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HomeMy WebLinkAboutAgenda - 05-03-2011 - 5h ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 3, 2011 Action Agenda Item Now - SUBJECT: Expansion of Regional Partnership Workforce Development Board [WDB] DEPARTMENT: County Manager, Department PUBLIC HEARING: (Y/N) No of Social Services ATTACHMENTS): INFORMATION CONTACT: 1 . Background Memo Cov 2. Re Tonal Consortium Partnership en Harvey, Assistant County Manager,g p Agreement 245-2300 3. Resolution Nancy Coston, Director, Social Services, 4. State and Local Area Memorandum 245-2800 Agreement PURPOSE: To consider a request by the Regional Partnership Workforce Development Board (WDB) to approve documents allowing expansion of the existing consortium to include Montgomery and Moore counties. BACKGROUND: Montgomery and Moore counties have been affiliated with the Pee Dee Region WDB, but with the withdrawal of Richmond County to join another WDB, the counties lack sufficient funding and population base for a stand alone WDB and have sought alignment with the WDB that currently includes Alamance, orange and Randolph counties. Alamance, Randolph, Montgomery and Moore counties have agreed and approved documentation required to implement the expansion for the coming fiscal year and await action by Orange county. The merger would create a five-county consortium to be known as the Regional Partnership Workforce Development Area. The new consortium will continue to operate as the Local Area to receive and administer job training funds under the Workforce Investment Act (WIA) for youth, adults, and dislocated workers. County staff has reviewed the request and indicates no issue with execution of documents as presented. The WDB seeks to submit materials to the State by the first week in May to avoid disruptions in service plans and funding allocation. Staff does, however, recommend the caveat that it be authorized to conduct further research and return to the BOCC in the fall with a deeper assessment of future implications and alternatives for a different alignment that may be more advantageous. The County Attorney has advised the Partnership agreement allows for a six- month termination notice effective upon the Governor's consideration of Local Area re- 2 designations or at the end of the current sub-grant agreement year (July 1 , 201 1—June 30, 2012). FINANCIAL IMPACT: There is no fiscal impact associated with approval of the attached documents. orange County's funding allocation under the new Partnership would continue for FY2011-12 in accordance with Federal funding decisions under the WIA. RECOMMENDATION(S): The Manager recommends the Board approve and authorize the Chair to sign: 1 . the Regional consortium Partnership Agreement; 2. the Resolution Designating the Regional Partnership to encompass Montgomery and Moore counties; and 3. the state and Local Area Memorandum of Agreement. The Manager further recommends the Board authorize staff continue its research and return in the fall with additional assessment of future implications and options for realignment more favorable to county needs. Agenda Item: Meeting Date: April 19, 2011 MEMORANDUM TO BOARD OF COMMISSIONERS: FROM: Linda B. Parker, Workforce Development Director DATE: April 6, 2011 SUBJECT: Regional Partnership Workforce Development Area REQUEST: Pursuant to the Workforce Investment Act of 1995, Public Law 105-220, this is a request by the Regional Partnership Workforce Development Area for Montgomery and Moore Counties to form a consortium with Alamance, Orange, and Randolph Counties, that designation of such consortium as a Local Area for job training purposes shall be accepted, that such consortium shall be known as the Regional Partnership Workforce Development Area. BACKGROUND: The Regional Partnership Workforce Development Area is requesting the Board's approval of the documents attached hereto in order to enable Montgomery and Moore Counties to merge with the exiting Regional Partnership Workforce Development Board (WDB) as a result of Richmond County pulling out of the Pee Dee Region WDB and joining another WDB, leaving Montgomery and Moore Counties alone which together do not have sufficient funding and population to support a separate Workforce Development Area. IMPLEMENTATION PLAN: None FINANCIAL IMPACT STATEMENT: None RECOMMENDATION SUMMARY: Make a motion to enter into the attached Regional Partnership Consortium Agreement and the State and Local Area Memorandum of Agreement and authorize the Chairman to execute both agreements including the Resolution Designating the Regional Partnership Workforce Developm en t Area to encom pass Mon tgomery an d Moore Coun ties. SUPPORTING ATTACHMENTS: Regional Partnership Consortium Agreement Resolution State and Local Area Memorandum Agreement 4 REGIONAL PARTNERSHIP CONSORTIUM AGREEMENT ARTICLE I: TITLE AND PURPOSE The contiguous units of local government identified in Article II agree to establish the Regional Partnership Consortium to act as a Local Workforce Development Area under the Workforce Investment Act (WIA) of 1998 Public Law 105-220. The Consortium shall designate an entity to receive and disburse funds provided underWIA, and other appropriate federal and state funding sources, for Workforce services in the geographic area defined by the Consortium members. ARTICLE II: MEMBERSHIP The Consortium shall be composed of the following independent and contiguous units of local government: County of Alamance County of Montgomery County of Moore County of orange County of Randolph ARTICLE III: CERTIFICATION OF AUTHORITY A. AUTHORITY UNDER STATE AND LOCAL LAW The Board of Commissioners representing the member units of government certify that they possess the full legal authority, as provided by federal, state, and local law, to enter into this Agreement and to fulfill the legal and financial requirements of functioning as a Local Workforce Investment Area under the Workforce Investment Act for the entire geographic area covered by this Agreement. B. SPECIFIC RESOLUTIONS TO ENTER INTO AGREEMENT A copy of the duly executed resolution giving each member county specific authority to enter into this Consortium Agreement shall be attached to this document and incorporated herein by reference. C. DESIGNATION OF CHIEF ELECTED OFFICIAL As a condition of this Agreement, each member unit of government Will designate one of the current Commissioners for that unit of government to represent that member on a Consortium Chief Elected official Board. This Board will assume the responsibilities of the Chief Elected official as defined in the Workforce Investment Act and shall be authorized to execute such other agreements as are necessary for Workforce Investment Act purposes. Therefore, the designee is empowered by the member unit of government to represent the interest of the member in actions before the State, the Regional Partnership Workforce Development Board and the designated Consortium Agreement Page Z Grant Recipient and Fiscal Agent. Decisions of the CEO Board shall be by a majority vote. D. DESIGNATION OF THE CHIEF ELECTED OFFICIAL SIGNATORY The current membership of the Consortium Chief Elected Official Board will designate one of its members to serve as the Signatory Chief Elected Official. This individual will be authorized to sign all documents requiring a CEO signature. ARTICLE IV: ESTABLISHMENT OF A WORKFORCE INVESTMENT BOARD The member units of government agree that the Regional Partnership Workforce Investment Board has been established in accordance with Section 117 of the Workforce investment Act and with State of North Carolina Executive Order 30. The designated officials on the Consortium Chief Elected Official Board shall appoint members to the Workforce Development Board from among persons nominated or recommended by appropriate agencies, as provided for in the Workforce investment Act. The Workforce Development Board shall consist of twenty-five members as follows: 0 13 members representing the private business sector 0 4 members representing a combination of organized labor and community based organizations. 0 1 member each representing the Employment Security Commission, the Division of Vocational Rehabilitation, secondary education, and Economic Development. 0 2 member each representing the Department of Social Services and post secondary education. The.Workforce Development Board shall operate in accordance with by--laws established and approved by the Workforce Development Board. ARTICLE V: DESIGNATION OF FISCAL AGENT The elected officials of the member units of local government have designated Regional Consolidated Services as the Grant Recipient and the Fiscal Agent to receive fund-s under this Consortium Agreement. ARTICLE VI: APPOINTMENT OF PERSONNEL Regional Consolidated Services shall provide staff and related support to the Workforce Development Board and to the Consortium Chief Elected Official Board. Regional Consolidated Services will provide staff for the administration of the Consortium's Workforce Investment Act Plan. Consortium Agreement Page 2 ARTICLE VII: FINANCING A. Funding necessary to implement this Agreement will be derived from federal and state funds. This will not preclude the ability of the Consortium to receive and use funds from other sources. B. The member units of local government acknowledge that they are jointly and severally accountable for liabilities arising from activities under the Workforce Investment Act and other funds received by the Local Workforce Development Area. C. As between the member units themselves, liability shall be apportioned as follows: 1. To the extent that one or more (but not all) of the member units can be identified as benefiting from funds, the expenditure of which is disallowed for any reason, said units shall be liable for the repayment of such funds. 2. To the extent that one or more of the member units cannot be identified as the benefiting units of the funds in question, any disallowed expenditure shall be divided among the member units on a pro rata basis, based on the percentage of all funds allocated to each of the member units of government for the program year during which the disallowed funds were disbursed. D. The member units of government shall contractually be held harmless by the program service providers from liabilities arising out of activities by the said service providers under any funds covered by this Agreement. Each service provider will be required in its contract for services to maintain a faithful performance blanket bond and liability insurance coverage (or similar such coverage), which to the extent possible under prevailing insurance practices, shall name the member units of government as additional insureds. ARTICLE VIII: OWNERSHIP OF REAL PROPERTY The Grant Recipient and Fiscal Agent nor the Regional Partnership Workforce Development Board will neither acquire 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 and approved by the state. Whenever the position of designated Chief Elected Official becomes vacant the individual selected as a replacement shall be selected from the Consortium and the Agreement shall be amended. 