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HomeMy WebLinkAboutRes-2021-120 InterlocalBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION No. 2021- I *p 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, Therefore, 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 &trtu day of 2021, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COLINTY,w GTON V /,ililltl a of 'T n*o INTERLOCAL AGREEMENT AMONG YAKIMA COUNTY, WASIIINGTON KITTITAS COUNTY, WASHINGTON KLICKITAT COUNTY, WASHINGTON SKAMANIA COUNTY, WASHINGTON TO ESTABLISHTTIE SOUTH CENTRAL WORKF'ORCE DEVELOPMENT COUNCIL ASA WASHINGTON NON.PROI'IT CORPORATION Ah[D TO DESIGNATE THE SOUNTH CENTRAL WORIfl'ORCE DEVELOPMENT COUNCIL AS THE FISCAL Ai\D ADMINISTRATIVE AGENT OF THE SOUTH CENTRAL CONSORTIUM WHEREAS, the Congress of the United States has enacted the Workforce Innovation and Opporhmity Act of 2074, Public Law 113-128, (WIOA) to amend the Workforce lnvestment Act of 1998 to shengfhen the United States workforce development system through innovation in, and alignment and improvement o{ employment, training, and education p.ogroms in the United States, and to promote individual and national economic growth, and for otherpurposes; and WHEREAS, the counties of Yakima, Kittitas, Klickitat and Skamaniaconstitute a jurisdiction as a W.orkforce Development Area (Workforce Developrnent Area IX) purzuant to the Govemor'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 progr&m yeaxs following the date of enacffnent of this Act, the Govemor shall approve a request for initial designation as a local area from any af,ea that was designated as aLocal area for purposes of the Workfolce Investment Act of 1998 for the 2-year period preceding the date of enacftnent of this Act, perforrned zuccessfully, and susiained fiscal integrity,; and WHEREAS, the Interlocal Cooperation Act of 1967, Chapter 39.34,RCW, permits local govemmental units to cooperate and to provide services and facilities in a manner which will lccord best with the geographic, economic, demographic and other factors influencing the development of local communities; and llPage WHEREAS, bylnterlocal Agreement, the counties ofYakima, Kittitas, Klickitat, and Skarnania have fonned the South Central Consofiium to oversee workforce activities; and WHEREAS, the WIOA requires the establishment of a Workforce Developrnent Council to prgvide 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 of Yakima, 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 funds from sources other than the federal government, it is appropriate fonn the Workforcebeveloprnent Council as a non-profit corporation; NOW, THEREFORE, counties of Yakima, IGttitas, Klickitat, and Skamania hereby authorize the establishment of the South Cenkal Workforoe Development Council * u oon-prodt corporation under the laws of the State of Washington, and designatJ the South Cenkal Workforce Development Council as the fiscal ancl administrative agent of the Soulh Central Consortium as follows: I. Forrnation of a Non-profit Corporation, known as the South Central Workforce Developrnent Council 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 D evelopment Council (..S CWD C',). B. The four corurties of Yakima, I(ittitas, Klickitat and Skamania shall be the only mernbers ofthe scwDc. C. The four counties shall fuIfilItheirresponsibilities as mernbers of the SCWDC through the South Central Consoftium, previously established by Interlocal Agreement among ttre tour counties. ff. Powers of the four county mernbers A. Operational Responsibilities The four counties, acting through the South Central Consortium shall: 1. Approve the bylaws ofthe corporation; 2. Appoint the board of directors of the SCWDC pursuant to nomination and appointnent processes established under WIOA and regulations promulgated thereunder, and in accordance with the nomination process prescribed by the SCWpC 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 Consortiurn shall have the power to resolve clifferences with the SCWDC and ultirnately 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 shail dJvelop the local and regional plan for the review and concurence by the Consortium. Upon the approval and signatures of the Chair of the SCWDC board of directors and the Chief Elected 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 W'agner-Peyser Act as amended and applicable; and other applicable Federal laws and regulations; and the implonenting State of Washington Provisions, as issued, for counties comprising o'Workforce Development Areas" under the WIQA Public Law. C' SCWDC shall develop annual budgets for itself and for the programs as described in tho local and regional plan and pursuant to the WIOA. D. SCWDC shall provide policy guidance and direction on all matters pertaining to the provision of services under the WIOA. E. SCWDC will rnonitor and evaluate the training prograrns operated within the Workforce Development Area. SCWDC reports shall be distributed in a timely rnanner. F. The SCWDC board of directors, shall hire and retain a Chief Executive Offlcer who shall be iln "at will" employee as defined by Washington law. The Chief Executive Officer shall report to the Chair and the Board of Directors. The Board of Directors may dismiss the Chief Executive Ofiicer. 