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HomeMy WebLinkAbout20011330.tiff RESOLUTION RE: APPROVE AGREEMENT PURSUANT TO PROVISIONS OF FEDERAL WORKFORCE INVESTMENT ACT AND AUTHORIZE CHAIR TO SIGN -WELD COUNTY WORKFORCE DEVELOPMENT BOARD WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, pursuant to the provisions of the Federal Workforce Investment Act, the Board has been presented with an Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Weld County Workforce Development Board, with terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and the Weld County Workforce Development Board be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of May, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD CO TY, COLORADO ATTEST: i ef 1 t �� a J1 ?J!ile! r Weld County Clerk to t! EXCUSED BY: � ��. ,� Glenn Vaad, Pro-Tem Deputy Clerk to the Bo'fir. � -\ -_- �� Willi e ABPF2O D AS TO FORM: vi E. Long aunty Attorn y Robert D. Masden 2001-1330 HR0072 WORKFORCE DEVELOPMENT BOARD and LOCAL ELECTED OFFICIAL AGREEMENT THIS AGREEMENT is entered into this 15t day of June, 2001, between the Board of Commissioners of Weld County, acting on behalf of the Weld County Division of Human Services, hereinafter referred to as "Governing Board,"and the Weld County Workforce Development Board, hereinafter referred to as "WCWDB,"pursuant to the provisions of the Federal Workforce Investment Act(WIA) of 1998. WITNESSETH: WHEREAS, the State of Colorado has designated the County of Weld as a local workforce investment area; and WHEREAS, the Act requires the establishment of a local workforce investment board to provide policy guidance for the portion of the statewide workforce investment system in the local area; and WHEREAS, it is the responsibility of the parties to this Agreement to ensure effective service delivery which provides the most beneficial mix of program services to the residents and employers of Weld County, and WHEREAS, it is further the responsibility of the parties to this Agreement to stimulate the active, effective participation of all sectors of the community in the provision of workforce development services, and WHEREAS, The Act requires the Governing Board and the WCWDB to define the scope of their working relationship by means of an Agreement, which Agreement is set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Governing Board and the WCWDB hereby state and agree as follows: I. Designation The Governing Board is the designated grant recipient for Human Services. Human Services is the designated administrative entity for the Workforce Center programs under the governance of the Governing Board for Weld County. Employment Services of Weld County, under Human Services, programmatically delivers the employment and training programs in Weld County as a Colorado Workforce Center. Page 1 of 6 2O9/-1330 The WCWDB has been created by the Governing Board by Resolution and is comprised of representatives from private sector employers, educational agencies, labor unions, and other human service providers to provide policy, oversight, strategic planning on broad labor market issues and development of employment and training programs for Weld County. II. Purpose The purpose of this agreement is to define the roles and responsibilities of Council, the parties hereto to determine optional services and service variations to meet local employers' and job seekers' needs, oversee the operation of the Workforce Programs, better prepare youth and unskilled adults for entry into the labor force and afford training to economically disadvantaged individuals and other individuals facing serious employability barriers and in need of such training to obtain productive employment in Weld County. Each partner to the Agreement shall provide the specific knowledge, expertise and capabilities needed to effect a high quality workforce development system. III. Workforce Plan Developments The Governing Board, the WCWDB, and Employment Services (under Human Services) will take an active role in the development of the Workforce Development Plans. Employment Services staff shall be directed to prepare the plans under policy guidance of the WCWDB and the approval of the Governing Board. IV. Roles and Responsibilities A. WCWDB Responsibilities The WCWDB shall perform the following functions: 1. Oversee, develop and approve all local workforce plans, as well as program plans for all funding sources under its jurisdiction in conjunction with Employment Services (e.g., Workforce Investment Act of Weld County, etc.). Those plans, upon approval of the Governing Board, will then be submitted to the state. 2. Identify local workforce development needs, including, but not limited to, service expansion, target populations and coordination with partner agencies' staffing needs. 3. Consistent with section 123 of the Act, identify eligible providers of youth activities in the local area and, based on recommendation of the Youth, coordinate the awarding of grants or contracts in a competitive basis in accordance with Weld County Government purchasing and contracting processes. 4. Participate in the selection of organizations to participate in the Workforce Center, including both administration and service delivery. Page 2 of 6 5. Coordinate implementation activities within the Workforce Center. 6. Coordinate with School-to-Career and other appropriate oversight bodies. 7. Develop a local marketing plan, including promotional materials, press releases, etc. 8. Develop community collaboration and coordination through local partnerships with supportive service providers, work with the local economic development process and provide relevant labor market information data to the Information and Job exchange network. 9. Provide administrative oversight and review of local operations to ensure compliance with the local plan. 10. Identify eligible providers of training services described in section 134 (d)(4) of the Act. 11. Evaluate the performance of local Workforce Center and provide resulting information to appropriate county and elected officials. 