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HomeMy WebLinkAboutRESOLUTION - 6-00 - 2/8/2000 - AGREEMENT/NWMC RESOLUTION NO. 06-00 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE NORTHWEST MUNICIPAL CONFERENCE AND THE WORKFORCE DEVELOPMENT COUNCIL OF NORTHERN COOK COUNTY NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DUPage, State of Illinois as follows : Section 1 : That the Village President be and is hereby authorized to sign the attached documents marked: THE WORKFORCE INVESTMENT AREA OF NORTHERN COOK COUNTY CHIEF ELECTED OFFICIALS AGREEMENT and THE NORTHWEST MUNICIPAL CONFERENCE AND THE WORKFORCE DEVELOPMENT COUNCIL OF NORTHERN COOK COUNTY FISCAL AGENT AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President . Section 2 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES : 6 NAYS : 0 ABSENT: 0 PASSED this 8th day of February 2000 . APPROVED this 8th day of February 2000 . Craig B. Johnson Village President ATTEST: Ann I. Walsh Village Clerk ResNWMCWorkforceDevAgmt.doc THE NORTHWEST MUNICIPAL CONFERENCE AND THE WORKFORCE DEVELOPMENT COUNCIL OF NORTHERN COOK COUNTY FISCAL AGENT AGREEMENT This Fiscal Agent agreement is made this_"' day of 2000 by and between the Northwest Municipal Conference (NWMC) and The Workforce Development Council of Northern Cook County (Workforce Council), Workforce Investment Area 8 as assigned by the Governor of Illinois for the purposes of the Workforce Investment Act (WIA). The NWMC is an intergovernmental entity created under Article VII, Section 10, of the Constitution of the State of Illinois, and Chapter 5, Act 220, paragraphs 1 through 8, of the Illinois Compiled Statutes, which represents the Chief Elected Officials (CEOs) of the general units of local government in Workforce Area 8. The NWMC has been designated as the Grant Recipient of all WIA Title I funds for Workforce Area 8. The Workforce Council is designated as the fiscal agent for the disbursement of WIA funds at the direction of the Workforce Board of Northern Cook County (Workforce Board) as allowable under WIA. Section 1: The NWMC/Workforce Council Relationship Public Law 105 - 220 established the Workforce Investment Act of 1999, which authorized the Governor of Illinois to designate Workforce Area 8. The CEOs of the NWMC will establish and maintain a workforce board for northern Cook County to be their local partners in implementation of WIA. The CEOs and the Workforce Board share responsibility for policy and program guidance, oversight, and evaluation for all activities under the Job Training Plan for Workforce Area 8 or any activities conducted through another applicable government grant. The Northwest Municipal Conference The NWMC established the Workforce Oversight Committee and designated the Chair of said committee as their representative for all WIA activities. The responsibilities of the NWMC, operating through the Workforce Oversight Committee, are outlined in the CEOs Agreement. The Workforce Oversight Committee will conduct an Annual Management and Fiscal Audit for the Administrative Entities expenditure of WIA title I funds in accordance with the single Audit Act of 1894 (PL98-502, 31 ISCS 7501 et. seq.) This firm will provide the Workforce Oversight Committee with a quarterly fiscal oversight report. 1 The Workforce Development Council of Northern Cook County The overall responsibilities of the Workforce Council shall be as follows: 1. Employ adequate personnel to serve as staff to the Workforce Board. 2. Develop an annual budget including methods to allocate costs. 3. Insure prompt compliance with any findings and/or recommendations of the audit firm selected by the NWMC Workforce Oversight Committee. Workforce Council Responsibilities: WIA Title I and other Federal Grants 1. Serve as the planning entity for the purpose of meeting the planning requirements of WIA. 2. Serve as the fiscal agent for the purposes of implementation of WIA. 3. Develop the WIA Plan under the guidance of the Workforce Board and the CEOs. 4. Operate a financial system including, but not limited to, authorization of expenditures of WIA funds and dispositions of WIA inventory and equipment in accordance with WIA and regulations and the approved WIA Plan. Ensure that fiscal records are maintained and used in recording the receipt and disbursement of WIA funds. 5. Provide data to the Workforce Board relevant to the selection of agencies or organizations to deliver services within the service delivery area. 6. Under the direction of the Workforce Board and the CEOs, take action against subcontractors, sub-grantees, and other recipients. 7. Evaluate the WIA program activities of the service delivery area in relation to area specific goals and objectives, program-specific goals and objectives, and contributions to the Governor's goals and objectives. 2 Workforce Council Responsibilities: Non-Government Funds All non-government funds shall be the sole assets of the Workforce Council. The responsibilities of the Workforce Council shall be as follows: 1. Establish a system for ensuring that the use of funds is in accordance with the established goals and objectives. 2. Serve as the administrative and planning entity for all non-government funds. 3. Oversee the development of the financial system of the administrative entity including, but not limited to, authorization of the expenditure of these grant funds. Operate a financial system including relevant control ledgers, journals, and subsidiary registers or books of accounts used in recording receipt and disbursement of such grant funds. 4. Evaluate the programs in relation to the funds goals and objectives. Section 2: Development of the WIA Plan Pursuant to the regulations of WIA in compliance with the requirements established by the Governor of the State of Illinois, the following procedures shall be followed in the development of the WIA Plan for Workforce Area 8 with the staff of the Workforce Council having primary responsibility for its completion and transmittal to the Workforce Board and the Workforce Oversight Committee of the NWMC for review and approval: 1. Development a. Under the guidance of the Workforce Board the Workforce Council's staff shall prepare the WIA Plan and budget. 