(a) Agreement authorized. The County Executive may enter into a workforce development agreement with the Corporation to provide and administer the Anne Arundel County Workforce Development Project.
(b) Required provisions. The agreement shall require:
(1) the Corporation to administer, implement, and manage, on behalf of the County, those publicly funded workforce development programs, including those funded by grants from the United States, grants from the State, and funds from the County, in accordance with the County's annual budget and pursuant to the agreement;
(2) the Corporation to perform, on behalf of the County, all matters necessary to maintain eligibility for the receipt of funds under the workforce development programs designated in the agreement, except those matters that by law must be performed by the County;
(3) the revenue and receipts from transactions funded in whole or in part through workforce development programs to be received, held, expended, and accounted for in accordance with all applicable federal, State, and County requirements;
(4) that the Corporation may not obligate the County, except as required by law under federal, State, or County workforce development programs administered by the Corporation on behalf of the County or as expressly authorized in the agreement;
(5) the Corporation to submit to the County financial statements of a type and frequency acceptable to the Controller, as specified in the agreement;
(6) in the event of dissolution, bankruptcy, or receivership of the Corporation or failure of the Corporation to meet its material obligations under the agreement, the Corporation to assign back to the County all assignable rights, benefits, entitlements, and obligations under the workforce development programs;
(7) the Corporation to submit annually audited financial statements prepared in accordance with generally accepted accounting principles to the County, in conformity with all federal, State, and County program requirements, and an annual report to the County Executive and the County Council concerning its activities;
(8) the Corporation to authorize the Controller and the County Auditor to audit, individually or together, all corporate records;
(9) the Corporation to submit to the Chief Administrative Officer by January 1 of each year a proposed budget for the following fiscal year, July 1 through June 30, including health care premiums and payments for the Corporation's employees as required to maintain health care benefits available from the County;
(10) the Corporation to treat all requests for information from members of the public as requests made under the Maryland Public Information Act, whether or not the Corporation is governed by the Act, and to respond to all requests for information in the manner required by the Act;
(11) the Corporation to maintain in force and effect policies and procedures prohibiting conflicts of interest in the activities of the Corporation and restrictions on interested director transactions;
(12) (i) the Corporation to purchase and maintain while the agreement is in effect:
1. comprehensive general liability insurance with a minimum limit of coverage for property damage of $250,000 per occurrence and a minimum limit of coverage for bodily injury, including death, of $500,000 per occurrence;
2. directors and officers liability insurance with a minimum limit of $1,000,000 of coverage;
3. insurance in compliance with the Workers' Compensation laws of the State; and
4. if the Corporation has or takes title to any vehicle, comprehensive automobile liability insurance with a minimum property damage limit of $250,000 per occurrence and a minimum liability limit of $250,000 per person and $500,000 per occurrence;
(ii) the Corporation to provide the County with a certificate evidencing the coverage;
(iii) as to all policies other than the directors and officers liability policy, the Corporation to name the County, its agents, officers, and employees as additional insureds and to provide the County with at least 30 days' written notice prior to any cancellation, intention not to renew, or material change in coverage; and
(iv) as to directors and officers liability insurance, the Corporation to provide the County with a certificate naming the County, its officers, agents, and employees as additional insureds if such coverage is available to the Corporation at a reasonable cost; and
(13) to the extent permitted by applicable law and grant agreements, the Corporation to indemnify, defend, and hold harmless the County, its officers, agents, and employees from any and all loss, damages, liabilities, claims, and costs arising out of or resulting from any act or omission made by the Corporation, its directors, officers, agents, employees, and Contractors in performance of this agreement, the indemnity being limited to the extent of the Corporation's assets, including insurance.
(c) Assignment of rights, benefits, entitlements, and obligations. The agreement may assign to the Corporation, except as otherwise prohibited by law or contractual obligation, any or all of the County's rights, benefits, entitlements, and obligations under workforce development programs; provide for the Corporation to lease, at a nominal rate, office space in a County-owned building; and contain other provisions not inconsistent with those required by this section or any other law. The agreement may not pledge or authorize the Corporation to pledge the full faith or credit of the County.
(1985 Code, Art. 2, § 13-103) (Bill No. 52-01)