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2022-07 RESOLUTION APPROVING THE AGREEMENT FOR THE MID-CAROLINA WORKFORCE DEVELOPMENT CONSORTIUMRESOLUTION NO. 2022-07 RESOLUTION APPROVING THE AGREEMENT FOR THE MID -CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM Whereas, Harnett County desires to enter into workforce development consortium agreement pursuant to North Carolina General Statues, Section 160A-461 with the North Carolina counties of Cumberland and Sampson to organize a workforce development area; and Whereas, these contiguous units of local government agree to establish a consortium pursuant to the provisions of North Carolina General Statues, Section 160A-464(1) to act jointly as a workforce development area under the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128 as enacted July 22, 2014; and Whereas, this consortium shall be known as the Mid -Carolina Workforce Development Consortium; and Whereas, a copy of said consortium agreement is attached herewith. Now, therefore, be it resolved by the Harnett County Board of Commissioners that it hereby approves the attached consortium agreement by and between Cumberland County and Sampson County to organize a workforce development area under the Workforce Innovation and Opportunity Act of 2014. Adopted this the 4' day of April, 2022. 6ew ' Weatherspoon, Chair ATTEST: Melis a Capps, Clerk tot e Board MID -CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT ARTICLE 1. TITLE AND PURPOSE The contiguous units of local government listed below agree to establish a consortium to act jointly as a local Workforce Development Area under the Workforce Innovation and Opportunity Act (WIOA), Public Law 113-128 as enacted July 22, 2014. This consortium shall be known as Mid -Carolina Workforce Development. ARTICLE 11. MEMBERSHIP The Consortium shall be composed of the following independent and contiguous units of general-purpose local government: County of Cumberland County of Harnett County of Sampson ARTICLE III. CERTIFICATION OF AUTHORITY AUTHORITY UNDER STATE AND LOCAL LAW The member units of government certify that they possess full legal authority, as provided by state and local law, to enter into this agreement and to fulfill the legal and financial requirements of operating as a local Workforce Development Area under the Workforce Innovation and Opportunity Act for the entire geographic area of Cumberland, Harnett, and Sampson Counties. Cumberland, Harnett and Sampson Counties make this agreement as an interlocal agreement pursuant to Article 20 of Chapter 160A of the North Carolina General Statutes, approved by their respective governing boards and entered into the minutes of the meeting at which approval was made. SPECIFIC RESOLUTIONS TO ENTER INTO AGREEMENT A copy of each duly executed resolution giving the respective counties specific authority to enter into this consortium agreement will be attached to this document and are incorporated herein by reference (optional). 3. DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER UNIT OF GOVERNMENT Each member unit of government designates as chief elected official for Workforce Innovation and Opportunity Act purposes, upon whose representations the State, the Workforce Development Board, the administrative entity, and the other member units may rely, the duly elected Chair of each respective County Board of Commissioners. Such person shall be the signatory of this agreement and shall be authorized to execute such other agreements as are necessary for Workforce Innovation and Opportunity Act purposes. 4. DESIGNATION OF CHIEF ELECTED OFFICIAL FOR LOCAL WORKFORCE DEVELOPMENT AREA Page 1 of 3 12 MID -CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT The member units provide that the Chairs of the member units of government shall select one chief elected official that shall be authorized to exercise the functions of the local area chief elected official which are required under the Workforce Innovation and Opportunity Act. ARTICLE IV. DURATION This agreement will become effective on July 1, 2022 or the date of the last chief elected official's signature (whichever is the later date) and shall continue in effect until the local Workforce Development Area is re -designated by the Governor of North Carolina or by termination of this Agreement by a member unit of government as provided for in Article XI. ARTICLE V. ASSURANCES AND CERTIFICATIONS The member units will comply with the requirements of the Workforce Innovation and Opportunity Act, and regulations promulgated thereunder, all other applicable federal regulations, the statutes of the State of North Carolina, and written directives and instructions relevant to local workforce development area operation from the Governor of North Carolina or his/her designee. ARTICLE VI. FINANCING It is anticipated that funding necessary to implement this agreement will be derived from federal grant funds received through the Governor. 2. The units of local government acknowledge that they will share any liabilities arising out of activities under the Workforce Innovation and Opportunity Act, on a prorated basis in proportion to the respective population of each jurisdiction. Liabilities include, but are not limited to, responsibility for prompt repayment from non -program funds of any disallowed costs by the administrative entity of the local workforce development area, or any of its sub -recipients or contractors, or the Workforce Development Board. Mid -Carolina Council of Governments, Council and Region M, shall serve as Carolina Workforce Development Area. also known as Mid -Carolina Regional the Administrative Entity for the Mid - 4. Any entity or joint agency created or designated by this local workforce development area, including the Workforce Development Board, and Administrative Entity, shall be considered a public agency for the purposes of the Local Government Budget and Fiscal Control Act. ARTICLE VII. ESTABLISHMENT OF A WORKFORCE DEVELOPMENT BOARD The member units of government agree that the Workforce Development Board shall be established in accordance with Section 107 of the Workforce Innovation and Opportunity Act and applicable State of North Carolina laws including G.S. 143B-438.11. Page 2 of 3 A MID -CAROLINA WORKFORCE DEVELOPMENT CONSORTIUM AGREEMENT The Chief Elected Official, as noted in Article III. 4., shall appoint members of the Workforce Development Board from among persons nominated in accordance with the Workforce Innovation and Opportunity Act. ARTICLE VIII. APPOINTMENT OF PERSONNEL Appointment of personnel shall follow the Mid -Carolina Regional Council's hiring and recruitment process for regular full-time staff. ARTICLE IX. REAL PROPERTY, EQUIPMENT AND SUPPLIES The Mid -Carolina Workforce Development Consortium will follow all Workforce Innovation and Opportunity Act requirements governing the title, use and disposition of real property, equipment and supplies purchased with federal funds, ARTICLE X. AMENDMENTS The agreement may be amended at any time upon the consent of all the parties as evidenced by resolution of the governing bodies of each member government and as approved by the State. ARTICLE XI. TERMINATION The parties to this agreement may request termination at any time upon six months prior written notice, such termination to be effective when the Governor considers local Workforce Development Area re -designations or at the end of the then current grant administration agreement program year, whichever should first occur. CUMBERLAND COUNTY Glenn Adams, Chair HAI&NETT COUNTY i ewis �Weathair SAMPSON COUNTY Sue Lee, Chair Page 3 of 3 Date Date Date