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HomeMy WebLinkAbout2015-351 DSS - Regional Partnership Consortium Agreement between Counties of Alamance, Montgomery, Moore, Orange, and Randolph re Workforce Innovation and Opportunity Act a ors—�51 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 Innovation and Opportunity Act (WIOA) Public Law 113-128 as enacted July 22, 2014. This consortium shall be known as Regional Partnership Workforce Development Consortium. 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 Development Area under the Workforce Innovation & Opportunity 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 Innovation & Opportunity Act and shall be authorized to execute such other agreements as are necessary for Workforce Innovation &Opportunity 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 Consortium Agreement Rev.June 2015 Page 1 Development Board and the designated 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: DURATION This agreement will become effective on the date of the last chief elected official's signature and shall continue in effect until the local Workforce Development Area is designated by the Governor of North Carolina or by termination of this Agreement by a member with unit of government. ARTICLE V: ASSURANCES AND CERTIFICATIONS The member units will comply with the requirements of the Workforce Innovation & Opportunity Act, and regulations promulgated there under, all other applicable federal regulations, the statues of the State of North Carolina and, written directives and instructions relevant to local workforce development area operation from the Governor of North Carolina or his/her designee. ARTICLE VI: 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 Innovation & Opportunity 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 Consortium Agreement Rev.June 2015 Page 2 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. DESIGNATION OF FISCAL AGENT The elected officials of the member units of local government shall designate, by resolution, an organization to be the fiscal agent for funds received under this Consortium Agreement. The designation of this entity shall be based on recommendation(s) submitted to the elected officials by the Consortium Chief Elected Official Board and the Workforce Development Board. A redesignation of the fiscal agent can be requested at any time through a joint recommendation from both the Consortium Chief Elected Official Board and the Workforce Development Board. The elected officials of the member units of local government must affirm action through a resolution. A copy of the duly executed resolution designating the fiscal agent shall be attached to this document and incorporated herein by reference. ARTICLE VII: ESTABLISHMENT OF A WORKFORCE INVESTMENT BOARD The member units of government agree that the Workforce Development board shall established in accordance with Section 107 of the Workforce Innovation and Opportunity Act and applicable State of North Carolina laws including G.S. 1436- 438.11. 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 Innovation and Opportunity Act. The Workforce Development Board shall operate in accordance with by-laws established and approved by the Workforce Development Board. ARTICLE VIII: 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 Innovation & Opportunity Act Plan. Consortium Agreement Rev.June 2015 Page 3 ARTICLE IX: REAL PROPERTY, EQUIPMENT AND SUPPLIES The Administrative Entity and the Regional Partnership Workforce Development Board will follow all Workforce Innovation and Opportunity Act requirements governing the title, use and disposition of real property, equipment and supplies purchased with federal funds. ARTICLE X: AMENDMENTS This agreement may be amended at any time upon the consent of all of the parties as evidenced by resolution of the governing bodies of each member government and as approved by the State. ARTICLE XI: 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 Workforce Development Area (LA) re-designations or at the end of the then current grant administrative agreement year. 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. Consortium Agreement Rev.June 2015 Page 4 Alamance County Board of Commissioners Montgomery County Board of Commissioners By I/ ^J l��-> By Dan Ingle, Chairman D e Jim Matheny, Chairman Date Moore County Board of Commissioners Orange County Board of Commissioners By By C--a,, W` 7-z3-1.5- Nick Picerno, Chairman Date Earl McKee, Chairman Date Randolph County Board of Commissioners By 1951i D yell L. Frye, Chairman D e Consortium Agreement Rev.June 2015 Page 5