominee meeting the foregoing criteria for a Labor/Training Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. E. Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of entities administering education and training activities (each, an "Educational Representative") in the Workforce Development Area, who: 1. Shall include a representative of eligible providers administering adult education and literacy activities under 29 U.S.C. § 3271 et seq.; 2. Shall include a representative of institutions of higher education providing workforce investment activities (including community colleges); 3. May include representatives of local educational agencies, and of community-based organizations with demonstrated experience and expertise in addressing the education or training needs of individuals with barriers to employment. For purposes of this Section,the Chair of the Alliance of Educational Leaders shall be approved as an Educational Representative meeting the requirements of this subsection. Any other nominee meeting the foregoing criteria for an Educational 4 0 16 K3 Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. F. Pursuant to Section 107 of the Act, the board of SFWDB shall include representatives of governmental and economic and community development entities (each, a "Government/Economic Development Representative") in the Workforce Development Area, who: 1. Shall include a representative of economic and community development entities; 2. Shall include an appropriate representative from the State employment service office under the Wagner-Peyser Act(29 U.S.C. §49 et seq.)serving the Workforce Development Area; 3. Shall include an appropriate representative of the programs carried out under title I of the Rehabilitation Act of 1973 (29 U.S.C. § 720 et seq.), other than section 112 or part C of that title (29 U.S.C. § 732, 741), serving the Workforce Development Area; 4. May include representatives of agencies or entities administering programs serving the Workforce Development Area relating to transportation, housing, and public assistance; and 5. May include representatives of philanthropic organizations serving the Workforce Development Area. A nominee meeting the foregoing criteria for a Government/Economic Development Representative shall be presented by SFWDB to the Chair of the Consortium for approval by the Chair prior to being seated as a board member of SFWDB. G. The board of SFWDB may include such other individuals or representatives of entities as the Consortium may determine from time to time to be appropriate. H. The Consortium shall share with SFWDB the responsibility for the following: 1. Approval of the local plan or modification of the local plan described under Section 108 of the Act for Region 24 pursuant to the following procedure. SFWDB shall prepare and adopt the proposed local plan (or modification, as applicable) as required by the Act and transmit the same to the Consortium for its approval prior to submission of the local plan to the Governor pursuant to the Act and Florida law. Transmission of the local plan shall be by sending or delivering a copy of the local plan to both the Chair and the county administrator or county manager, as applicable, for each of the Counties. The local plan submitted to the Consortium for 5 �'J 1 6 K3 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; 6 16K3 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 7 16K3 Requested One-Stop Action Review Period,the One-Stop Operator Action shall be deemed approved by the Consortium; and 5. Oversight of the one-stop delivery system in the Workforce Development Area. III. Terms of Agreement. A. None of the parties hereto shall be liable for any claims, damages, losses or expenses arising out of or resulting from any act, omission,negligence of the others,their officers, employees or agents, related parties' respective authorities and responsibilities under this Agreement. B. The term of the Agreement shall commence upon the adoption of this Agreement by the last of the Counties and shall run through June 30, 2022,which date coincides with the next local plan submittal date required under Section 108 of the Act. Thereafter the term of this Agreement shall automatically be renewed for successive five-year terms,unless any party notifies the others of its intention not to renew at least ninety(90)days prior to the expiration of the original term or the then-current five-year renewal term. C. Upon proper execution, the Agreement shall be legally valid and binding, and supersedes other agreements of the Southwest Florida Job Training Consortium. This Agreement shall be recorded in the public records of the counties of Charlotte, Collier, Glades, Hendry, and Lee. D. This Agreement may be amended or modified upon the written request of any party hereto. Any alterations, amendments, modification or waivers in the terms and conditions of this Agreement shall not be effective unless reduced to writing,approved by all parties, signed by their duly authorized representatives and filed with the Clerks of the Circuit Courts of the Counties. (Remainder of page intentionally left blank. Signatures commence on the next page.) 8 16K3 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 -� / b.„..,j 12 16K3 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