HomeMy WebLinkAboutOrdnc 027 - Ratify Creation of CO Workforce ConsortiumDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of October 29, 2014
DATE: October 21, 2014
FROM: Dave Doyle Legal Department 388-6625
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Ordinance No. 2014-027 ratifying creation of an
intergovernmental entity to be known as the Central Oregon Workforce Consortium
PUBLIC HEARING ON THIS DATE? NO.
BACKGROUND AND POLICY IMPLICATIONS:
Local workforce areas were established by the Workforce Investment Act of 1998, as amended by the
Workforce Innovation and Opportunity Act of2014. The Governor has directed that existing
workforce areas be brokern down into regional units overseen by local governing body officials.
On October 20,2014, the BOCC considered and approved the IGA that establishes the Central Oregon
workforce unit, to include 10 Central Oregon counties. ORS 190 mandates that the BOCC ratify the
IGA that created the ORS 190 entity by ordinance. The Governor, as represented by Agnes Balassa,
has pledged financial assistance to help get the consortium and the local workforce board (likely a
50I(c) (3) entity) up and running.
FISCAL IMPLICATIONS:
No new or additional fiscal impacts are anticipated.
RECOMMENDATION & ACTION REQUESTED:
Move adoption of Ordinance No. 2014-027 which ratifies the IGA, signed by the BOCC on October 20,
2014, and which created the Central Oregon Workforce Consortium.
ATTENDANCE: Dave Doyle, County Counsel
DISTRIBUTION OF DOCUMENTS:
Agnes Balassa -agnes.balassa@state.or.us
John Chamberlin -jchamberlin@worksystems.org
Dave Doyle
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LEGAL COUNSEL
For Recording Stamp Only
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 of2014; 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 1,2014 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 of , 20_ BOARD OF COUNTY COMMISSIONERS --------, ..
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ANTHONY DEB ONE, Vice Chair
ATTEST:
Recording Secretary ALAN UNGER, Commissioner
Date of 1st Reading: __day of _____" 20 .
Date of 2 nd Reading: __day of _____, 20 .
Record of Adoption Vote
Commissioner Yes No Abstained Excused
Anthony DeBone
Alan Unger
Tammy Baney
Effective date: __day of _____"20 .
PAGE 2 OF 2 -ORDINANCE NO. 2014 -027
REVIEWED
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LEGAL COUNSEL
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 p a rties approve it, whichever occurs last.
IGA -Document l'Jo. 2014-570 Page 1
DC 20 4-570
2. Purpose: The purpose ofthis agreement is to establish a consortium
of local governing body elected officials for the Central Oregon
workforce area. Local workforce areas were established by the
Workforce Investment Act of 1998 ("WIN') as amended by the
Workforce Innovation and Opportunity Act of 2014 ("WIOA"). Chapter
190 of the Oregon Revised Statutes authorizes intergovernmental
agreements.
3. Non-Agency: No party to this agreement is an agent of any other
party; to the extent applicable each party is solely liable for any
workers compensation coverage.
4. Consortium Composition: The Central Oregon Workforce
Consortium ("COWC") shall have a board consisting of one county
elected official chosen by each of the ten counties that are parties to
this agreement. Each county may also designate an alternate county
elected official who may act as a COWC board member and count
towards a quorum in the absence of the regular COWC board member.
5. The COWC Chair: The COWC shall elect a Chair and a Vice Chair in
accordance with its bylaws. The Chair shall be the workforce area's
chief elected official and shall perform chief elected official
responsibilities described in WIOA, in other applicable Federal and
State statutes, rules, policies, procedures, in workforce contracts and
grant agreements, in this agreement and in COWC's bylaws. The Vice
Chair shall perform the Chair's responsibilities when the Chair is
absent is absent.
6. Consortium Decisions: Each of the ten members of COWC's board
shall have one vote. A quorum shall consist of six or more COWC
board members. Decisions shall require the approval of a majority of
COWC board members at a meeting when a quorum is present and no
less than five favorable votes. Board members may attend meetings in
person or electronically as permitted by Oregon laws. COWC shall
adopt bylaws covering meetings and procedures.
7. Workforce Board Appointments: The COWC board shall authorize
the Chair to make Central Oregon Workforce Board (the "Workforce
Board") appointments. The Workforce Board shall meet WIOA Section
107 composition requirements and certification requirements
established by the Oregon Workforce Investment Board ("OWIB") and
the Governor. Workforce Board members shall serve staggered three
year terms and shall continue serving until (a) resignation, (b)
removal by the COWC board, (c) ceasing to work in and effectively
IGA -Document No. 2014-570 Page 2
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.
10.0versight: 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 31s t of any year.
Termination shall be effective at midnight on the subsequent June
30 th , 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:
10/zo/r'f
~ r
Date Ta ~
*************************************************
For Crook County:
Date
For Gilliam County:
Date
For Hood River County:
Date
IGA -Document l'Jo. 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