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HomeMy WebLinkAboutSW ILA w- ResolutionBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO.2021- A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR UNEMPLOYMENT SERVICES WHEREAS, Kittitas County is very concerned about unemployment services for its citizens; and WHEREAS, a multi-county effort has been launched to form a consortium of counties that will work together on issues related to the provision of unemployment services; and WHEREAS, Kittitas County finds it to be in its citizens' best interest to join this multi-county effort. Now, Thereforeo Be it Resolved: The BOCC authorizes execution of the attached interlocal agreement regarding the South Central Workforce Development Council and the provision of unemployment services and ratifies its June 1,2021execution of the same. DATED this day of _,2021, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Chair Vice-Chair Commissioner ATTEST: Clerk of the Board INTDRLOCAL AGREEMENT AMONG YAKTMA COTTNTY, WASHTNGTON KITTITAS COUNTY, WASHINGTON KLICKITAT COUNTY, WASHINGTON SKAMANIA COUNTY, WASHTNGTON TO ESTABLISHTIIE SOUTH CENTRAL WORKFORCE DEVELOPMENT COUNCIL ASA WASIIINGTON NON.PROF'IT CORPORATION AND TO DESIGNATE THE SOUNTH CENTRAL WORItr'ORCE DEVELOPMENT COUNCIL AS THE FISCAL AND ADMINISTRATIVE AGENT OF TIIE SOUTE CENTRAL CONSORTIUM WHEREAS, the Congress of the United States has enacted the Workforce Innovation and Opportunity Actof 2014, Public Law 113-128, (WIOA) to amend the Workforce Investment Act of 1998 to stengthen the United States workforce development system through innovation in, and alignment and improvement of, employment, training, and education programs in the United States, and to promote individual and national economic growth, and for otherpurposes; and WHEREAS, the counties of Yakiman Kittitas, Klickitat and Skamaniaconstitute a jrnisdiction as a Workforce Development Area (Workforce Developrnent Area IX) prrsuant to the Governor's approval dated July 1, 2015; and WHEREAS, the WIOA provides in WIOA Section 106 (a) and (b) Local Provisions.- During the first 2 full program years following the date of enacftnent of this Act, fhe Govsrnor shall approve a request for initial designation as a local area from any area that was designated as a local area forpurposes of the Workforce Investment Act of 1998 for the 2-yearperiod preceding the date of enacfinent of this Act, perforrned successfully, and sustained fiscal integritg; and WHEREAS, the Interlocal Cooperation Act of 1967, Chapter 39.34,RCW, pennits looal governrnental units to cooperate and to provide services and facilities in a manner which will accord best with the geographic, economic, demographic and other factors influencing the development of local communities; and llPage WHEREAS, by Interlocal Agreement, the counties of Yakima, Kittitas, Klickitat, and Skarnania have fonned the South Central Consortium to oversee workforce activities; and WHEREAS, the WIOA requires the establishment of a Workforce Developrnent Council to provide policy guidance and oversight with respect to local and regional plan for the local Workforce Development Area; and WHEREAS, RCW 39.34.030(3)(b) provides that public agencies are authorized to create a non-profit corporation comprised only ofpublic agencies for the purpose of implementing the counties' activities through a joint undertaking; and WHEREAS, counties ofYakirna, Kittitas, Klickitat, and Skamania now have agreed that in order to jointly implement and operate workforce investment activities and in order to allow the Workforce Development Council to receive tax exempt firnds from sources other than the fideral government, it is appropriate fonrr the Workforce Developrnent Council as a non-profit corporation; NOW, THEREFORE, counties of Yakima, IGttitas, Klickitat, and Skamania hereby authorize the establishment of the South Central Workforce Development Council as a non-profit corporation under the laws of the State of Washington, and designate the South Cenkal Worftforce Development Council as the fiscal ancl adrninistrative agent of the South Central Consortium as follows: I. f'orrnation of a Non-profit Corporation, known as the South Central Workforce Developrnent Councll A. The Workforce Development Council shall be incorporated pursuant to the authority provided in RCW 39.34.030(3Xb) as a Washington non-profit corporation known as the South Central Worlcforce Development Corurcil ("SCWDC'). B. The four counties of Yakima, I(ittitas, Klickitat and Skamania shall be the only members ofthe SCWDC. C. The four counties sha1l fulfill their responsibilities as