HomeMy WebLinkAbout981452.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR ONE-STOP CAREER CENTER SERVICES DELIVERY
AREA AND BYLAWS FOR WORKFORCE DEVELOPMENT BOARD AND AUTHORIZE
CHAIR TO SIGN
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 an Agreement for the One-Stop Career
Center Services Delivery Area between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Human
Services, and the Workforce Development Board, with terms and conditions being as stated in
said agreement, and
WHEREAS, the Board has been presented with Bylaws for the Workforce Development
Board between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
Workforce Development Board, with terms and conditions being as stated in said bylaws, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
bylaws, copies of which are 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 for the One-Stop Career Center Services Delivery Area
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
Workforce Development Board be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Bylaws for the Workforce Development Board between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Department of Human Services, and the Workforce Development Board be, and
hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
981452
HR0001
AGREEMENT FOR THE ONE-STOP CAREER CENTER SERVICES DELIVERY AREA AND
BYLAWS FOR THE WORKFORCE DEVELOPMENT BOARD
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of August, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
way COUNTY, COLORADO
ATTEST: �ixSer�� 1svG
Constance L. Harbert, Chair
Weld County Cler to ; = : r+ Pik/
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°5:P�t W. H. Webster, Pro-iem
BY: • \ 'i���'�%.�� .
Deputy Cler �-'�.> i EXCUSED DATE OF SIGNING (AYE)
I� George E. Baxter
APP D AS RM:
Fxri isFn
Dale K. Hall •
XI
ount Attor ey ic -Lbt�jtG22-
Barbara J. Kirkmeyer V
981452
HRG0DI
MEMORANDUM
TO: Constance L. Harbert, Chairman DATE: August 17, 1998
C Board of Weld County Commissioners
COLORADO FROM: Walter J. Speckman, Executive Director I y� fv
SUBJECT: Workforce Development Board and Local
Elected Official Agreement
Enclosed or Board approval, are the Weld County Workforce
Development Board' s (formally known as the Weld County Private
Industry Council) Bylaws and Agreement with the Board of Weld
County Commissioners .
This Agreement provides an understanding between the Board of
Commissioners and the Workforce Development Board in fulfilling its
duties and obligations under the Job Training Partnership Act and
the One-Stop Career Center System.
The Bylaws and Agreement reflect the changes required for the
Workforce Development Board under the One-Stop Career Center.
Please telephone me if you have any questions .
981452
WORKFORCE DEVELOPMENT BOARD
and
LOCAL ELECTED OFFICIAL
AGREEMENT
THIS AGREEMENT, is entered into this 17th day of August , 1998, between
the Board of County 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 Federal Law 97-300, the Job Training Partnership Act (JTPA) of 1983, as amended, and One-
Stop Career Center Executive Order requirements. The Agreement is intended to identify the
parties' respective roles and responsibilities concerning Weld County's labor market issues,
including the employment and training programs under the Job Training Partnership Act and as a
One-Stop Career Center for Weld County Services Delivery Area ("SDA").
WITNESSETH:
WHEREAS, the State of Colorado has designated the County of Weld as an SDA, and
WHEREAS, the Act requires the establishment of the Private Industry Council to provide
policy guidance for, and exercise oversight with respect to activities under the job training plan
or the local SDA, and
WHEREAS, a July 7, 1997, Executive Order by Colorado Governor Roy Romer,which
creates a statewide network of One-Stop Career Centers, requires the designation and
appointment of local work force development boards, 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 through the One-Stop Career Center, 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:
Page 1 of 6 Pages
c Iy52
I. Designation
The Governing Board is the designated grant recipient for Human Services.
Human Services is the designated administrative entity for the One-Stop Career Center
programs under the governance of the Governing Board for Weld County. The
Employment Services of Weld County, under Human Services, programmatically
delivers the employment and training programs in Weld County.
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 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 the parties
hereto to determine optional services and service variations to meet local employers' and
job seekers' needs, to oversee the operation of the One-Stop Career Center, to better
prepare youth and unskilled adults for entry into the labor force, and to afford training to
economically disadvantaged individuals and other individuals facing serious
employability barriers and who are in need of such training to obtain productive
employment in Weld County.
