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HomeMy WebLinkAbout20260169 Resolution Approve Standard Form for Non-Financial Agreement for Work-Based Learning Program Worksite Between Department of Human Services Workforce Center and Various Entities, and Authorize Department of Human Services to Sign Any Agreement Consistent with Said Form 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, the Board has been presented with a Standard Form for Non-Financial Agreement for Work-Based Learning Program Worksite between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Department of Human Services Workforce Center, and various entities, with further terms and conditions being as stated in said standard form, and Whereas, after review, the Board deems it advisable to approve said standard form, 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 Standard Form for Non-Financial Agreement for Work-Based Learning Program Worksite between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, Department of Human Services Workforce Center, and various entities, be, and hereby is, approved. Be it further resolved by the Board that the Director of the Department of Human Services, or Designee, be, and hereby are, authorized to sign said standard form. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 28th day of January, A.D., 2026: Scott K. James, Chair: Aye �.•■+-.� Jason S. Maxey, Pro-Tem: Aye \_ I /ai%\ Perry L. Buck: Aye I Lynette Peppier: Aye 1��� ' S; 110. Kevin D. Ross: Aye '.,,;r Approved as to Form: `•®?. Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board cc'. 4-AST), c 60.4/13H) 2026-0169 ba 1 (i-1 1 oZ Lo HR0098 BOARD OF COUNTY COMMISSIONERS PASS-AROUND REVIEW PASS-AROUND TITLE: Non-Financial Agreement for Work-Based Learning Program Worksite Template DEPARTMENT: Human Services DATE: January 13, 2026 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Department is requesting approval of the Weld County Workforce Center Non-Financial Agreement for the Work-Based Learning Program Worksite Template. This template establishes annual, non-financial agreements between the Workforce Center and employer worksites and outlines applicable wage and insurance requirements related to internships and other work-based learning activities. Through these agreements, eligible participants engage in work-based learning experiences designed to support skill development, workforce readiness, and potential employment opportunities. The template has been reviewed and approved by Legal (B. Howell). These agreements are non-financial and will take effect upon the date of the last signature. Each agreement will remain in force for a period not to exceed one (1) year. What options exist for the Board? • Approval of the Non-Financial Agreement for Work-Based Learning Program Worksite Template • Deny approval of the Non-Financial Agreement for Work-Based Learning Program Worksite Template Consequences: Weld County Workforce Center will not have an approved template for Work-Based learning activities for program participants. Impacts: The Workforce Center will be unable to establish worksite partnerships, resulting in reduced opportunities for participants in work-based learning programs. Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): • Total cost = These agreements are non-financial. Pass-Around Memorandum; January 13, 2026 — NOT IN CMS 2026-0169 Recommendation: Approval of the Weld County Workforce Center Non-Financial Agreement for Work-Based Learning Program Worksite Template and authorize the Department Director, Deputy Director or Division Director to sign subsequent agreements. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey1,9 �y✓J Lynette Peppier Kevin D. Ross Pass-Around Memorandum; January 13, 2026— NOT IN CMS NON-FINANCIAL AGREEMENT FOR WORK-BASED LEARNING PROGRAM WORKSITE BETWEEN WELD COUNTY WORKFORCE CENTER AND [AGENCY] THIS AGREEMENT is made this day of , 2026 by and between the Weld County Department of Human Services, Weld County Workforce Center, hereinafter referred to as Weld County Workforce Center, and [Agency] the public, private or non-profit agency entering into this Agreement by signature, hereinafter referred to as Agency. WITNESSETH WHEREAS, Weld County Workforce Center conducts Work-Based Learning Programs for eligible applicants; and WHEREAS, Weld County Workforce Center provides activities for the eligible applicants under Work-Based Learning Programs, that can be defined as employment; and WHEREAS, the Agency desires to participate with Weld County Workforce Center in Work-Based Learning Programs as a worksite facility for the participants; and WHEREAS, the Agency and Weld County Workforce Center desire to work together for the express purpose of providing work experience/internship for the participant. NOW THEREFORE, in consideration of the implementation of these goals, the parties hereby agree to the following: A. Agency Responsibilities: 1. Provide and maintain a productive worksite and allocate appropriate time for work experience/ internship participants to develop positive work habits and gain work experience. 2. Furnish all equipment and materials deemed reasonably necessary by the Agency and Weld County Workforce Center to ensure the continuing accomplishment of the program objectives. 3. Provide liability insurance coverage on the employee. Anyone participating in a special work program is assigned to work under a company's name and therefore must be covered under the company's liability insurance policy. 4. Accept only the number of employees who can be utilized productively. 5. The Agency will be in accordance with Workforce Innovation Opportunity Act, 29 USC 3241, also known as WIOA Section 181, including: a. Prohibited from displacement of current full-time or part-time employees with employees under the Work-Based Learning Programs. b. Equal working conditions, prohibition on use of funds after relocation, Revised 1/2026 collective bargaining. 6. Provide competent supervision, including adequate training, whenever the job requires the use of equipment and/or procedures that are unfamiliar to the employee. 