members ofthe SCWDC through the South Cenkal Consortium, previously established by Interlocal Agreement among the four oounties. If. Powers of the four county mernbers A. Operational Responsibilities The four counties, acting through the South Central Consortium shall: 1. Approve the bylaws of the corporation; 2. Appoint the board of directors of the SCWDC pursuant to nomination and appointment processes established under WIOA and regulations promulgated thererrnder, and in accordance with the nomination process prescribed by the SCWDC bylaws; 2lP age 3. Approve the SCWDC's five year strategic and operational plan; 4. Make recommendations on and approve the SCWDC's selection of workforce service providers; and 5. Attend meetings of the SCWDC, as provided in section VIIbelow. B. Corrective Action The four counties, aoting through the South Central Consortium shall have the power to resolve differences with the SCWDC end ultimately dissolve the corporation pursuant to the procedures set forth in section VItr below. Ill.Responsibilities of the SCWDC A. Pursuant to the regulations of WIOA and in compliance with the requirernents established by the Governor of the State of Washington, SCWDC shall develop the local and regional plan for the review and concuffence by the Consortium. Upon the approval and signatures of the Chair of the SCWDC board of directors and the Chief Elscted Official (CEO) of the South Central Consortium, the five year strategic and operational plan will be submitted to the Govemor of the State of Washington for approval. B. SCWDC shall comply with the Workforce Innovation and Opportunity Act of 2014, referred to as the WIOA and federal nrles and regulations. (WIOA Title I) and its regulations; the Wagner-Peyser Act as amended and applicable; and other applicable Federal laws and regulations; and the irnplementing State of Washington hovisions, as issued, for counties comprising "Workforce Development Areas" under the WIOA Public Law. C, SCWDC shall develop annual budgets for itself and for the programs as described in the local and regional plan andpursuant to the WIOA. D. SCWDC shall provide policy guidance and direction on all matters pertaining to the provision of services underthe WIOA. E. SCWDC will rnonitor and evaluate the training prograrns operated within the Workforce Development Area. SCWDC reports shall be distributed in a timely manner. F. The SCWDC board of directors, shall hire and retain a Chief Executive Officer who shall be an "at will" employee as defined by Washington law. The Chief Executive Officer shall report to the Chair and tho Board of Directors. The Board of Directors may dismiss the Chief Executive Officer. G. The SCWDC board of directors shall provide oversight to the activities of staff and the Annual Budget, and will provide guidance and zupervision to the Chief Executive Officer, who in turn shall employ and set working conditions for SCWDC staff. 3lPage H. SCWDC shall select workforce service providers and training providers as appropriate to carry out the purposes of the WIOA and according to the procedures set forth in the local and regional plan. I.SCWDC shall solicit the input and participation of the local business community in theprovision ofprogram services to eligible residents ofthe Workforce Development Area- J. SCWDC may solicit and accept grants and donations from sources other than Federal funds. K. SCWDC shall assist the Governor in developing statewide employnrent statistics, L. SCWDC shall procure and maintain fixed assets and expendable supplies necessary forprogram operation. M. SCWDC shall collect and dispose ofprogram income generatedbyprogram activities pursuantto 20 CFR Part652,New OMB Uniform Guidance (referredto as the "super Circular". N. SCWDC shall procure audits of firnds as required under the WIOA and shall resolve any questions arising from these audits. O. SCwDc shall develop and manage a system to hear and resolve grievances brought by participants, vendorso and other interested parties as required by the WIOA. P. Other duties as prescribed by the WIOA. IV. Designation of the SCWDC ns liscal agent A. Dgsiqration of Local Grant Subrecipient and Local Fissal Agent ln accordanqe with Section 106(bX1XB) of the wIoA, and in accordance with the Interlocal Cooperation Act of 1967 (Chapter 39.34,Revised Code of Washington) the SCWDC is designated as the local grant subrecipient and local fiscal agent. The SC\ryDC shall perfonn all of the fiurctions assigned by the WIOA to the local grant subrecipient and local fiscal agent. This designation is effective July 1, 2015 and shall be in force unless terminated