Each party 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 Human Services will all take an active role in
the development of the Workforce Development Plans including the One-Stop Career
Center and the JTPA Plan. Human Services staff shall be directed to prepare the plans
under policy guidance of the WCWDB and the approval of Governing Board.
IV. Roles and Responsibilities
A. WCWDB Responsibilities
The WCWDB shall perform the following functions:
1. Oversee, develop and approve all local One-Stop Career Center plans, as
well as program plans for all funding sources under its jurisdiction in
conjunction with Employment Services (e.g. Job Training Partnership Act,
Page 2 of 6 Pages
Employment Services 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, coordination with partner agencies
staffing needs.
3. Participate in the selection of organizations to participate in the One-Stop
Career Center, including both administration and service delivery.
4. Coordinate implementation activities within the One-Stop Career Center.
5. Coordinate with School-to-Career and other appropriate oversight bodies.
6. Develop a local marketing plan, including promotional materials, press
releases, etc., consistent with statewide marketing efforts.
7. Develop community collaboration and coordination through local
partnership 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.
8. Provide administrative oversight and review of local One-Stop operations
to ensure compliance with the local plan.
9. Evaluation of the performance of local One-Stop Career Center and give
resulting information to the appropriate county and elected officials.
10. Determine additional local measures for performance standards.
11. Recommend how the One-Stop Career Center can be improved.
B. Governing Board Responsibilities
The Governing Board shall perform the following functions:
1. Oversee the activities of Human Services in carrying out the work as a
One-Stop Career Center according to the plans formulated by the
WCWDB and approved by the Governing Board.
2. Appoint membership to the WCWDB upon recommendation from the
WCWDB.
Page 3 of 6 Pages
9�j4Sa'
3. Assume financial liability for funds or resources received and
administered by Human Services pursuant to the One-Stop Career Center
agreement with the State.
4. Exercise selection and termination authority for the Human Services
Executive Director.
5. Establish the conditions and terms of employment for all employees of
Human Services.
C. Joint Governing Board and WCWDB Responsibilities
The Governing Board and WCWDB shall jointly perform the following basic
functions:
1. Program planning and establishment of basic policies, guidelines, and
principles for program operations;
2. Promote JTPA, appropriate state legislation, and local programs for the
benefit of unemployed individuals and local employers;
3. Oversee program implementation and outcomes to assure that legislative
intent is met and resources are being utilized for the maximum benefit;
4. Identify available public funding intended for the job training needs of
job-seekers and employers;
5. Allocate available resources to the agency and capable service providers in
order to attain maximum benefits; and
6. 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.
7. Participation in the selection of organizations to participate in the One-
Stop Career Center, including both administration and service delivery.
8. Provide strategic planning on broad labor market issues in ways that are
innovative, performance based and responsive to local needs.
Page 4 of 6 Pages
9�Hi of
V. Weld County Workforce Development Board Bylaws
The Governing Board shall review and approve the WCWDB Bylaws and subsequent
amendments thereto, if necessary.
VI. WCWDB Staff Su_pport/Access to Records
Human Services shall be administered by and through the Executive Director.
Appropriate levels of staff support are to be provided by the Executive Director to 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.
VII. Administration of Grants and Funds
The administration of all grants, contracts, etc., awarded to or entitled to the Weld County
Service Delivery Area shall be the responsibility of the Governing Board. The
responsibility shall include grant seeking, grant package preparation and submittal,
receipt of contracts or awards, obligation of funds, auditing of funds, audit resolution,
reporting, monitoring, evaluating and closing out.
VIII. Term 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 desire rescission at least this (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
circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such terms or provisions, 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.
Page 5 of 6 Pages
45;2-
BYLAWS
WELD COUNTY WORKFORCE DEVELOPMENT BOARD
ARTICLE I --NAME
The name of this Weld County Government Advisory Board shall be the "Weld County
Workforce Development Board."
ARTICLE II -- PURPOSE
The Weld County Workforce Development Board, hereinafter referred to as WCWDB, is
a workforce development board of community and business representatives which have expertise
in developing and implementing system and program strategic planning on broad labor market
issues in ways that are innovative,performance based, and responsive to local need. The
WCWDB envisions a workforce development system which emphasizes, whenever possible, a
demand or customer-driven perspective, is understandable to its customers and easy to use, is
focused on outcomes and performance, and is administered locally. The WCWDB is focused on
planning regarding strategic issues, long range outcomes, and overall direction for
Employment Services of Weld County; facilitating and focusing on immediate problems,
conflicts, and tasks which obstruct progress toward a quality workforce; mobilizing resources
(people, financial, and communication) in order to achieve both longer range initiatives and
immediate issues; and celebrating successes and progress.