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 tum shall employ and set working condifions 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 the provision ofprogram services to eligibte 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 employment statistics, L. SCWDC shall procrne and maintain fixed assets and expendable supplies necessary forprogram operation. M. SCWDC shall collect and dispose ofprogram income generatedbyprograrn activities pursuant to 20 CFR Part 652, New OMB Uniform Guidance (referred to 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, vendors, and other interested parties as required Uy tfue WIOA. P. Other duties as prescribed by the WIOA. IV. Designation of the SCWDC as liscal agent A. Dgqimation of Local Grant Subrecipient and Local Fissal Agent ln accordance with Seotion 106(bXlXB) of the WIOA, and in accordance with the Interlocal Cooperation Act of 1967 (Chaptor 39.34,Revised Code of Washington) the SCWDC is designated as the local grant subrecipient and local fiscal agent. fn" SCWDC shall perforrn all of the functions assigned by the WIOA to the local grant subrecipient and local fiscal agent. This designation is effective July 1, 20lS indshall be in force unless terminated or revised according to provisions section tV. 2 below. B. Withdrawal of Desienations 1. Local fisc.al agent The Consortium retains the right in its sole discretion to withdraw the designation of the SCWDC as local fiscal agent if the Consortfurm detenaines ttrat a briach of this designation has ocourred and the Consortium has exercised due process to resolve the matter fonnally by following the Corrective Action producers set forlfi 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 consoftium, and the consortium shall indemniff and hold harmless the SCWDC for the Consortium's negligent acts or omissions after the effective date of withdrawal. 2. Local grant subreoipient The Consortium retains the right in its sole discretion to withdraw the designation ofthe SCWDC as local grant sub recipient if the Consortium 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 secfion vIII, below, bofore withdrawing the designation as local grant sub recipient. Upon withdrawal of designation of the SCWDC as local grant sub recipient, the Consortium shall assume all duties of the SCWDC as local grant sub recipient, inclucling but not limited to all contractual obligations that the SCWDC has undertaken as looal grant sub recipient, until such time as it designates another entify to act on behalf of the Consortiurn, and the Consortium shall indemnifu and hold harmless the SCWDC for the Consortium's negligent acts or omissions after the effective date of withdrawal. C. Adoptiql pf the WIOA Local ancl 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 consortiurn a copy of the final, proposed strategic plan no later than 15 days before the date of the required s,ubmittal to the State. D. Adoption and Adrninistration 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, requasted by the consortium and adopted by the SCWDC. 2. The scwDC shall notifu the consortium prior to filing any application for a grant that is available to the SCWDC as the Consortium's designee uncler the WIOA. This notification may be provided verbally or in writing. n. Ir.tjemal Revigw Until July 7,2015 the SCWDC shall maintain the internal review process set fortfi in the lnterim Agreernffrt in effect since July 3, 2000. After July l,z0l6,the scwDC will arftmge for an independent auclit at least annually, and will provide copies of the results of each audit to the Consortium. 