RES 2015-0524 - Interlocal WIOA OM�HA'A'F
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2015 3• Omaha,Nebraska 68183-0804
o�T�>7 FeaRv -t (402)444-5115
FAX:(402)444-5125
City of Omaha CI ; i CLLRK
Paul D. Kratz
Jean Stothert,Mayor P
- NE5RASKICity 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 to comply
with the Workforce Innovation and Opportunity Act of 2014 (WIOA).
The provisions of the attached agreement, upon execution and approval as provided, shall
supersede and replace the agreement among the above referenced parties approved by the City
Council on March 11, 2014.
Your favorable consideration of this request will be appreciated.
Sincerely,
Jean Stothert, Mayor
City of Omaha
p:\law—city council documents\2015\50007s1w.doe
CITY OF OMAHA- DOUGLAS COUNTY- SARPY COUNTY-
WASHINGTON COUNTY
Local Workforce Development Area Interlocal Agreement
THIS AGREEMENT is entered into this .'2'ay of , 2015,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); and
WHEREAS, the Workforce Innovation and Opportunity Act of 2014 (WIOA) was passed
in July, 2014 and replaces the Workforce Investment Act of 1998 (WIA); and,
WHEREAS, to comply with the provisions of the (WIOA) a new Interlocal Agreement
must be executed among the City of Omaha, Douglas County, Sarpy County and Washington
County; and,
WHEREAS, the changes to the Interlocal Agreement consist of updating the provisions for
selection of a Local Workforce Development Board and replacing the (WIA) references with the
(WIOA).
NOW, THEREFORE, it is mutually agreed between the parties of City of Omaha, Douglas
County, Sarpy County and Washington County that they enter into this agreement upon the
—1—
following terms and conditions:
1. Purpose. The purpose of this agreement is to establish a local system to be designated as
a local workforce development area under the Workforce Innovation and Opportunity Act
of 2014 as a cooperative exercise of authority among the parties without creating a separate
joint entity and to designate an authorized representative to function as the "chief elected
official" under the WIOA.
2. Local Workforce Development Area. In accordance with the designation of the
Governor of the State of Nebraska, the Greater Omaha Local Workforce Development
Area shall mean the City of Omaha, Douglas County, Sarpy County, and Washington
County, Nebraska.
3. Local Workforce Development Board (WDB). Heartland Workforce Solutions, Inc., a
non-profit corporation (HWS) is the administrative entity for the Greater Omaha Local
Workforce Development Area and the Heartland Workforce Solutions Board shall act as
the Local Workforce Development Board. The WDB shall consist of such members as
provided in the WIOA in accordance with the criteria of the Governor of the State of
Nebraska which at a minimum shall include at least 19 members as follows:
Members appointed to the board that represent organizations, agencies, or other entities
shall be individuals with optimum policymaking authority within the organizations,
agencies, or entities. A majority of the members of the local board shall be representatives
of business in the local area. Business members must represent high quality, work relevant
employment opportunities in in-demand industry sectors or occupations in the local area.
The local board shall elect a chairperson for the local board from among the representatives
of business on the local board.
Composition of the Local Board
Composition Criteria—WIOA provides that the members of each local board shall include:
(a) Representatives of Business
(i) A majority(at least 51 percent) of the membership shall be representatives of
business in the local area who are owners of business, and other business
executives or employers with optimum policymaking or hiring authority;
and,
(ii) represent businesses, including small businesses, with employment
opportunities that reflect the employment opportunities of the local area. At a
minimum, the H3 (high-wage, high skill, high demand) criteria and
occupations must be used to define a local area's high quality, in-demand
industry sectors and occupations; and,
(iii) are to be appointed from among individuals (plural) nominated by local
business organizations and business trade associations.
(b) Representatives of the Workforce - A minimum of 20 percent of the members shall
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include representatives of the workforce (workers) in the local area who:
(i) shall include representatives (two or more) of labor organizations (for a local
area in which employees are represented by labor organizations), nominated
by local labor federations, or (for a local area in which no employees are
represented by such organizations) other representatives of employees; and,
(ii) shall include a representative (at least one) from a labor organization or a
training director, from a joint-labor management apprenticeship program, or
if no such program exists in the area, such a representative of an
apprenticeship program in the area, if one exists; and,
(iii) may include (optional) representatives of community-based organizations
that have demonstrated experience and expertise in addressing the
employment needs of individuals with barriers to employment, including
organizations that serve veterans or that provide or support competitive
integrated employment for individuals with disabilities; or in addressing the
employment, training, or education needs of eligible youth, including
representatives of organizations that serve out-of-school youth.