ARTICLE III -- MEMBERSHIP, APPOINTMENTS, VACANCY
Section 1 --Number: The WCWDB shall consist of up to twenty-one (21) voting
members as determined by the Board of Commissioners of Weld County.
Section 2 -- Appointment and Membership Requirements: The membership of the
WCWDB shall be appointed by the Board of County Commissioners of Weld County, with the
main goal being that a majority of the quorum required to conduct business must consist of
private business representatives, subject to the following requirements:
a. Representatives of the private business sector shall constitute a majority of the
membership of the WCWDB, reflecting industry and business, including
agricultural business.
b. Representatives of organized labor and community-based organizations shall
constitute no less than 15% of WCWDB membership.
Page 1 of 5 Pages
c. School-to-Work shall be represented through a partnership coordinator or
business partner.
d. Public sector membership shall include representation from:
I. Public assistance;
ii. Economic development;
iii. Vocational rehabilitation;
iv. Educational agencies.
e. Membership shall be as geographically representative of Weld County as
possible.
f. All WCWDB members shall be Weld County Residents.
g. All appointments to membership shall comply with the requirements stated in the
Job Training Partnership Laws and Regulations, Sec.102 (c)(1)(A)through
Sec.102 (e)(3) apply, substituting "regional workforce board" for"private industry
council,"wherever applicable.
h. All nominations for WCWDB membership must be reviewed by the WCWDB
with recommendations for appointment forwarded to the Board of
Commissioners of Weld County. The membership of the WCWDB shall be
certified by the Governor, upon the Governor's determination that the
composition and appointments are consistent with the state requirements for a
Regional Workforce Board. Such certification shall be made or denied within 30
days after the date on which a list of members and necessary supporting
documentation are submitted to the Governor.
j. Terms of membership shall be three (3) years. No person shall serve more than
two (2) consecutive three (3)year terms. The Director of the Weld County
Department of Social Services shall be a standing, voting member, not subject to
the term limitation stated above.
Section 3 -- Attendance Requirement; Vacancy: All WCWDB members are required to
attend WCWDB meetings. Any WCWDB member who misses three (3) consecutive
WCWDB meetings, or a total of four(4)regular WCWDB meetings during a one (1) year
period, is subject to dismissal from membership by the Board of County Commissioners.
In the event of a vacancy of a member position, notice of the vacancy shall be published
in the County Newspaper and applications accepted from interested Weld County
residents. The vacancy shall be filled by the Board of County Commissioners pursuant
to the requirements set forth in these Bylaws. The WCWDB may recommend qualified
individuals to the Board of County Commissioners for appointment.
Page 2 of 5 Pages
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Section 4 -- Conflict of Interest: No member of the WCWDB may cast a vote on any
matter which would involve a conflict of interest.
ARTICLE V -- BOARD ROLE AND RESPONSIBILITIES
It shall be the responsibility of the WCWDB to provide program oversight and policy
guidance for all federal and state funded workforce development programs under its jurisdiction
established by law or under the discretion of the Board of Commissioners of Weld County, as
well as to plan, oversee and coordinate the implementation of programs and services of the
Division of Human Services' Employment Services of Weld County. Employment Services of
Weld County is considered to be a"One-Stop Career Center" due to the integration of several
federal and state funded programs under a single delivery system. More specifically, the
responsibilities of the WCWDB shall include:
a. Oversee, develop and approve all local One-Stop Career center plans, as well as
program plans for all funding sources under its jurisdiction in conjunction with
Employment Services (e.g. Job Training Partnership Act, Employment Services of
Weld County, etc.). Those plans, upon approval of the Board of County
Commissioners, will then be submitted to the state.
b. Identify local workforce development needs, including, but not limited to,
service expansion, target populations, coordination with partner agencies staffing
needs.
c. Participate in the selection of organizations to participate in the One-Stop Career
Center, including both administration and service delivery.
