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HomeMy WebLinkAboutContract 22332 E(�A AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITIES OF ARLINGTON AND FORT WORTH ANDTAi&ANT COUNTY This Amended Interlocal Agreement (hereafter the Agreement) is between the City of Arlington,the City of Fort Worth and the County of Tarrant, hereinafter refe,-red to as "the Parties". WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperation agreements oetvicen and among governmental entities; and WHEREAS, the governing bodies of each Party find that the project is necessary for the benefit cif the public in order to facilitate the provision of workforce development programs, and that each Party has legal authority to pro-vide the governmerfal function which is the subject matter of this Agreement; and WHEREAS, the governing vodies of each Pay.,y find that in the payment of any governmental function or service performed pursuant to this Agreement the paying party must make those payments from current revenues available to the paying party; and YMEREAS, the governing bodies find that the performance of the Agreement is in the con-imon interest of tF. Parties; NOW THEREFORE. FOR AND IN CONSIDERATION Of the MUtual covenants wt out herein,the Parties hereto agree as follows: 1. PURPOSE The purpose of this Agreement is to establish a single workforce development area(WDA) C? covering all of Tarrant County, including all cities within Tarrant County. This Agreement also establishes the Workforce Governing Board (WGM which shall act upon workforce development issues for the Parties. If. TERM This Agreement shall comineace on the last date of signatur'. hereto and shall run tivough June 310, 1)98, and thereafter automatically be renew-ed for two year periods unless terminated in accordance with this paragraph or otherwise; by Texas law. Any of the parties may terminate this Agreement by giving advance v�ritten notice to each of the other, parties on or before January I of the final year in a two year period. Termination shall be effective June 30 of that final year. ill. AMENDMENT This Agreement maN -rr.-nded at any time by written agreement signed by the Parties. PagL I of IV. t 'C�_ .1_C?R C 0VFRNING) BOARD A. Pursuant to the provisions of Chapters 791 and 2308 of the Texas Government Cede, as amended, the Parties hereby create on administrative agency to oversee workforce development issues to be known as the "Workforce Governing Board" (WGB). B. The WGB shall have all of the powers,express or implied,authorized by Chapters 791 and 2308, Tex.. Go- 't Code, and by this Agreement, F F C. The WGB shall not become a provider of workforce development services funded by }' state or federal workforce development grants. The three Parties may individualiy become a provider of workforce d °lopment services if selected and approved for fund i ng. D. The WGB shall consist of one representativc chcscn by each of the three Parties. The H= representative so chosen shall be the chief elected official for that local government. The chair of the WGB is the chief elected official who has been selected to act on behaif of the o0­_r chief elected officials in accordance with the Job Training Partnership Act and Section 2308.253 of the Texas Government Code. 'I he governing l' body of the local government may designate another elected official to serve as an alternate at any meeting of WGB. The Chair of the local workforce development board(L,WDB)shall be an ex-officio. non-voting member of the WGB. It shall be the responsibility of the LWDB Chair to inform the WGB of all issues and decisions considered by the ',WDB. The LWDB Chair shall, in turn, inform the LWDB of WGB issues and decisions. E. The WGB shall annually elect a Chair from its voting members to act as the WDA's chief cleced official, as required by state or federai legislation, rules or regulations. Voting m tubers of WGB shall serve on this board without additional compensation. F. The WGB shall meet at least quarterly and at such other times as ar:; necessary to ensure the irnplern�:station of this Agreement. Meetings may be called either by the %VCB Chair or by a quorum of the WGB. G. T' "k-'-T+ shall regularly inform other local elected c, ciais in the WDA of all local ,workforce de ee'ooment activities. 