HomeMy WebLinkAboutExhibit 1TRUST FUND RELEASE
AND DISBURSAL AGREEMENT
I. Parties
This Trust Fund Release And Disbursal Agreement ("Agreement") is entered into by,
between, and among Miami -Dade County, Monroe County, the City of Miami, the City of
Hialeah, and the City of Miami Beach, the former member jurisdictions of the South Florida
Employment and Training Consortium ("SFETC") and the State of Florida Agency for
Workforce Innovation ("Agency").
II. Preamble
A. Whereas, on July 2, 2008 the former member jurisdiction of the South Florida
Employment and Training Consortium ("SFETC") entered into a Settlement Agreement
with the State of Florida Agency For Workforce Innovation ("the Agency"), a copy of
which is attached hereto as Exhibit "A" and incorporated herein by reference hereto; and
B. Whereas, the Agency has certified that the Agency has received all of the sum of
$343,688.00 in disallowed costs pursuant to the aforesaid Settlement Agreement by letter
dated October 21, 2008, a copy of which is attached hereto as Exhibit "B" and
incorporated herein by reference hereto; and
C. Whereas, the staff of former member jurisdiction Miami -Dade County has successfully
obtained repayment of the disallowed costs associated with Finding CF2005-6 from all
but one of the former service providers of the SFETC, to wit, Catholic Charities of the
Archdiocese of Miami, Inc., in the amount of $48,967.00; and
D. Whereas, the repayment of the aforesaid disallowed costs is the total sum of $305,077.50;
and
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PST'3l 4
E. Whereas, the staff of former member jurisdiction Miami -Dade County deposited the
aforesaid sum of $305,077.50 in a special Miami -Dade County Trust Fund No.
643TSF/643001; and
F. Whereas, this special Miami -Dade County Trust Fund No. 643TSF/643001 has earned
interest in the amount of $10,816.87 as of July 2008; and
G. Whereas, the work of the staff of former member jurisdiction Miami -Dade County to
obtain repayment of the disallowed costs has been voluntary and uncompensated by the
other four former member jurisdictions of the SFETC; and
H. Whereas, pursuant to 29 Code of Federal Regulations 97.2(i), all interest earned on the
repayment amount of $305,077.50 is required to be paid to the Agency; and
1. Whereas, the Consortium Agreement, effective July 1, 2004 and expiring on June 30,
2006 was silent concerning the allocation of the repayment amount of $305,077.50
among the five former member jurisdictions of the SFETC and state and federal law and
regulations are silent as well.
III. Terms And Conditions
Now, Therefore, in consideration of the mutual promises, covenants, and obligations set
forth below and for other good and valuable consideration as stated herein, the parties hereto
agree as follows:
1. All of the representations and statements in the Preamble, Paragraphs A. through
and including I., herein, are true and correct and all of same are incorporated herein by reference
hereto as if fully set forth herein.
2. Miami -Dade County shall and is hereby authorized and directed to release and
disburse the principal amount of $305,077.50 from Miami -Dade County Trust Fund No.
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643TSF/643001 in accordance with the percentages for financial liability set forth in the
aforesaid Consortium Agreement not later than forty-five (45) days after the effective date of this
Trust Fund Release And Disbursal Agreement as follows:
a. 42.2% to Miami -Dade County, to wit, $128,742.71;
b. 33.3% to the City of Miami, to wit, $101,590.81;
C. 11.1% to the City of Hialeah, to wit, $33,863.60;
d. 6.7% to Monroe County, to wit, $20,440.19; and
e. 6.7% to the City of Miami Beach, to wit, $20,440.19.
3. In the event that any of the five former member jurisdictions of the SFETC obtain
or receive repayment of the sum of $48,967.00 from Catholic Charities of the Archdiocese of
Miami, Inc., or any portion thereof, at any time, then the former member jurisdiction of the
SFETC obtaining or receiving such repayment, or any portion thereof, shall and is hereby
authorized and directed to release and disburse the aforesaid sum of $48,967.00, or any portion
thereof, so obtained or received, to the five former member jurisdictions of the SFETC in
accordance with the percentages set forth in 2.a., b., c., d. and e. hereinabove, not later than sixty
(60) days from the date of receipt of the repayment, or any portion thereof, by the former
member jurisdiction of the SFETC. Interest earned on the aforesaid sum, or on any portion
thereof, if any, shall be and is hereby authorized and directed to be released and disbursed by the
former member jurisdiction of the SFETC to the State of Florida Agency for Workforce
Innovation not later than ninety (90) days from the date of receipt of the repayment, or any
portion thereof, by the former member jurisdiction of the SFETC.
4. Miami -Dade County shall and is hereby authorized and directed to release and
disburse all of the interest earned on the principal sum of $305,077.50 in Miami -Dade County
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Trust Fund No. 643TSF/643001 not later than ninety (90) days after the effective date of this
Trust Fund Release And Disbursal Agreement to the State of Florida Agency for Workforce
Innovation.
5. The parties hereto stipulate and agree that this document represents the entire
agreement by, between, and among the parties hereto concerning this subject matter and that the
provisions contained herein may not be modified without the express written consent of all of the
parties hereto.
6. In the event of any litigation arising out of this Agreement, this Agreement shall
not be construed in favor of or against any party by reason of the document's process or manner
of preparation.
7. This Agreement shall be effective on the date of signature of the last signatory to
this Agreement ("Effective Date"), to wit, the date that all of the parties hereto have executed
this Agreement. Facsimiles of signatures shall constitute, binding signatures for purposes of this
Agreement. This Agreement shall be signed in counter -part originals by each and all of the
parties hereto and each such counter -part original shall be deemed an original for all purposes.
Each such counter -part original of each of the parties hereto shall be executed by the duly
authorized officer of the respective party hereto.
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IN WITNESS HEREOF, THE DULY AUTHORIZED REPRESENTATIVES
OF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT:
FORMER MEMBER JURISDICTIONS OF THE
SOUTH FLORIDA EMPLOYMENT AND TRAINING CONSORTIUM
DATED: BY:
DATED: BY:
DATED: BY:
Miami -Dade County
Print Name and Title:
Approved as to form and legal sufficiency by
County Attorney
Monroe County
Print Name and Title:
Approved as to form and legal sufficiency by
County Attorney
City of Miami
Print Name and Title:
Approved as to form and legal sufficiency by
City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
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DATED: BY:
DATED: BY:
City of Hialeah
Print Name and Title:
Approved as to form and legal sufficiency by
City Attorney
City of Miami Beach
Print Name and Title:
Approved as to form and legal sufficiency by
City Attorney
AGENCY FOR WORKFORCE INNOVATION
DATED: BY:
BARBARA K. GRIFFIN, DEPUTY DIRECTOR
Agency for Workforce Innovation
Approved as to form and legal sufficiency:
JAMES E. LANDSBERG, ASSISTANT GENERAL COUNSEL
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