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HomeMy WebLinkAboutRes 03-00 01/18/2000 WL 1/13/2000 RESOLUTION NO. 3-2000 A RESOLUTION AUTHORIZING THE EXECUTION OF AGREEMENTS BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE WORKFORCE DEVELOPMENT COUNCIL OF NORTHERN COOK COUNTY WHEREAS, the Village of Mount Prospect is a member of the Northwest Municipal Conference; and WHEREAS, the Workforce Development Council facilitates job training and job placement for disadvantaged and dislocated individuals throughout northern Cook County; and WHEREAS, as part of the Workforce Investment Act, the Northwest Municipal Conference is required by the State of Illinois to enter into a Chief Elected Officials Agreement and a Fiscal Agent Agreement, as part of the restructuring of the Workforce Development Council, formerly known as the Private Industry Council (PIC), incorporated in 1983; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that it is in the best interest of the Village to enter into the Chief Elected Officials Agreement and the Fiscal Agent Agreement with the Workforce Development Council of Northern Cook County, through the Northwest Municipal Conference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees do hereby authorize execution of the Chief Elected Officials Agreement, a copy of which Agreement is attached hereto and hereby made a part of hereof as Exhibit "A", and the Fiscal Agent Agreement, a copy of which Agreement is attached hereto and hereby made a part of hereof as Exhibit "B." SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Lohrstorfer, Prikkel, Skowron, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 18th day of January ,2000. or ATTEST: Velma/W. Lowe, Village Clerk H:\G E N~files\WIN~RES~Wo r kforce Dev Council Agrmt Jan 2000.doc THE WORKFORCE INVESTMENT AREA OF NORTHERN COOK COUNTY CHIEF ELECTED OFFICIALS AGREEMENT This Agreement is made this/~' ~ day of~ 2000 by and between the local chief elected officials of those general units~of Ioc~govemment that are members of the Northwest Municipal Conference (NWMC) and comprise the service area of the Workforce Development Council of Northern Cook County (Workforce Council), Workforce Investment Area 8 as assigned by the Governor of the State of Illinois for the purposes of the Workforee Investment Act (VVIA). The NWMC is an intergovernmental entity created under Article VII, Section 10, of the Constitution of the State of Illinois, and Chapter 5, Act 220, paragraphs 1 through 8, of the Illinois Compiled Statutes, which represents the general units of local government in north and northwest suburban Cook County. The NWMC Workforce Oversight Committee Chair will be selected from among the Mayors and Villages Presidents of the NWMC each year and shall act as the Chief Elected Official (CEO) for Section 116 of WlA. CEO RESPONSIBILITIES Workforce Board Appointments: The Chief Elected Officials will follow the procedures of the Governor and the Illinois Workforce Investment Board (IWIB) in choosing members for the Local Workforce Investment Board of Northem Cook County, hereafter known as the Workforce Board or the LWtB. As such, the appointments will be made as follows: The members of the Workforce Board will be selected by the Workfome Oversight Committee of the NWMC. The Workforce Board will represent the business sector and other organizations in the workforce investment area, pursuant to Section 117 of the Workforce Investment Act of 1998 (WIA) and the August 27, 1999 Letter from Governor George H. Ryan and attached Memorandum: Criteria and Certification Packets for Local Workforce [nvestment Boards. The full slate of initial Workfome Board appointments will be approved by the membership of the NWMC, with subsequent appointments to be made by the Workforce Oversight Committee. The Workforce Board will consist of at least 33 members representing the sectors designated in WIA. A majority of representatives will be from the business sector. These representatives who must have optimum policymaking or hiring authority and reflect employment opportunities in the area, must be nominated by local business organizations or business trade organizations. A maximum of 16 other members t EXHIBIT A including: 2 representatives from education (one of which is a community college president), 2 representatives from organized labor, 2 representatives from community based organizations, 2 representatives from economic development agencies, and 1 representative from each of the following: the Illinois Department of Employment Security, Adult Education and Literacy, Vocational Rehabilitation, Senior Community Service Employment Programs, post-secondary vocational education, CSBG employment and training, HUD employment and training, and Temporary Assistance for Needy Families (TANF). One elected official selected from the membership of the NWMC will represent WIA Title I and Welfare-to-Work. Members may represent more than one category. The NWMC may also select such other individuals or organizations as they deem appropriate to serve on the local Workforce Investment Board except that additional private sector members necessary to maintain the private sector majority shall then also be selected if the members appointed under this category are not from the private sector. Grant Recipient Designation: The NWMC will be the Grant Recipient of all WIA Title I funds for the Workforce Investment Area. The NWMC will enter into a grant relationship with the Illinois Department of Commerce and Community Affairs (DCCA). The Workforce Council, has been designated to act as Fiscal Agent in the administration of grant funds. The Workforce Council will serve as the intergovernmental agency responsible for