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22. 12. -0 AGREEMENT BETWEEN MARICOPA COUNTY BOARD OF SUPERVISORS AND MARICOPA WORKFORCE CONNECTIONS BOARD IN PERFORMANCE OF WORKFORCE INVESTMENT ACT ACTIVITIES This Agreement is entered into on this i411 day of e?1-e.)(-40,eC , 2011 by and between Maricopa County Board of Supervisors, the chief local elected official under the Workforce Investment Act (WIA) of 1998 hereinafter referred to as the "Board" and Maricopa Workforce Connections Board (MWC), the local workforce investment board under the WIA, hereinafter referred to as "MWC", collectively be referred to as the "Parties". The purpose of this Agreement is to outline the responsibilities concerning operation of the One-Stop centers in Maricopa County. See Section 121 of Public Law 15-220. I. GRANT RECIPIENT AND ADMINISTRATIVE ENTITY The Board and MWC designate the Board as the Workforce Investment Act (WIA) of 1998 grant recipient and jointly appoint the Maricopa County Human Services Department, hereinafter referred to as the Department, as the administrative entity for all WIA programs operated within Maricopa County outside the City of Phoenix, known as the Local Workforce Investment Area (LWIA) as designated by the State of Arizona. II. AUTHORITIES AND RESPONSIBILITIES HELD JOINTLY BY THE BOAD AND MWC A. The Board and MWC shall jointly approve the Two-Year Plan hereinafter referred to as the "Plan", prepared according to requirements of WIA Section 118, of Public Law 015-220. B. The Board and MWC shall jointly ensure effective delivery of services in the approved Plan to provide the most beneficial mix of program options for residents of Maricopa County outside the City of Phoenix. C. The Board and MWC shall jointly stimulate the active, effective participation of all sectors of the community, public and private, in the provision of employment and training services. 1 D. The Board and MWC shall comply with the conflict of interest provisions as cited in the WIA Law and Regulations. III. AUTHORITIES AND RESPONSIBILITIES OF THE MARICOPA WORKFORCE CONNECTIONS Pursuant to WIA, Section 134, of Public Law 015-220, MWC shall provide policy guidance and oversight for employment and training activities conducted in the LWIA. A. MWC shall provide policy direction to the Department on all matters pertaining to the provisions of the services under the WIA. B. MWC shall direct, review and approve the Two-Year Plan and all modifications to the Plan developed by the Department pursuant to WIA. C. MWC shall ensure procurement and competitive bid processes are followed in the selection of program and service providers' that are funded through WIA. D. For the purpose of this Agreement the term "oversight" means reviewing, monitoring, evaluation and recommending corrective action to be taken. MWC shall exercise independent oversight of programs and activities under the Two- Year Plan. Such oversight shall not be circumscribed by the Agreement or any other agreement with the Board. E. MWC shall solicit the input and participation of the public and local business community in the provision of program services to residents of the LWIA. F. MWC shall establish guidelines for the level of skills to be provided in the occupational skills training programs funded by WIA. G. MWC shall establish Adult and Youth competencies in accordance with WIA, Section 129 and 172. H. MWC shall identify occupations for which there is a labor market demand to serve. I. MWC shall determine the employment needs of the area's unemployed; the labor force needs of area employers; appropriate linkages between funds made available under the WIA; economic development activities of the area; and other such 2 analysis as are required in the Act, as well as those which MWC determines to be appropriate and necessary to discharge its responsibilities. IV. AUTHORITIES AND RESPONSIBILITIES OF THE BOARD AND THE DEPARTMENT A. The Board shall approve and accept receipt of WIA funds through the formal Board approval process B. The Board shall maintain financial liability for the proper administration of funds received pursuant to the requirements of WIA Section 117 (d) (3) (B), of Public Law 015-220. C. In accordance with WIA, Section 117(c) (1) (A), the Board shall approve the appointment of MWC officers and board members. D. The Department shall prepare an annual operating budget to provide for the support of the MWC and the Department. Such operating budget shall provide the staff, office and material support necessary for the MWC and the Department to discharge their respective administrative, management and policy responsibilities under the Act and other relevant Federal and State legislation. E. The Department shall administer programs as described in the Plan consistent with the Act and the rules and regulations promulgated thereto. The Department shall comply with federal, state and local laws, rules, and regulations as prescribed by the Act. F. The Board shall ensure compliance with administrative duties and responsibilities as required by the Act and regulations thereto. V. RESOLUTIONS OF POLICY DISAGREEMENTS In the event that MWC and the Board cannot reach mutual agreement on a policy decision, such as the approval of the Plan, representatives of MWC and the Board shall meet to discuss areas of disagreement in order to reach agreement. Unresolved issues on the Plans shall be submitted to a three member panel consisting of MWC Chairperson, a Board Chairperson and a third impartial representative of the Governor's office acceptable to both MWC and the Board. If the issue cannot be resolved at this level an appeal shall be made to the Department of Labor pursuant to the WIA. VI. AMENDMENTS 3 Either MWC or the Board may propose amendments to this agreement at any time by providing written notice to the other party of any proposed amendments. Amendment to the Agreement shall require majority approval by both MWC and the Board. VII. TERM OF AGREEMENT The term of the Agreement shall commence on the date stated on the cover page of this Agreement through June 30, 2013, and thereafter shall automatically be renewed from program year to program year unless; (1) either party gives at least 30 days notice to the others of its intention not to renew, or (2) MWC prepares and submits a new Two-Year Plan. Parties having reviewed and approved this Agreement, hereto agree to be bound by the provisions herein set forth. MARICOPA COUNTY MARICOPA WORKFORCE BOARD OF SUPERVISORS CONNECTIONS, NC. SEP 2 6 2011 Date Date APPROVED AS TO FORM: DEPUTY COUNTY ATTORNEY Date 4