(c) Representatives (two or more) of Education and Training - Each local board shall
include representatives of entities administering education and training activities in
the local area who:
(i) shall include a representative of eligible providers administering adult
education and literacy activities; and,
(ii) shall include a representative of institutions of higher education providing
workforce investment activities (including community colleges); and,
(iii) may include representatives of local education agencies, and of
community-based organizations with demonstrated experience and expertise
in addressing the education or training needs of individuals with barriers to
employment.
If there are multiple eligible providers serving the local area by administering adult
education and literacy services, or multiple institutions of higher education serving
the local area by providing workforce investment activities, each representative
from this category of local board composition shall be appointed from among
individuals nominated by local providers representing such providers or
institutions respectively.
(d) Representatives (three or more) of Government, Economic and Community
Development— Each board shall include members of governmental and economic
and community development entities serving the local area who:
(i) shall include a representative of economic and community development
entities; and,
(ii) shall include a representative from the State employment office under the
Wagner-Peyser Act serving the local area; and,
(iii) shall include a representative of vocational programs carried out under Title I
of the Rehabilitation Act of 1973 (other than section 112 or Part C) serving
the local area; and,
(iv) may include (optional) representatives of agencies or entities administering
—3—
programs serving the local area relating to transportation, housing and public
assistance; and,
(v) may include (optional) representatives of philanthropic organizations serving
the local area;
(e) Other Optional Representatives — Each local board may include such other
individuals or representatives of entities as the CEO in the local area may determine
to be appropriate.
(f) HWS shall be the fiscal agent of the WDB. The Omaha City Attorney or their
designated representatives shall provide legal services to the WDB 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 § 3(9). This designation shall include, but shall not be limited to
the authority to:
(a) Appoint members to the WDB in accordance with the WIOA and following the
HWS nomination process.
(b) Approve a memorandum of understanding with the WDB consistent with the
WIOA to provide for the operation of the one-stop delivery system in the Greater
Omaha Area.
(c) Approve the WDB 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 WDB 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 WDB. The WDB shall have the duties in the Greater Omaha Workforce
Development Area as provided in the WIOA and approved in the local plan.
6. Administration. The Mayor and/or the designated Administrative Entity for the Greater
Omaha Workforce Development Area, Heartland Workforce Solutions, Inc., a non-profit
corporation (HWS), shall administer the funds allocated to the local system. The Mayor
shall have authority to approve or deny applications for funds for the local system and
execute all contracts and agreements entered into with the United States Department of
—4—
Labor, the Governor of Nebraska, or other departments, agencies, organizations,
businesses, or local governments as deemed necessary and desirable under the WIOA or
under the local plan promulgated pursuant to the WIOA. The Mayor and/or HWS shall
not 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 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 Development Area shall
be prepared annually by HWS on behalf of the WDB. 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 Development 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 of Omaha 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
shall, as a condition precedent to its entry into force,be approved as to all matters provided
through the WIOA or otherwise within the jurisdiction of the State of Nebraska by the
Governor of the State of Nebraska.
—5—
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
ATTEST: CITY OF OMAHA, NEBRASKA
Byj-1,4 v/6
Buster Brown, City Clerk Jean Stothert, Mayor ��
APPROVED BY THE CITY COUNCIL Ap oved as to Form this //d aY of
OF THE CITY OF OMAHA NEBRASKA , 2015.
by Resolution No. 52 y
adopted leli/ , 2015.
17a-1f,
As istant City Attorney
COUNTY OF DOUGLAS, NEBRASKA
APPROVED BY THE DOUGLAS By the Douglas County Board of
COUNTY BOARD by Resolution No. Commissioners
adopted
2015.
Approved as to Form this
day of , 2015.
Douglas County Attorney
COUNTY OF SARPY, NEBRASKA
APPROVED BY THE SARPY COUNTY By the Douglas County Board of
BOARD by Resolution No. Commissioners
adopted , 2015.
Approved as to Form this
day of , 2015.
Sarpy County Attorney
—6—
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
ATTEST: CITY OF OMAHA,NEBRASKA
By
Buster Brown, City Clerk Jean Stothert, Mayor
APPROVED BY THE CITY COUNCIL Approved as to Form this day of
OF THE CITY OF OMAHA NEBRASKA ,2015.
by Resolution No.
adopted , 2015.
Assistant City Attorney
COUNTY OF DOUGLAS,NEBRASKA
APPROVED BY THE DOUGLAS By the Dougl County Board of
COUNTY BOARD by Resolution No. • 15, •ssioner
114 adopted 1Z
2015.
Approved s to Form this 1
day of , 2015.
g./4L.....6%;4,(04 -d-A-11LA'
Douglas County Attorne
COUNTY OF SARPY,NEBRASKA
APPROVED BY THE SARPY COUNTY By the Douglas County Board of
BOARD by Resolution No. Commissioners
adopted , 2015.
Approved as to Form this
day of , 2015.
Sarpy County Attorney
-6-
IN WITNESS WHEREOF, the parties hereto have executed this aureement the day and
year first above written.