the administrative functions adsing from the Conference's role as Grant Recipient and provider of fiscal oversight for Title I funds of WIA. The NWMC will enter into an agreement with the Workforce Council that will detail roles and responsibilities. To the extent coverage is available, the Workforoe Council shall obtain all available insurance coverage and will name the NWMC as an additional insured, the intent being to indemnify the grant recipient and its chosen intergovernmental agency against and hold them harmless from liability to third persons resulting from acts or omissions by its officers, agents, and employees and by subcontractors, service providers, or participants in any grant program, to the extent allowable under the law. Using its non-restricted funds, stand-in costs and available insurance coverage, the Workforce Council, as Fiscal Agent, will assume primary responsibility for any disallowance and will be held liable for these funds by the NWMC. However, the CEOs of the NWMC recognize that the CEOs remain financially liable for any grant funds improperly expended and disallowed by the State, if such funds would be unable to be fully recovered by the assets of the Workforoe Council and grant match stand-in costs as allowable under the law. PARTNERSHIP RESPONSIBILITIES Public Law 105-220 established the Workforce Investment Act of 1998 which authorized the Governor of Illinois to designate the NWMC consortium and the Workfome [Investment] Board of Northern Cook County as local partners for Workforce Area 8, in '~he operation of WlA Title I. These organizations share certain responsibilities for policy and program guidance, oversight, and evaluation for all activities under the Job Training Plan for this area under WIA or any activities done through another applicable government grant. The NWMC has established the Workforce Oversight Committee and designated the Chair of said committee as their representative for all grant funded activities. The joint responsibilities of the NWMC operating through the Workforce Oversight Committee and the Workforoe Board shall be as follows: Local Plan DevelolSment and Submission: Review and provide oversight for the implementation and management of the WlA Plan through periodic review of services provided under Title I of WIA. Oversight of planning will include, but is not limited to: reviewing local labor market conditions, participant enrollment and plaCement data, and progress toward meeting performance outcomes. The Workfome Oversight Committee will review, comment upon and approve the plan developed by the Workforce Board. Selection of One-Stop Operator and/or Certification of an est§blished One-Stop system and/or entity as operator: Central to the provision of employment and training programs under WIA is the One- Stop delivery system. It is the responsibility of the Workforce Board to plan for the operation of these One-Stop Centers and delegate responsibilities with the agreement of the CEO, The Workforce Oversight Committee will review, comment upon and approve, the Workforce Board plan for One-Stop operation and selection of the One- Stop operator(s). Approval of the Workforce Board's Budget The Workforce Oversight Committee will review, comment upon and approve the budget developed by the Workforce Board. WIA Program Oversight The Workforce Oversight Committee will review and provide comment on evaluations of the services and programs provided under WIA., including programs provided by the youth council. The Workforce Oversight Committee and the Workforce Board may conduct such additional oversight regarding qualitative and quantitative accountability. 3 The Workfome Oversight Committee will conduct an Annual Management and Fiscal Audit for the Administrative Entities expenditure of WIA title I funds in accordance with the single Audit Act of 1894 (PL98-502, 31 ISCS 7501 et. seq.) The Workforce Oversight Committee will annually review the procedures used by the Workforoe Council to fulfill its requirements as the staff agency for the government grant recipient. The Workforce Oversight Committee will also review compliance with specific grant requirements. Appointment of the Youth Council: The Workforce Oversight Committee will follow the procedures of the Governor and the IWlB in concurring with the Workforce Board's appointments for the Local Youth Council. Agreement on the Memorandum of Understanding (MOU): The Workforce Oversight Committee will review, comment upon and approve the MOU developed by the Workforce Board and agreed upon by the One-Stop partners. Approval of Additional non-required Partners to the One-Stop Center The Workforce Oversight Committee will review, comment upon and approve additional partners proposed by the Workforce Board to the One-Stop Center. Approval of Additional Funding Activities From time to time additional federal grant and other funding opportunities may present themselves to the NWMC and or the Workfome Board related to workforce development and social service activities. It is agreed that the staff to the Workforce Board may pursue such additional opportunities in order to increase services in the workforce investment area. CEO AGREEMENTS AND CONSULTATIONS WITH THE GOVERNOR The NWMC has established the Workforce Oversight Committee and designated the Chair of said committee as their representative for consultations with the Governor on all WlA activities. The following consultations will be undertaken with the Workforce Board: 4 1) Negotiation of local performance measures. 2) Agreement to permit the Workforce Board to provide core or intensive services. 3) Consultation with the Workforce Board if at any time it would determine it intends to serve as the one-stop operator. 