HomeMy WebLinkAboutConsortium Agreement (Clallam, Jefferson, Kitsap) - 062215CONSORTIUM AGREEMENT
Pursuant to the
Workforce Innovation and Opportunity Act of 2014
Between
Clallam County, Washington
Jefferson County, Washington
Kitsap County, Washington
May 2015
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CONSORTIUM AGREEMENT
Pursuant to the Workforce Innovation and Opportunity Act of 2014
TABLE OF CONTENTS
Page No.
CHARTER.......................................................................................................................1
ARTICLEI Purpose................................................................................................1
ARTICLE II Membership..........................................................................................1
ARTICLE III Area To Be Served............................................................................... 2
ARTICLE IV Powers, Functions, and Responsibilities of Consortium ................. 2
ARTICLE V Consortium Board............................................................................... 2
ARTICLE VI WDC Appointments............................................................................ 3
ARTICLE VII Grant Recipient and Administrative Staff .......................................... 4
ARTICLE VIII Allocation of Funds............................................................................. 5
ARTICLEIX Liability................................................................................................. 5
ARTICLE X Hold Harmless and Insurance Requirements .................................... 5
ARTICLE XI Duration and Renewal of Agreement ................................................. 6
ARTICLE XII Certification of Authority..................................................................... 6
SIGNATURES.............................................................................................................. 7-9
Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
CHARTER
WHEREAS, Clallam, Jefferson and Kitsap Counties, hereinafter referred to as
"the Parties," established the Olympic Consortium in 1983 pursuant to the Job Training
Partnership Act of 1982 (JTPA); and
WHEREAS, Clallam, Jefferson and Kitsap Counties, re-established the Olympic
Consortium in May 2000 pursuant to the Workforce Investment Act of 1998 (WIA); and
WHEREAS, the Congress of the United States has enacted the Workforce
Innovation and Opportunity Act of 2014 (WIOA), replacing WIA effective July 1, 2015;
and
WHEREAS, the WIOA requires redesignation of the three (3) county area and
renewal and amendment of the original WIA Consortium Agreement;
NOW, THEREFORE, the Parties jointly establish a WIOA Consortium to be
governed by the following articles:
ARTICLE I
PURPOSE - The Parties hereby establish a Consortium pursuant to the WIOA to
replace the WIA Consortium established in 2000. The purpose of the Consortium shall
be to: (a) affirm the local Workforce Development Council (WDC) for the three -county
area; (b) appoint members to the local WDC; (c) focus on strategic operational and
governing principles for the local areas noted in the US Department of Labor's Training
and Employment Guidance Letter 19-14 (February 19, 2015); d) oversee, together with
the WDC, the area's One -Stop system for the delivery of unified workforce development
services; and (d) perform all other workforce development -related services delegated to
the Consortium from time to time by the federal government, by the State of
Washington, or by the Parties.
MEMBERSHIP - This organization shall be named the Olympic Consortium
("Consortium"), and shall consist of the following parties:
Clallam County
Clallam County Courthouse
223 East 4th
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
Port Angeles, WA 98362
Jefferson County
Jefferson County Courthouse
Jefferson & Cass Streets
Port Townsend, WA 98368
Kitsap County
Kitsap County Courthouse
614 Division Street
Port Orchard, WA 98366
ARTICLE III
AREA TO BE SERVED - The area and population to be served shall consist of:
A. Clallam County
B. Jefferson County, and
C. Kitsap County
The Parties shall take all steps necessary to ensure that this three (3) county area is
designated a Workforce Development Area ("Area") pursuant to the WIOA.
ARTICLE IV
POWERS, FUNCTIONS AND RESPONSIBILITIES OF CONSORTIUM - The
Consortium shall exercise those powers, functions, and responsibilities necessary for
planning, establishing and operating a workforce development system.
ARTICLE V
CONSORTIUM BOARD - The Consortium Board ("Board") shall constitute the
executive body of the Consortium. The Board shall exercise all executive powers,
functions and responsibilities necessary to govern the Consortium. The Board may
establish rules and procedures (By -Laws), as it deems necessary.
A. Membership - The Board shall be composed of three (3) elected
Commissioners from each of the three (3) aforementioned Counties, for a
total of nine (9) members.
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
B. Votinq - Each member of the Board shall have one (1) vote. All decisions
of the Board shall be made by no less than a majority vote of a quorum at a
meeting where a quorum is present.
C. Quorum - a quorum shall consist of a total of not less than three (3) of the
nine members, provided that at least one (1) member from each County is
present. Any business affecting a member county must be approved by the
board of commissioners of the county affected.
D. Chair, Vice Chair and Second Vice Chair - The Board shall elect a Chair,
a Vice Chair, and a Second Vice Chair, by a majority vote, at a meeting
where a quorum is present, for a term of service not to exceed one (1) year.
Officers of the Board shall be comprised of one (1) elected member from
each County, and officers shall rotate annually through ascension.
E. Meetings - The Board shall meet at such times and places as may be
designated by the Chair. In the absence of the Chair, the Vice Chair shall
preside over meetings. In the absence of the Chair and Vice Chair, the
Second Vice Chair shall preside over meetings. In the absence of the
Chair, Vice Chair and Second Vice Chair, a Chair protempore shall be
elected by a majority of the members present to preside for that meeting
only.
F. WDC Agreement - The Board shall enter into an agreement with the WDC
establishing the respective roles of the Board and the WDC.
