HomeMy WebLinkAboutOlympic Consortium Board JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Kate Dean, Commissioner
DATE: February 27, 2023
SUBJECT: AGREEMENT,Amendment No. 1 re: Interlocal Olympic Consortium Board
Operations for Workforce Innovation and Development: No Dollar Amount;
Jefferson County Administrator; Kitsap County and Clallam County
STATEMENT OF ISSUE:
Jefferson County partners with Kitsap and Clallam Counties to implement federal funding for Workforce
Development(WFD) activities. The WFD "infrastructure" includes:
• Olympic Workforce Development Council, which is a multi-stakeholder policy board;
• Staff at Kitsap County,the fiscal sponsor/administrator of workforce funds & activities; and
• Olympic Consortium Board, comprised of elected officials from the three counties who form an
oversight board for these funds.
The attached Olympic Consortium Board Agreement updates a version signed recently following review and
requested changes from funders. It does not change the nature of the agreement. The agreement serves to
outline the roles the Consortium Board in relation to Kitsap County as the recipient of Workforce Innovation
and Opportunity Act(WIOA) funding. This agreement is in need up updating to stay current with federal
regulations.
ANALYSIS: The attached agreement is required to be signed by all three County's' Commissioners and
legal teams in order to be in compliance with WIOA.
RECOMMENDATION: Sign the Olympic Consortium Board Agreement.
FISCAL IMPACT: None
REVIEWED BY:
141,2
Mark McCaul y County Administrator 4ate
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PUCE)
CONTRACT WITH: Interlocal w/Olympic Consortium Board,Clallam&Kitsap Co's Contract No: BoCC OCB 23 Amendl
Contract For: Federal Funding for Workforce Development Term: ongoing
COUNTY DEPARTMENT: Bocc
Contact Person: Commissioner Dean
Contact Phone: X100
Contact email: jshannon@co.jefferson.wa.us
AMOUNT: none PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES C MPLIA E WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: �■ N/A: ��
S' nature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS N T BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A: 17
ignature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 2/16/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 2/15/2023.
Good jpb hitting all the ILA requirements.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
Restated Olympic Consortium Agreement
0
Pursuant to the
Workforce Innovation and Opportunity Act of 2014 n
Between
Clallam County, Washington
Jefferson County, Washington g-
Kitsap County, Washington
October 2022
Table of Contents
RESTATEDCHARTER.....................................................................................................................................3
ARTICLEI...................................................................................................................................................3
ARTICLEII..................................................................................................................................................4
ARTICLEIII.................................................................................................................................................4
ARTICLEIV...........................................................................................................................I.....................4
ARTICLEV.................................................................................................................................I................6
ARTICLEVI.................................................................................................................................I...............6
ARTICLEVIi...............................................................-....................................................I.................I........7
ARTICLEVIIi..........................................................................................................................................I....7
ARTICLEIX..............................................................................................................................I.......I..........8
ARTICLEX.........................................-...............................................................................................I......8
ARTICLEXI........................................................................................................................I......I......I..........8
ARTICLEXII......................................................................................................................I....I......I......I.....18
RESTATED CHARTER
RECITALS
WHEREAS, Clallam,Jefferson, and Kitsap Counties (collectively, 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 reaffirmed the Olympic Consortium in
May 2000, pursuant to the Workforce Investment Act of 1998 (WIA); and
WHEREAS, the Congress of the United States enacted the Workforce Innovation and
Opportunity Act of 2014 (WIOA), replacing WIA effective July 1, 2015; and
WHEREAS, under 29 U.S.C.A. § 3122(c)(B)(i) and 20 C.F.R. § 679.310(e), when a local
workforce area includes more than one unit of general local government, the chief elected
officials of such units may execute an agreement that specifies the respective roles of the
individual chief elected officials, and, under chapter 39.34 RCW, any two or more public
agencies may enter into an agreement with one another for joint or cooperative action; and
WHEREAS, the Parties wish to update and restate their May 2015 Consortium
Agreement to reflect current program requirements;
NOW,THEREFORE, the Parties reaffirm a WIOA Consortium to be governed by the
following articles:
ARTICLE I
NAME -The Parties reaffirm the Olympic Consortium (the "Consortium") as a consortium
pursuant to the WIOA.
PURPOSE -The purpose of the Consortium is 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
U.S. Department of Labor's Training and Employment Guidance Letter (TEGL) 19-14;
D. Oversee, together with the WDC, the area's One-Stop system for the delivery of unified
workforce development services; and
E. Perform all other workforce development-related services delegated to the Consortium
by the federal government, the State of Washington, or by the Parties.
ARTICLE II
COMPOSITION —The Consortium is composed of the following three counties: Clallam County;
Jefferson County; and Kitsap County.
ARTICLE III
SERVICE AREA—The area and population to be served consists of:
A. Clallam County
B. Jefferson County
C. Kitsap County
The Parties will take all steps necessary to ensure that the three-county area is designated a
Workforce Development Area pursuant to WIOA.
