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Home My WebLink AboutExhibit 2SETTLEMENT AGREEMENT I. PARTIES This Settlement 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, former member jurisdictions of the South Florida Employment and Training Consortium ("SFETC") and the State of Florida Agency for Workforce Innovation ("the Agency"). II. PREAMBLE A. WHEREAS, Miami -Dade County, Monroe County, the City of Miami, the City of Hialeah, and the City of Miami Beach entered into a Consortium Agreement effective July 1, 2004 and expiring on June 30, 2006; and B. WHEREAS, the aforesaid Consortium Agreement created the South Florida Employment and Training Consortium ("SFETC'); and C. WHEREAS, the Chief Elected Officials of the aforesaid former member jurisdictions of the SFETC served as the Chief Elected Officials for Region 23 of the State of Florida pursuant to the federal Workforce Investment Act of 1998 and state law; and D. WHEREAS, Paragraph 11 of the aforesaid Consortium Agreement states: 11. Each member jurisdiction of the Consortium agrees to promptly contribute to any SFETC liability incurred under this Agreement as follows: a. No liability shall be paid by any Consortium member or by the SFETC unless ordered by a court of competent jurisdiction or other superior state or federal government entity or unless otherwise agreed by affirmative vote of the SFETC Board. The majority vote necessary to approve payment of any financial claim or financial liability shall include the vote of either the City of Miami or Miami -Dade County to be effective. b. Costs and other expenses disallowed by the state or federal government or by the SFETC/SFW Boards with respect to contracts between the SFETC/SFW Boards and an individual Consortium member jurisdiction for the provision of workforce services shall be paid by EXHIBIT A and shall be the financial liability solely of the same individual Consortium member jurisdiction. C. Costs and other expenses disallowed with respect to contracts between SFETC/SFW Boards and any service providers or caused by SFW staff errors shall be paid by and shall be the financial liability of: Miami -Dade County 42.2% Miami, City of 33.3% Hialeah, City of 11.1% Miami Beach, City of 6.7% Monroe County 6.7% TOTAL 100% ; and E. WHEREAS, the Agency, a superior state governmental entity, sent a Management Decision to the South Florida Workforce Board dated September 27, 2006, pertaining to an audit of federal funds awarded through the Agency for the Year Ended June 30, 2005, which states in pertinent part: "AWI has established a debt for the disallowed costs associated with Finding CF 2005-6 in the amount of $651,282. This debt must be repaid to AWI using a non -Federal funding source. We request that this payment is made by December 31, 2006."; and F. WHEREAS, Finding CF 2005-6 found unjustified prepaid transportation costs in the amount of $651,282.00 for three programs: U.S. Department of Labor, passed through the Agency, WIA Cluster; U.S. Department of Health and Human Services, passed through the Agency, Temporary Assistance for Needy Families; U.S. Department of Health and Human Services, passed through the Florida Department of Children and Families, Refugee and Entrant Assistance Program; and G. WHEREAS, the Agency determined that under OMB Circular A-133 Allowable Costs/Cost Principles, costs must be documented in accordance with OMB Circular A-102 Common Rule for State, Local, and Indian Tribal Governments to a point where costs can be determined to be allowable or not; and H. WHEREAS, Section 29 U.S.C.A. 2832(3)(B)(i)(1) provides that the Chief Elected Official(s) shall serve as the local grant recipient and shall be liable for any misuse of the federal grant funds; and 1. WHEREAS, 20 CFR Section 667.705 provides that the grant recipient is responsible for all federal funds under its grant(s) and that the political jurisdictions) of the Chief Elected Official(s) is liable for any misuse of the grant funds allocated to the local area: and -2- J. WHEREAS, the aforesaid former member jurisdictions of the SFETC have provided to the Agency additional documentation related to the disallowed costs, and the Agency has reviewed this documentation and determined that the aforesaid former member jurisdictions of the SFETC have justified $307,594.00 of the disallowed costs. III. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of mutual promises, covenants, and obligations set forth below, and for good and valuable consideration as stated herein, the parties agree as follows: 1. The aforesaid former member jurisdictions of the SFETC agree to repay the amount of $343,688.00 in disallowed costs to the Agency, from a non-federal funding source within thirty (30) days from the date of execution of this Settlement Agreement by all parties. Along with the payment, the aforesaid former member jurisdictions of the SFETC shall provide a schedule, which sets forth the grant, grant amount, and grant year for the repayment costs of $343,688.00. a. In accordance with Paragraph 11.b. of the Consortium Agreement, the City of Hialeah shall pay the Agency For Workforce Innovation the sum of $575.00 from a non-federal funding source not later than thirty (30) days from the date of execution of this Settlement Agreement by all parties. b. In accordance with Paragraph 11.c. of the Consortium Agreement, Miami -Dade County shall pay the Agency For Workforce Innovation the sum of $144,793.68 (derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of $343.113.00 by 42.2%) from a non-federal funding source not later than thirty (30) days from the date of execution of this Settlement Agreement by all parties. C. In accordance with Paragraph 11.c. of the Consortium Agreement, the City of Hialeah shall pay the Agency For Workforce Innovation the sum of $38,085.54 (derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of $343,113.00 by 11.1%) from a non-federal funding source not later than thirty (30) days from the date of execution of this Settlement Agreement by all parties. d. In accordance with Paragraph 11.c. of the Consortium Agreement, the City of Miami shall pay the Agency For Workforce Innovation the sum of $114,256.62 (derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of $343,113.00 by 33.3%) from a non-federal funding source not later than thirty (30) days from the date of execution of this Settlement Agreement by all parties. e. In accordance with Paragraph 11.c. of the Consortium Agreement, Monroe County shall pay the Agency For Workforce Innovation the sum of $22,988.57 (derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of $343.113.00 by 6.7%) from a non-federal funding source not later than thirty (30) days from the date of execution of this Settlement Agreement by all parties. -3- f. In accordance with Paragraph 11.c. of the Consortium Agreement, the City of Miami Beach shall pay the Agency For Workforce Innovation the sum of $22,988.57 (derived by subtracting $575.00 from $343,688.00 and multiplying the resulting sum of $343,113.00 by 6.7%) from a non-federal funding source not later than thirty (30) days from the date of execution of this Settlement Agreement by all parties. 2. The aforesaid former member jurisdictions of the SFETC and the Agency acknowledge hereby that the U.S. Department of Labor and the U.S. Department of Health and Human Services have the authority to demand repayment of misused federal funds from the recipients of those funds. The aforesaid former member jurisdictions of the SFETC agree that if either the U.S. Department of Labor or the U.S. Department of Health and Human Services requires either the Agency or the aforesaid former member jurisdictions of the SFETC to repay federal funds related to Final Management Decision Finding CF 2005-6, the aforesaid former member jurisdictions of the SFETC shall fully indemnify the Agency for the entire amount of such a repayment, to wit. the balance of $307,594.00. 3. The parties also acknowledge that U.S. Department of Labor or the U.S. Department of Health and Human Services may require the repayment of prepaid transportation costs in addition to the amount that is the subject of this Settlement Agreement. If either the U.S. Department of Labor or the U.S. Department of Health and Human Services requires either the Agency or the aforesaid former member jurisdictions of the SFETC to repay these federal funds, the aforesaid former member jurisdictions of the SFETC will indemnify the Agency for any disallowed costs attributable to SFETC. 4. Upon execution of this Settlement Agreement by all parties, the parties shall file a Joint Notice of Settlement and Voluntary Dismissal of DOAH Case No. 06-4333. 5. The parties hereto stipulate and agree that this document represents the entire agreement by, between, and among them and that the provisions contained herein may not be changed or altered without the express written consent of all of the parties. 6. All of the parties hereto participated in the preparation of this stipulation and Settlement Agreement, and in the process of preparation thereof, each and all of the parties acknowledge hereby that each party was fully and adequately represented by its own respective legal counsel and has received legal advice from its own respective legal counsel. 