2. Review of the Plan and Budget a. The appropriate Workforce Board committee(s) shall review, revise, and recommend approval of the plan and budget to the Workforce Board. b. The Workforce Oversight Committee of the NWMC will review, revise, and recommend approval of the plan. 3 c. The Workforce Council staff will: L Notify interested parties of the availability of the preliminary plan for review and comment. it. Present the plan in a public hearing for review and comment. d. Plan Approval i. The Workforce Council staff will submit proposed revisions to the Workforce Board and the Workforce Oversight Committee of the NWMC for approval. it. Upon approval and signatures of the Workforce Board and the Workforce Oversight Committee Chair, the WIA Plan will be submitted to the Governor of the State of Illinois for approval for certification. Section 3: Indemnification The Workforce Council referred to here as the Fiscal Agent shall indemnify the NWMC referred to here as the Grant Recipient, and the NWMC's member local governments, and hold them harmless from any liability to third persons resulting from acts or omissions by its officers, agents, and employees and by subcontractors, service providers, or by any participants in any grant program. If a participant suffers any damages and makes a claim against the Grant Recipient or its agents as the result of the Fiscal Agent and/or its agents', contractors', or subcontractors' performance, or failure to perform within the scope of a grant, the scope of the Fiscal Agent's mission or purpose, or within the scope of the contract, the Fiscal Agent will defend, at its own expense, any suit based on the claims and will pay any resulting judgement against the Grant Recipient, its member local governments or its agents. Furthermore, the Fiscal Agent shall hold the Grant Recipient harmless from any claims as the result of injury to any participant suffered within the scope of employment or training provided by the Fiscal Agent or its agents, subcontractors, or service providers to the extent allowable under the law. The Workforce Development Council, as Fiscal Agent, will assume primary responsibility for any disallowance and will be held liable for these funds by the NWMC. However, the CEOs of the NWMC recognize that this designation does not absolve the CEOs of their collective financial liability for any grant funds improperly expended and disallowed by the State, if such funds would be unable to be fully recovered by the assets of the Workforce Development Council, available insurance coverage, and grant match stand-in costs as allowable under the law. 4 The Fiscal Agent s. .,I be held responsible for the enforcing or repayment of disallowed costs against any subcontractors or service providers and, in the event of their failure to make such repayment, to repay such disallowed costs to the extent allowable under the law. However, the Grant Recipient and its agents shall be held responsible for all funds retained by said Grant Recipient after funds have been distributed to the Fiscal Agent and shall hold the Grant Recipient harmless from all disallowed costs and other errors or omissions. Section 4: Dispute Resolution Any disputes, including the need to modify this Agreement, between these partners in which either party invokes these procedures shall be resolved by mutually satisfactory negotiations at a time and place selected by both parties. The NWMC and the Workforce Council will each choose their own representative(s) to handle the negotiations. Any meeting between these representatives shall be jointly chaired by the lead representative from each organization. If an impasse exists, grant procedures will be followed in attaining technical assistance from the Governors designated workforce representative. Section 5: Term of Agreement This Agreement supersedes any prior agreements between the Workforce Council and the NWMC. This Agreement will automatically be renewed annually unless either of the parties to the Agreement provide 180 day notice prior to June 30th of each year of their intent to withdraw from the Agreement or the parties mutually agree to terminate the Agreement prior to the expiration date. Workforce Oversight Committee Chair, Northwest Municipal Conference President, Workforce Development Council of Northern Cook County 5 Signature Sheet Municipality Name Nanre Signature Arlington Heights Arlene Mulder Barrington Ronald Hamelberg Bartell Catherine Melchert Buffalo Grove Elliott Hartstein Des Plaines Acting Mayor Elk Grove Village Craig Johnson Craig B. Johnson Evanston Lorraine Morton Glencoe James Webb Glenview Nancy Firler Golf James Hunt Hanover Park Irwin Soch Hoffman Estates Michael UMatiey Inverness John A.Tatooles Lincolnwood Madeleine Grant Morton Grove Dan Scanlon Ml.Prospect Gedald'Skir Farley Niles Nicholas B.BlasA Northbrook Mark Damisch Northfield Don Whiteman 6 Municipality Nante Name Signature Palatine Rita L.Mullins Park Ridge Ron Wietecha Prospect Heights Ed Rotchford Rolling Meadows Thomas Menzel Schaumburg Al Larson Skokie George Van Dusan South Barrington Michael Neben Streamwood Billie D.Roth Wheeling Greg Klatecid Wilmette Nancy Canafax Winnetka Louise Holland 7 Signature Sheet MunialpalityNanre ' Name Signature Arlington Heigh is Arlene Mulder Baninglon Ronald Hamefberg Bartlett Catherine Melchett Suffalo'Grove Elllod Hartsteln Des Plaines Acting Mayor Elk Grave Village Craig Johnson p 1� r✓ Evanston Laraine Morton Glencoe James Webb ,�/ f_> ?�3`�es u Anthoay Rpz P deet Pro-Tem 1-25-OQ Glenview Nancy Flrfar ;-Y61"�� �`• Golf James Hun! /lit `'y Hanover Park Irwin Born Hoffman Estates Micheal O'Malley Inverness John AA Tatoales \ ' Llncolnwcod Madeleine, Grant ; Morton Grove Dan Scanlon Mt,Prospect Gedald"Skip'Farley ( ' Noes Nicholas B.Stead Northbrock Mark Damisch Northfield Don Whiteman Marrtcipallty Nance Name Signature Palatine Rita L Mullins Park Ridge Ron Wlelecha ProspectHelghts Ed Rotchhxd f . Rolling Mesdows Thomas Menzel Roselle Gayle Smoiinski Schaumburg AI Larson Skokie George Van Pusan South Sarringtan Michael Neben Streamwood Stile 0.Roth Wheeling Greg natecki C3 Wilmette Nancy CanaW Winnetka Loulas Holland