HomeMy WebLinkAboutMINUTES - 07202004 - C.74 TO: BOARD OF SUPERVISORS ''. Contra
FROM: Bob Lanter, Executive Director , Costa
Workforce Development Board ', #
DATE: July 20, 2004 `°� �.... County
SUBJECT: Memorandum of Understanding with the 4
Workforce Development Board
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S): APPROVE the proposed Memorandum of Understanding with
the Workforce Development Board of Contra Costa County and AUTHORIZE the Chair of
the Board of Supervisors to sign on behalf of the Contra Costa County Board of
Supervisors. This Agreement will apply to the period commencing on July 1, 2004 through
June 30, 2005, inclusive, and shall thereafter be automatically renewed for one year
periods from year to year until its termination as provided herein.
FISCAL IMPACT: None
BACKOROUNDfREASON{SYFOR RECOMMENDATION(S): The United States
Congress has established and enacted the Workforce Investment Act of 1998 (20 C.F.R.
Part 652, et. al. Public Law 105-220, 112 Stat 936), which authorized the expenditure of
federal funds for workforce investment systems in designated local workforce investment
areas (Local Area). Contra Costa County has been designated as a Local Area in the
State of California Strategic Five-Year Plan signed and approved by the Governor. WIA
requires that the local workforce investment board and the chief local elected official work
in partnership. The purpose of this Agreement is to define the roles and responsibilities
for the administration of the Workforce Investment Act of 1998 (WIA) and its regulations
and any and all directives as may be prescribed by the Governor for the partnership
between the Workforce Development Board of Contra Costa (WDB) and the Contra Costa
Board of Supervisors (BOS). Through this partnership the WDB and the BOS will
endeavor to provide effective local policy development for and administration and
oversight of WIA.
�a
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
----- ------------------------------------------------------------------------------------------ Z,=--------
-f-RECOMMENDATION
---c. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIONOF BEARCS COMMITTEE
---APPROVE OTHER
SIGNATURE(S):
ACTIC7N OF BEA N p APPROVE AS RECOMMENDED C4:F&R-
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT P, ) AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED
CONTACT: Bob Lanter,646-5382 ,((� SW E T V,CLERK OF THE
, B D OF UPERVISORS AND
COUNTY ADMINISTRATOR
CC: County Counsel
County Administrator
Workforce Development Baord �.
BY l DEPUTY
Agreement between the Workforce Development Board of Contra Costa
and the Contra Costa County Board of Supervisors
for the Administration and Oversight of the Workforce Investment Act
of 1998
1. Purpose. The purpose of this Agreement is to define the roles and responsibilities
for the administration of the Workforce Investment Act of 1998 (WIA) and its
regulations and any and all directives as may be prescribed by the Governor for
the partnership between the Workforce Development Board of Contra Costa
(WDB)and the Contra Costa County Board of Supervisors (BOS). Through this
partnership the WDB and the BOS will endeavor to provide effective local policy
development for and administration and oversight of WIA.
2. Background. The United States Congress has established and enacted the
Workforce Investment Act of 1998, which authorized the expenditure of federal
funds for workforce investment systems in designated local workforce investment
areas (Local Area). Contra Costa County has been designated as a Local Area in
the State of California Strategic Five-Year Plan signed and approved by the
Governor. WIA requires that the local workforce investment board and the chief
local elected official work in partnership. WIA requires the establishment of a
workforce investment board(in Contra Costa County the WDB.)
3. Term. This Agreement will apply to the period commencing on July 1, 2004
through June 30, 2005, inclusive, and shall thereafter be automatically renewed
for one year periods from year to year until its termination as provided herein.
4. WDB Responsibility and Authority.. Contra Costa County Board of Supervisors
Resolution 2000/342 dated May 9, 2000 designated the WDB as the local
workforce investment board. As such, the WDB is empowered to provide
workforce policy development, design and oversight with respect to operations
and activities under the Local Plan, in accordance with WIA. The WDB is
responsible for:
A. Development of the Contra Costa County Local Plan. The WDB shall
be responsible for the development of the Local Plan for the Local Area,
as required by WIA, in accordance with the following conditions.