or revised according to provisions section IV. 2 below. B. Withdrawal of Designations l. Local fisqal agent The Consortium retains the right in its sole dissretion to withdraw the designation of the SCWDC as local fiscal agent if the Consortium deterrnines ttrat a breach of this designation has ocourred and the Consortium has exercised due process to resolve the matter formally by following the Corrective Action producers set forfr 4lPage below in secJion vIII, below, before withdrawing the designation as fiscal agent, Upon such withdrawal, the Consortiurn shall assume all duties of the SCWDC as local fiscal agent until such time as it designates another entity to act on behalf of the Consortium, and the Consortium shall indemnify and hold harmless the SCWDC for the Consortium's negligent acts or omissions after the effective date of withdrawal. 2. Local want subrecipient The Consortium retains the right in its sole discretion to withdraw the designation ofthe SCWDC as local grant sub recipient if the Consortirnn determines that a breach of this designation has occurred and the Consortium has exercised due process to resolve the matter formally by following the Conective Action producers set forth below in section VIII, below, bofore withdrawing the designation as local grant sub recipierrt. Upon withdrawal of designation of the SCWDC as local grant sub recipient, the Consortiurn shall assume all duties of the SCWDC as local grant sub recipient, including but not limited to all contractual obligations that the SCWDC has undertaken as local grant sub recipient, until such time as it designates another entity to act on behalf of the consortiurn, and the Consortium shall indemnifir and hold harmless the SCWDC for the Consortium's negligent acts or omissions after the effective date of with&awal. C. Adoptionpf the WIOA Local and Regional plan The SCWDC shall provide the Consortium a copy of the draft strategic plan when it is sent out for public comtnent, and a copy ofall proposed or adopted changes to the annual plan. The SCWDC shall also provide the Consortium a copy of the final, proposed strategic plan no later than 15 days before the date of the required zubmittal to the State. D. Adoption and Adrninistrptioq of the WIOA Budget 1. At the beginning of the scwDc's fiscal year, the scwDC shall provide the consortium a proposed wIoA annual budget for comment. The scWDC shall apply the funds received under the WIOA in accordance with the approved budget, together with any changes.requested by the consortium and adopted by the SCWDC. 2. The scwDC shall notifu the consoftium prior to filing any application for a grant that is available to the SCWDC as the Consortium's designee under the WIOA. This notification may be provided verbally or in writing. g. ruer-nal3e\Aew Until July 1,2015 the SCWDC shall maintain the internal review process set forth in the lnterirn Agreernent in effect since July 3, 2000. After July l,20l6,the SCWDC will armnge for an independent audit at least annually, and will provide copies of the results of each audit to the Consortiurn. 5lPage F. SiUC{e Audit Requirement Once per fiscal year, the SCWDC shall have an independent audit conducted of its financial statement and condition. The audit shall comply with the requirements of GAAS (general accepted auditing standards); GAo's standards for Audits of Governmental organzations, Prrrgrams, Activities, and Functions; and office of Management and Budget (OMB) Uniform Adminisffative Requirements, Cost Principles, and Audit Requirernents for Federal Awards, 2 cFR paxt 200 et. seq., and the u.s.D. Depa$ment of Labor Unifotn Adminishative Requirements, Cost Principles, and Audit Requirements adopting the oMB rule with DoL exceptions, 2 CFR paft1900 et. seq. (hereafter, "oMB uniform Guidance and DoL exceptions'), the conffactor shal maintain records that identify all federal funds received and expended, as amended, and as applicable. The SCWDC shall provide a copy of the auditreport to the Consortium no later than six months after the end of the scwDC's fiscal year.the scwDC shal provide to the Consortium its response and corrective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audii to aoManagement Letter" or other correspondence made by the auditor, the SCWDC shall provide to the Consortium copies of those comrnunications and the SCWDC's response and corrective action plan. G. Deposit and Disbursement of WIOA funds All funds made available to the Local Areapursuant to the WIOA and other federal or state programs overseen by the Consortium and SCWDC shall be deposited into an accowrt or accounts created and maintained