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HomeMy WebLinkAboutAgenda 04-20-1999 - 8dORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 8-~ ACTION AGENDA ITEM ABSTRACT Meeting Date: April 20, 1999 SUBJECT: Amendment to Workforce Development Boazd Consortium Agreement DEPARTMENT: County Manager ATTACHMENT(S): I. Original Consortium Agreement II. Amendment PUBLIC HEARING: (Y/1~ BUDGET AMENDMENT: (Y/1~ INFORMATION CONTACT: Albert Kittrell TELEPHONE NUMBERS: - -ext. 2307 Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 227-2031 PURPOSE: To amend the Workforce Development Boazd Consortium Agreement. BACKGROUND: In 1992 Orange County entered into a consortium agreement with Alamance and Randolph Counties to establish the Regional Partnership Service Delivery Area. The agreement also created the 19 member Regional Partnership Workforce Development Board. Each county has six representatives on the Workforce Development Boazd with one member floating among the three counties. The Workforce Development Boazd oversees Job Training Partnership Act (JTPA) funds and programs in the three counties. The administrative entity for the Workforce Development Boazd is Regional Consolidated Services, a nonprofit Community Action Agency located in Randolph County. Regional Consolidated Services has notified the County that the Federal Government has changed the JTPA to Workforce Investment Act (WIA). This will require an amendment to the consortium agreement to reflect the name change of JTPA to WIA. The WIA will become effective on July 1, 2000. The Workforce Bevelopment Board will discuss the WIA during the next few months and report the differences between the two programs to the three Counties at a later date. FINANCIAL IMPACT: The changes in the program should not affect the amount of federaUstate funding currently received fox job training programs. RECOMMENDATON(S): The Manager recommends that the Boazd amend the Regional Partnership Consortium Agreement to reflect the name change and authorize the chair to sign the amendment. a 0 • Attachment I 2 REGIONAL CON5OZ.IDATED SERYIC~S @H'LOY1~Tf AND TRAINING CONSORTIUM AGRLEMEN'r ARTICLE I. TITLE AND PURPOSE The contiguous units of local government listed below agree to establish a job training consortium to act jointly as a Service Delivery Area, hereafter called the (SDA) under the Job Training Partnership Act of 1982, as amended, hereafter called (JTPA). This consortium shall be kno~+n as the Regional Consolidated Services Ea~ploya:ent and Training Service Delivery Area. AKTICLE II. ME('4BIIZSHIP . The consortium shall be composed of the following independent and contiguous units of general purpose local government: County of Ala~nce County o£ Orange County of Randolph ARTICLE III.. CERTIFICATION OF AUTHORITY 1. AUTHORITY UNDER STATE AND LQCAL LAW The member units of government certify that: They possess full legal authority, as provided by state and local law, to enter into this agree- ment and to fulfill the legal and financial requirements of operating as a SDA under JTPA for the satire geographic area covered by this agreement. 2. SPECIFIC RESOLUTIONS 1b ENTER Ii~TO AGREEMENT _ A copy of the resolution and appropriate council or board meeting minutes giving the county, specific authority to enter into this consortium agreement is included and attached to this document. 3. DESIGNATION OF CHIEF' ELDCfED OFFICIALS FROM EACH MEhIBER UNIT OF GOV IItNMENT Each member unit of government acknowledges that contemporaneous with the resolution authorizing /^~ this agreement, the mee~ber unit will pass a .. resolution deaignatxng a chief elected official for JTPA purposes upon whose representations Page 1 of 4 Attachment I 3 the Stater the Private Industry Council, hereafter called the PIC, the administrative entity aad ~ ehe other member units may rely. Such person shall be the signatory of this agree~aent and shall be authorized to execute such other agreements as are necessary for JTPA purposes. 4., DESIGNA'T'ION OF CHIEF ELECTED OFFICIAL F(?R SERVICE DELIVERY AREA The member units provide that the Chairtean of the Randolph Gounty Board of Con~isaiontrs shall be authorized to be the inital Chisf Elected Official and to exercise the functions of the Service Delivery Area- that are required under JTPA. ARTICLE IV. DURATION This agreement will become effective on Julp 1, 1492 and shall continue in effect until the SDA is redesignated by the Governor or by the termination of the Agreeaent by any member unit of government. ARTICLE Y. FINANCING 1. It is anticipated that funding necessary to ' implement this agreemeent Will be derived from federal grant funds received through the Governor. In the event that it is necessary to appropriate non-federal funds for the purpose of repaying misexpenditures or other non-JTPA expenditures that are aot necessitated by repayment orders such as unallowable Legal fees, insurance or excessive administrative costa, repay~aent shall be made by the member county in which .the mis- expenditure occurred. 