4) Coordination in the development of a re-organization plan if the Workforce Board was decertified. 5) Coordination in the provision of rapid response activities. 6) Coordination in the establishment of fiscal and accountability management systems. 7) Consultation arrangements with the Governor or the Secretary of Labor concerning any activities in the local area funded by the State or by United States Department of Labor (USDOL). Modification This Agreement may be modified at any time in accordance with an agreement between the parties. Such modifications shall be entered into with the same degree of formality as was required for the execution of this Agreement. Term of Agreement This Agreement supersedes any prior agreements between the Chief Elected Officials of the NWMC. This Agreement will automatically be renewed annually unless any of the members of the NWMC provide 180 day notice prior to June 30 of each year of their intent to withdraw from the Agreement or the parties mutually agree to terminate the Agreement prior to the expiration date. THE NORTHWEST MUNICIPAL CONFERENCE AND THE WORKFORCE DEVELOPMENT COUNCIL OF: NORTHERN COOK COUNTY FISCAL AGENT AGREEMENT This Fiscal Agent agreement is made this/~' th day o~/' 2000 by and between the Northwest Municipal Conference (NWMC~/and Th~Workforce Development Council of Northern Cook County (Workforce Co~lncil), Workforce Investment Area 8 as assigned by the Governor of Illinois for the purposes of the Workforce Investment Act (WIA). The NWMC is an intergovernmental entity created under Article VII, Section 10, of the Constitution of the State of Illinois, and Chapter 5, Act 220, paragraphs 1 through 8, of the Illinois Compiled Statutes, which represents the Chief Elected Officials (CEOs) of the general units of local government in Workforce Area 8. The NWMC has been designated as the Grant Recipient of all WIA Title I funds for Workfome Area 8. The Workforce Council is designated as the fiscal agent for the disbursement of WlA funds at the direction of the Workfome Board of Northern Cook County (Workforce Board) as allowable under WIA. Section 1: The NWMC/Workfome Council Relationship Public Law 105 - 220 established the Workforce Investment Act of 1999, which authorized the Governor of Illinois to designate Workforce Area 8. The CEOs of the NWMC will establish and maintain a workforce board for northern Cook County to be their local partners in implementation of WIA. The CEOs and the Workforce Board share responsibility for policy and program guidance, oversight, and evaluation for all activities under the Job Training Plan for Workforce Area 8 or any activities conducted through another applicable government grant. The Northwest Municipal Conference The NWMC established the Workfome Oversight Committee and designated the Chair of said committee as their representative for all WIA activities. The responsibilities of the NWMC, operating through the Workforce Oversight Committee, are outlined in the CEOs Agreement. The Workfome Oversight Committee will conduct an Annual Management and Fiscal Audit for the Administrative Entities expenditure of WIA title I funds in accordance with the single Audit Act of 1894 (PL98-502, 31 ISCS 7501 et. seq.) This firm will provide the Workforce Oversight Committee with a quarterly fiscal oversight report. 1 EXHIBIT B The Workforce Development Council of Northern Cook County The overall responsibilities of the Workforce Council shall be as follows: 1. Employ adequate personnel to serve as staff to the Workforce Board. 2. Develop an annual budget including methods to allocate costs. 3. Insure prompt compliance with any findings and/or recommendations of the audit firm selected by the NWMC Workfome Oversight Committee. Workforce Council Responsibilities: WIA Title I and other Federal Grants 1. Serve as the planning entity for the purpose of meeting the planning requirements of WlA. 2. Serve as the fiscal agent for the purposes of implementation of WlA. 3. Develop the WlA Plan under the guidance of the Workforce Board and the' CEOs. 4. Operate a financial system including, but not limited to, authorization of expenditures of WIA funds and dispositions of WlA inventory and equipment in accordance with WIA and regulations and the approved WIA Plan. Ensure that fiscal records are maintained and used in recording the receipt and disbursement of WlA funds. 5. Provide data to the Workforce Board relevant to the selection of agencies or organizations to deliver services within the service delivery area. 6. Under the direction of the Workforce Board and the CEOs, take action against subcontractors, sub-grantees, and other recipients. 7. Evaluate the WlA program activities of the service delivery area in relation to area specific goals and objectives, program-specific goals and objectives, and contributions to the Governor's goals and objectives. Workforce Council Responsibilities: Non-Government Funds All non-government funds shall be the sole assets of the Workforce Council. The responsibilities of the Workforce Council shall be as follows: 1. Establish a system for ensuring that the use of funds is in accordance with the established goals and objectives, 2. Serve as the administrative and planning entity for all non-government funds. 3. Oversee the development of the financial system of the administrative entity including, but not limited to, authorization of the expenditure of these grant funds. Operate a financial system including relevant control ledgers, journals, and subsidiary registers or books of accounts used in recording receipt and disbursement of such grant funds. 