ATTEST: CITY OF OMAHA, NEBRASKA
By
Buster Brown, City Clerk Jean Stothert. Mayor
APPROVED BY THE CITY COUNC11. Approved as to Form this day of
OF THE CITY OE OMAHA NEBRASK,,\ • 2015.
by Resolution No.
adopted . 2015.
Assistant City Attorney
COUNTY OF DOUGLAS, NEBRASKA
APPROVED BY 'HIE DOUGLAS By the Douglas County Board of
COUNTY BOARD by Resolution No. Commissioners
adopted
2015,
Approved as to Form this
day of . 2015.
Douglas County Attorney
COUNTY OF SARPY, NEBRASKA
APPROVED 13Y1111 SARPY COUNTY By, the Sarpy County Board of
BOARD by Resolution No. Ao15-114-4 Comtissioners
adopted fApiit ?„2 . 2015.
41_
Approved as to Form this AiS4`
......... er,
day of CiyiAX, . 2015. Chairman Brend: Carlisle
•.,
SPA F42
Attest: - L
Sarpy County Attorney 1: sr. AlYrr;I in, 0 -
•
APPROVED BY THE WASHINGTON COUNTY OF WASHINGTON,
COUNTY BOARD by Resolution No: NEBRASKA
adopted Pfl.- i , By the Washington County Board of
2015. / omm' s' 4
Approved as to Form this ( h
day of k , 2015.
Was ii roon County ttomey
/ GU., dif &•JV
APPROVED BY:
—7—
2015-144
BOARD OF COUNTY COMMISSIONERS
SARPY COUNTY,NEBRASKA
RESOLUTION APPROVING INTERLOCAL AGREEMENT FOR LOCAL
WORKFORCE DEVELOPMENT AREA
WHEREAS, pursuant to Neb. Rev. Stat. §23-104(6),the County has the power to do all
acts in relation to the concerns of the county necessary to the exercise of its corporate powers;
and,
WHEREAS, pursuant to Neb. Rev. Stat. §23-103, the powers of the County as a body are
exercised by the County Board; and,
WHEREAS, the county may exercise its powers in conjunction with other governmental
entities pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801 to 827.
WHEREAS, an Interlocal Agreement has been proposed with the City of Omaha and
Washington and Douglas Counties to form a Local Workforce Investment Area pursuant to the
federal Workforce Investment Act of 1998, said Agreement superseding and replacing the
previous Agreement approved by this Board by Resolution 2014-105.
NOW, THEREFORE, BE IT RESOLVED BY THE SARPY COUNTY BOARD OF
COMMISSIONERS THAT, pursuant to the authority set forth above,that the Chair and Clerk are
hereby authorized the this Board the Local Workforce Development Area Interlocal Agreement, a
copy of which is attached hereto.
BE IT FURTHER RESOLVED that the previous Local Workforce Development Area
Interlocal Agreement, as approved by this Board on March 18, 2014 by Resolution 2014-105 is
hereby rescinded.
The above and foregoing Resolution was duly approved by a vote of the Sarpy County Board of
Commissioners at a public meeting duly held in accordance with applicable law en this a' day
of April, 2015.
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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 City of Omaha, Douglas County, Sarpy County and Washington
County have previously entered into an Interlocal Agreement for the purposes of establishing a
local system under the provisions of the Workforce Investment Act of 1998 (WIA); and,
WHEREAS, the Workforce Innovation and Opportunity Act of 2014 (WIOA)
was passed in July, 2014 and replaces the Workforce Investment Act of 1998 (WIA); and,
WHEREAS, to comply with the provisions of the (WIOA) a new Interlocal
Agreement must be executed among the City of Omaha, Douglas County, Sarpy County and
Washington County; and,
WHEREAS, the changes to the Interlocal Agreement consist of updating the
provisions for selection of a Local Workforce Development Board and replacing the designation
of(WIA) with(WIOA); 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 to comply with the provisions
of the Workforce Innovation and Opportunity Act of 2014 (WIOA), 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
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
PAGE 2
Omaha,Nebraska
BE IT FURTHER RESOLVED 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 approved by the City Council on March 11, 2014.
APP V D AS TO FORM:
CAllie: 46/7A5-
A SISTANT CITY ATTORNEY DA E
p:\law—city council documents\2015\50008s1w.doe
By � ,
Councilmember
Adopted APR 2 8 2015 6 -6-'
City Clerk 7//1,15.-
Approvibt-s-g. eLL,
Mayor
NO. y
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 to comply with the
provisions of the Workforce Innovation and
Opportunity Act of 2014 (WIOA), 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:Alaw—city council documcnts\2015\50008sI .doc
L.
Presented to City Council
APR 282015
Adopted G:
eu31er grown
City Clerk