5lPage F. Si4e{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 Snndards for Audits of Governmental organtzations, Prograrns, Activities, and Functions; and office of Management and Budget (OMB) Uniform Adminiskative Requirements, Cost principles, and Audit Requirements for Federal Awards, 2 cFR part 200 it. seq., and the u.s.D. Depa$ment of Labor Uniforn Administrative Requirements, Cost Principles, and Audit Requirements adopting the OMB rule with DOL exceptions, 2 CFR partigob et. seq. (hereafter, *oMB Uniform Guidance and DoL exceptlons,), the conffactor shall maintain records that identiff all federal firnds received andexpended, as amended, ancl as applicable. The SCWDC shall provide a copy of the auditreport to the Consortium no later than six months after the end of the scwDc,s fiscal year.the scwDC shall provide to the Consortium its response and corective action plan for all findings and reportable conditions contained in its audit. When reference is made in its audilto aoManagement Letter" or other correspondence made by the auditor, the SCWDC shall provide to the Consortiurn copies of those comrnunications and the SCWDC's response and corrective action plan. G. De,po$it and Disbursement of WIOA funds All funds made avaiiable to the Local Areapursuant to the WIOA and other federal or state programs overseen by the Consorlium and SCWDC shall be deposited into an account or accoults created and maintained by the local fiscal agent. A11 funds shall be deposited in an institution that is guaranteed by the FDIC or FSLIC. The local fiscal agent will disburse all frrnds for workforce inveshnent activities at the direction of the SCWDC, in accordance with the requirements of the WIOA. H, Copies of Repqrts 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 accorurts and recorcls, including personnel, property, financial, and prograrnmatic records and other such records as maybe deemed necessary by the Consortium to ensure proper accounting for all WIOA and other federal or state funds overseen by the Consortiurn and SOWDC and in compliance with this designation. 6lPage 2. These records shall be rnaintained for a period of six (6) years after termination of this designation unless permission to deshoy them is grantedby the office of the Archivist in accordance with Revised code of washinglon (RC$D chapter 40.14. V. Indemnification and Insurance A. The Consortium asswnes no responsibility for the payment of any compensation, wages, benefits, or taxes by or on behatf of the SCWDC any of its employies, or any other person or mtity by reason of this designation, except as set forlirheiein iegarding withdrawal of designation. The scwDc shall protect, defend, indemnify, and sarve harmless the Counties of Yakimao I(ittitas, Klickitat and Skamania and tir'* CBO a1d any oftheir officers, agents, and employees from and against any and all claims, costs, or losses whatsoever occurring orresulting from: (1) The SCWDC's failure to pay any such compensation, wages, benefits, or taxes, or (2) the supplying to the SCWocoiwoik, services, materials, or supplies by any council employees or other suppliers in connection with or support of the performance under this designation, except as r"t 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 Consortiurn is iequiied to pay due to the negligence, intentional ast,or failure, for any reason, of the scwD-c, its officers, employees, agents, or representatives to comply with the conclitions of this Agreement, the \trIIOA or any rules or regulation promulgated there under. This duty to repay the Consortiun shall not be diminishecl or extinguished by the expiration orpiio, termination of this Agreement. C. The SCWDC shall protect, defend, indrmnify, and save harmless the Consortium, the Counties, and their respective officers, employees, and agents from any and all costs, clairns, judgments, or awards of darnages, arising out of, or in any way resulting from, anynegligent acts or omissions of the SCWDC or any of its officers, employees, or agents under this designation, except as set forth herein regarding withdrawal of- designation. The SCWDC's obligafion under this subparagraph extend to any clairn, demand or cause of action brought by, or onbehalf oi, uny oiits ernployr.* t, agents, For this pulpose, the SCWDC, after mutual negotiation with the Consortium wili considsr entering into a separate agreement that waives, as respects the Consortium antl the Counties only any immunity that would otherwise be avaiiable against zuch claims under the Industrial lnsurance provisions of Title 51 RCW. In the evsnt the Consortium or Counties incur any judgment, award, or cost, including attomeys' fees to enforce the provisions of this article, and atl such fees, expenses, and costs shall be recoverable from the SCWDC. D. Clairns shall includq but not be limited to, assertions that use of transfer of software, book, document, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an infringement of any copynght, patent, frademaf,k, trade narng or otherwise results in unfair trade practice. TlPage E. The SCWDC shall procure and rnaintain for the duration of this designation, insurance