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RES 2014-0329 - Interlocal Local Workforce Investment Act of 1998 OMAHA'nF AO � � Law Department ® '1 0� Omaha/Douglas Civic Center [ 11e _ 1819 Farnam Street,Suite 804 A.0 ro ; ...4, Omaha,Nebraska 68183-0804 'T�D FEg4�P4� (402)444-5115 Telefax(402)444-5125 City of Omaha Paul D. Kratz Jean Stothert,Mayor ' City Attorney Honorable President and Members of the City Council, Attached for your consideration is a Resolution requesting approval of the proposed Interlocal Agreement among the City of Omaha, Sarpy County, Douglas County and Washington County for the revision and update of an earlier Interlocal Agreement among the same parties that established the Local Workforce Investment Area system to perform the responsibilities set forth in the Workforce Investment Act of 1998. The provisions of the attached agreement, upon execution and approval as provided, shall supersede and replace the agreement among the above referenced parties executed by the City on December 14, 1999. Your favorable consideration of this request will be appreciated. Sincerely, 651/1 Jean Stothert, Mayor City of Omaha p:\law—city council documents12014\50006s1w.doc CITY OF OMAHA- DOUGLAS COUNTY - SARPY COUNTY- WASHINGTON COUNTY Local Workforce Investment Area Interlocal Agreement THIS AGREEMENT is entered into this ] day of y / , 2014,by and between the City of Omaha,Nebraska, a municipal corporation(Omaha),the County of Douglas,Nebraska (Douglas County),the County of Sarpy,Nebraska(Sarpy County) and the County of Washington, Nebraska(Washington County), all political subdivisions of the State of Nebraska. WHEREAS, the parties are authorized by the statutes of the State of Nebraska; including the Interlocal Cooperation Act, Neb. Rev. Stat. § 13-801 et. seq. as amended, to enter into cooperative agreements for the mutual benefit of the parties and to provide services in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, the parties have previously entered into an Interlocal Agreement for the purposes of establishing a local system under the Workforce Investment Act of 1998 (WIA) in 1999; and WHEREAS, changes have occurred that require the parties to enter into a new Interlocal Agreement to set forth these changes which include outlining the responsibilities of each party in establishing a Local Workforce Area as required by WIA and to designate the "chief elected cm c.� official" under WIA § 117(c)(1)(B). NOW,THEREFORE, it is mutually agreed between the parties of City of Omaha, Douglas n County, Sarpy County and Washington County that they enter into this agreement upon the cn following terms and conditions: 1. Purpose. The purpose of this agreement is to establish a local system to be designated as cm a local workforce area under the Workforce Investment Act of 1998 Subtitle B as a cooperative exercise of authority among the parties without creating a separate joint entity —1— and to designate an authorized representative to function as the "chief elected official" under the WIA. 2. Local Workforce Investment Area. In accordance with the designation of the Governor of the State of Nebraska,the Greater Omaha Local Workforce Investment Area shall mean the City of Omaha, Douglas County, Sarpy County, and Washington County,Nebraska. 3. Local Workforce Investment Board (WIB). Heartland Workforce Solutions, Inc., a non-profit corporation (HWS) is the administrative entity for the Greater Omaha Local Workforce Investment Area and the Heartland Workforce Solutions Board shall act as the Local Workforce Investment Board. The WIB shall consist of such members as provided in the WIA in accordance with the criteria of the Governor of the State of Nebraska which at a minimum shall include the following: (a) Representatives of business in the local area, who - (i) Are owners of businesses, and other business executives or employers with optimum policy making authority. The business members shall constitute a majority of the members of the Local Board; and, (ii) These persons are to represent businesses with employment opportunities that reflect the employment opportunities of the local area; and (iii) Are appointed from among individuals nominated by local business organizations and business trade associations; (b) Representatives (two or more) of local educational entities, including representatives of local educational agencies, local school boards, entities providing adult education and literacy activities, and postsecondary educational institutions (including representatives of community colleges, where such entities exist), selected from among individuals nominated by regional or local educational agencies, institutions, or organizations representing such local educational entities; (c) Representatives (two or more) of labor organizations (for a local area in which c employees are represented by labor organizations), nominated by local labor federations, or (for a local area in which no employees are represented by such cZ organizations), other representatives of employees; -- (d) Representatives (two or more) of community-based organizations (including EE organizations representing individuals with disabilities