(1) The WDB shall identify the employment needs of the Local Area's
unemployed and under-employed,the labor force needs of area
employers, and appropriate linkages between funds made available
under WIA and economic development activities in the area; and
shall conduct such other analyses as are required by WIA or which
the WDB determines to be appropriate and necessary to discharge
its responsibilities;
(2) The WDB shall solicit the input and participation of the local
business community,job seekers and all other stakeholders
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regarding the provision of workforce investment system services in
the Local Area;
(3) The WDB shall develop and maintain a process to secure public
input and comment on the Local Plan and programs to be funded
under WIA; and
(4) The WDB shall,upon approval and signature of the WDB Chair
and the Chair of the BOS, be responsible for submittal of the Local
Plan to the Governor of the State of California for approval.
B. WDB Membership. WIA requires the establishment of a partnership
between the public sector and the private sector of the development and
administration of workforce investment systems. The WDB shall be
responsible for the recruitment and recommendations to the BOS of new
WDB and Youth Council members who support this public/private sector
partnership.
C. Establishment of the WDB Youth Council. The WDB shall establish
and oversee the WDB Youth Council for Contra Costa, a subgroup of the
WDB required by WIA.
D. Negotiation of Memoranda of Understanding. The WDB shall
negotiate and execute memoranda of understanding and cost sharing
agreements with its WIA mandated partner agencies for the provision of
required core services in the One-Stop Centers, as required by WIA.
These memoranda and agreements shall be sent to County Counsel for
review and approval as to form.
E. Workforce Policy. The WDB shall develop and oversee the
implementation of workforce policy for the Local Area. Specific areas of
policy development include,but are not limited to. the One-Stop system,
youth activities, employment and training activities under WIA, local
workforce systems performance,promoting private sector involvement in
the workforce investment system, and strengthening economic
development strategies.
F. Workforce Investment 1'rorarns. Services & Activities. The WDB
shall be responsible for the day-to-day planning, oversight and evaluation
of workforce investment programs, services and activities within the Local
Area. In carrying out these responsibilities the WDB shall have the
following authority;
1) Designation of the One-Stop Operator. The WDB will specify the
role and responsibilities of the operator. The WDB shall be solely
responsible for the program design and scope of work to be provided
by its designated One-Stop Operator. With Approval of the BOS, the
WI3B may designate its One-Stop Operator through competitive
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processes or through a selection of a consortium of WIA mandated
partner agencies.
2) Selection of Service Providers.The WDB shall develop program
design,provide input to the procurement process, and select workforce
investment service providers for the Local Area. Selected service
providers will be forwarded to the BOS for approval of contracts.
3) Budget Development. The WDB shall develop a budget for the
purpose of carrying out its duties, including allocations of funding
including operating expenses,program services and activities. The
WDB budget will be forwarded by the fiscal agent to the BOS for
approval.
4) Information Management and Reporting. The WDB shall oversee
systems for managing and reporting information on workforce
investment programs, services and activities. This includes any
management and reporting systems required by funding sources as
well as any additional systems the WDB deems necessary for effective
planning and evaluation.
5) Monitoring and Oversight. The WDB shall monitor its workforce
investment programs, services and activities, including monitoring of
expenditures. The WDB may modify specific allocations of funding
to service providers, and/or contract service plans as a result of
monitoring, subject to the approval of the BOS.
G. Other Workforce Investment Related Funds. As the designated local
workforce investment board, the WDB may be eligible to apply for other
workforce related funding. The WDB may elect to apply for this funding
individually or in partnership with other local workforce investment
boards. In partnership with the BOS, the WDB may apply for any
additional funding it deems appropriate to support and/or leverage existing
workforce investment policies and activities approved under the Local
Plan; however, all awards of funding and contractual agreements issued as
a result of successful applications will be subject to the approval of the
BOS.