ARTICLE VI
A. WDC Appointments - The WDC shall be appointed to fixed and staggered
terms by the Board, utilizing nomination and appointment procedures
established by the WIOA, by the State of Washington and by the Board. .
B. Consensus and Voting on Appointments - The business representatives
on the WDC shall be recommended for appointment by the Board member
in whose County the business member is employed. Non -business
representatives on the WDC may be recommended by any Board member.
Taken as a whole, WDC membership shall reasonably reflect the respective
populations of the three (3) counties. The Board shall reach consensus on
each WDC appointment. If consensus cannot be reached on a given
nominee, a second nominee shall be considered. If the Board cannot reach
consensus on the appointment of the second nominee for a given position,
the Board shall vote on the appointment.
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
C. Resignation - Any WDC member may resign by submitting written notice to
the WDC Chair, and to the Board. Members shall offer their resignations
when they retire or otherwise leave a position of optimum policy making
authority in the sector they were appointed to represent.
D. Removal - The WDC may request that the Board remove a WDC member,
with or without cause, by a majority vote provided that fifteen calendar (15)
days' notice of the pending action has been provided to the member, the
WDC, and to the Board. An unexcused absence from three (3)
consecutively scheduled WDC meetings may be deemed as being good
cause for removing a member from the WDC.
ARTICLE VII
GRANT RECIPIENT AND ADMINISTRATIVE STAFF - The Kitsap County Board of
Commissioners is hereby designated as the grant recipient and administrative entity for
the WDC and Consortium, and shall exercise those duties and responsibilities assigned
by the federal government, the State of Washington, the Board and the WDC. This will
include, but is not limited to:
A. Receipt and disbursal of funds in accordance with grant agreements and
contracts with the State of Washington, the U.S. Department of Labor, and
other fund sources.
B. Acquisitions, dispositions, and management of property in accordance with
WIOA.
C. Execution of grants, subgrants, contracts and other necessary agreements
as authorized.
D. Employment of administrative staff.
E. Development of procedures for program planning, fiscal management,
evaluating program performance, initiating any necessary corrective action
for subgrantees and subcontractors, determining whether there is a need to
reallocate resources, and modifying grants, consistent with goals and
policies developed by the WDC and Board.
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
ARTICLE VIII
ALLOCATION OF FUNDS - All funds granted to the Consortium shall be allocated and
expended among participating Counties for programs and services for which they are
intended according to State and Federal formula, approved plans, grants, and all
pertinent laws and Regulations.
ARTICLE IX
LIABILITY - The Parties agree that any liability accruing under WIOA, or related grant
agreements overseen by the Board, shall be dealt with as follows:
A. WIA and other programs overseen and administered by the Consortium
shall observe the highest standards of grant administration and accounting
in order to minimize disallowed costs;
B. Waivers or offset against future grant revenues shall be considered in lieu of
any cash repayment of disallowed costs; and
C. Finally, as a last resort, cash liabilities which cannot be discharged in any
other manner shall be borne by the Parties. Payments shall be made by the
Parties in proportion to the allocation of all WIOA funds in each of the three
counties in the year in which the event causing cash liability occurred.
ARTICLE X
HOLD HARMLESS AND INSURANCE REQUIREMENTS
A. Each County agrees to be responsible and assume liability for its own
wrongful and/or negligent acts or omissions, or those of its officers, agents,
or employees, to the fullest extent required by law, and further agrees to
save, indemnify, defend, and hold the other Counties harmless from any
such liability.
B. In the case of negligence of more than one County, damages allowed shall
be levied in proportion to the percentage of negligence attributable to each
County. Each County shall maintain insurance in some manner of at least
$2,000,000.00 for general comprehensive liability.
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
ARTICLE XI
DURATION AND RENEWAL OF AGREEMENT
A. This agreement shall take effect upon the date of its execution and shall
remain in effect indefinitely, or until amended or terminated.
B. This agreement may be amended from time to time upon the affirmative
vote of not less than a majority of members present, provided there must be
a minimum of two (2) Board members from each County present at a
meeting duly called pursuant hereto.
C. Any party hereto shall have the right to withdraw from this Consortium
effective July 1 st of any year, provided that the remaining members of the
Consortium shall have received written notification of that party's intent to
withdraw by December 15th of the preceding year.
ARTICLE XII
CERTIFICATION OF AUTHORITY - Parties, by signature, certify that they possess full
legal authority, as provided by State and local statutes charters, or ordinances, to enter
into this agreement and to establish this Consortium.
We, the undersigned, do hereby ratify this agreement and the terms and conditions
herein.
Effective this day of 2015
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
Approved As to Form
Legal Counsel—Kitsap County
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
Approved this L7 day of — 2015
Robert Gelder, Chair
�o
Edward E. Wolfe, Commis ' ner
Charlotte Garrido, Commissioner
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
Approved As to FIn
Legal Counsel—Clallam ounty
BOARD OF COUNTY COMMISSIONERS
CLALLAM COUNTY, WASHINGTON
Approved this -7 " day of Iyf,2015
&' Gai 66 Ab 664-1Cei
Jim McEntire, Chair
Mike Chapman, Commissioner
Bill P ch, Commissioner
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Consortium Agreement
Pursuant To The Workforce Innovation and Opportunity Act of 2014
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
Approved this —day of }' 2015
Approved As to Form David Sullivan, CKaTr
Legal Counsel—Jefferson County
roveddl to form only
JO Orson Co. Proses 90 tcx
David Alvarez, Chief Civil DPA
Phil Johnson, Commissioner
Kathleen Kier, Commissioner
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