7. Abide by all applicable Department of Labor Laws (Occupational Health and Safety [OSHA], Davis Bacon Act, Child Labor Laws, etc.) The Agency agrees to contact the Program Manager of Work-Based Learning Programs if any questions arise concerning specific tools or the Child Labor Laws. Report attendance days and hours which the employee has worked during the pay period on the timesheets provided by the Case Manager. Completed and signed timesheets must be submitted to Weld County Workforce Center on the last working day of the pay period. 8. The Agency agrees to maintain and make available copies of timesheets, payroll, 1-9 and other required documentation to the Weld County Workforce Center and/or State staff. The agency will also grant the employee time off, for those hours deemed necessary and appropriate by Weld County Workforce Center, for labor market information activities, monitoring activities, testing, counseling, etc. 9. Treat all employees in the same manner as other Agency employees regarding issues such as safety and job performance, excluding benefits. 10. Immediately contact the Case Manager regarding any difficulties the Agency may have concerning the employee's performance, absence or tardiness, etc. 11. Follow the process outlined regarding Worker's Compensation: a. If an injury occurs during work hours, regardless of severity, the employee must report it to the Agency on the same day that it occurs. The Agency should immediately contact the Case Manager or the Program Manager if the Case Manager is unavailable. b. If the injury occurs after regular business hours of Weld County Workforce Center, the participant should be instructed to go to Urgent Care, identify themselves as a Weld County Employee and request that all paperwork be directed to Kelly Leffler at Human Resources PO Box 758, Greeley, CO 80632, 970-400-4220, kleffler@weld.gov. The worksite supervisor should also call and leave a message for the Case Manager and send an email to Human Resources with details of the accident. c. The Case Manager shall inform the Agency of the specific procedures to follow. d. If the employee refuses medical attention, he/she must provide a written statement indicating that they declined medical care. The statement should be signed and dated by the employee and submitted to the Case Manager. e. The Agency agrees to cooperate with the Weld County Workforce Center in any further investigative procedures related to a Worker's Compensation claim. Revised 1/2026 12. Assure that all the Agency's worksites will abide by written policies. 13. Not to substitute or allow the employee to make up time missed from work. The Agency agrees to report to Weld County Workforce Center any changes in work hours, worksite, supervisor, etc. 14. Participate in any follow-up, monitoring, and evaluation procedures conducted or endorsed by Weld County Workforce Center. 15. Notify the Weld County Workforce Center whenever a worksite supervisor plans to be on vacation, sick leave, or otherwise unavailable, and provide details of alternative arrangements for supervision for the employee. 16. Not to do any of the following: a. Promote or deter union organizing b. Charge fees to the participant under this Agreement c. Involve the participant in sectarian activities d. Involve the participant in lobbying activities e. Accept any kickbacks f. Have any conflict of interest under this Agreement, including nepotism g. Violate maintenance of effort 17. The worksite may be subject to monitoring by state and local representatives, as well as regular visits by case management staff to review the progress of the work experience/internship participant. B. Weld County Workforce Center Responsibilities: 1. Provide the Agency with an orientation session outlining the specific procedures and policies the Agency will need to follow as a worksite. 2. Provide the Agency with a copy of the general Agreement given to employees. This document must be signed by the supervisor and the employee on the employee's first day of work. 3. Refer, if available, the agreed upon number of employees to the Agency for work experience. 4. Pay the employee for all hours of work, not to exceed 40 hours per week. 5. Provide Worker's Compensation coverage for all employees participating in the work experience training activities of the Work-Based Learning Program. 6. Disburse all payroll checks directly to the employee. 7. Dismiss, for cause, any employees who: a. Are not participating in the job duties outlined by the Agency in the Agreement signed by the employee; Revised 1/2026 b. Fail to report to work, call in if late, or take unauthorized leave, in accordance with the procedures outlined in the Agreement. 8. Monitor attendance in coordination with the Agency. 9. Assist the Agency, upon the Agency's request, in resolving any potential disputes with the employee. 10.Provide labor market information and other class-type activities for the employee. C. Assurances: 1. The Agency acknowledges that it is an independent contractor and that its officers and employees are not employees of Weld County and therefore are not entitled to any employee benefits from Weld County as a result of this Agreement. 2. This Agreement does not constitute a "partnership" to the extent that term in anyway encompasses joint liability. Each party to the Agreement is responsible for its own employees, representatives, agents and subcontractors. Notwithstanding the foregoing, nothing herein shall be deemed to constitute a waiver of sovereign immunity. This covenant shall survive the termination of the Agreement. 3. The Agency understands that monitoring and evaluation of the performance of this Agreement shall be conducted by the Weld County Workforce Center and the results provided to the Weld County Workforce Development Board and the Board of County Commissioners of Weld County. 4. The Agency assures that it will not discriminate against any work experience/internship participant because of race, color, religion, sex, or national origin. The participant will not be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this approved Agreement. D. Modification: This Agreement may be modified at any time by a written amendment signed by both parties. E. Termination: This Agreement may be terminated at any time by either party giving thirty (30) days written notice. Revised 1/2026 IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. Weld County Department of Human Services Agency Weld County Workforce Center BY: Weld County Department of Human Services Agency Representative Signature Director or Designee Revised 1/2026 Hello