MEMORANDUM OF UNDERSTANDING

UNDER THE

WORKFORCE INVESTMENT ACT OF 1998

BETWEEN

THE BOARDS OF YAKIMA, KITTITAS AND KLICKITAT COUNTY COMMISSIONERS

THE TRI-COUNTY WORKFORCE DEVELOPMENT COUNCIL

and

ONE-STOP PARTNERS

WHEREAS, the Congress of the United States has enacted the Workforce Investment Act of 1998 (WIA), P.L. 105-220, 20 USC 9201, to provide workforce investment activities, through statewide and local workforce investment systems that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants; and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation, and;

WHEREAS, the Act requires the delivery of workforce programs under a One-Stop system and the execution of a memorandum between the local board and each of the One- Stop Partners to describe the operation of the One-Stop delivery system in the local area;

NOW THEREFORE, be it resolved that this Memorandum of Understanding pursuant to the Act be made and entered into by and between County Commissioners (1)of Yakima, Kittitas, and Klickitat Counties, hereinafter referred to as the CEOs, and the local Workforce Development Council, herein referred to as the WDC, and the One-Stop Partners identified in this Memorandum of Understanding.

I. PURPOSE OF THIS MEMORANDUM OF UNDERSTANDING

The undersigned hereby agree to the conditions and provisions set forth in this agreement for the purpose of describing the services to be provided through the One-Stop delivery system; how the costs of such services and the operating costs of the system will be funded; methods for referral of individuals between the One-Stop Operator and the One-Stop Partners for the appropriate services and activities.

II. Workforce Investment Area

The geographical area served by this agreement shall be the Washington State Counties of Yakima, Kittitas and Klickitat.

III. One-Stop Partners Included

Partners of this Memorandum of Understanding shall include entities responsible for the delivery of programs specified in the Workforce Investment Act of 1998, Section 121(b), 29 USC 2841, that are represented in the local Workforce Investment Area, are identified in Addendum A, and have agreed to participate in the One-Stop delivery system. Programs may include:

a. Programs authorized under the Workforce Investment Act WIA Title I-B, 20 U.S.C 9201, to include youth, adult and dislocated worker.

b. Wagner-Peyser Act (29 U.S.C. 49).

c. Adult education and literacy activities authorized under Title II of the Workforce Investment Act (20 USC 9201)

d. Title I of the Rehabilitation Act of 1973 (29 U.S.C. 720).

e. Section 403(a)(5) of the Social Security Act (42 U.S.C. 603(a)(5)) (as amended by section 5001 of the Balanced Budget Act of 1997), Welfare-to-Work.

f. Title V of the Older Americans Act of 1965 (42 U.S.C. 3056).

g. Postsecondary vocational education activities authorized under the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301).

h. Chapter 2 of Title II of the Trade Act of 1974 (19 U.S.C. 2271).

i. Chapter 41 of Title 38, United States Code (Veterans services).

j. Employment and training activities carried out under the Community Services Block Grant Act (42 U.S.C. 9901).

k. Employment and training activities carried out by the Department of Housing and Urban Development (42 U.S.C. 3531)

l. State unemployment compensation (Title 50 RCW).

IV. CERTIFICATION OF AUTHORITY

Parties, by signatures, certify that they possess full legal authority, as provided by state and local statutes, charters, or ordinances to enter into this Memorandum of Understanding.

V. POWERS, FUNCTIONS, AND RESPONSIBILITIES

  1. Consistent with the State plan and with the agreement of the Chief Elected Officials, the Tri-County Workforce Development Council shall exercise such powers, functions, and responsibilities as necessary for the designation or certification of One-Stop operators and oversight with respect to the One-Stop delivery system in the local area.
  2. The One-Stop Partnership will consist of all organizations established as a partnership in the One-Stop Business Plan identified in ADDENDUM A. The Central Washington One-Stop Partnership shall exercise such powers as necessary to implement and carryout One-Stop services as described in the Tri-County Consortium five-year plan and subsequent modifications, the Central Washington Business Plan and subsequent modifications, Washington State Policy for One-Stop, herein referred to as WorkSource, and consistent with all applicable federal, state and local regulations.

I. Services covered by this memorandum of understanding

Services covered by this Memorandum shall include all required services specified in the Workforce Investment Act of 1998, Section 134(d)(2), and, those services described in the Central Washington One-Stop Business Plan and subsequent amendments, herein referred to as Addendum B - Services.

II. OPERATING AND COST OF SERVICES

All parties of this Memorandum of Understanding hereby agree to participate in the cost of operating and services as detailed in Addendum B - Cost of Operating and Services.

III. Referrals

Each party to this Memorandum of Understanding agrees to comply with the following referral procedure to achieve efficient and customer focused service.

a). Customers seeking services shall be screened for interest and provided information on the full range of services available through the WorkSource (One-Stop) system.