9. The `''GB r iy employ staff to perform duties required by law. Such emf loyees shall not ;rr;.r niployees of any of the Parties to this Agreement by virtue of this errpl -!:,-nt. Nk'OB may take title to personal and re-' property. If this 3roperty is aequir,a w itl ;tate or federal funds, the WGB will follow the procurement procedures e_tabisshed he 'Fexas Workforce Commission's Financial NManave^ .nt Manual, including obt fining prior"written approval from the Commission for such prod.rerrients a., re(?,a;red by procurement procedures of thu Commission. The WGB shall also cmrnpil v,;t' all state and federal rules and regulations. Pa; of 6 1. Decisions of the WGB shall be by majority vote at meetings during which a quorurn { is present. , J. A quorum shall consist of three voting WGB members. Hoer ,wver, :f any one of the three voting WGB members is absent for any two consecutive meetings of WGB, then the quorum shall bLcome two voting WGB members until rescinded by a majority vote of the WGB. K. Me^*ings cf the WGB shall comply with all applicable Texas statutes, including the Chapters 551 and 552 of the Texas Government Code. The WGB shall adopt and follow its own bylaws or, if bylaws are ambiguous or unadopied, the WGB shall follow.,the most recent edition of Roberts Rules of Order as of the effective daty of this Agreement. V. LOCAL WORKFORCE DEVELOPMENT BOARD i A. Workforce development activities shall also be overseen by a local workforce development board(LWDB) including th, following representatives: I. vocationL'rehabilitation; 2. ec.,nomie development; 3. organized labor; 4. community based organizations; 5. secondary education; 6. post secondary education (including adult basic and continuing education); 7. child care provision; 8. the public employment service; 9. public assistance; 10. local literacy councils; and 11. private-for-profit business. The majority of members, including the LWDB Chair,shall represent the private-for- profit sector. Any additional groups or other repres4ntation requirements added by state or t , federal statutes, rules or regulations shall also he included. '' B. The initial size of the LWDB shall be 29, 13 of whom shall represent tl; .arious public and non-profit sectors listed in Paragraph "A" above, and the remainder of t whom shall wo=k in and shall represent the private for profit sector. C. The LWDB shall be nominated and appointed in accordance with and shall perform 4 all functions required by applicable federal and state statutes,policies and procedures. The duties of the LWDB are further set forth in the agreement btitween the LWDB and i the WGB. ! D. The 13 LWDB members representing the public and non-profit sectors listed in Page 3 cf 6 i. t i f Paragraph V A. shall be appointed by the chief elected officials for the Parties to this Agreement. Nominations for LWDB public and non-profit sector positions rhail be Solicited. from constituent organizations and must be appointed by unanim ow-vote of the WGB. E. 'Dwo private sector representative shall be appointed to the LWDB from nominations made by minority general purpose business organizations. One private sector representative shall be selected by the Mayors' Council from nominations submitted to the WGB by general purpose business organizations. Appointments 1')these three positions :,hall also be made by unanimous vote of the chief elected officials for the Parties to 'Lhis Agreement. F. The remaining 13 private se Aor raembers shall be appointed by the chief erected officials from nominations made by the governing bodies of the Parties in rough proportion to their respective populations. These private sector appointees must also originate from nominations made by general business organizations, A chart showing LR JB membership, nomination responsibility, and initial terms of office for all LWDB board members is appended to this Agreement as Attachment "A" and is incorporated herein by reference. G. Subsequent terms shall i for three years. H. L`;VDP vacancies shall be filled in accordance with the above procedures for initial appointments. Vacancies occurring prior to the end of a given term shall be refilled for thy; remainder of that term. I. If an LWDB member changes employment, the member shall notify the LWDB in tivritjo-. If one change in employment results in that•-lember not representing the public or private area from whi4:h the member was appointed,their appointment shall lapse sixty (60) calendar days after notification of intent to reappoint is delivzred to that momber by the LWDB Chair or any WGB member. The indi-.idual member may appeal the intent to reappoint to the WGB during that sixty (60) day period. A majority vote of the WGB or, any appeal shall be final. VI. RESOURCE ALLO .ATION Resources shall be allocated equitably based i.npon need with consideration to include, but not iimited to population, pove ..'