HomeMy WebLinkAbout20231981.tiffRESOLUTION
RE: APPROVE FISCAL AGENT AGREEMENT FOR WORKFORCE INNOVATION AND
OPPORTUNITY ACT (WIOA) GRANT FUNDS AND AUTHORIZE CHAIR AND
DEPARTMENT OF HUMAN SERVICES 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 a Fiscal Agent Agreement for Workforce
Innovation and Opportunity Act (WIOA) Grant Funds 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 Weld County Controller, with further 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 Fiscal Agent Agreement for Workforce Innovation and
Opportunity Act (WIOA) Grant Funds 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 Weld County Controller, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair, and Karina Amaya-Ragland,
Department of Human Services, be, and hereby are, authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of July, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddia44);�
•Js®-Rrpeman, Chair
Weld County Clerk to the Board
County Attorney Date of signature: O7/24
c c: HS D ACT(cP/Ct)
07/25 /23
2023-1981
HR0095
Corrlvad- DI* 1 rliq
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 5, 2023
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Workforce Innovation and Opportunity Act
(WIOA) Fiscal Agent Agreement
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Department's Workforce Innovation and Opportunity Act
(WIOA) Fiscal Agent Agreement. The Department was informed by the Colorado Department
of Labor and Employment (CDLE) that it is requiring a Fiscal Agent Agreement be executed per
Federal rule. This agreement outlines the scope of service and responsibilities of a fiscal agent
and designates the Weld County Controller to serve as the Fiscal Agent for Employment Services
of Weld County (ESWC).
The Fiscal Agent Agreement is in perpetuity and may be amended upon written approval by all
signed parties.
I do not recommend a Work Session. I recommend approval of this Fiscal Agent Agreement and
authorize the Chair to sign.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve Schedule
Recommendation Work Session Other/Comments:
Pass-Around Memorandum; July 5, 2023 - CMS ID 7174
2023-1981
e009
WIOA FISCAL AGENT AGREEMENT
BETWEEN EMPLOYMENT SERVICES OF WELD COUNTY
AND
THE BOARD OF COUNTY COMMISSIONERS, ON BEHALF OF THE WELD
COUNTY CONTROLLER
THIS AGREEMENT entered by and between Employment Services of
Weld County, hereinafter referred to as ESWC, acting as the One -Stop Operator
and the American Job Center, and the Board of County Commissioners, on
behalf of the Weld County Controller, hereinafter referred to as "Fiscal
Agent."
WITNESSTH that in consideration of the mutual covenants, promises,
and agreements herein contained, the parties agree as follows:
WHEREAS, pursuant to section 107(d)(12)(B)(i)(II) of the Workforce
Innovation and Opportunity Act, hereinafter referred to as "WIOA," ESWC
has designated the Weld County Controller to serve as Fiscal Agent for the
benefit of ESWC. This designation does not relieve the Grant Recipient,
ESWC, of any liability of misuse of funds.
SCOPE OF SERVICE AND RESPONSIBILITIES
The Fiscal Agent shall receive and manage all formula WIOA funds for
ESWC including Adult, Dislocated Worker, and Youth, as well as state
reserve WIOA funds, and other federal funds allocated on behalf of ESWC.
The Fiscal Agent shall be generally responsible for the acceptance and
maintenance, disbursement, accounting, and reporting of WIOA funds.
The Fiscal Agent's duties and responsibilities shall be performed for the
direct benefit of ESWC and performed in accordance with and governed by
applicable WIOA, Federal, and State regulations. In addition, the Fiscal
Agent shall provide services related to grants management, general
accounting, financial services, oversight for fund integrity, staff support, and
technical assistant on fiscal matters
The Fiscal Agent shall be responsible for the oversight and management of
any programs for which all formula WIOA funds for ESWC including Adult,
Dislocated Worker, and Youth, as well as state reserve WIOA funds, and
other federal funds allocated on behalf of ESWC are disbursed. The Fiscal
Agent shall be responsible to ensure sustained fiscal integrity and
accountability of expenditures of funds in accordance with the Office of
Management and Budget (OMB) Uniform Guidance, the U.S. Department of
Labor's exceptions at 2 CFR Part 2900, WIOA and corresponding Federal
Regulations.
Page 1 of 3
4,2 -/9/
The Fiscal Agent shall exercise the degree of skill and care expected by the
financial reporting and accounting profession. The Fiscal Agent accepts
responsibility for the quality, accuracy, and timeliness of the work performed
by the Fiscal Agent and its employees, subcontractors, and agents. The Fiscal
Agent accepts financial responsibility for any errors and omissions attributed
to employees and contractors of the Fiscal Agent that cause harm to the area
and for the faithful performance of its employees and contractors including
employee and contractor theft.
The Fiscal Agent shall ensure that all financial accounting records are
maintained in accordance with accounting principles generally accepted in
the United States of America (GAAP) or other basis as required by the
ESWC. The Fiscal Agent is responsible for maintaining an adequate system
of internal controls, maintaining adequate documentation, and responding to
audit findings.
ESWC delegates the authority to the Fiscal Agent to procure contracts or
obtain written agreements for support of WIOA activities. The Fiscal Agent
will conduct financial monitoring on an annual basis at a minimum and
provide technical assistance to sub recipients regarding fiscal issues. The
Fiscal Agent shall be responsible for procuring annual, organization -wide
financial and compliance audits in accordance with the requirements of the
Single Audit Act of 1984 and OMB 2 CFR Chapter II, Part 200.
