HomeMy WebLinkAbout2011-409 DSS - Regional Partnership Consortium Agreement 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
under WIA, 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
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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 90.
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:
• 13 members representing the private business sector
• 4 members representing a combination of organized labor and community
based organizations.
• 1 member each representing the Employment Security Commission, the
Division of Vocational Rehabilitation, secondary education, and Economic
Development.
• 2 member each repre-,Eenting 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
funds 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.
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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 m_nber 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 insured's.
ARTICLE Vlll: 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 -apon 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-
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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 XII: HOLD HARMLESS
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.
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Alamance County Board of Commissioners Mont5gmiffy County Board of Commissioners
By �' '��� By I
Linda Massey, Chairn4 Date Ja kie Morris, Chairman Date
Moore County Board of Commissioners Orange County Board of Commissioners
By
Nick Picerno, Chairman Date Bernadette Pelissier, Chairman Date
Randolph County Board of Commissioners
r Id Holmes, Chairman Date
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