by the local fiscal agent. All funds shall be deposited in an institution that is guaranteed by the FDIC or FSLIC. The local fiscal agent will disburse all funds forworkforce inveshnent activities at the direction of the SCWDC, in accordance with the requirements of the.WIOA. H. Copies ofReports The SCWDC shall provide the Consortium with copies of all reports that the SCWDC provides to the full Board of the SCWDC and all other reports that the Consortium may request in writing with reasonable, advance notification. I. Maintenance of Regords 1. The SCWDC shall maintain accotutts and recorcls, including personnel, property, financial, and progmrnmatic records and other such records as rnay be deemed necessary by the Consortium to ensure proper accounting for all WIOA and other federal or state funds overseen by the Consortiurn and SCWDC and in compliance with this designation. 6lPage 2. These records shall be rnaintained for a period of six (6) years after teffnination of this designation unless permission to deshoy them is granted by the office of the Archivist in accordance with Revised Code of Washington (RCSD Chapter 40.L4. V. Indemnificaflon and fnsurance A. The Consortium assumes no responsibility for thepayment of any compensation, wages' benefits, or taxes by or on behalf of the SCWDC any of its employeeso or any other percon or entify by reason of this designation, except as set forth herein regarding withdrawal of designation. The SCWDC shall protect, defend, indemnify, and save harmless the Counties of Yakima, I(ittitas, Klickitat and Skamania and the CEO and any of their officers, agents, and employees from and against any and all claims, costs, or losses whatsoever occurring or resulting from: (1) The SCWDC's failure to pay any such compensation, wages, benefits, or taxes, or (2) the supplying to the SCWDC of work, services, materials, or supplies by any council employees or other suppliers in connection with or support of the performance under this designation, except as set forth herein regarding withdrawal of designation. B. The SCWDC is financially responsible for and, following an audit exception, shall repay the Consortium all amounts indicated therein that the Consortium is required to pay due to the negligence, intentional act, or failure, for any reason, of the scwDC, its officers, employees, agents, or representatives to comply with the conditions of this Agreement, the WIOA or any des or regulation promulgated there under. This duty to repay the Consortirun shall not be diminished or extinguished by the expiration or piior tennination of this Agreonent. C. The SCWDC shall protect, defend, indemniff, and save harmless the Consortiurn, the Counties, and their respective officers, employees, and agorts frorn any and all costs, clairns, judgments, or awards of darnages, arising out o{ or in anyway resulting from, any negligent acts or omissions of the SCWDC or any of its oflicersn employees, or agents under this designation, excqrt as set forthherein regarding withdrawal of designation. The SCWDC's obligafion under this subparagaph extend to any claim, demand or cause of action brought by, or on behalf of, any of its ernployees or agents. For this purpose, the SCWDC, after mutual negotiation with the Consortiurn will consider entering into a separate agteement that waives, as respects the Consortium and the Counties only, any irnmunitythat would otherwise be available against such claims under the Industrial lnsurance provisions of Title 51 RC\M. In the event the Consortium or Counties incur anyjudgment, award, or cost, including attomeys' fees to enforse the provisions of this article, and all such fees, expenses, and costs shall be recoverable from the SCWDC. D' Claims shall include, but not be limited to, assertions that use of transfer of software, book, documenf, report, film, tapeo or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copynght, patent, trarlemark, frade namq or otherwise results in unfair trade practice. TlPage E. The SCWDC shall procure and maintain for the duration of this designation, insurance against claims for irliuries to persons or damages to property that may arise from, or in connection with, the performance of work by the SCWDC or uny of its agents, representatives and employees. The Consortiurn shall be named as an addition insured on all policies. The SCWDC shall also require each of its subcontracts (except govemmental entities such as the City, Coturty and State) to procure and maintain similar liabilityinzurance and to provide to the SCWDC separate certificates of insurance and policy endorsements for each subcontractor