Backup Documents 06/12/2012 Item #16A25ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO I 6A25
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print im pink paper .- AUtich to original document. Original documents ,hould he hand dclty cred to the Iloard Office. I he completed routin'-� dip and original
document, arc io he fonearded to the l3muzl OIlice ornh after the Board ha,, taken a: tirul on the item.
ROUTING SLIP
Complete routing lines #1 through #4 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 #I through #4, complete the checklist, and forward to Ian Mitchell (line #5).
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1
appropriate.
(Initial)
Applicable)
2.
June 12, 2012
Agenda Item Number
16A 25
3..
signed by the Chairman, with the exception of most letters, must be reviewed and signed
AP
4.
Interlocal Agreement
Number of Original
4
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Documents Attached
611-3 Jj
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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 need to contact staff for additional or missing information. All original
documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.)
Name of Primary Staff
Amy Patterson
Phone Number
252 -5721
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
June 12, 2012
Agenda Item Number
16A 25
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
AP
Type of Document
Interlocal Agreement
Number of Original
4
Attached
resolutions, etc. signed by the County Attorney's Office and signature pages from
Documents Attached
INSTRUCTIONS & CHECKLIST
mse return all
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
AP
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
NA
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
AP
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
AP
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
AP
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
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!
6.
The document was approved by the BCC on 6/12/2012 (enter date) and all changes
AP
N/A is io1
made during the meeting have been incorporated in the attached document. The
an`optiono
County Attorney's Office has reviewed the changes, if applicable.
line 6
mse return all
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
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MEMORANDUM
Date: June 14, 2012
To: Amy Patterson
Impact Fee Manager
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Workforce Investment Act Second Amended and Restated
Interlocal Agreement for the Southwest Florida Job Training
Consortium
Enclosed for your records you will find eight (8) originals of the document
referenced above (Agenda Item #16A25) which was approved by the Board of
County Commissioners on Tuesday, June 12, 2012.
Please forward on for additional signatures and return a fully executed
original back to the Minutes & Records Department to be kept in the
Board's Official Records.
If you have any questions, please call me at 252 -8411.
Thank you.
Enclosure
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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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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:
I. 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:
1. 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;
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2. Representatives of businesses with employment opportunities that reflect
the employment opportunities of the local area; and
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.
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;
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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4. Representatives of economic development agencies;
5. 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 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
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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.
IN WITNESS WHEREOF, the parties have executed this Agreement as indicated on the attached
pages.
PASSED AND DULY ADOPTED THIS DAY OF , 2012.
Attest:
6
BOARD OF COUNTY COMMISSIONERS
OF LEE COUNTY, FLORIDA
I
Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
LIM
6gz5
16A25
BOARD OF COUNTY COMMISSIONERS
OF CHARLOTTE COUNTY, FLORIDA
Attest:
Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
ATTEST:
DwA 1` rE..BrqcJq
of Courts
�OA-)
Atha ire" 4
Approved as to form and
legal sufficiency:
-i / /. I
Scott R. Teach
Deputy County Attomey
8
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
f
By: W.
Fred W. Coyle, Chairman
Dated: June 12 , 2012
Attest:
IA
0
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BOARD OF COUNTY COMMISSIONERS
OF GLADES COUNTY, FLORIDA
fIn
Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
al
Attest:
IN
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BOARD OF COUNTY COMMISSIONERS
OF HENDRY COUNTY, FLORIDA
By:
Chair or Commissioner Designee
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY