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HomeMy WebLinkAbout1999 S Amendment to Workforce Development Board Agreement 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 of general-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 1. 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 miss-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 parry 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 Carolina, and written directives and instructions relevant to SDA operation from the Governor of North Carolina or his/her designee. Attest: -6t4 en- ?oard Alamance County Date Commissioners Attest: aL l 23-9� Chairman, Orange County Date Board of Commissioners A est: Chairman, Randolph County Date Board of Commissioners 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