2. The units of local government acknowledge that they are jointly and severally accountable for liabilities arising out of activities under JTPA and for all funds received by the SDA grant recipient pursuant to JTPA. Liabilit' includes, but is not limited to, responsibility for prompt repayment from noaprogran funds of eny aiis- expenditures by the administrative entity of the SDA, or any of its subrecipients of contractors or the PIC. 3.' Any entity or joint agency created or designated by this Service Delivery Area, including the ~'-1 Private Industry Council. Grant Recipient, end Administrative Entity. shall 1~e corsid•red a public agency far the purposes of the Local Government budget and Fiscal Control Act. Page 2 of 4 Attachment I ARTICLE VI. ESTABLISHMENT OF A PRIVATE INDUSTRY COUNCIL The member unite of government agree that the Privets Industry Council shall be established in accordance with Section 102 of JTPA. The Chairman of the Randolph County Board of Commissioners shall appoint members of the PIC from among persons nominated or recommended by appropriate agencies representative of the member county or any member counties. ARTICLE VII. APPOINTMENT OF PERSONNEL Appointment of personnel shall be the Regional Consolidated Services Training Private Industry Council Chief Agreement. ARTICLE VIII. OWNERSHIP OF REAL PROPERTY as described in Employment and Elected Official The Regional Consolidated Services Employment and Training SDA will neither acquirt nor dispose of real property. ARTICLE IX. AMENDMENTS In accordance with North Carolina G.S. Section 160-A-464 (7) this agreement may be amended at anytime upon consent of all parties as evidenced by resolutions of chief elected officials of the undersigned local government sad approved by the state. Whenever the position of designated Chief Elected Official becomes vacant the individual selected as a replacement shall be selected frao the Consortium and the agreement shall be amended. ARTICLE X. TERMINATION The parties to thin agreement may request ter~aination at s~ey time upon six months prior written notice, such termination to be effective when the Governor considers SDA redesignations or at the end of the then current subgrant agreement year. The Division of Employment and Training, North Carolina Department of Economic and Co~n~unity Development. and each member (county to the consortium), will be furnished a copy of any request by either party for termination of this agreement. ARTICLE XI. HOLD HARMLESS Each party hereto agrees to hold the ether harmless 4 i Page 3 of 4 ' ~- Attachment I 5 for anp loss incurred, eithex to person or property, ~~ including reasonable attorney's fees, due to any act or omission on the part of either County, its agents, or employees as a result of operations conducted pursuant to this contract and within the boundaries of the member county. f ~i ~ Chairman, Al ianct unty Board of Commissioners Date: ~--/Gi --g~• ~_ r~ A ~ /1il l d it . n ~~ . ATTES - A7`!'EST Chairman, Orange County Board of Coamiss9.oners Date: , Chairman, Randolp Co tp Board of Commissioners ~l Page 4 of 4 At±achment II REGIONAL PARTNERSHIP CONSORTIUM AGREEMENT 6 AMENDMENT ARTICLE I -TITLE AND PURPOSE The co~iguous units of local govennme~ listed below agree to continue as a job training consortium to act jointly as a Service Delivery Area, hereafter called the SDA, under the Workforce Investment Act (hereafter called the WIA), Public Law 105-220, signed into law on August 7, 1998. This consortium shall be known as the Regional Partnership Service Delivery Area. ARTICLE II -MEMBERSHIP The Consortium shall be composed of the following independent and contiguous units ofgeneral-purpose local government: County of Alamaace Cou~y of Orange County of Randolph ARTICLE III -CERTIFICATION OF AUTHORITY 1. AUTHORITY UNDER STATE AND LOCAL LAW The member units of government certify that: They possess full legal authority, as provided by state and local law, to enter into this agreement and to fulfill the legal and financial requirements of operating as a SDA under the Workforce Investment Act, North Carolina Employment and Training Grant and Welfare-to-Work for the entire geographic area covered by this agreement. 3. DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER UNIT OF GOVERNMENT Each member unit of government designates as chief elected official for Workforce Investment Act purposes, upon whose representations the state, the Workforce Development Board, the administrative entity and the other member units may rely, the duly elected chairman of each respective County Board of Commissioners. Such person shall be the signatory of the agreement and shall be authorized to execute such other agreeme~s as are necessary for Workforce Investment Act purposes, North Carolina and Training Grant (NCETG) purposes, and for purposes of the Welfare-to- Work (WtW) Grant provisions at Title TV, Part A of the Social Security Act (P.L. 74-271), as amended. 4. DESIGNATION OF CHIEF ELECTED OFFICIAL FOR SERVICE DELIVERY AREA The member units provide that the chairman of the Randolph County Board of Commissioners shall be authorized to exercise the functions of the SDA chief elected official which are required under the WIA, the NCETG, and the WtW. ARTICLE V -FINANCING It is anticipated that funding necessary to implement this agreement will be derived from federal grant funds received through the Governor. In the event that it is necessary to appropriate non- federal funds for tge purpose of repaying miss-expenditures or other non-WIA, NCETG or WtW expenditures that are not necessitated by repayment orders such as unallowable legal fees, ~n~u*~ce or excessive administrative costs, repayment shall be made by the member county in which the miss-expenditure occurred. ' Attachment II 2. The units of local government acknowledge that they are jointly and severally accountable for liabilities arising out of activities under WIA and for all funds received by the SDA grant recipient pursuant to WIA, WtW, and NCETG. Liability includes, but is not limited to, responsibility for prompt repayment from nonprogam funds of any miss-expenditures by the administrative e~ity of the SDA, or any of its subrecipients or contractors or the Workforce Development Board. 3. Any entity or joint agency created or designated by this SDA, including the Workforce Development Board, grant recipien, and administrative entity, shall be considered a public agency for the purposes of the Local Government Budget and Fiscal Control Act. ARTICLE VI - ESTABLISFIMENT OF A WORKFORCE DEVELOPMENT BOARD The member units of government agree that the workforce Development Board shall be established in accordance with Section 17 of the Workforce Investment Act. ARTICLE X - TERNIINATION The parties to this agreement may request termination at any time upon six months' prior written notice, such termination to be effective when the Governor considers SDA redesignations or at the end of the then current subgraut agreement year. The Division of Employment and Training, North Cazolina Department of Commerce, and each member (county to the consortium), will be furnished a copy of any request by either party for termination of this agreement. - ARTICLE XII -ASSURANCES AND CERTIFICATIONS The member units will comply with the requirements of the Worl~orce Investment Act, the requirements of the WtW grant provided for at Title IV, Part A of the Social Security Act, as amended, as well as requirements of the NCETG provided at G.S. 143B-438.6, and regulations promulgated thereunder, all other applicable federal regulations, the statues of the State of North Cazolina, and written directives and instructions relevant to SDA operation from the Governor of North Cazolina or his/her designee. Attest: Chairman, ?-lamance County Date Board of Commissioners Attest: Chairman, Orange County Date Board of Commissioners Attest: ~,narrrnan, nanuvipn ~,vunry Law Board of Commissioners Regional Parnresship Consortium Agreement Amendments Page 2 of 2 REGIONAL. PARTNERSHIP CONSORTIUM AGREEMENT AMENDMENT ARTICLE I -TITLE AND PURPOSE The contiguous units of local government listed below agree to continue as a job training consortium to act jointly as a Service Delivery Area, hereafter called the SDA, under the Workforce Investment Act (hereafter called the WIA), Public Law 105-220, signed into law on August 7, 1998. This consortium shall be known as the Regional Partnership Service Delivery Area. ARTICLE II -MEMBERSHIP The Consortium shall be composed of the following independent and contiguous units ofgeneral-purpose local government: County of Alamance County of Orange County of Randolph ARTICLE III -CERTIFICATION OF AUTHORITY 1. AUTHORITY UNDER STATE AND LOCAL LAW The member units of government certify that: They possess full legal authority, as provided by state and local law, to enter into this agreement and to fulfill the legal and financial requirements of operating as a SDA under the Workforce Investment Act, North Carolina Employment and Training Grant and Welfare-to-Work for the entire geographic area covered by this agreement. 3. DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER UNIT OF GOVERNMENT Each member unit of government designates as chief elected official for Workforce Investment Act purposes, upon whose representations the state, the Workforce Development Board, the administrative entity and the other member units may rely, the duly elected chairman of each respective County Board of Commissioners. Such person shall be the signatory of the agreement and shall be authorized to execute such other agreements as are necessary for Workforce Investment Act purposes, North Carolina. and Training Grant (NCETG) purposes, and for purposes of the Welfare-to- Work (WtW) Grant provisions at Title IV, Part A of the Social Security Act (P.L. 74-271), as amended. 4. DESIGNATION OF CHIEF ELECTED OFFICIAL FOR SERVICE DELIVERY AREA The member units provide that the chairman of the Randolph County Board of Commissioners shall be authorized to exercise the functions of the SDA chief elected official which are required under the WIA, the NCETG, and the WtW. ARTICLE V -FINANCING It is anticipated that funding necessary to implement this agreement will be derived from federal grant funds received through the Governor. In the event that it is necessary to appropriate non- federal funds for the purpose of repaying Huss-expenditures or other non-WIA, NCETG or WtW expenditures that are not necessitated by repayment orders such as unallowable legal fees, insurance or excessive administrative costs, repayment shall be made by the member county in which the miss-expenditure occurred. ' 2. The units of local government acknowledge that they are jointly and severally accountable for liabilities arising out of activities under WIA and for all funds received by the SDA grant recipient pursuant to WIA, WtW, and NCETG. Liability includes, but is not limited to, responsibility for prompt repayment from nonprogam funds of any miss-expenditures by the administrative entity of the SDA, or any of its subrecipients or contractors or the Workforce Development Board. 3. Any entity or joint agency created or designated by this SDA, including the Workforce Development Board, grant recipient, and administrative entity, shall be considered a public agency for the purposes of the Local Government Budget and Fiscal Control Act. ARTICLE VI -ESTABLISHMENT OF A WORKFORCE DEVELOPMENT BOARD The member units of government agree that the workforce Development Board shall be established in accordance with Section 17 of the Workforce Investment Act. ARTICLE X -TERMINATION The parties to this agreement may request termination at any time upon six months' prior written notice, such termination to be effective when the Governor considers SDA redesignations or at the end of the then current subgrant agreement year. The Division of Employment and Training, North Carolina Department of Commerce, and each member (county to the consortium), will be furnished a copy of any request by either party for termination of this agreement. ARTICLE XII -ASSURANCES AND CERTIFICATIONS The member units will comply with the requirements of the Workforce Investment Act, the requirements of the WtW grant provided for at Title IV, Part A of the Social Security Act, as amended, as well as requirements of the NCETG provided at G.S. 143B-438.6, and regulations promulgated thereunder, all other applicable federal regulations, the statues of the State of North Cazolina, and written directives and instructions relevant to SDA operation from the Governor of North Cazolina or his/her designee. iiiivririiiiriiiiiiiiiiiiiiiiriiiiiiiriiiiiiiriiiiiruuiiiiiiiiiwiiriiiiiiiiiiiriiiiiiiiiiiiiiiriiiiiiiiiia-iriiiiiiiiiiiiiiiiiwwriiiiiiviiii~iiiiiiiwiiiiiiiiiiiiiiiiriru Attest: Attest: ian, Alamance County of Commissioners Date a.~- ~~ ~ ~ y as -92 Chairman, Orange County Date Board of Commissioners At est: t K Chairman, Randolph .County Board of Commissioners Date Regional Partnership Consortium Agreement Amendments Page 2 of 2 ARTICLE XIII -RELATION TO ORIGINAL CONTRACT Articles and provisions in the original contract dated April 9, 1992, not amended or specifically deleted by these amendments shall remain in full force and effect. Regional Partnership Consortium Agreement Amendments Page 3 of 3