12. Determine additional local measures for performance standards. 13. Recommend how the Workforce Center can be improved. 14. Recommend to the Governing Body membership appointments to the WCWB. B. Governing Board Responsibilities The Governing Board shall perform the following functions: 1. Oversee the activities of Employment Services in operating as a workforce center according to the plans formulated by the WCWDB and approved by the Governing Board. 2. Appoint membership to the WCWDB. 3. Serve as the grant recipient and assume financial liability for funds or resources received and administered by Human Services pursuant to the agreements with the State. 4. Exercise selection and termination authority for the Human Services Executive Director. 5 Human Services shall be administered by and through the Executive Director. 6. Establish the conditions and terms of employment for all Human Services employees. 7. Ensure that adequate resources are available to assist the WCWDB in carrying out its duties. Page 3 of 6 C. Joint Governing Board and WCWDB Responsibilities The Governing Board and WCWDB shall jointly perform the following basic functions: 1. Develop a comprehensive five-year local plan consistent with Section 118 of the Workforce Investment Act; 2. Designate or certify one-stop operators under section 121 d.(2)(A) of the Act and terminate, for cause, the eligibility of such operators; 3. Program planning and establishment of basic policies and guidelines, and principles for program operations; 4. Promote Workforce Investment Act (WIA), appropriate state legislation and local programs for the benefit of unemployed individuals and local employers; 5. Oversee program implementation and outcomes to assure that legislative intent is met and resources are being utilized for the maximum benefit; 6. Identify available public funding intended for the job training needs of job-seekers and employers; 7. Allocate available resources to the agency and capable service providers in order to attain maximum benefits; 8. Provide a public record of the resources devoted, activities undertaken and performance achieved for the benefit of funding sources, local citizenry, taxpayers and those communities targeted for assistance; 9. Participate in the selection of organizations to participate in the Workforce Center, including both administration and service delivery; and 10. Provide strategic planning on broad labor market issues in ways that are innovative, performance based and responsive to local needs. V. Weld County Workforce Development Board Bylaws The Governing Board shall review and approve the WCWDB Bylaws and subsequent amendments thereto. VI. WCWDB Staff Support/Access to Records Employment Services shall provide the appropriate staff to support the WCWDB. The WCWDB shall have full and complete access to Human Services premises and those records and overall information pertaining to the programs and activities of the One-Stop Career Center. Page 4 of 6 VII. Administration of Grants and Funds The administration of all grants, contracts, etc., awarded to or entitled to the Weld County Workforce Region shall be the responsibility of the Governing Board. This responsibility shall include grant seeking, grant package preparation and submittal, receipt of contracts or awards, obligations of funds, auditing of funds, audit resolution, reporting, monitoring, evaluation and closing out. VIII. Terms of Agreement This Agreement becomes effective upon signature by the Governing Board and WCWDB, and shall stay in effect until such time as: 1) both parties act to rescind the Agreement; 2) federal or state authority ceases for the local implementation of job training programs; or 3) either party who wishes to rescind the Agreement provides notice of the desired rescission at least thirty (30) days prior to the conclusion of the fiscal year, whereupon the effective date of the rescission would then be the close of that fiscal year. IX. Severability If any term or provision of this Agreement, or the application thereof to any person or circumstances shall,to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision,to a person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. X. No Waiver of Immunity No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, nor shall any portion of this Agreement be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this Agreement. IX. No Third Party Beneficiary Enforcement It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action in relation to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give to, or allow any claim or right of action whatsoever by, any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties, receiving services or benefits under this Agreement, shall be an incidental beneficiary only. Page 5 of 6 SIGNED this?1day of May , 2001 ATTEST: Le# / ,'• BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 1661 0 Qv ' Deputy Clerk to the Boar, U j<t M. J. Geile, Chair (05/21/2001) WELD COUNTY WORKFORCE DEVELOPMENT BOARD t-c vL/hC ticCl,�-. uc' le Mantelli, Chair APPROVED AS TO FORM AND SUBSTANCE: al J. peckman, Executive Director d County Division of Human Services Revised May 15,2001,LEOAGREE.tg.wpd Page 6 of 6 C11(1, MEMORANDUM TO: M. J. Geile, Chair Board of Weld County Commissioners WI I D C. DATE: May 17, 2001 FROM: Walter J. Speckman, Executive Director)i COLORADO SUBJECT: Workforce Development Board and Locale Elected Official Agreement Enclosed for Board approval is the Agreement between the Weld County Board of Commissioners and the Weld County Workforce Development Board. The Agreement provides an understanding between the Board of Commissioners and the Workforce Development Board in executing its responsibilities and obligations under the Workforce Investment Act. Please telephone me at(970) 353-3800, extension 3317 if you have any questions. Fri i vi 2001-1330 Hello