AG 1998 10 19 - Laserfiche WebLink

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ARTICLE VI. FINANCING/LIABILITY In accordance with N.C.G.S. Section 160A-464(5), it is anticipated that funding n~cessary to implement this agreement shall be derived fi.om federal grant and/or state funds received through the Governor. In the event it is necessary to appropriate non-federal funds for the purpose of implementing this agreement, the parties agree, as between themselves, that the state fair share allocation formula shall be used. * The undersigned units of local government hereby acknowledge that they are jointly and severally accountable for liabilities arising out of activities under the Job Training Partnership Act, the Welfare-to-Work Grant, and the North Carolina Employment and Training Grant, and for all funds received by the Service Delivery Area grant recipient pursuant to JTPA, the Welfare-to- Work Grant, and the North Carolina Employment and Training Grant. Liability includes, but is not limited to, responsibility for prompt repayment from nonprogram funds .of any misexpenditures by the administrative entity of the Service Delivery Area, or any of. its subrecipients or contractors, or the Workforce Development Board. As between the consortium members themselves, liability shall be apportioned in the following manner: (a) to the extent that a particular county benefits from costs disallowed (e.g. an ineligible participant from a particular county received training, the cost of which is subsequently disallowed) that county may be liable for those disallowed costs; Co) any disallowed cost for which the benefiting county cannot be detemfined shall be divided equally among the undersigned units of local government. Any entity or joint agency created or designated by this Service Delivery Area, including the Workforce Development Board (WDB), and Administrative Entity shall be considered a public agency for the purposes of the Local Government Budget and Fiscal Control Act. ARTICLE VH. ESTABLISHMENT OF CENTRALI31A WORKFORCE DEVELOPMENT BOARD 0NDB) A. Upon designation by the Governor of North Carolina of the Centralina Area as' a service delivery area, the Chairmen of the Boards of County Commissioners of each of the undersigned units of local government shall convene to establish and select a Centralina Workforce Development Board (hereinafter Centralina WI)B) as such entity is defined in Sections 102 and 103 of the JTPA and accompanying regulations and in accordance with the State of North Carolina Executive Order 90 (December, 1995). The members of the Centralina WDB are to be selected in accordance with the nominating process and representative scheme set forth in Section 102 of the JTPA. B. The Centralina WDB shall consist of twenty (20) members. Eleven (11) of these members shall represent the private sector as that term is defined in Section 102 of the JTPA. Of these eleven private sector members, two shall represent each of the six undersigned units of local government, when feasible. Of the nine (9) remaining members, one shall represent community