ARTICLE IV
CONSORTIUM BOARD—The Consortium Board (the "Board") constitutes the governing body of the
Consortium. The Board will exercise all powers, functions, and responsibilities necessary or
appropriate to govern the Consortium. The Board may establish rules and procedures (including by-
laws) as it deems necessary or appropriate.
A. Membership—The Board is composed of three elected Commissioners from each of the three
counties, for a total of nine members.
B. Voting—Each member of the Board has one vote. All decisions of the Board will be made by
no less than a majority vote of a quorum at a meeting where a quorum is present.
C. Quorum—A quorum consists of a total of no less than three of the nine members, provided
that at least one member from each county is present. Any business affecting a member's
county must be approved by the board of commissioners of the county affected.
D. Chair,Vice Chair, and Second Vice Chair—The Board will 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 year. Officers of the Board will consist of one elected member from
each county, and officers will rotate annually through ascension.
E. Meetings—The Board will meet at such times and places as may be designated by the Chair.
In the absence of the Chair, the Vice Chair will preside over meetings. In the absence of the
Chair and Vice Chair, the Second Vice Chair will preside over meetings. In the absence of the
Chair, Vice Chair, and Second Vice Chair, a Chair pro-tempore will be elected by a majority of
the members present to preside for that meeting only.
F. Duties
a. Establish by-laws in conjunction with the WDC consistent with the state policy for
WDC set forth in WIOA Section 107(c)29 U.S.C.A. § 3122 and 20 C.F.R. § 679.310.
b. In partnership with local workforce development council, perform all functions
outlined in WIOA Section 107(d)29 U.S.C.A. § 3122 and 20 C.F.R. § 679.370, and
summarized as follows:
• Develop and maintain the 4-year Local Plan
1. Conduct workforce research and regional labor market analysis to assist
in the development and implementation of the local plan
2. Convene workforce development system stakeholders in the
development of the local plan and identify resources to leverage
support for workforce development
• Lead employer engagement efforts
• Collaborate with education representatives to develop and implement career
pathways
• Identify and promote proven and promising practices
• Develop and implement strategies for using technology to maximize the
accessibility and effectiveness of the local workforce development system for
employers, workers, and job seekers
• Conduct program oversight
• Negotiate local performance accountability measures
• Negotiate methods for funding the infrastructure costs of One-Stop centers in the
local area
• Select and monitor One-Stop operators and service providers
• Ensure adequate availability of career and training services, maximizing consumer
choice
• Coordinate workforce activities with education and training providers
• Develop, implement, and monitor WIOA budget
• Assess and enact accessibility for individuals with disabilities
• Certify One-Stop centers in accordance with 20 C.F.R. § 678.800
G. WDC Agreement—The Board will enter into an agreement with the WDC establishing
respective roles of the Board and the WDC.
ARTICLE V
A. WDC Appointments—The members of the WDC will be appointed to fixed and staggered
terms by the Board, utilizing nomination and appointment procedures established by the
WIOA, 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 must reasonably reflect the respective
populations of the three counties.The Board will reach consensus on each WDC appointment.
If consensus cannot be reached on a given nominee, an alternative nominee will be
considered. If the Board cannot reach consensus on the appointment of the alternative
nominee for a given position, the Board will vote to determine the appointment.
C. Resignation —Any WDC member may resign by submitting written notice to the WDC Chair,
and to the Board. Members must 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 the Board to remove a WDC member, with or without
cause, by a majority vote, provided that at least 15 calendar days' notice of the proposed
action has been provided to the member, the WDC, and to the Board. Unexcused absences
from three consecutively scheduled WDC meetings may be deemed good cause for removing
a member from the WDC.
ARTICLE VI
GRANT RECIPIENT— Kitsap County is the grant recipient for the Consortium and the WDC. As such,
Kitsap County will:
A. Exercise those duties and responsibilities as grant recipient as set forth in federal and state
law or as established by the Board; and
B. Comply with WIOA in respect to property management and procurement; and
C. Ensure all conditions of grant approval are met, including, but not limited to, compliance with
applicable laws, monitoring and reporting requirements, and management of subgrants and
contracts.
ADMINISTRATIVE EXECUTIVE DIRECTOR AND STAFF—Kitsap County is the designated entity for
employment of administrative executive director and staff that service the Board and WDC.
A. Hiring—Although the administrative executive director assigned to the Board and the WDC
will remain an employee of Kitsap County, the WDC in collaboration with the Board shall have
authority in the selection and performance review of the administrative executive director.
B. Responsibilities—The administrative executive director and staff are responsible for
developing procedures for program planning, fiscal management, evaluating program
performance, initiating necessary corrective action for subgrantees and subcontractors,
determining whether there is need to reallocate resources, and modifying grants. The
administrative executive director and staff will perform their duties consistent with goals and
policies developed by the Board and the WDC.