H. Grievance Procedures. The WDB will develop and manage a written
process to hear and resolve grievances which may be brought by
customers of the workforce investment system, contract service providers,
eligible training providers, and other interested parties, as required by
WIA.
I. Annual Report. The WDB shall prepare and present a written annual
report, summarizing the successes and challenges faced in achieving the
goals set forth in the Local Plan. The annual report shall be submitted to
the BOS, economic development organizations, educational institutions
and other workforce investment system stakeholders.
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5. BOS, Responsibility and Authority. The BOS is the chief local elected official
and designated grant recipient under WIA. The BOS is responsible for:
A. Receipt of Funding. The BOS shall receive from the federal government,
through the State of California as required, WIA funding and shall make
such resources available to fund the local plan. This provision shall also
apply to other workforce investment related funds received as a result of
WDB applications referenced in Paragraph 4.G. above.
B. Appointment of WDB Members. The BOS shall designate and appoint
the local workforce investment board in accordance with Federal and State
criteria, and review and appoint new WDB members upon
recommendation by the WDB. Any additional criteria for WDB member
approval desired by the BOS will be communicated to the WDB.
C. Approval of the Contra Costa County Local Plan. The BOS will
review the Local Plan as developed by the WDB, and may include any
necessary amendments before approval. In the event that the WDB and the
BOS cannot reach mutually satisfactory agreement on approval of the
Local Plan, as required by WIA, representatives of the WDB and the BOS
shall meet and attempt to resolve such disagreement. When one or more
parties to this Agreement concludes that agreement between the WDB and
the BOS cannot be reached, any and all unresolved issues pertaining to the
Local Plan shall be referred for mediation before a three-member panel
consisting of one representative of the WDB, one representative of the
BOS, and one impartial representative who is acceptable to the WDB and
BOS representatives.
D. Desip-nation of Fiscal/Administrative Agent. The BOS will provide
administrative support services to the WDB including, but not limited to,
budget and fiscal services,personnel, information technology and legal
services as may be required to comply with WIA, and any and all
regulations and/or those directives as maybe prescribed by the Governor,
and all other applicable, associated Federal and State laws and regulations.
With the agreement of the WDB,the BOS may designate one of its
Departments to act as fiscal/administrative agent under this Agreement.
At a minimum, the designated fiscal/administrative agent shall:
(1) maintain a consolidated office support and staff structure sufficient
to meet the needs of the WDB. Staff will perform administrative
duties for the WDB and will also perform compliance-related
duties required of the BOS as grant recipient;
(2) manage procurement processes, including competitive solicitation
and contractual agreements, as directed by the WDB and the BOS;
(3) process and report approved expenditures to appropriate funding
sources;
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(4) report expenditure information to the WDB and the BOS in a
manner that is satisfactory to both entities.
o. Joint Responsibility and Authority. The WDB and BOS agree to have joint
responsibility for the implementation of a successful workforce development
system in Contra Costa County. This system should be developed and structured
to foster a competitive workforce advantage for the County. Accordingly, to the
degree resources are available, the WDB and BOS agree to be jointly responsible
for.
A. Adoption and Implementation of WIA Principles. The WDB and BOS
shall cooperate to create a local workforce investment system which
incorporates the WIA Principals of streamlining services, empowering
individuals,universal access, increased accountability, strong role for
local workforce investment boards and the private sector, state and local
flexibility, and improved youth programs. Both parties will ensure that
workforce investment services will be provided to all job seekers and
employers according to their needs,regardless of characteristic or
affiliation.
B. Liaison between the WDB and the BOS. In an effort to enhance
communications between the BOS and the WDB, each party shall
designate an individual staff member(s)to act as a liaison with the other.