d. Development of a Workforce Board/Local Elected Official Agreement to
include, at minimum: description of the local service delivery design, according to
state guidelines, which identifies the partners and location of the One-Stop Career
Center, the fiscal agent and program administrator.
e. Coordinate implementation activities within the One-Stop Career Center.
f. Coordinate with School-to-Career and other appropriate oversight bodies.
g. Develop a local marketing plan, including promotional materials, press
releases, etc., consistent with statewide marketing efforts.
h. Develop community collaboration and coordination through local partnerships
with supportive service providers, work with the local economic development
Page 3 of 5 Pages
98/45
process, and provide relevant labor market information data to the Information
and Job Exchange network.
I. Provide administrative oversight and review of local One-Stop operations to
ensure compliance with the local plan.
j. Evaluation of the performance of local One-Stop Career Center director/operator
and give resulting information to the appropriate county and elected officials.
k. Determine additional local measures for performance standards.
I. Recommend how the One-Stop Career Center can be improved.
ARTICLE VI -- OFFICERS AND MEETINGS
Section 1 -- Election of Chair; The WCWDB shall elect from its members a Chair, who
shall be representative of business and industry. The Chair shall serve a one (1) year
term, beginning in August. No Chair shall serve more than two (2) consecutive terms.
Section 2 -- Election of Vice-Chair: The Vice Chair shall be elected from the WCWDB
Membership. The Vice-Chair shall preside and perform the duties of the Chair in the
Chair's absence, and shall perform all other duties that may be assigned by the Chair.
Section 3 -- Meetings: Regular meetings shall be monthly or as determined by the
WCWDB, unless there is no business to transact. The Chair shall preside at all meetings
of the WCWDB and may call special meetings when needed. Notice to the members of
special meetings shall be provided at least 48 hours before the meeting. Special meetings
may also be called by one-third (1/3) of the WCWDB membership. The time and place of
the WCWDB meetings shall be determined by the WCWDB members. Meetings of the
WCWDB shall be open and accessible to the general public and minutes shall be
maintained.
Section 4 -- Quorum: A quorum shall be deemed formed when more than half('/z) of the
presently constituted voting membership is present and the majority are representative of
private sector business. Associate members will not be considered for quorum.
Section 5 -- Voting: A majority vote of the members of quorum shall be considered a
favorable vote upon all motions or resolutions considered by the WCWDB.
Section 6 -- Executive Committee: An Executive Committee shall be composed of the
Chair and subcommittee chairs. The Chair can appoint any other members(s) from the
Page 4 of 5 Pages
q i2/5-ci,
general membership to serve on the Executive Committee. The Executive Committee
shall have the authority to act on matters between regular WCWDB meetings, but those
actions must be ratified at the subsequent regular WCWDB meeting.
Section 7 -- Subcommittees, Task Forces, and Technical Advisory Committees: The
WCWDB may appoint subcommittees, any additional task forces, and technical advisory
committees as deemed necessary.
Section 8 -- Robert's Rules of Order: Robert's Rules of Order as Revised shall govern
the conduct of the WCWDB meetings.
ARTICLE VII -- AMENDMENT OF BYLAWS
These Bylaws may be amended, subject to approval of the Board of County
Commissioners, of Weld County, at a regular or special meeting of the WCWDB, provided that
any proposed amendment to the Bylaws has been reviewed by the WCWDB members at a
previous meeting. Amendment of these Bylaws shall require an affirmative vote of 50%plus one
(1) of the presently constituted WCWDB voting membership.
M:\WPFJLES\BYLAWS\BEV WCBBY.WPD
Page 5 of 5 Pages
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.
XI. 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 relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in this Agreement shall give 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.
SIGNED this 17th day of August , 1998.
ATTEST: vs BOARD OF COUNTY COMMISSIONERS
LieOF WELD COUNTY
: \.
Deputy Clerk to the /'— Constance L. Harbert, Chair (08/17/98)
�l e. WELD COUNTY WORKFORCE
DEVELOPM T BO
e Bjorland, it
APPROVED AS O FORM AND
SUBSTANCE:
. Speckman. Executive Director,
yid County Division of Human Services
J
fit:\WPFILES\AGREE\W ORKFORCE.WPD
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