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 Local Area (LA) re-designations or at the end of the then current sub- Consortium Agreement Page 3 grant agreement year. The Division of Workforce Development, North Carolina Department of commerce, and each member will be furnished a copy of any request by either party for termination of this Agreement. ARTICLE XI: DURATION This Agreement will become effective on July 1, 2011 and shall continue in effect until either the LA is re-designated by the Governor or the termination of the Agreement by any member unit of government ARTICLE ill I: HOLD HARM LESS Each party hereto agrees to hold the other harmless for any loss incurred, either to person or property, including reasonable attorney's fees, due to any act or omission on the part of county, its agents, or employees as a result of operations conducted pursuant to this Agreement and within the boundaries of the member county. Consortium Agreement Page 4 Alamance County Board of Commissioners Montgomery County Board of Commissioners By By Linda Massey, Chairman Date Jackie Morris, Chairman Date Moore County Board of Commissioners Orange County Board of Commissioners By. By Nick Picerno, Chairman Date Bernadette Pelissier, Chair Date Randolph County Board of Commissioners By J. Harold Holmes, Chairman Date Consortium Agreement Page 5 <=Q0 I Resocuth, M Designating the CPart?wrshf'p Workforce Investment Area WHEREAS, the United States Congress passed the Workforce Investment Act of 1998, Public Law 105-220 in July 1998 and said Act was signed into law in August 1998, and WHEREAS, the North Carolina Department of Commerce's Division of Workforce Development requires designation of a Local Workforce Development Area to provide services under the Workforce Investment Act, and NOW THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners hereby forms a consortium with Alamance, Moore, Montgomery, and Randolph Counties, that designation of such consortium as a Local Area for job training purposes shall be accepted, that such consortium shall be known as the Regional Partnership Workforce Development Area BE IT FURTHER RESOLVED that the Orange County Board of Commissioners hereby agrees to enter into the attached Consortium Agreement for the Regional Partnership Workforce Development Area and authorizes the Chair of the Board of Commissioners to execute the Consortium Agreement. BE IT FINALLY RESOLVED that the effective date for the creation of the Local Area status shall be July 1, 2011. Adopted this day of , 2011 Chair Orange County Board of Commissioners ATTEST: '`RFL 13.17� * . North Carolina Department of Commerce Division of Workforce Development Beverly Eaves Perdue, Governor Roger Shackleford, Executive Director J. Keith Crisco, Secretary STATE AND LOCAL AREA MEMORANDUM OF AGREEMENT ARTICLE I: Acceptance of Local Area LA Desi ation The signatories to this agreement acknowledge that the Governor has designated the counties of Alamance, Montgomery, Moore, Orange and Randolph as the Regional Partnership Job Training Consortium, hereinafter referred to as the LA, in accordance with her authority under the Job Training Partnership Act, P.L. 97- 3 00, as amended, and the Workforce Investment Act of 1998, P.L. 105-220, and hereby accept such designation. ARTICLE II: Assurances by the Local Area As the designated Chief Elected Official authorized to represent the unit(s) of local government within this LA, I assure and certify that: A. We will comply with: I) the requirements of the Workforce Investment Act of 1995, and regulations promulgated thereunder; and 2) all other applicable federal regulations, the North Carolina General Statutes, and written directives, guidelines and instructions of the North Carolina Department of Commerce Division of Workforce Development B. We will appoint a Workforce Development Board in accordance with the applicable provisions of Section 102 of the Job Training Partnership .Act, as amended, or Section 117 of the Workforce Investment Act of 1995, as determined by the LA from- options provided the North Carolina Commission. on Workforce Development; 313 Chapanoke Rd. Suite 120*4316 Maxi Service CenterdRa.leigh,North Carolina 276994316 Tel: (919)329-5230*Fax: (919)662-4770 An Equal Opportunity/Affirmative Action Employer/Program Auxiliary aids and services available upon request to individuals with disabilities. 11 State and Local Area Memorandum of Agreement Page 2 of 3 C. We will enter into an agreement with the Workforce Development Board in order to define the scope of our partnership; D. We will approve and submit, jointly with the Workforce Development Board, and in accordance with instructions issued by the North Carolina Department of Commerce Division of Workforce Development the Local Plan required by Section 118 of the Workforce Investment Act. E. We accept liability for all activities carried out and all funds received under the Workforce Investment Act of 1998. ARTICLE III; Assurances b the State On behalf of the Governor of the State of North Carolina, the North Carolina Department of Commerce Division of Workforce Development assures and certifies that; A. We will comply with requirements and pertinent regulations of the Workforce Investment Act of 1995. B. We will certify the Workforce Development Board, if it meets the Section 102 requirements of the Job Training Partnership Act, as amended, or if so desired by the LA, the Section 117 requirements of the Workforce Investment Act of 1995, and policies and procedures established by the North Carolina Commission on Workforce Development. C. We will approve the Local Plan, in accordance with Section 115 of the Workforce Investment Act of 199 5. D. We will issue . planning instructions and other technical assistance materials to assist the LA in carrying out its role. E. We will disburse funds consistent with the Grant Administration Agreement in a timely manner. 12 State and Local Area Memorandum of Agreement Page 3 of 3 ARTICLE N: Si n� atures In witness whereof, the North Carolina Department of Commerce Division of Workforce Development and the Chief Elected Official mutually agree to abide by the terms and conditions enumerated herein. CHIEF ELECTED OFFICIAL: Bernadette Pelissier (Typed Name) (Signature) Date Chair, Orange County Board of Commissioners (Title) (County) NORTH CAROLINA DEPARTMENT OF COMMERCE: Roder Shackleford (Typed Name) (Signature) Date Executive Director, Division of Workforce Development (Title)