. . and unemploym�v and fund source requirements. VII. LIABILITY ^�rnv V.'GB liabilities shall be --)vered as follo«s: A. Fi--s. Priority: recover funds from the service provider(s) incurring the liability; B Se;and Priority: recc•: r er ,ands f�rorn an insuranc° ;;airier or bond issuer; PaL,c 4 of 6 C. Third Priority: cover liabilities from available WGa or LWI=iB funds to the extent allowed by law; and � D. Fourth Priority: to the extent allowed by law allocate liability equally to the three Parties. The three Parties shall, to the exiept allowed by law, be the source of the last j resort for uncovered WGB liabilities. i VIII, EIJl E AGREEMENT This Agreement represents the entire agreement of the Parties. Any supplemental agreements i must be evidenced in writing, approved and executed m the same manner as this Agreement. €" IX. SEVER:ABILITY Should any part of this Agreement be invalidated or otherwise rendered null and void, the } remainder of this Agreement shall remain in full force and e:rfect. e X. CEM IFICATION By adopting this Agreement, the Parties also accept and agree to the s.Ot:e required i- certification appended to this Agme ent as Attachment "B" and incorporated :7erein by reference. XI. A-0-StGNMENT No .'arty, may assign, sublet, subcontract or transfer any interest in this Agre,meat without the written consent of the other Parties. XII. NQ,OTHER IER OBLIGATIONS CREATED � l t By entering into this Agreement,the Parties do not create any obligations, express or implied, t other than those set forth herein, aM this Agreement shall not create any rights in parties not signatories hereto. t XIIL IMMUNITY i It is expressly understood and agreed that in the execution of this Agreement, that the Parties, either individually or jointly,do not waive, nor shalt they be deemed to waive, any immunity o: defense that would otherwise be available to each against claims arising in the exercise t j of governmental powers and functions. XI`v'. AUTHORITY i The undersigned officers -re properly authoriz,;d to execute this Agreement on behalf of the Parties, and each Party certifies to the others that any net-essary resolutions extending such authority have been duly passed and are nov in full force and effect. Page 5 of 6 Eyerutei- by the ln,iividu3j parties on tre&atcs of theirrcsPectjvc sigrlatur;';S. CITY 0." ARLINGTONJEXAS CITY OF FORT A';-,',Rl 'EX,AS RICE-iAa E. GREENE, NIay(-,.• i,,enneth Barr. Mayor ATTEST: ii CINDY' KWIP, City SVcretaiy annoy Guajardo, Assist6t City Manager Date: Dati�: Approved As to Form: Approved as to Forni and Legality: JAY DOEGEY, City Attomey BY Fort Worth Assi t Cirj Attorney ATMMMBY COUNTY OF TARRANT, TEXAS Approved as to Form.- County Judge Z Gtr#za' a aataia Date: A�q Assistant Crij.P.al District Attom!Wp i. Page 6 of 6 Ci�y of Fcirt Worthifextisi- Im DATE EnShICE G NAME 111(01_,196 C-15752 12VV0RK 1 of 2 SUBJEr-7 ENDED IN TERI OCAL A(,3rC-EMENT BETWEEN THE CITIES )F i-=ORT WORTH AND AR INGTON AND Ti%RRANT COUNTY ESTABLSHiNG A WORKFORCE DEVELOPMENT iREA, A WORKFORCr-- GOVERNING BOARD AND A LOCAL WORKFORCE DEVELCPMENIT BOARD RECOMMENDATION: It is recommene',ed that the City Council authorize t11e Mayor rind the City Manager to exicute the ei,ached Amended lnterlocal Agreement 1:etween the Cities of Fort Worth acid Arlington and the County of Tarrant asthblishing a Workforce Deveiopment Area ("WDA") for Tarrant County and its rnunicipalities arid creating the Work'orce Governing Board (")1VGB"1 and Local Workforce, Development 3oard f%WDB") to facilitate the prov's,on of workforce development programs within the WDA DIS-CUSSION This past February, the City Council authr­4ed execution of an Interlocal Agreement for the establishment of the WDA, thf. WGB and the LWDB. The Texas Workforce Commission has requested several minor changes to that Agreement. The first extends the term and succeeding renewal terms f rjfn one year to tNo years. The second change aut'i s the Cite Council to select En elected official other than the Mayor to serve as an alternat y WGB meeting, but removes language in the Agreement pertaining to the specific powers(11"that alternate. The third revision increases the size of the related Local Workforce Development Boilrd (%WDB") from 25 to 29, and increases the number of members from specific public and non-profit sectors from 12 to 13. The fourth and final chaace provides that two private sector representalives shall be appolnte6 to the LWID13 from nominations made by minority general purpose business organizations, rather than m0nority Chambers of Commarce, and that one private sector member shall be selected bV the Mayors' Council from nominations submicicl to the WGB by general purpose business organizations. Tarrant Coun-,y and 'he City of Arlington have already executed the at-ached Amended Agreement. OL.,Ity of Fort Woram, Mqyor and Council communicatio.--I Diaz r REa wi rx, — z,06 Rp—.1i PA GE C-151S2 12WORK 2ot 2 SUBJECT T-AMENP-3-� JITERLOCAL AGREEMENT BETWEEN THE CITIES OF F"PT Mr AND ARLINGjTONI ;wc') TA!iR;3WT COUNTY ESTABLISKNG A WORKFORCE DEVLLOPMENT P REA A WOAKFORCEGOVERNING BOARD AND A LOCAL nl-Z��IIVIENT BOARD r I��,IK I R —__L — 7 FiSOAL l^'FORMI."�T[Orl!CE,9'TIFICA-FION: Teie D'rector of Fiscal Services cert',-ies that thl,; action has no material effect on City funds. CE:M City Manager's FiJND A.61L�ou d i CE R _L_jNI0UVL CM SECROTARY orrice by: (to, k2mort Guajardn 6140 APPRYID Ori-i;Lating Npartment Head: L 131ITY C(,3UNC"'I I R Jwd Sapp 5310 (from) 7— Tor Adibuorwi Infma— ,r,