as evidenpe of compliance with this insurance requirement, The cost of such insurance shall be paid by the SCWDC or subcontractor. The SCWDC's insurance coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except by the reduction of the applicable aggregate limit by clairns paid, until after forty-five (45) days prior written notice has been given to the Consortium, F. The SCWDC shall furnish the Consortfuun with certificates of insurance and endorsements to demonshate the acquisition and maintenance by the SCWDC and its subcontractors of the insurance coverage required under this Designation. VI. Non-discrimination and conflict of interest A' The SCWDC shall cornply with all applicable federal, state, and local laws, rules, and regulations pertaining to non-discrimination. B, The SCWDC shall cornply with the conflict of interest provisions of the WIOA. VII. Consortium Participation in Councll Activities The Consortium and its representatives are entitled to attend all meetings of the SCWDC including but not limited to the full ScwDC, the Executive committee and all cornmittees and workgroups, provided that the SCWDC may exclude the Consortium and its representatives from anyportion of a meeting regarding relations with the Consortium or a dispute arising between the SCWDC and the Consortium. The Consortium and its representatives shall have the right to speak and to rnake written comments, but shall not have avote at SCWDC meetings, YIII. Corrective Action A. If the Consortium determines that a breach of the conditions of the formation of the SCWDC as a non-profit corporation or designation of the SCWDC as the Consortiurn's fiscal and administrative agent has occurred that may be sufficient to cause the Consortium to revoke the SCWDC's designation as local grant sub recipient, or to dissolve the non-profit corporation, the Consortium shall first attempt to resolve the matter informally by verbally notifring the SCWDC of the alleged breach, and then scheduling a meeting to discuss and atternpt to resolve the matter, SlPage DocuSigrr Envelope lD FD7 Cl4A4-4E2C-4FFA-9D3F-C74BC 1 D39A8E Effective this -.---_ day of ----. 2021 Attest: .lul 1e Lalvrence Clerk of the Board Approved As l'o Form B' If the Clonsortittm is not satisfiecllvith the inl'binral resolution process, it shall notifythe SCWDC in ivriring of the spccific nature olrhe breach, and the Sclvnilf,.ir-'-"' responcl irt w|iling '"vithin ten (10) business days of its leceipt of such notificatiorr, whichresponse shall indicate tlte steps being taken to correct the s ecifiecj degciencies. flrecorrectivc actiotl plan shall specily the proposecl compleriori clate for.coming intocontpliance, r'vhich date shall not be nlor. ihan filteen(15) business clays tiJrn the clate 1rfthe SC.WDC"s tesllotrse, rmless the Consortiunr in its sole cliscretion grants in writing anextension olthe nuurber of days to complete the corrective action plair. C' The Clonsortiunt ivill notify the SCWDC in rvriting ol the Consortiuur,s determination as to the sLrflicier"rcy of the SCWDC's corrective actiorr plan. ivhich cletennination ol sLrfTicierrcy shall lre at the sole discretion olthe Consorti'Lrm. Iithe Corrsorliunr notifies the Cotrncil that the correction action plan is insuflcient or has not been completed,n'ithin tlfleen ( l5) business clays of said notification. an in-person meeting stratt f;e iretA betlveen the Consortirtm attcl representatives of the Boarcl oi'the SCWDCio discuss anclaltenlpl to re.solve the clispute. In the event that the SCWDC does not responcl rvith in rheap;:ropfiate tirne witlt a corrective action plan, or the SCWDC's correctire action plan iidetennined by the Consortiunt to remain insulllcient lbllowing the in-person meetinj, theComortiunt ntal' revoke its ctcsignation ol'local grant recipieni, o, u"t to clissolve the no'-profit,corPorzrtion [:y giving at least thirty (30) bu.siness dtiys' rvr-itten notice to theSCWDC. Yakima Countl' BOCC Agreement 090-2021 BOARD OI"' COUNTY COMM ISS IONERS YAKIMA COUNTY, WASHINGTON Approved this 27 day of Comntissioner l*o^o/o Conrnrissioner n1 ssroner ,2021 9il',ir', Yakrrna Courrty, WA Approved As To Form Kititas County BOARD OF COLiNTY COMMISSIONERS KITflTAS , WASHINGTON Approved this of Commissioner .2021. ,lilrtliilt ilr*$,+' ilt lLI,L &(*-J{ab l0 | l'a g r-' BOARD OF COTJNTY COMMISSIONERS KLICKITAT COIINTY, WASHINGTON Approved this of 2021 Approved As To Form Counsel Klickitat County lllPage BOARD OF COUNTY COMMISSIONERS SKAMANIA COUNTY,+b)7' auy w of 2021 frm*'tb: l"Jb* Approved As To Form Legal Counsel Skamania County Approved this fr) m r:;O rI.IE ("'&^j, a+ tj'1 d 12lPagr: