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