4. Evaluate the programs in relation to the funds goals and objectives. Section 2: Development of the WIA Plan Pursuant to the regulations of WIA in compliance with the requirements established by the Governor of the State of Illinois, the following procedures shall be followed in the development of the WlA Plan for Workforce Area 8 with the staff of the Workforce Council having primary responsibility for its completion and transmittal to the Workforce Board and the Workforce Oversight Committee of the NWMC for review and approval: 1. Development a. Under the guidance of the Workforce Board the Workforce Council's staff shall prepare the WIA Plan and budget. 2. Review of the Plan and Budget a. The appropriate Workforce Board committee(s) shall review, revise, and recommend approval of the plan and budget to the Workforce Board. b. The Workforce Oversight Committee of the NWMC will review, revise, and recommend approval of the plan. c. The Workforce Council staff will: i. Notify interested parties of the availability of the preliminary plan for review and comment. ii. Present the plan in a public hearing for review and comment. d. Plan Approval i. The Workfome Council staff will submit proposed revisions to the Workfome Board and the Workfome Oversight Committee of the NWMC for approval. ii. Upon approval and signatures of the Workforce Board and the Workfome Oversight Committee Chair, the WIA Plan will be submitted to the Governor of the State of Illinois for approval for certification. Section 3: Indemnification The Workfome Council referred to here as the Fiscal Agent shall indemnify the NWMC referred to here as the Grant Recipient, and the NWMC's member local governments, and hold them harmless from any liability to third persons resulting from acts or omissions by its officers, agents, and employees and by subcontractors, service providers, or by any participants in any grant program. if a participant suffers any damages and makes a claim against the Grant Recipient or its agents as the result of the Fiscal Agent and/or its agents', contractors', or subcontractors' performance, or failure to perform within the scope of a grant, the scope of the Fiscal Agent's mission or purpose, or within the scope of the contract, the Fiscal Agent will defend, at its own expense, any suit based on the claims and will pay any resulting judgement against the Grant Recipient, its member local governments or its agents. Furthermore, the Fiscal Agent shall hold the Grant Recipient harmless from any claims as the result of injury to any participant suffered within the scope of employment or training provided by the Fiscal Agent or its agents, subcontractors, or service providers to the extent allowable under the law. The Workforce Development Council, as Fiscal Agent, will assume primary responsibility for any disallowance and will be held liable for these funds by the NWMC. However, the CEOs of the NWMC recognize that this designation does not absolve the CEOs of their collective financial liability for any grant funds improperly expended and disallowed by the State, if such funds would be unable to be fully recovered by the assets of the Workforce Development Council, available insurance coverage, and grant match stand-in costs as allowable under the law. 4 The Fiscal Agent shall be held responsible for the enforcing or repayment of disallowed costs against any subcontractors or service providers and, in the event of their failure to make such repayment, to repay such disallowed costs to the extent allowable under the law. However, the Grant Recipient and its agents shall be held responsible for all funds retained by said Grant Recipient after funds have been distributed to the Fiscal Agent and shall hold the Grant Recipient harmless from all disallowed costs and other errors or omissions. Section 4: Dispute Resolution Any disputes, including the need to modify this Agreement, between these partners in which either party invokes these procedures shall be resolved by mutually satisfactory negotiations at a time and place selected by both parties. The NWMC and the Workforce Council will each choose their own representative(s) to handle the negotiations. Any meeting between these representatives shall be jointly chaired by the lead representative from each organization. If an impasse exists, grant procedures will be followed in attaining technical assistance from the Governor's designated workforce representative. Section 5: Term of Agreement This Agreement supersedes any prior agreements between the Workforce Council and the NWMC. This Agreement will automatically be renewed annually unless either of the parties to the Agreement provide 180 day notice prior to June 30th of each year of their intent to withdraw from the Agreement or the parties mutually agree to terminate the Agreement prior to the expiration date. Workforce Oversight Committee Chair, Northwest Municipal Conference President, Workforce Development Council of Northern Cook County 5 ignature Sheet Municipality Name Name Signature Arlington Heights Arlene Mulder Barrington Ronald Hamelberg Bartlett Catherine Melchert Buffalo Grove Elliott Hadstein Des Plaines Acting Mayor Elk Grove Village Craig Johnson Evanston Lorraine Morton Glencoe James Webb Glenview Nancy Firfer Golf James Hunt Hanover Park Irwin Boch Hoffman Estates Michael O'Malley Inverness John A. Tatooles Lineofnwood Madeleine Grant Morton Grove Dan Scanlon Niles Nicholas B, Blase Northbrook Mark Damisch Northfield Don VVhitsman 6 Mutticipality Name Name Sigttature Palatine Rita L. Mullins Park Ridge Ron Wietecha Prospect Heights Ed Rotchford RoIting Meadows Thomas Menzel Schaumburg Al Larson Skokie Geo~e Van Dusen South Barrington Michael Neben Streamwood Billie D, Roth Wheeling Greg Klatecki Wilmette Nancy Canafax Winnetka Louise Holland 7