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HomeMy WebLinkAboutItem 14 Lane Workforce Partnership Intergovernmental Agreement (IGA) AGENDA ITEM SUMMARY Meeting Date: 6/15/2015 Meeting Type: Regular Meeting Staff Contact/Dept.: Mary Bridget Smith/ CAO Staff Phone No: 541-746-9621 Estimated Time: Consent S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: LANE WORKFORCE PARTNERSHIP INTERGOVERNMENTAL AGREEMENT (IGA) ACTION REQUESTED: Approve/Not Approve the signing of the Amendment And Restatement Of The Intergovernmental Agreement Of The Southern Willamette Private Industry Council To Serve As The Chief Elected Official For The Lane County, Oregon Pursuant To The Workforce Innovation And Opportunity Act of 2104 And To Change Its Name To The Lane Workforce Council. ISSUE STATEMENT: On June 8, 2015 in Council Work Session, Kristina Payne, Executive Director for Lane Workforce Partnership provided an overview of the proposed changes to the Intergovernmental Agreement (IGA) for the Lane Workforce Partnership and the Agreement Between the Lane Workforce Council, Lane Workforce Board and Lane Workforce Partnership. The Lane Workforce Partnership IGA is being updated to reflect a new name (Lane Workforce Council), add the cities of Junction City, Florence and Cottage Grove and to make governance changes in response to the Governor’s Executive Order and upcoming changes in the federal Workforce Innovation and Opportunity Act (WIOFA). ATTACHMENTS: Attachment 1: Amended IGA Attachment 2: May 26, 2015 Memo from Mary Bridget Smith regarding update on Lane Workforce Partnership DISCUSSION/ FINANCIAL IMPACT: The Lane Workforce Partnership is the designated local Workforce Investment Board for Lane County and as such receives federal funding to invest in education and training systems to support employers and the business community. Springfield has participated in the Lane Workforce Partnership for many years and currently Councilor Moore sits on the Lane Workforce Board. This item is before the Council because the IGA is being updated to add Junction City, Florence and Cottage Grove to the organization and is currently scheduled for Council consideration June 15th. Also, the name of the entity created by the IGA is being changed from the Southern Willamette Private Industry Council to the Lane Workforce Council. Finally, the amended IGA is meant to replace an earlier version from 2000 and to comply with an Executive Order from the Governor requiring the Lane Workforce Partnership to separate itself from government control and upcoming changes to the federal Workforce Innovation and Opportunity Act (WIOFA). The Agreement Between the Lane Workforce Council, Lane Workforce Board and Lane Workforce Partnership is the agreement that lays out the rights and responsibilities among the separate entities that make up the larger organization. 1-- Lane Workforce Council Intergovernmental Agreement AMENDMENT AND RESTATEMENT OF THE INTERGOVERNMENTAL AGREEMENT OF THE SOUTHERN WILLAMETTE PRIVATE INDUSTRY COUNCIL TO SERVE AS THE CHIEF ELECTED OFFICIAL FOR LANE COUNTY, OREGON PURSUANT TO THE WORKFORCE INNOVATION AND OPPORTUNITY ACT OF 2014 AND TO CHANGE ITS NAME TO THE LANE WORKFORCE COUNCIL RECITALS: A. The Governments that are a party to this agreement recognize the serious and complex problems resulting from unemployment among their citizens. They also recognize that a healthy, vigorous and growing economy built upon prosperous and expanding local private businesses and industries is necessary to provide a lasting solution to these problems. Further, recognizing that the problems and the solution transcend traditional governmental boundaries, the Governments have determined that the solution can be best obtained by joining together in a common, concerted effort in partnership with the private sector. B. This Intergovernmental Agreement is established pursuant to ORS Chapter 190 for the purpose of establishing a Chief Elected Official as authorized by section 107(c)(1)(B) of the Workforce Innovation and Opportunity Act of 2014 (hereinafter “Act”). This agreement amends and restates the Intergovernmental Agreement that was executed in 1984, and amended in 1998 and 1999, changes the name of the entity to Lane Workforce Council, and adds the cities of Cottage Grove, Junction City, and Florence as Member Governments. C. The governments of Lane County, and the Cities of Cottage Grove, Eugene, Florence, Junction City, and Springfield, all in the State of Oregon (hereinafter, “Member Governments”), intend by this Intergovernmental Agreement, to enumerate the respective responsibilities of the Member Governments with respect to the Lane Workforce Board (LWB) and Lane Workforce Partnership (LWP), to fulfill the role and responsibilities of the Chief Elected Official for the Lane County Workforce Area of the Act and a similar role with respect to other federal and state job training programs as applicable to Lane County, Oregon. Attachment 1, Page 1 of 6 2-- Lane Workforce Council Intergovernmental Agreement ARTICLE I 1. Name. The name shall be changed from the “Southern Willamette Private Industry Council” to the “Lane Workforce Council” (hereinafter “LWC”). 2. Purpose And Authority. This Agreement establishes a cooperative, voluntary arrangement among the Member Governments in order to fulfill the duties of the Chief Elected Official under the Act. This agreement amends and restates the Intergovernmental Agreement that was executed in 1984, and amended in 1998 and 1999, changes the name of the entity to Lane Workforce Council, and adds the cities of Cottage Grove, Junction City, and Florence as Member Governments. The Governments acknowledge the prior formation of the SWPIC as a unit of local government pursuant to ORS 190.003 et. seq. By executing this Amendment, the Governments do not intend to alter the organizational status of SWPIC (now LWC) as an entity. This Agreement took effect upon its execution in 1984 and remains in full force through this Amendment and the duration provisions provided in this Amendment. 3. Local Area. The Lane County geographic area was previously designated as a single Service Delivery Area pursuant to the Job Training Partnership Act and the Workforce Area under the Workforce Investment Act. Under the Workforce Innovation and Opportunity Act, and subject to such designation by the decision of the Governor of the State of Oregon, the Member Governments also designate Lane County as a Local Workforce Investment Area (hereinafter “Local Area”). ARTICLE II GOVERNANCE 1. The LWC shall be governed by a Board of Directors consisting of the persons appointed to the LWC by each Member Government as set forth below. Board Membership shall be open to the County of Lane, plus all incorporated cities with Lane County, Oregon, that have a population over five thousand persons and with more than five hundred businesses. The Board shall have the discretion to add cities located within the County of Lane, if such city, or one or more industries located therein, is determined to be an economic driver. 2. Each Member Government shall appoint one person to the Board. Each Member Government shall determine for itself its appointment process; however, the person so appointed must meet the requirements of the Act, and its implementing regulations, as amended or adopted from time to time. 3. Each member of the Board of Directors shall have one (1) vote. Decisions shall be made at meetings where there is a quorum. A quorum shall consist of a majority of the appointed membership. 4. Decisions shall be made by an affirmative vote of a majority of the currently filled positions on the Board of Directors (not simply a majority of the members present at a meeting). Attachment 1, Page 2 of 6 3-- Lane Workforce Council Intergovernmental Agreement 5. The Board shall appoint its own Chair, who shall serve as the Chair of the meetings. 6. For purposes of any action as to which the Act requires the signature of one local elected official, the Member Governments, through their elected official who serves on the Lane Workforce Council, shall from time to time designate one member of the LWC Board of Directors to serve as their signatory as the "Chief Elected Official" under the Act. ARTICLE III MEETINGS 1. The Board of Directors shall meet at such times and places as may be designated by the Chair and approved by a majority of the Board, provided that at least one meeting shall be held annually. 