2014-524-Ordinance No. 2014-027 Recorded 11/3/2014 VIEWED
`rr��/� DESCHUTES COUNTY OFFICIAL RECORDS r i 2014.5+}4
LEGAL COUNSEL NANCY BLANKENSHIP, COUNTY CLERK vu `
COMMISSIONERS' JOURNAL 11/03/2014 08:30:10 AM
1111111
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Ratifying the Creation of an
Intergovernmental Entity Known as the Central * ORDINANCE NO. 2014-027
Oregon Workforce Consortium (COWC), and
Declaring an Emergency.
WHEREAS, ORS 190.085 requires local governments to enact ordinances ratifying the creation of
intergovernmental entities through intergovernmental agreements prior to the effective date of the agreement;
and
WHEREAS, the Counties of Crook, Deschutes, Gilliam, Hood River, Jefferson, Klamath, Lake,
Sherman, Wasco and Wheeler wish to establish an intergovernmental entity comprised of local governing body
elected officials to oversee a regional Workforce Board, to be created consistent with the Workforce Investment
Act of 1998 and the Workforce Innovation and Opportunity Act of 2014; and
WHEREAS, the intergovernmental entity shall have the power to enter into contracts, adopt rules for
administrative and business operations, receive and distribute assets and revenue, and perform any lawful act as
allowed by ORS Chapter 190; and
WHEREAS, it is the intent of the Board of County Commissioners of Deschutes County, Oregon, to
create an intergovernmental entity by intergovernmental agreement;and
WHEREAS, the intergovernmental agreement shall be effective on December 1, 2014 or when all ten
(10)parties adopt it,whichever occurs last; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS as
follows:
Section 1. Pursuant to ORS 190.085, it is the intent of the Board of Commissioners to create an
intergovernmental entity known as the Central Oregon Workforce Consortium (COWC) by intergovernmental
agreement among Crook County, Deschutes County, Gilliam County, Hood River County, Jefferson County,
Klamath County, Lake County, Sherman County, Wasco County and Wheeler County for the purpose of
establishing a consortium of local govern body elected officials, which shall provide coordinated oversight of
the Central Oregon Workforce Board.
Section 2. The COWC Intergovernmental Agreement, Document No. 2014-570, a copy of which is
attached hereto as Exhibit 1, is ratified by Deschutes County.
Section 3. The COWC Intergovernmental Agreement creating the COWC shall be effective on
December I, 2014 or whenever all the parties approve it,whichever occurs last.
Section 4. The public purpose of the COWC is to establish a consortium of local governments to
oversee the board that coordinates workforce development within the regional area.
PAGE 1 OF 2-ORDINANCE NO.2014 -027
Section 5. The COWC shall have the powers, duties and functions as set out in the Intergovernmental
Agreement.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace,health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
Dated this ZA of v , BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Cha,
ANTHONY DEBONE,Vice Chair
ATTEST:
(6phidt-t (IATA
Recording Secretary ALAN UNGER, Commissioner
Date of 1St Reading: 7 day of k - ,20/ 1'
Date of 2nd Reading: pi " day of D , 20
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: ?/ day of V -A6`G`,20 l,y
PAGE 2 OF 2-ORDINANCE NO.2014 -027
R EV1 EN ED
�_.F G xi_ C��'�.''I SE
Central Oregon Workforce Consortium (COWC)
Date: October 20, 2014
Parties: Crook County,
Deschutes County,
Gilliam County,
Hood River County,
Jefferson County,
Klamath County,
Lake County,
Sherman County,
Wasco County, and
Wheeler County
Subject Matter: Intergovernmental Agreement Creating the Central
Oregon Workforce Consortium (COWC)
WHEREAS, ORS 190.010 authorizes units of local government to enter into
written agreements with other units of local governments for the
performance of authorized functions; and
WHEREAS, the parties to this agreement wish to create COWC as an ORS 190
entity; and
WHEREAS, COWC shall consist of a governing body made up of one elected
official from each of the ten (10) identified parties; and
WHEREAS, each party will, prior to the date of entity creation stated herein,
enact an ordinance ratifying this intergovernmental agreement as required
by ORS 190.085, now therefore,
IT IS AGREED AS FOLLOWS:
1. Effective Date: This agreement shall take effect on December 1, 2014
or whenever all the parties approve it,whichever occurs last.
IGA- Document No. 2014-570 Page 1
DC 2 01. - 570
represent the sector they were chosen to represent, or (d) until a
successor is chosen by the COWC,whichever occurs first.
8. The Strategic Workforce Plan and Budget: COWC shall review and
approve the Central Oregon workforce area's strategic plan and
annual budget, including major modifications thereto.