  1. Customers shall be referred to Career Development Centers, Affiliate Sites or partners of the system by phone, written or electronic means.
  2. Referrals to Career Development Centers, Affiliate Sites or partners of the system shall include the persons name, organizations and person making referral, date, and reason for referral.
  3. Referring organizations shall keep records of referrals to include the persons name, organizations and person making referral, date, and reason for referral.
  4. Organizations receiving referrals shall maintain a record of each referral to include if the contact was made, date and action taken.

IX. NONDISCRIMINATION, EQUAL OPPORTUNITY, AND COMPLIANCE WITH ALL LAWS

By entering into this agreement, each party hereby assures that it will fully comply with all federal, state, and local nondiscrimination and equal opportunity laws, rules and regulations, including provisions of Section 199 of the Workforce Investment Act and its implementing regulations at 29CFR Part 37. These laws, rules and regulations prohibit discrimination because of race, creed, color, religion, sex, marital status, national origin, age, disability, or political affiliation or belief in both participation an employment.

Each party further agrees that all activities pursuant to this agreement shall be in accordance with all applicable current or future federal, state and local laws, rules and regulations.(2)

X. INDEMNIFICATION

Each party to this agreement shall be responsible for injury to persons or damage to property resulting from negligence on the part of itself, its employees, its agents, or its officers. Each party shall indemnify and hold harmless all other parties, their officers, agents, and employees, from all liability, loss or damage, including costs of defense the other parties may suffer as a result of claims, demands, actions, damages, costs or judgments which result from the activities to be performed by the indemnifying party, its agents, employees, or subcontractors pursuant to this Agreement

XI. Resolution Process

a.) All disputes that may result from this agreement shall first be resolved through negotiations between the partners by mutual satisfaction.

b Should parties be unable to resolve disputes through negotiations, the Workforce Development Council shall appoint an ad hoc committee from its membership to meet and confer with the parties to resolve issues.

c.) Should resolution fail to be achieved, an aggrieved party may grieve the dispute as provided by the Tri-County Consortium’s grievance procedure and procedures provided by Washington State for purposes of carrying out activities under the Workforce Investment Act.

XII. DURATION AND RENEWAL OF this memorandum of understanding

a. This agreement shall take effect upon the date of its execution and shall remain in effect indefinitely or until amended or terminated.

b. This agreement may be amended from time to time upon the agreement of all parties signing the agreement.

c. Any party hereto shall have the right to withdraw from this Memorandum of Understanding at any time, provided, that the withdrawing party shall provide written notice to the remaining parties of the withdrawing party’s intention to withdraw at least 120 days prior to the proposed effective date of such withdrawal.

XIII.Authorized Signatures, COUNTERPARTS

(3)

By signing this agreement, the individual signatory certifies that he or she is authorized to sign on behalf of the party. This agreement may be executed in counterparts and shall be fully effective with regards to each party which signs a copy of this agreement as if every party had signed the same copy.(4)

Effective this __________________day of _______________________________, 2000.

BOARD OF COUNTY COMMISSIONERS

YAKIMA COUNTY, WASHINGTON

Approved this _____ day of ____________,2000.

Approved as to Form ________________________________________

Commissioner Jesse S. Palacios, Chair

________________________________________

Commissioner Bettie Ingham

________________________________________

Commissioner James M. Lewis

Tri-County Workforce

_______________________________ Development Council______ _______________

Dennis Flabetich, Chair Date

One-Stop Partnership Organizations

_______________________________ AARP Senior Employment _______________

Authorized Signature Date

_______________________________ DSHS Community Service Division _______________

Authorized Signature Date

_______________________________ Greater Yakima Chamber ______________

Authorized Signature Date

_______________________________ People for People _______ ______________

Authorized Signature Date

_______________________________ Perry Technical Institute ______________

Authorized Signature Date

_______________________________ PND Council of Carpenters/Labor ______________

Authorized Signature Date

_______________________________ ES Sunnyside Job Service Center ______________

Authorized Signature Date

_______________________________ Washington State DVR ______________

Authorized Signature Date

_______________________________ WorkSource Columbia Gorge ______________

Authorized Signature Date

_______________________________ ES Yakima Job Service Center ______________

Authorized Signature Date

_______________________________ Yakima County Development Assoc. ______________

Authorized Signature Date

_______________________________ Yakima Valley Farm Workers Clinic ______________

Authorized Signature Date

_______________________________ Yakima Valley OIC ______________

Authorized Signature Date

_______________________________ Washington State Migrant Council ______________

Authorized Signature Date

(1)

f “Chief Elected Officials” is not a term commonly used. Without going into detail, it could mean someone other than the county commissioners, or it could mean only the Chairs of the boards of county commissioners.

(2)

f This assurance is one that is required to be included per MOU outline.

(3)

fThis is redundant. Already said in I. above. Also, does not relate to title of the section – “authorized signatures.

(4)

f This allows signatures without having to send the same copy to every party.