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HomeMy WebLinkAboutItem 07 Lane Workforce Council IGA AGENDA ITEM SUMMARY Meeting Date: 10/1/2018 Meeting Type: Regular Meeting Staff Contact/Dept.: Mary Bridget Smith/CAO Staff Phone No: 541 744 4061 Estimated Time: Consent Calendar S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Provide Financially Responsible and Innovative Government Services ITEM TITLE: LANEWORKFORCE COUNCIL INTERGOVERNMENTAL AGREEMENT (IGA) ACTION REQUESTED: Approve motion to execute the 2018 Amendment & Restatement of the Lane Workforce Council Agreement. ISSUE STATEMENT: The purpose of this amendment is to remove references to Junction City, which declined to become a member government of the Lane Workforce Council and to comply with the Workforce Innovation and Opportunity Act (WIOA) rule requiring a written agreement addressing the liability of the Lane Workforce Council member governments. ATTACHMENTS: ATT1: 2018 Amendment & Restatement of the Intergovernmental Agreement of the Lane Workforce Council DISCUSSION/ FINANCIAL IMPACT: The Lane Workforce Partnership (LWP) is the designated local workforce investment board for Lane County. It is charged with using federal workforce funds to make investments in the community. The LWP includes a Workforce Council made up of member governments. The main responsibilities of the Workforce Council are to receive grant funds, approve a budget and appoint the LWP Board. Previously, the member governments were Springfield, Lane County and Eugene, but in 2015 the LWP made plans to amend the Workforce Council to include the cities of Florence, Cottage Grove and Junction City. During that process, Junction City decided not to participate as a member government and as a result, the 2015 IGA must be amended to remove any reference to Junction City. The 2018 Amendment to the IGA also amends the section regarding the member governments’ status as public body under the Oregon Tort Claims Act for the purpose of complying with the WIOA rule requiring a written agreement addressing member government liability. 1-- Lane Workforce Council Intergovernmental Agreement 2018 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, and Florence as Member Governments. C. The governments of Lane County, and the Cities of Cottage Grove, Eugene, Florence, 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. D. This 2018 restatement is made to remove references to the City of Junction City, which declined to become a Member Government and to comply with WIOA Final Rule Section 683.710, which requires a written agreement addressing liability of the Member Governments. Attachment 1, Page 1 of 5 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, 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 5 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 5 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. Oregon Revised Statutes Section 190.080 (as amended or renumbered from time to time) applies to this agreement. However, 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 Attachment 1, Page 4 of 5 5-- Lane Workforce Council Intergovernmental Agreement time to time). Each 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 August 1, 2018. 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 SPRINGFIELD: By: Springfield City Attorney Mayor Attachment 1, Page 5 of 5