9. The Grant Subrecipient and Administrative Agency: The COWC
shall designate the Workforce Board as the Central Oregon workforce
area's grant recipient and administrative agency. The designation
shall be included in the partnership agreement with the Workforce
Board.The Workforce Board must be a neutral broker and convener
of Central Oregon's workforce system and may not directly deliver
adult, dislocated worker or youth services funded by WIA,WIOA or
the State of Oregon.
10.Oversight: The COWC board shall receive and review Central Oregon
workforce area monitoring and audit reports and shall carry out all
local elected official oversight functions described in grant
agreements, in applicable Federal and State statutes, rules and
policies and in the partnership agreement with the Workforce Board.
11.Code of Conduct: COWC and the Workforce Board shall mutually
adopt a Code of Conduct covering all Central Oregon workforce area
activities and expenditures.
12.Liability: The Workforce Board shall hold the CLEO, the COWC board
and the parties to this agreement harmless from any and all claims,
court costs, fees and penalties, settlements,judgments, legal costs and
any other liabilities of any kind arising from the management of the
Central Oregon workforce area.An indemnification clause shall be
included in the partnership agreement between the COWC and the
Workforce Board. If there is any residual liability for COWC or the
Counties which are parties to this agreement,liability shall be
apportioned as follows: (a) the County or Counties in which the action
or inaction occurred giving rise to the residual liability shall hold the
other parties harmless; (b) if a specific County or group of Counties
are not directly associated with the residual liability,the parties shall
each be liable in proportion to their respective populations as
determined by the last available census data at the time the actions or
inaction causing the residual liability occurred.
13.Agreement Adoption and Termination: This agreement may be
executed in one or more counterparts which,when combined, shall
constitute the entire COWC agreement. This agreement shall remain
in effect until terminated by three or more of the parties by giving
IGA- Document No. 2014-570 Page 3
represent the sector they were chosen to represent, or (d) until a
successor is chosen by the COWC,whichever occurs first.
8. The Strategic Workforce Plan and Budget: COWC shall review and
approve the Central Oregon workforce area's strategic plan and
annual budget, including major modifications thereto.
9. The Grant Subrecipient and Administrative Agency: The COWC
shall designate the Workforce Board as the Central Oregon workforce
area's grant recipient and administrative agency.The designation
shall be included in the partnership agreement with the Workforce
Board.The Workforce Board must be a neutral broker and convener
of Central Oregon's workforce system and may not directly deliver
adult, dislocated worker or youth services funded by WIA,WIOA or
the State of Oregon.
10.Oversight: The COWC board shall receive and review Central Oregon
workforce area monitoring and audit reports and shall carry out all
local elected official oversight functions described in grant
agreements,in applicable Federal and State statutes, rules and
policies and in the partnership agreement with the Workforce Board.
11.Code of Conduct: COWC and the Workforce Board shall mutually
adopt a Code of Conduct covering all Central Oregon workforce area
activities and expenditures.
12.Liability: The Workforce Board shall hold the CLEO,the COWC board
and the parties to this agreement harmless from any and all claims,
court costs, fees and penalties, settlements,judgments,legal costs and
any other liabilities of any kind arising from the management of the
Central Oregon workforce area.An indemnification clause shall be
included in the partnership agreement between the COWC and the
Workforce Board. If there is any residual liability for COWC or the
Counties which are parties to this agreement,liability shall be
apportioned as follows: (a) the County or Counties in which the action
or inaction occurred giving rise to the residual liability shall hold the
other parties harmless; (b) if a specific County or group of Counties
are not directly associated with the residual liability,the parties shall
each be liable in proportion to their respective populations as
determined by the last available census data at the time the actions or
inaction causing the residual liability occurred.
13.Agreement Adoption and Termination: This agreement may be
executed in one or more counterparts which,when combined, shall
constitute the entire COWC agreement. This agreement shall remain
in effect until terminated by three or more of the parties by giving
IGA- Document No. 2014-570 Page 3
notice of intent to terminate on or before December 31st of any year.
Termination shall be effective at midnight on the subsequent June
30th, the end of the Central Oregon workforce area's program year.
This agreement may also be terminated by a unanimous vote of COWC
board members or by operation of law.
14.Agreement Amendment: This agreement may be amended at any
time if all ten parties so agree.
The Parties agree to all the terms of this ORS 190 Intergovernmental
Agreement by signing below:
For Deschutes County:
/0741(7L-
Date Ta y Baney, C it
*************************************************
For Crook County:
Date
For Gilliam County:
Date
For Hood River County:
Date
IGA- Document No. 2014-570 Page 4
For Jefferson County:
Date
For Klamath County:
Date
For Lake County:
Date
For Sherman County:
Date
For Wasco County:
Date
For Wheeler County:
Date
IGA- Document No. 2014-570 Page 5