2. A majority of the Board of Directors may, by petition to the Chair, direct that a meeting be held. 3. All meetings of the Board of Directors shall conform with Oregon law, including – but not limited to -- Oregon Public Meetings Law (ORS 192.610 et seq); and, shall be conducted in accordance with Roberts Rules of Order, as far as is reasonable and practical. ARTICLE IV DUTIES A. Lane Workforce Council. The Lane Workforce Council shall serve as the Chief Elected Official for Lane County, Oregon. Its duties shall include—but are not limited to—the following: 1. Appoint members of the Lane Workforce Board in accordance with Section 107(c)(1) of the Act; 2. Serve as the Grant Recipient for funds allocated to the local area under Section 117(d)(3) of the Act. Pursuant to Section 107(d)(12)(B)(i)(I) of the Act, the Lane Workforce Council hereby designates the Lane Workforce Partnership to act as the Local Fiscal Agent for such funds; 3. Approve the portion of the Lane Workforce Board budget related to the Act under Section 107(d)(12)(A) of the Act; 4. Participate as a partner of the Lane Workforce Board in the development, approval, and submission of the local strategic plan under Section 107(d)(1) of the Act; Attachment 1, Page 3 of 6 4-- Lane Workforce Council Intergovernmental Agreement 5. Participate in the selection of one-stop operators and other service providers under Section 107(d)(10); 6. Participate as a partner of the Lane Workforce Board in carrying out local program oversight under Section 107(d)(8) of the Act; and 7. Participate in conjunction with the Lane Workforce Board in the negotiation of local performance measures under Section 107(d)(9) of the Act. ARTICLE V DURATION AND TERMINATION 1. Subject to the right of any Member Governments to withdraw as stated herein, this Agreement shall take effect upon its execution, except as amended effective, on and after July 1, 2015, shall remain in full force and effect until termination by unanimous vote of the parties hereto and delivery to the Board of Directors of Lane Workforce Partnership and the Lane Workforce Board at least one hundred eighty (180) days prior to the effective date for termination, of a notice of such intended termination. 2. Any Member Government may withdraw as a participating Member under this Agreement after delivery of written notice to the Board of Directors of Lane Workforce Partnership, Lane Workforce Council, and the Lane Workforce Board through the office of the representative thereof who signs this Agreement. In order to be effective, such notice of withdrawal must be received by all such parties at least one hundred eighty (180) days prior to the end of the LWC fiscal year that follows the delivery of such notice. If so received, such withdrawal shall become effective as of such year end. Any indebtedness or liabilities reasonably incurred by LWC on behalf of a withdrawing Member Government prior to the effective date of the withdrawal shall remain an obligation of the withdrawing party. ARTICLE VI AMENDMENT 1. Any amendment to this Agreement must be in writing, and shall be signed by a representative of each Member Government. ARTICLE VII LIABILITIES AND TRANSFERS 1. Nothing in this Agreement shall be interpreted as any waiver of the rights and immunities to which Member Governments are subject due to their respective status as an Oregon Public Body under ORS 30.260 (as amended or renumbered from time to time). Each Attachment 1, Page 4 of 6 5-- Lane Workforce Council Intergovernmental Agreement Member Government hereby expressly retains all the rights and benefits of the Oregon Constitution and the Oregon Tort Claims Act. IN WITNESS WHEREOF, this Agreement is executed and effective on and after July 1, 2015. APPROVED AS TO FORM: FOR LANE COUNTY: By: Lane County Legal Counsel Chairman, Board of Commissioners FOR THE CITY OF COTTAGE GROVE By: Cottage Grove Legal Counsel Mayor FOR THE CITY OF EUGENE By: Eugene City Attorney Mayor FOR THE CITY OF FLORENCE By: Florence City Attorney Mayor FOR THE CITY OF JUNCTION CITY By: Junction City Attorney Mayor Attachment 1, Page 5 of 6 6-- Lane Workforce Council Intergovernmental Agreement FOR THE CITY OF SPRINGFIELD By: Springfield City Attorney Mayor Attachment 1, Page 6 of 6 Attachment 2, Page 1 of 2 Attachment 2, Page 2 of 2