AGREEMENT
Between
THE TRI-VALLEY Workforce Council
And
THE TRI-VALLEY CONSORTIUM CHIEF ELECTED OFFICIALS

WHEREAS, the Workforce Investment Act of 1998, hereinafter referred to as the Act Public Law 105-220, 20 USC 9201, and federal rules and regulations (20 CFR Part 652) developed to implement the Workforce Investment Act. authorized the expenditure of federal funds for job-training programs in locally determined Workforce Investment Area (WIAs); and

WHEREAS, the counties of Yakima, Kittitas, and Klickitat constitute a jurisdiction eligible for designation as a Workforce Investment Area; and

WHEREAS, the Act requires the establishment of the Workforce Council to provide policy guidance and oversight with respect to local five year strategic and local operational plan for the local Workforce Investment area; and

WHEREAS, the Act requires a partnership between the Workforce Council and the Chief Elected Officials of the Workforce Investment Area; and

WHEREAS, the Act requires the Workforce Council and the Chief Elected Officials of the Workforce Investment Area to define the scope of their partnership by means of an Agreement.

NOW THEREFORE, be it resolved that this Agreement pursuant to the Act be made and entered into by and between Chief Elected Officials of Yakima, Kittitas, and Klickitat Counties, hereinafter referred to as the CEOs, and the Tri-Valley Workforce Council of Yakima, Kittitas, and Klickitat Counties, hereinafter referred to as the WDC.

I. Grant Recipient and Administrative Entity

A. The CEOs and the WDC designate Yakima County as the Grant Recipient and the Administrative Entity for all WIA programs operated within the Workforce Investment Area.

B. Pursuant to the regulations of WIA and in compliance with the requirements established by the Governor of the State of Washington, the Tri-Valley WDC staff shall develop the five year strategic and operational plan for the review and approval of the WDC and the CEOs. Upon the approval and signatures of the WDC Chair and the CEOs or their designee, the five year strategic and operational plan will be submitted to the Governor of the State of Washington for approval.

II. Authorities and Responsibilities of the Workforce Council

A. The WDC shall develop budgets for itself and for the programs as described in the five year strategic and operational plan and pursuant to the Act.

B. The WDC shall provide policy guidance and direction on all matters pertaining to the provision of Services under the Act.

C. The WDC will monitor and evaluate the training programs operated within the Workforce Investment Area. WDC reports shall be distributed to its membership in a timely manner.

D. The WDC shall solicit the input and participation of the local business community in the provision of program services to eligible residents of the Workforce Investment Area.

E. The WDC shall develop its own bylaws and develop and approve an annual budget for its internal activities.

F. The WDC shall select service deliverers and training providers as appropriate to carry out the purposes of the Act and according to the procedures set forth in the five year strategic and operational plan.

G. The WDC shall provide oversight to the activities of staff, and the Annual Budget, and will provide guidance and supervision to the Executive Director. As part of this oversight, an annual evaluation of the Executive Director will be done.

H. Yakima County shall administer programs as described in the five year strategic and operational plan and pursuant to the Act; rules and regulations promulgated to carry out the purposes of the Act; and applicable federal, State, and local laws, rules, and regulations. Administrative responsibilities and authorities shall include:

  1. Selection and hiring of staff.
  2. Receipt and disbursement of all funds related to program operations
  3. Collection of program data necessary for management and evaluation and the preparation of required and desired reports.
  4. Monitoring and evaluating program operations pursuant to the Act.
  5. Contracting with vendors for services described in the five year strategic and operational plans and providing technical assistance in the service delivery selection process.
  6. Procurement and maintenance of fixed assets and expendable supplies necessary for program operation.
  7. Collection and disposition of program income generated by program activities pursuant to OMB Circular A-102, and 49 CFR 29-70.205.
  8. The conditions and terms of employment for all employees of the Administrative Entity.
  9. Procure audits of funds as required under the Act and shall resolve any questions arising from said audit.
I. The Tri-Valley WDC shall develop and manage a system to hear and resolve grievances brought by participants, vendors, and other interested parties as required by the Act.

III. Authorities and Responsibilities of the Chief Elected Officials

A. The CEOs shall review, make recommendations to, and approve the five year strategic and operational plan and Substate Title III Plan developed by The WDC pursuant to the Act.

B. The CEOs shall fill vacancies in the membership of the WDC in the same manner as the original appointments.

IV. Disputes

A. As the Act indicates that an equal partnership exists, disputes between the partners in the Agreement shall be resolved by mutually satisfactory negotiation.

B. The CEO’s and WDC shall appoint ad hoc committees from their membership to meet and confer with one another to resolve issues of non-concurrence.

In the event of an impasse, the mediation policy and process contained in Section A, Provision No. 3, of the State of Washington Provisions shall be pursued.

V. Liability

Liability flows with funds, from the Department of Labor to the Governor to the Grant Recipient to the contractor. Each entity passes funds to the level below and holds that level liable for all funds passed on.

VI. Term of Agreement

The Term of Agreement shall commence on the lst day of July, 1996, and shall run through June 30, 1997, and thereafter shall automatically be renewed from year-to-year unless either party notifies the other of its intention not to renew at least 90 days prior to the expiration of any one-year period.

VII. It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement.

VIII.ASSURANCES:

The WDC and CEOs of said Workforce Investment Area signing this Agreement assure the Governor they will:

comply with PL 97-300 (The “Job Training Partnership Act” as amended) and its regulations; the Wagner-Peyser Act as amended and applicable; and other applicable Federal laws and regulations; and the implementing State of Washington Provisions, as issued, for counties comprising “Service Delivery Areas” under PL 97-300.

The WDC and the CEOs, having signed this Agreement pursuant to such approval hereto agree to be bound by the provisions herein set forth.

Upon proper execution, this Agreement will be legally valid and binding upon date of approval.

Signatures

Board of County Commissioners, Yakima County, Washington

Board of County Commissioners, Kittitas County, Washington

Board of County Commissioners, Klickitat County, Washington

Chair, Tri-County Workforce Council

Legal Counsels and Clerks of the Boards, all three counties