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HomeMy WebLinkAboutAgenda - 06-20-2023; 8-k - Approval of Consortium Agreement with the Capital Area Workforce Development Board 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 20, 2023 Action Agenda Item No. 8-k SUBJECT: Approval of Consortium Agreement with the Capital Area Workforce Development Board DEPARTMENT: County Manager's Office ATTACHMENT(S): INFORMATION CONTACT: Draft Consortium Agreement Travis Myren, 919-245-2802 Nancy Coston, 919-245-2800 PURPOSE: To review and approve the proposed Consortium Agreement and authorize the Chair to sign the agreement when it is approved by Wake County and other Consortium members. BACKGROUND: At its June 7, 2022 Business meeting, the Board of Commissioners received a presentation from the North Carolina Department of Commerce on realignment of regional workforce development boards. Historically Orange County has been a member of the Regional Partnership Workforce Board, along with Alamance, Randolph, Montgomery, and Moore counties. The purpose of the Workforce Development Board is to help job seekers with employment, training and support to succeed in the job market while supplying skilled workers for employers. The Board also provides oversight for the regional allocation of Workforce Innovation and Opportunity Act funds. These funds provide services to all populations and have a particular focus on dislocated workers, youth and other job seekers with specific barriers. The purpose of the proposed realignment of regional boards is to improve alignment of this work with the existing prosperity zones and other economic interests of the counties. At the June 21, 2022 Business meeting, the Board of County Commissioners approved a resolution regarding realignment with the Capital Area Workforce Development Board and authorized staff to coordinate the realignment process. After the proposed plan was approved by the North Carolina Department of Commerce, the revised consortium agreement was developed. This agreement must be approved by all counties impacted, including Wake, Johnston, Chatham, and Lee counties. FINANCIAL IMPACT: There are no financial impacts related to approving the agreement. 2 SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated with this item. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board approve the Consortium Agreement with the Capital Area Workforce Board, pending County Attorney review, and authorize the Chair to sign the Agreement. 3 CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT ARTICLE I. TITLE AND PURPOSE The contiguous units of local government listed below agree to establish a consortium to act jointly 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 the Capital Area Workforce Development. ARTICLE II. MEMBERSHIP The Consortium shall be composed of the following independent and contiguous units of general-purpose local government: County of Wake County of Johnston County of Lee County of Chatham County of Orange ARTICLE I11. 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 local Workforce Development Area under the Workforce Innovation and Opportunity Act for the entire geographic area covered by this agreement. 2. SPECIFIC RESOLUTIONS TO ENTER INTO AGREEMENT A copy of each duly executed resolution giving the respective counties specific authority to enter into this consortium agreement will be attached to this document and are incorporated herein by reference(optional). 3. DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER UNIT OF GOVERNMENT Each member unit of government designates as chief elected official for Workforce Innovation and Opportunity 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 this agreement and shall be authorized to execute such other agreements as are necessary for Workforce Innovation and Opportunity Act purposes. 4. DESIGNATION OF CHIEF ELECTED OFFICIAL FOR LOCAL WORKFORCE DEVELOPMENT AREA 5/01/2023 4 CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT The member units provide that the Chairman of the Wake County Board of Commissioners shall be authorized to exercise the functions of the local area chief elected official which are required under the Workforce Innovation and Opportunity Act. ARTICLE IV. DURATION This agreement will become effective on July 1, 2023 or the date of the last chief elected official's signature (whichever is the later date) and shall continue in effect until the local Workforce Development Area is re-designated by the Governor of North Carolina or by termination of this Agreement by a member unit of government as provided for in Article XI. ARTICLE V. ASSURANCES AND CERTIFICATIONS The member units will comply with the requirements of the Workforce Innovation and Opportunity Act, and regulations promulgated thereunder, all other applicable federal regulations, the statutes 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 1. It is anticipated that funding necessary to implement this agreement will be derived from federal grant funds received through the Governor. 2. The units of local government acknowledge that they are jointly and severally accountable for liabilities arising out of activities under the Workforce Innovation and Opportunity Act, and all funds received by the local workforce development area pursuant to WIOA. Liability includes, but is not limited to, responsibility for prompt repayment from non-program funds of any disallowed costs by the administrative entity of the local workforce development area, or any of its sub- recipients or contractors, or the Workforce Development Board. 3. Any entity or joint agency created or designated by this local workforce development area, including the Workforce Development Board, and Administrative Entity, shall be considered a public agency for the purposes of the Local Government Budget and Fiscal Control Act. ARTICLE VII. ESTABLISHMENT OF A WORKFORCE DEVELOPMENT BOARD The member units of government agree that the Workforce Development Board shall be established in accordance with Section 107 of the Workforce Innovation and Opportunity Act and applicable State of North Carolina laws including G.S. 143B-438.11. The Chief Elected Official, as noted in Article III. 4., shall appoint members of the Workforce Development Board from among persons nominated in accordance with the Workforce Innovation and Opportunity Act. 5/01/2023 5 CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT ARTICLE VIII. APPOINTMENT OF PERSONNEL Appointment of personnel shall follow the Wake County Government hiring and recruitment process for regular full-time staff. ARTICLE IX. REAL PROPERTY,EQUIPMENT AND SUPPLIES The Capital Area Workforce Development Consortium 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 The agreement may be amended at any time upon the consent of all 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 re-designations or at the end of the then current grant administration agreement program year. (Signature) Date R.S. Lawter, Jr. Chairman, ATTEST Johnston County Board of Commissioners (Signature) Date Shinica Thomas Chairman, ATTEST Wake County Board of Commissioners (Signature) Date 5/01/2023 6 CAPITAL AREA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT (Signature) Date Kirk D. Smith Chairman, ATTEST Lee County Board of Commissioners (Signature) Date Karen Howard Chairman, ATTEST Chatham County Board of Commissioners (Signature) Date Jamezetta Bedford Chair, ATTEST Orange County Board of Commissioners (Signature) Date 5/01/2023