The liaisons will be responsible for sharing workforce investment related
goals, challenges, activities and information from each party on an on-
going basis. Furthermore, year-end accomplishments and upcoming year
challenges should be reported annually.
C. Selection of WDB Executive Director. The WDB Executive Director
shall be appointed by and serve at the pleasure of the BOS or its designee.
However,the BOS or its designee must invite participation and input on
the selection process from the WDB. The WDB may initiate discussions
with the BOS regarding compensation, appointment, or dismissal. In
addition,the BOS shall not dismiss the WDB Executive Director without
discussing with and giving reasonable consideration to any concerns
expressed by the WDB. The current WDB Executive Director is approved
by both parties to the Agreement and need not be re-appointed upon
signing this Agreement.
D. Review of Designated Fiscal/Administrative Agent. At the request of
either party,WDB members and County Administrator's Office (CAC})
staff may meet to review the performance of the BOS designated
fiscal/administrative agent.
7. Incorporation of the WDB. The WDB may elect at a future time to incorporate.
If so elected, incorporation shall be effected in conformance with the laws of the
State of California. Thereafter, tax-exempt status as a non-profit corporation
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under U.S. Internal Revenue code Sections 501(c)(3), 501(c)(4) or 504 shall be
maintained at the discretion of the WDB. The WDB shall obtain errors and
omission insurance in an amount sufficient to protect the funds dispersed at its
direction under this Agreement.
8. Dispute Resolution. It is the joint authority and responsibility of both parties to
this Agreement to ensure effective service delivery which provides the most
beneficial mix of workforce investment activities to job seekers and private
employers in Contra Costa County.
A. Local Plan Disputes. In the event that the WDB and the BOS cannot
reach mutually satisfactory agreement on approval of the Local Plan, as
required by WIA, representatives of the WDB and the BOS shall meet and
attempt to resolve such disagreement. When one or more parties to this
Agreement concludes that agreement between the WDB and the BOS
cannot be reached, any and all unresolved issues pertaining to the Local
Plan shall be referred for mediation before a three-member panel
consisting of one representative of the WDB, one representative of the
BOS, and one impartial representative who is acceptable to the WDB and
BOS representatives.
B. Other Disputes. In the event that one party disagrees with the action or
the policy of the other party, the matter shall be referred to the County
Administrator for recommendations for resolution. In the event resolution
cannot be reached, that matter will be referred to mediation.
9. Termination. Either the BOS or the WDB may terminate this Agreement upon
sixty (60) calendar days prior written notice to the other party specifying the date
of termination. This Agreement may be terminated immediately or at any time by
written mutual consent of the parties.
10. Amendments. Either the WDB or the BOS may propose amendments to this
Agreement at any time. Any amendment to this Agreement shall require the
approval of the majority of each party hereto, and shall be in written form.
11. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services
under this Agreement may provide some aid or assistance to members of the
County's population, it is not the intention of either party hereunder that such
individuals occupy the position of intended third-party beneficiaries of the
obligations assumed by either party to this Agreement.
12. Notices. All notices hereunder shall be in writing and shall be served either by
personal delivery or by first class mail,properly addressed and postage pre-paid,
as follows:
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BOS: Contra Costa County Board of Supervisors
County Administration Building
651 Pine Street Room 106
Martinez, CA 94553
WDB: Workforce Development Board of Contra Costa
2425 Bisso Lane, Suite 100
Concord,Ca 94520
IN WITNESS WHEREOF, the parties hereto execute this Agreement on the dates set
forth below:
WORKFORCE DEVELOPMENT BOARD OF CONTRA COSTA:
DATE:
Kathleen Robinson, Chairperson
Attest: DATE:
Robert Lanter, Executive Director
CONT COSTA COUNTY O OF SUPERVISORS:
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r DATE:
Feder Glover, Chairperson
DATE:
ATTEST: John Sweeten, Clerk of the Board
of Supervisors and County Administrator
By �-
uty Clerk
Approved as to Form
County Counsel
By
Deputy
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