4 1 K.., 5- -f I tat i. fil-':/:%%- / i 4 4 te ... 1 COUNCIL OF LOCAL ELECTED OFFICIALS CONSORTIUM AGREEMENT THIS AGREEMENT, made and entered into this 5th day ofAugust, 2015, by and between the COUNTIES ofi Christian, Dallas, Greene, Polk, Stone, Taney, and Webster in the State of Missouri (hereinafter, the Counties): WITNESSETH WHEREAS, the Council Local Elected Officials ofthe aforementioned counties and/or cities did previously adopt resolutions authorizing the creation of a consortium, in order to administer the provisions of Public Law 105-220, the Workforce Investment Act (hereinafter "the Act"), and WHEREAS, the Act was revised and reauthorized in July 2014 as Public Law 1 13-128, the Workforce Innovation and Opportunity Act (hereinafter "WIOA"), and NOW, THEREFORE, in consideration ofthe above premises and the mutual covenants ofthe parties hereinafter set forth, each party acknowledges they do hereby agree to the following: AGREEMENT SECTION 1: That the Counties (include Cities, if applicable) of: Christian, Dallas, Greene, Polk, Stone, Taney, and Webster do hereby constitute a consortium for the purposes of Section 107 (c)(1)(B) of Public Law 113-128, WIOA. SECTION 2: The Council Local Elected officials (Presiding Commissioners) ofthe local government entities in Section 1 shall constitute the Ozark Workforce Investment Region Consortium of Council Local Elected Officials (hereinafter, the Consortium). SECTION 3: The Consortium shall adopt operational and procedural bylaws consistent with this Agreement, applicable federal and state laws, and rules or regulations promulgated pursuant thereto. Bylaws or amendments thereto may be adopted by the affiFmative vote of a simple majority ofthe members ofthe Consortium. i + 14. .i ' P. i Slt i' 1 $· 9 Itc 4. "it L 4 4 0:77 % 4, 4 4 SECTION 4:*·All actions of the Cgnsortium shall adhere to the Bylaws adopted pursuant to Section 3 above.' i SECTION 5: In accordance with the Bylaws, the Chair ofthe CLEO shall be the Presiding Commissioner of Greene County. A Vice-Chair shall be elected by the CLEO with a tenn consistelt with the Bylaws. 1 , 4 , SECTION 6: In accordance with WIOA, the Local Board with the agreement ofthe Consortium shall select the One-Stop (Career Center) operator (currently, the City of Springfield, Department of Workforce Development) for the Region's workforce programs. SECTION 7: The Consortium, in partnership with the Local Workforce Development Board, shall approve aIl local plans in accordance with Section 107 of Public Law 113-128, WIOA. August 5, 2015 Page 1 00-ran.TA T SECTION 8: The Consortium shall perform all functions of Council Local Elected Officials specified in Public Law 113-128, WIOA. SECTION 9: The Council Local Elected Officials and the Workforce Development Board, in agreement with the Governor, has designated the City of Springfield Department ofFinance as the grant sub-recipient and the Department of Workforce Development as the administrator and operator ofthe local One-Stop/Career Center. SECTION10: In the event ofmisuse of grant funds that cannot be recovered, in whole or in part, from the sub-recipient or fiscal agent responsible for the misuse, the Council Elected Officials shall come together to determine how the funds shall be reimbursed utilizing the following: 10.1: Determination ofDisallowed Costs. With respect to any cost associated with the Opportunity Act that has been determined by the State ofMissouri Department of Workforce Development (MODWD), City, State, or Federal auditors as not being allowed, the sub-recipient shall make a reasonable effort to re-coop/cover costs or exercise the right to object or appeal such determination. In the event the sub-recipient is unable to cover or re-coop the costs, the matter will be brought before the Consortium for resolution. 10.2: Formula for Assessment. In the event of a disallowed cost not covered by the sub-recipient, the Consortium shall agree to compensate the State based on each county's pro rata share of the benefits to their county as evidenced by the sub-recipient. In the event it is not possible to allocate the costs based on the benefit to the counties, the cost shall be allocated based upon the percentage of each county' s population ofthe total population ofthe Region. In the event the Consortium cannot agree upon a basis for the pro ram share ofthe benefits, then the disallowed costs shall be assessed between the parties who benefit based upon the population ofthe parties as set forth above. 10:3 Arbitration. In the event any Consortium member objects to the assessment ofbenefits as set forth above, they may request a third party arbitrator determine the allocation ofcosts, which Determination shall be binding upon the entire Consortium to this agreement. The arbitrator shall be appointed by the Director ofthe City of Springfield Workforce Development Department, except in the event a party to the arbitration objects to such appointment, then the person objecting shall submit to the Director the names ofthree persons who are qualified to arbitrate under the applicable Rules of the American Arbitration Association. The Director shall pick one ofthe names submitted. The costs of arbitration shall be paid by the Consortium member requesting arbitration, except the arbitrator shall have the right to allocate the costs of the arbitration between the Consortium as the mediator so determines. The arbitration shall be conducted in accordance with applicable Rules American Arbitration Association with judgment upon the award rendered by the arbitrator may be enter in any court having jurisdiction thereof. The Consortium further agrees that they will faithfully observe this agreement and the rules and that they will abide by and will perform any award rendered by the arbitrator(s) and that ajudgment ofthe court having jurisdiction may be entered upon the award. SECTION 11: This Agreement shall be effective when approved by each member ofthe Consortium through their signature. This Agreement shall expire on June 30,2016, at which time a new Agreement shall be required. August 5,2015 · Page 2 SECTION 12: Any amendments to this Agreement may be adopted with the concurrence of each and every member ofthe Consortium. The Consortium may be dissolved and this Agreement may be rescinded only with the consent ofthe Governor. SECTION 13: The original Agreement, with complete signatures, as well as any amendments thereto, shall be kept on file in the main office ofthe CLEO. IN WITNESS WHEREOF, the party representing the government entity listed in Section 1, through his/her signatures below, have read and understand this Agreement and hereto have caused this Agreement to be executed: 4 0_11 D e) 3 c <10 157 (Name } 0 Presiding Commissioner Christian (Position Title) (County) (Name (Date) Presiding Commissioner Dallas (Position Title) (County) (Name (Date) Presiding Commissioner Greene (Position Title) (County) (Name (Date) Presiding Commissioner Polk (Position TitIe) (County) (Name (Date) Presiding Commissioner Stone (Position Title) (County) (Name (Date) Presiding Commissioner Tanev (Position Title) (County) August 5,2015 Page 3 (Name (Date) Presiding Commissioner Webster (Position Title) (County) Witness: (Name) (Date) Board Clerk August 5, 2015 Page 4