and veterans, for a local area in which such organizations are present); 0. . (e) Representatives (two or more) of economic development agencies, including private sector economic development entities; and (f) Representatives (at least one of each) of the WIA one-stop partners; and c=> v —2— (g) Such other individuals or representatives of entities as the chief elected official in the local area may determine to be appropriate and consistent with the WIA. (h) HWS shall be the fiscal agent of the WIB. The Omaha City Attorney or their designated representatives shall provide legal services to the WIB as may be required. The Mayor or a designated staff person representing the Mayor shall be a voting member of the board. In addition, one representative from each of the Boards of Douglas County, Sarpy County and Washington County shall be a voting member of the board. 4. Authorized Representative Designated. The mayor of Omaha (Mayor) is hereby designated as the authorized representative of the parties to serve as the "chief elected official" as defined by § l01(6)(B). This designation shall include,but shall not be limited to the authority to: (a) Appoint members to the WIB in accordance with the WIA and following the HWS nomination process. (b) Approve a memorandum of understanding with the WIB consistent with the WIA to provide for the operation of the one-stop delivery system in the Greater Omaha Area. (c) Approve the WIB designation of the local area used for measuring the performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system. (d) Approve the WIB local plan submission; (e) Provide administration as provided in this agreement; and (f) Carry out any other responsibilities assigned to the chief elected official. 5. Duties of the WIB. The WIB shall have the duties in the Greater Omaha Workforce Investment Area as provided in the WIA and approved in the local plan. 6. Administration. The Mayor and/or the designated Administrative Entity for the Greater Omaha Workforce Investment Area, Heartland Workforce Solutions, Inc., a non-profit corporation (HWS), shall administer the funds allocated to the local system. The Mayor -*5- shall have authority to approve or deny applications for funds for the local system and lc,— execute all contracts and agreements entered into with the United States Department of Labor, the Governor of Nebraska, or other departments, agencies, organizations, businesses, or local governments as deemed necessary and desirable under the WIA or c under the local plan promulgated pursuant to the WIA. The Mayor and/or HWS shall not 8 approve the local plan until said plan has been reviewed and commented upon by Douglas County, Sarpy County and Washington County.Each party shall have thirty(30)days from receipt of the local plan to review and comment. The administration of budgeted funds 1- -3— shall include the right to apply for, receive, and expend grants, and to make transfers of unencumbered balances or portions thereof between major expense categories. HWS shall notify the Mayor of all requests to transfer funds and within seven (7) days after this notification the Mayor and/or HWS shall inform the Douglas County, Sarpy County and Washington County of the requests to transfer by sending an appropriate written statement. Each party shall have fourteen (14) days from notification by the Mayor and/or HWS to respond to the proposed transfer of funds. If there is no response within fourteen (14) days, the party is deemed to have approved of the transfer. 7. Budget Process. The budget for the Greater Omaha Workforce Investment Area shall be prepared annually by HWS on behalf of the WIB. The budget shall be presented to the governing bodies at least 30 days prior to being approved by HWS Board. Any budget modification action requiring the expenditure of funds not permitted by the annual budget, shall require the separate approval of the governing bodies within fourteen(14) days from notification by the Mayor and/or HWS. If there is no response within fourteen(14) days, the party is deemed to have approved of the transfer. 8. Purchasing. All purchases for the Greater Omaha Workforce Investment Area shall be made in accordance with applicable law and the purchasing regulations of the City and the HWS procurement policy, and all funds of the department shall be handled by and through the Administrative Entity,HWS. No funds shall be disbursed except as authorized by this agreement. Unencumbered balances remaining at the end of each year shall be returned to the Administrative Entity, HWS to be applied to appropriations for the following year. 9. Duration/Termination. This agreement shall be and remain in full force and effect for one (1) year from the date hereof and every year thereafter unless terminated by one (1) year's written notice by either party or upon the election of a new Chief Elected Official. In case of termination, the property, equipment, and funds of the local system shall be returned to the parties in proportion to their contributions, or as may be otherwise agreed. Otherwise, all real and personal property acquired,held or disposed of for the local system shall be considered as property of the City unless provided otherwise in the local plan. Disposition of all records of the local system shall be made pursuant to law. 10. Governor Approval. Pursuant to the Interlocal Cooperation Act§ 13-805 this agreement o shall, as a condition precedent to its entry into force,be approved as to all matters provided through the WIA or otherwise within the jurisdiction of the State of Nebraska by the Governor of the State of Nebraska. C) IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and 0 year first above written. 