against claims for ir{uries to persons or damages to property that may arise frorn, or in connection with, the performance of work by the scwDC or uoy of its agents, representatives and ernployees. The Consortium 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, Courty and State) to procure and rnaintain similal liability insurance and to provide to the SCWDC separate certificates of insurance and policy endorsements for each subcontractor as evidenpe of compliance with this insurance requirerrent. The cost of such insurance shall be paid by the SCWDC or subcontractor. The SCWDC's insurance coverage shall not be suspended, voided, canceled, redtrced in coverage or in limits, except by the reduction of the applicable aggregate limit by claims paid, until after forty-five (45) days prior written notice has been given to the Consortium. F. The SCWDC shall furnishthe Consortiun with certificates ofinsurance 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 comply with all applicable federal, state, and local laws, rules, and regulations pertaining to non-discrimination. B' The SCWDC shall comply with the conflict of interest provisions of the WIOA. ' VII. Consortium Participation in Council Activities The Consortiurn and its representatives are entitled to attend all meetings of the SCWDC includingbutnot limited to the fulI SCWDC, the Executive comrnittee and all cornmittees and workgroups, provided that the SCWDC rnay exclude the Consortium and its representatives from anyportion of ameeting regarding relations with the Consortium or a dispute arising between the SCWDC and the Consortium. The Consofiium and its representatives shall have the right to speak and to make written comments, but shall not have a vote at SCWDC meetings. YIII. Correetive 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 Consortium's fiscal and administrative agent has occrlned 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 notifuing the SCWDC of the alleged breach, and then scheduling a meeting to discuss and attempt to resolve the matter. SlPage DocuSign Envelope lD: FD7C14A4-4E2C-4FFA-gD3F-C74BC1D39A8E Eilective this =-_ cla;, of ----. 2021 Attest j Lalvreuce Clerk of the Board Approved A.s l'o Fornr B' Ilthe Cotrsortiuttr is not satisfieclr.r,ith the inlbnnal rcsolutiou process. it sliall notilythe SCtrrDC in rvriling of the spccific nature of'the breach, ancl tlie SCWDC shallrespond irr w|iting rvitlrin ten (10) busirtess days olits leceipt of'such notificatiotr, whichresponse shall indicate tlte steps being tahen to correct the specitiecldeflciencies. ThecorrectiVe action plan shatl specily tlte ploposecl courpletiori clate fbr coning intocontpliatice' '-vhich <late shall not be nlore than illteen(15) business clays tiorn the clate gf the SCWDC5 respollse, unless the Consortium in its sole clisctetion grants in writing anextension of tlre nurnber of cla-vs to complete the corrective action plan. C' The C'onsortiunt '"vill notify the SCWDC in ri,riting o1'tire Consortiuur's deiermilation as to the sulllciencv of the SCWDC's ccrrective action plnn. rvhich cletennination olsufTiciency shall bcr at the sole cliscretion olthe Consoltiunr, If the ConsortiLrnr notifiesthe Cotrrtcil that the correction action plan is insufllcient or has not been completecl,rvithin fiileen ( I-5) bLrsiness da,vs of said notitication. an in-person rneeting stratt Ue'tietabetrveen the Consortium ancl representatives of tlie Boarcl oitlie SCwDC to discuss a'claltenlpt to res0lve the clispLrte. In the el,ent that the SCWDC cloes not r.esponcl r.vith ip theappropriate time "vith a corrective action plan, or the SCWDC's corrective actiol f fap isdetemined by the Cotisortiuut to remain insutllcient f'ollowing the in-person meeting, theComorliuni trlal' revoke its ctesigrration o1'local grant recipieni. or act to clissolve the non- Itlr-*ll_.9nro|ation Ll,giving ar leasr thirt,v (30) bu.siness clays' rvritten norice ro rlieSCWDC. BOARD OF COUNTY COMMISSIONERS YAKI MA COLTNTY, WASFTINGTON Approvecl this ;fl day of . fl,n.), Comntissioner i*o^"1o frk,;^zy Conrnrissioner ?n? r I-egal Co Yakinra Countr BOCC Aclreenrent 0s0-2a21 Yak ura CJcrrrnty \,A/.4 BOARD OF COI.JNTY COMMISSIONERS KIT|ITAS CO WASHINGTON Approved this of .2021 Approved As To Form Kittitas Corurty I Commissioner il*lqb I WW TIL ililtiJ lril l0 | I'a g c Approved As To Form Legal Counsel Klickitat County BOARD OF COT,INTY COMMISSIONERS KLICIilTAT COTINTY, WASHINGTON Approved this yof 0ner 2021 lllPagc BOARD OF COLINTY COMMISSIONERS SKAMANIA COLTNTY, W*l^ Approved tni, )7' day of GTON 2021. Approved As To Form Legal Counsel Skamania County fra*r ib: m J"AA* (r&*lr o{ t}r1 oner '-:u Til!: rr1f:]t1 12ll'arlr: