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between the
GOVERNOR OF THE STATE OF DELAWARE
and the
DELAWARE WORKFORCE INVESTMENT BOARD
________________________________________________________________
This agreement is made and entered into by and
between the Governor of the State of Delaware, hereinafter referred to
as the Chief Elected Official (CEO) and the Delaware Workforce
Investment Board, hereinafter referred to as the (WIB): and
WHEREAS: the United States Congress has
established the Workforce Investment Act (WIA) and charged the State of
Delaware with the establishment of Workforce Investment Areas; and
WHEREAS: the Governor of the State of
Delaware has, by his authority, designated the entire State as a single
Workforce Investment Area for the cities and counties within the
confines of its boundaries; and
WHEREAS: the Governor of the State of
Delaware is the Chief Elected Official (CEO) of the Workforce Investment
Area; and
WHEREAS: the Act requires the establishment
of a Workforce Investment Board to provide policy guidance and oversight
with respect to Workforce Investment activities; and
WHEREAS: the Chief Elected Official and the
WIB are partners in the implementation of the Act; and
WHEREAS: the parties desire to enter into an
agreement to provide job training and job placement services to eligible
residents of Delaware;
NOW, THEREFORE, BE IT RESOLVED that the
following agreement between the Governor of the State of Delaware and
the Workforce Investment Board shall when signed, constitute a proper
and valid agreement between the two parties for the purpose of
determining responsibility for the development of the Workforce
Investment State Plan, selection of a grant recipient and entity to
administer the Workforce Investment Plan.
ARTICLE I
Development of Delaware’s Five-Year Strategic Plan
The CEO and the WIB hereby agree that a draft of the
WIA State Plan shall be developed by staff of the Department of Labor’s
Division of Employment and Training (DOL/DET) and the WIB for review and
endorsement by the Policy and Planning Committee and approval by the WIB.
ARTICLE II
GRANT RECIPIENT AND ADMINISTRATIVE ENTITY
The CEO and the WIB hereby agree that the DOL/DET and
the WIB will jointly be the Administrative Entity under the WIA.
The CEO designates the DOL/DET to act in his stead to
carry out the administrative functions of the Act.
The CEO and the WIB hereby designate the DOL/DET as
the One-Stop Operator.
The CEO and the WIB hereby designate the DOL/DET as
the Grant Recipient for funds allocated by the Workforce Investment Act
(WIA).
ARTICLE III
Responsibilities of the Workforce Investment Board
The Workforce Investment Board shall assist the CEO
to:
-
Develop a five-year strategic plan to be submitted
to the U.S. DOL;
-
Develop the statewide one-stop, workforce
investment system;
-
Develop linkages to ensure coordination and
non-duplication;
-
Develop allocation formulas;
-
Develop performance measures;
-
Develop an Annual Report;
-
Develop a Labor Market Information System; and,
-
Raise and receive funds and in kind services,
and/or leverage private sector resources for the benefit of the
programs.
The Workforce Investment Board in partnership with
the CEO shall:
-
Select the one-stop operator;
-
Develop and enter into a memorandum of
understanding with the one-stop partners;
-
Appoint a Youth Council;
-
Select the youth providers;
-
Identify and select eligible providers of Adult and
Dislocated Worker Intensive Services and Training Services;
-
Identify and select eligible providers of
activities funded by the Blue Collar Act;
-
Maintain a list of eligible providers with
performance and cost information;
-
Conduct oversight of youth activities, employment
and training activities and the one-stop system authorized under the
Act; and,
-
Negotiate Performance Measures.
Article IV
Responsibilities of the Delaware Department of Labor’s
Division of Employment and Training
The Delaware Department of Labor’s Division of
Employment and Training shall:
Receive and disburse all WIB funds;
Establish and maintain sound fiscal practices and
procedures which will ensure that all funds are managed in accordance
with the Delaware State Code, the WIA, and the parties to this
agreement;
Administer all WIA programs covered by this
agreement;
Administer any other programs agreed to by the CEO
and the WIB;
Review and evaluate proposals and contractors for
services with the assistance of the WIB;
Develop and maintain a Management Information
System to monitor eligibility, intake, performance, and compliance
with contracts, the WIB Plan, and regulations under the Act;
Report on operation and expenditures of all WIA
programs as required by the U.S. Secretary of Labor, the CEO, and the
WIB;
With the concurrence of the WIB, take prompt and
appropriate corrective action upon learning of violations of the Act
or Regulations;
With the WIB, establish and maintain a procedure
for handling grievances, investigation, and hearings as required under
the Act;
Develop an Annual Budget for the Administrative
Entity;
Establish and maintain eligibility determination,
intake, assessment and referral procedures for those enrolled in WIA
programs; and,
Provide training for all staff involved in the
implementation of WIA.
ARTICLE V
The parties to this agreement acknowledge that while
funds reserved for State Activities are the sole responsibility of the
Governor, this Agreement grants administration of those funds to the DOL/DET
and WIB, the Administrative Entity.
ARTICLE VI
The WIB and the CEO agree that appointment of members
for the WIB is the responsibility of the Governor. Recommendations of
the candidates will follow the requirements of the Act. Removal of the
WIB members for valid causes is the responsibility of the WIB with the
approval of the Governor.
As this Agreement indicates that a partnership exists
between the WIB and the CEO, any disagreements between the partners
affecting this Agreement shall be resolved by mutually satisfactory
negotiations. Any modification or addition hereto shall not become
binding upon either party until accepted by both parties, reduced to
writing, and attached hereto as an amendment to this Agreement. In cases
where accord cannot be reached, the dispute will be submitted to the U.
S. Secretary of Labor’s Office for resolution.
This Agreement shall be in effect until it is
replaced or canceled by mutual agreement of both parties.
We, the undersigned, the Governor of the State of
Delaware and the Chairman of the Workforce Investment Board, enter into
this agreement on the _ 22nd____ day of November, 1999.
| /s/ Thomas R. Carper
_____________________________
Thomas R. Carper
Governor
State of Delaware |
/s/ Fred C. Sears II
________________________________
Fred C. Sears II
Chairman
Workforce Investment Board |
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