7. In the event of any litigation arising out of this Settlement Agreement, this Settlement Agreement shall not be construed in favor of or against any party by reason of its process of preparation. 8. All parties to this Settlement Agreement shall bear their own respective legal costs and attorney's fees, if any, with respect to the preparation and execution of this Settlement Agreement and DOAH Case No. 06-4333. 9. This Settlement Agreement shall be effective on the date of signature of the last signatory to this Settlement Agreement ("Effective Date"), to wit, the date that all of the -4- parties hereto have executed this Settlement Agreement. Facsimiles of signatures shall constitute acceptable, binding signatures for purposes of this Settlement Agreement. This Settlement 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 and all of the aforesaid former members of the SFETC shall be executed by the duly authorized respective Chief Elected Official of the aforesaid former member jurisdictions of the SFETC. -5- IN WITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE AGENCY HAVE EXECUTED THIS AGREEMENT: FORMER -_MEMBER JURISDICTIONS OF THE SOUTH FLORIDA TRAINING AND EMPLOYMENT CONSORTIUM Miami -Dade County . .,. ,DATED: `, : - _. BY: �... _ Mayor / Miami -Dade County Approved as to form and legal Sufficiency by > .�. County Attorney DATED: BY: Monroe County ------ Mayor Monroe County Approved as to form and legal sufficiency by County Attorney _, _____. ____ City of Miami DATED: BY: Mayor City of Miami Approved as to form and legal sufficiency by City Attorney City of Hialeah DATFD BY Mayor City of Ihaleah Approved as to form and legal sufficiency by City Attorney—_ -- DAT F D BY - City of Miami Beach Mayor City of Miami Reach Approved as to form and legal sufficiency by City Attorney m IN WITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE AGENCY HAVE EXECUTED THIS AGREEMENT: FORMER MEMBER JURISDICTIONS OF THE SOUTH FLORIDA TRAINING AND EMPLOYMENT CONSORTIUM DATED: BY: Miami -Dade County Mayor Miami -Dade County Approved as to form and legal sufficiency by County Attorney Monroe County DATED: V - ti BY: y J Mayor Monr County,. u. arxe Approved as to formc 'd le al quf%ci' y.by /. a �nr, -. Z��ounty Attorney c ru�wc DATED: BY: DATED: BY: DATED: BY: City of Miami Mayor City of Miami Approved as to form and legal sufficiency by City Attorney City of Hialeah Mayor City of Hialeah Approved as to form and legal sufficiency by City Attorney City of Miami Beach Mayor City of Miami Beach Approved as to form and legal sufficiency by City Attorney -6- IN WITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE AGENCY HAVE EXECUTED THIS AGREEMENT: FORMER MEMBER JURISDICTIONS OF THE SOUTH FLORIDA TRAINING AND EMPLOYMENT CONSORTIUM Miami -Dade County DATED: BY: DATED BY; DATED: BY: DATED:_ BY: DATED: BY Mayor Miami -Dade County Approved as to form and legal sufficiency by County Attorney Monroe County Mayor Monroe County Approved as to form and legal sufficiency by County Attorney C' Mia2 rn mi m oma. 9 a/ Ot Mayor MZ City of Miami Approved as to form and I at iciency by City Attorney City of Hialeah Mayor City of Hialeah Approved as to form and legal sufficiency by City Attorney City of Miami Beach Mayor City of Miami Beach Approved as to form and legal sufficiency by City Attorney —6— IN WITNESS HEREOF, THE CHIEF ELECTED OFFICIALS AND THE AGENCY HAVE EXECUTED THIS AGREEMENT: FORMER MEMBER JURISDICTIONS OF THE SOUTH FLORIDA TRAINING AND EMPLOYMENT CONSORTIUM DATED: BY: DATED: BY: DATED BY: DATED: `?� Ll' 0 BY: FREDERICK H. ARINELLI, DIRECTOR DEPARTMEN TS AND HUMAN SERVICES DATED: BY: Miami -Dade County Mayor Miami -Dade County Approved as to form and legal sufficiency by County Attorney Monroe County Mayor Monroe County Approved as to form and legal sufficiency by County Attorney City of Miami Mayor City of Miami Approved as t9iform and legal sufficiency by City Attorn City 9f Hia City ialeah Ap o as to form and legal su 'ciel icy City Attorney City of Miami Beach Mayor City of Miami Beach Approved as to form and legal sufficiency by City Attorney —6— jF :-21-f C'CL, �No.-irr, y APPROVED AS TO FORM & LANGUAGE FOR EXECUTION City AlW9T*y' 02W AGENCY FOR WORKFORCE INNOVATION DATED: 3 a o .z BY: BARBARA K. GRIFFIN, DE2LITY�OR Agency for Workforce Innovation Approved as to form and legal sufficiency. KIM PtRLY SISKO WARD, DEPUTY GENERAL COUNSEL I