0 c.� —4— ATTEST: CITY OF OMAHA,NEBRASKA 443 By :itrtikeid-- 340,e Buster Brown, City Clerk Jean Stothert, Mayor APPROVED BY THE CITY COUNCIL Ap ed as o Form this day of OF THE CITY OF OMAHA NEBRASKA `��CUG" , 2014. by Resolution No. 3P q adopted /yf // , 2014. Assis ant City Attorney COUNTY OF DOUGLAS,NEBRASKA APPROVED BY THE DOUGLAS By the Douglas County Board of COUNTY BOARD by Resolut' n No. mmissio s ©e adopted 6 0 i , 2014. Approved as to Foiiii this day of A/0 r<f , 2014. Douglas County A orney COUNTY OF SARPY,NEBRASKA APPROVED BY THE SARPY COUNTY By the Douglas County Board of BOARD by Resolution No. Commissioners adopted , 2014. Approved as to Form this o day of 2014. c`5 Sarpy County Attorney a ca —5— CITY OF OMAHA,NEBRASKA By , Mayor APPROVED BY THE CITY COUNCIL OF THE CITY OF OMAHA NEBRASKA Approved as to Form this day of by Resolution No. , 2014. adopted , 2014. City Attorney COUNTY OF DOUGLAS,NEBRASKA By the Douglas County Board of Commissioners APPROVED BY THE COUNTY BOARD OF THE DOUGLAS COUNTY NEBRASKA Approved as to Form this day of by Resolution No. , 2014. adopted , 2014. Douglas County Attorney COUNTY OF SARPY, NEBRASKA By the Sarpy County Board of Commissioners APPROVED BY THE COUNTY BOARD OF SARPY COUNTY NEBRASKA Approved as to Form this I day of by Resolution No. aoi- —105 , 2014. adopted Ma/CA , 2014. Sa Co my Attorney 5 c'' ,--), __• \N... Q... ....-___--- adopted Mar--\.) ,2.5 , o • i ,on; — A 2014. Approved as to Form this _ day `101;' �'w t of Metre_,2014. dr •f /6 ILA_ eti- ,_______Y "0.1 ------e--'--- Air Washington County Attorney illifffilialar 010" ,/ ' , p ' 4VED BY: Cg0,...,„„,"—A-- (4)....;.$1.....-40---- Governor of the State of Nebraska —6— C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the parties are authorized by the statutes of the State of Nebraska; including the Interlocal Cooperation Act, Neb. Rev. Stat. § 13-801 et. seq. as amended, to enter into cooperative agreements for the mutual benefit of the parties and to provide services in a manner that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and, WHEREAS, the Workforce Investment Act of 1998 (WIA) provides the procedures for local systems to be designated as Local Workforce Investment Areas under "Subtitle B—Statewide and Local Workforce Investment Systems,"to perform the obligations of WIA; and, WHEREAS, on December 14, 1999, the City of Omaha, Douglas County, Sarpy County and Washington County entered into an Interlocal Agreement to establish a Local Workforce Investment Area for the Greater Omaha Service Delivery Area; and, WHEREAS, since 1999, when the Interlocal Agreement was entered into, changes have taken place which require that the Interlocal Agreement be revised and updated; and, WHEREAS, the parties desire to make the necessary changes to the Interlocal Agreement to update the terms and conditions of their responsibilities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT the attached proposed Interlocal Agreement among the City of Omaha, the County of Sarpy, the County of Douglas and the County of Washington, for the revision and update of an earlier Interlocal Agreement among the same parties that established a Local Workforce Investment Act of 1998, in accordance with the terms and conditions contained in said Agreement, be and hereby is approved and the Mayor is authorized to execute the same on behalf of the City of Omaha. By Counci(member Adopted City Clerk Approved Mayor NO. Resolution by Presented to City Council euiier grown, City Clerk , C-25A CITY OF OMAHA LEGISLATIVE CHAMBER PAGE 2 Omaha,Nebraska RESOLVED FURTHER, that the provisions of the attached agreement, upon execution and approval as provided therein, shall supersede and replace the agreement among the above referenced parties executed by the City on December 14, 1999. APP D AS TO FORM: , • Ese„.T4/zo/y AS, STAN C ATTORNEY DATE p:\law—city council documents\2014\50007s1w.doc By .64.4451.,,e_ � Councilmember Adopted MAR 1 1 2014 2-0 /ifS062 /e.- . /" Cit Perk /I/� Lit.,,I.1). /// Appro .... avor NO. ... , 2 Resolution by Res. that the attached proposed Interlocal Agreement among the City of Omaha, the County of Sarpy, the County of Douglas and the County of Washington, for the revision and update of an earlier Interlocal Agreement among the same parties that established a Local Workforce Investment Act of 1998, in accordance with the terms and conditions contained in said Agreement, be and hereby is approved and the Mayor is authorized to execute the same on behalf of the City of Omaha. p:\law—city council documents\2014\50007s1w.doc f: Presented to City Council MAR 1 1 2014 Adopted 7-c euiter grown City Clerk