C. Conflict of Interest—The administrative executive director and staff must avoid conflicts of
interest by not being the service provider and following the conflict-of-interest policies on all
issues where any potential conflict could arise.There is no evident conflict of interest
between these two roles.
ARTICLE VI
ALLOCATION OF FUNDS—All funds granted to the Consortium must be allocated and expended
among the Parties 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 VIII
LIABILITY—The Parties agree that any liability accruing under WIOA, or related grant agreements,
overseen by the Board, will be addressed as follows:
A. WIOA and other programs overseen and administered by the Consortium will observe the
highest standards of grant administration and accounting in order to minimize disallowed
costs;
B. Waivers or offset against future grant revenues will considered in lieu of any cash prepayment
of disallowed costs; and
C. As a last resort, cash liabilities which cannot be discharged in any other manner will be borne
by the Parties. Payments will be made by the Parties in proportion to the allocation of all
W10A funds in each of the three counties in the year in which the event causing cash liability
occurred.
ARTICLE IX
HOLD HARMLESS AND INSURANCE REQUIREMENTS
A. Each Party 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 Parties harmless
from any such liability.
B. In the case of negligence of more than one Party, damages allowed will be levied in proportion
to the percentage of negligence attributable to each Party. Each Party agrees to maintain CGL
insurance or coverage by the Washington Counties Risk Pool of at least $2,000,00 per
occurrence.
ARTICLE X
DURATION AMENDMENT WITHDRAWAL AND TERMINATION OF AGREEMENT
A. This agreement will take effect upon the date of its execution and will remain in effect
indefinitely, unless terminated by the Parties.
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 Board members
from each county present at a meeting duly called pursuant hereto.
C. Any Party hereto has the right to withdraw from the Consortium effective July 1 of any year,
provided that the remaining members of the Consortium have been given written notification
of that Party's intent to withdraw by December 15 of the preceding year.
ARTICLE XI
NO SEPARATE LEGAL ENTITY CREATED—This agreement does not create a separate legal entity.
PROPERTY ACQUISITION AND DISPOSITION—Any real or personal property acquired in connection
with this agreement will be held on behalf of the Consortium by Kitsap County in its capacity as fiscal
agent. Upon partial or complete termination of this agreement, any such property will be disposed of
in accordance with federal, state, and local law.
ARTICLE XII
CERTIFICATION OF AUTHORITY—The Parties, by signatures, certify that they possess full legal
authority to enter into this agreement.
[SIGNATURE PAGES FOLLOW]
Approved as to Form BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY,WASHINGTON
Legal Counsel EDWARD E.WOLFE, C it
GOMM/SS
CHARLOTTE GARRIDO, Commissioner
ROBERT GELD Co missioner
ATTEST:
Wananiels, Clerk of the Board
Approved as to Form BOARD OF COUNTY COMMISSIONERS
CLALLAM COUNTY,WASHINGTON
Legal Cou sel M4 K C
AI ,
RANDY JOHNSO ommissioner
-'P a:- 4"
BILL PEACH, Commissioner
Approved as to Form BOARD OF COUNTY COMMISSIONERS
tr JEFrERSON COUNTY, WASHINGTON
November 16, 2022 '
Philip C. Hunsucker, Date �-
Chief Civil Deputy Prosecuting Attorney HEIDI EISENHOUR, Chair
KATE DEAN jCommissioner
1
G THE N, Commissioner
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Kate Dean, Commissioner
DATE: November 21, 2022
SUBJECT: Olympic Consortium Board Agreement
STATEMENT OF ISSUE:
Jefferson County partners with Kitsap and Clallam Counties to implement federal funding for Workforce
Development(WFD) activities. The WFD "infrastructure" includes:
• Olympic Workforce Development Council, which is a multi-stakeholder policy board;
• Staff at Kitsap County, the fiscal sponsor/ administrator of workforce funds & activities; and
• Olympic Consortium Board, comprised of elected officials from the three counties who form an
oversight board for these funds.
The attached Olympic Consortium Board Agreement outlines the roles the Consortium Board in relation to
Kitsap County as the recipient of Workforce Innovation and Opportunity Act(WIOA) funding. This
agreement is in need up updating to stay current with federal regulations.
ANALYSIS: The attached agreement is required to be signed by all three County's' Commissioners and
legal teams in order to be in compliance with WIOA.
RECOMMENDATION: Sign the Olympic Consortium Board Agreement.
FISCAL IMPACT: None
REVIEWE BY:
Mark McCaule , ounty Administrator ate
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Olympic Consortium Board Contract No: BoCC OCB 22
Contract For: Implement Federal Funding for Workforce Development Term: ongoing
COUNTY DEPARTMENT: Bocc
Contact Person: Commissioner Dean
Contact Phone: x100
Contact email: ishannon@oo.jefferson.wa.us
AMOUNT: None PROCESS: Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s)of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMP IAZiCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ■❑ N/A: UA
Sig a11 ate
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: F N/A: {
Signat re Date
STEP 3: RISK MANAGEMENT REVIEW ill be added electronically through Laserfiche):
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1