ESWC agrees to reimburse the Fiscal Agent for necessary and reasonable
administrative costs for performing the duties of the Grant Recipient as
reflected in an operating budget.
REPORTING EXPECTATIONS
The Fiscal Agent shall provide the following information monthly:
a. Reports and other documents that summarize the current financial conditions of all
WIOA grants awarded to ESWC, including income, expenditures, fund balances,
comparison to approved budget and other financial metrics ESWC may identify in
conjunction with the execution of their responsibilities under this Fiscal Agent
Agreement.
b. Reports and documents that summarize known compliance issues or concerns along
with an explanation of any out -of -compliance notices received for any program for
which ESWC retains ultimate responsibility.
The Fiscal Agent shall meet with ESWC on a regular basis to review reports and address
ESWC's questions or concerns. These meetings shall be held not less frequently quarterly.
AMENDMENT
This Agreement may be amended upon written approval by all signed parties.
Page 2 of 3
SEVERABILITY
If any of the provisions of this Agreement shall be found void or unenforceable for whatever
reason by any court of law or equity, it is expressly intended that such provision(s) be
severable and the remainder of the Agreement shall remain in force and effect.
This Agreement, as stipulated under Section 107(b) of the Workforce Innovation and
Opportunity Act, 29 U.S.C. § 3101, et. seq. has been approved by ESWC and the Fiscal
Agent. The agreement is effective upon the execution of the signatures of ESWC and the
Fiscal Agent. It continues from year to year until it is modified or either ESWC or the Fiscal
Agent initiates steps to terminate it. If either ESWC or the Fiscal Agent plans to terminate
this Agreement, a minimum of 60 days written notice shall be given to the other as to this
intent. Alternatively, this Agreement shall also be terminated upon the repeal of the WIOA
or successor legislation pertaining to Workforce Development.
IN WITNESS WHEREOF, the above parties have caused this Agreement to be duly
executed intending to be bound thereby.
ATTEST:
BY:
Deputy Cl
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
yrA;44z-
Mike Freeman, Chair
JUL 1 2 2023
EMPLOYMENT SERVICES OF WELD COUNTY
�CaYina Awra a -R Gann
Karina Amaya-Ragland ( f 7, 2023 11:3 MDT)
Karina Amaya-Ragland, Workforce Director
Page 3 of 3
/7v
SIGNATURE REQUESTED: ESWC Fiscal
Agent Agreement (f)
Final Audit Report
2023-07-07
Created: 2023-07-07
By: Lesley Cobb (cobiTodk@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAsjf5ay9TQFB6nt8gk836vTcCd05oZSmU
"SIGNATURE REQUESTED: ESWC Fiscal Agent Agreement (f
)" History
In Document created by Lesley Cobb (cobbxxlk@co.weld.co.us)
2023-07-07 - 5:37:50 PM GMT- IP address: 204.133.39.9
C, Document emailed to kamaya@weld.gov for signature
2023-07-07 - 5:38:19 PM GMT
t Email viewed by kamaya@weld.gov
2023-07-07 - 5:42:41 PM GMT- IP address: 204.133.39.9
A, Signer kamaya@weld.gov entered name at signing as Karina Amaya-Ragland
2023-07-07 - 5:43:07 PM GMT- IP address: 204.133.39.9
ao Document e -signed by Karina Amaya-Ragland (kamaya@weld.gov)
Signature Date: 2023-07-07 - 5:43:09 PM GMT - Time Source: server- IP address: 204.133.39.9
Q Agreement completed.
2023-07-07 - 5:43:09 PM GMT
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Acrobat Sign
❑ New Entity?
New Contract Requ
Entity Name* Entity ID*
EMPLOYMENT SERVICES OF WELD 1,00044059
COUNTY
Contract Name*
EMPLOYMENT SERVICES OF WELD COUNTY (WIOA FISCAL
AGENT AGREEMENT)
Contract Status
CTB REVIEW
Contract ID
7174
Contract Lead*
COB'BXXLK.
Contract Lead Email
cobbxxlk3 co.weld.co,us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
EMPLOYMENT SERVICES OF WELD COUNTY WIOA FISCAL AGENT AGREEMENT WITH THE WELD COUNTY CONTROLLER -
AGREEMENT REQUIRED BY THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT. TERM: AGREEMENT IN PERPETUETY.
Contract Description 2
PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 7,6 23.
Contract Type*
AGREEMENT
Amount*
$0,00
Renewable*
YES
Automatic Renewal
Grant
IGA
Department
HUMAN SERVICES
Department Email
CM-
HumanServices@weldgov.co
rn
Department Head Email
CM-HumanServices-
OeptHead0weldgvv.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTOR N EYOWELDG
OV.COM
Requested BOCC Agenda
Date*
07; 12 2023
Due Date
07?08/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
If this is a renewal enter previous Contract ID
If this is part of a NSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
Contract Dates
Effective Date
Review Date.
05/01'2024
Renewal Date.
07;`01 ,'2024
Termination Notice Period
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
OH Approved Date
06,2812023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/12/2023
Originator
COBBXXLK
Contact Type
Committed Delivery Date Expiration Date
Contact Email
Finance Approver
CHERYL PATTELLI
Contact Phone 1
Purchasing Approved Date
Finance Approved Date
06,28/2023
Tyler Ref #
071223
Legal Counsel
BYRON HOWELL
Contact Phone 2
Legal Counsel Approved Date
06,'29,£`202 3
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