HomeMy WebLinkAbout20183178.tiffRESOLUTION
RE: APPROVE STANDARD FORM FOR WORKSITE NON -FINANCIAL AGREEMENT FOR
WORK -BASED LEARNING PROGRAM BETWEEN THE WELD COUNTY
DEPARTMENT OF HUMAN SERVICES AND VARIOUS PROVIDERS AND
AUTHORIZE TAMI GRANT, JUDY GRIEGO OR JAMIE ULRICH TO SIGN
AGREEMENTS 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 the Worksite
Non -Financial Agreement for Work -Based Learning Program between the Weld County
Department of Human Services and various providers, and
WHEREAS, after review, the Board deems it advisable to approve said Standard Form
for the Worksite Non -Financial Agreement for Work -Based Learning Program, a copy of which is
attached hereto and incorporated herein by reference, and to delegate standing authority to Tami
Grant, Division Head of Employment Services, or in her absence Judy Griego, Director, or Jamie
Ulrich, Deputy Director, to execute individual agreements between the Department of Human
Services and various providers.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that said Standard Form for the Worksite Non -Financial Agreement for Work -
Based Learning Program between the Weld County Department of Human Services and various
providers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that Tami Grant, Division Head of
Employment Services, or in her absence Judy Griego, Director, or Jamie Ulrich, Deputy Director,
be, and hereby are, authorized to sign any agreements consistent with said form.
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2018-3178
HR0089
APPROVE STANDARD FORM FOR WORKSITE NON -FINANCIAL AGREEMENT FOR WORK -
BASED LEARNING PROGRAM BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE TAMI GRANT, JUDY GRIEGO OR
JAMIE ULRICH TO SIGN AGREEMENTS CONSISTENT WITH SAID FORM
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of October, A.D., 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Steve Moreno, Chair
Weld County Clerk to the Board
EXCUSED
Barbara Kirkmeyer, Pro -Tern
BY
APP
Coun y orney
Mike Freeman
Date of signature: tO1 Z)(1 / I S'
2018-3178
HR0089
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: September 24, 2018
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services'
Employment Services Work -Based Learning
Program Worksite Non -Financial 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 Employment Services Work -Based Learning Program
Worksite Non -Financial Agreement. The purpose of the Work -Based Learning Program Worksite Agreement
is to partner with local non-profit organizations and allow eligible adults the opportunity to gain work -based
experience and training. This opportunity builds applicable work history and competitive skills which better
prepare the individuals for permanency and future unsubsidized employment. The partnership with these
worksites are non -financial, but the wages for the individuals are funded through the Workforce Innovation and
Opportunity Act (WIOA). The agreement's term is for one year, and the terms of the agreement have been
reviewed and approved by Karin McDougal, Assistant County Attorney.
The Department of Human Services requests approval for:
• Use of the Work -Based Learning Program Worksite Non -Financial Agreement, and
• Authority for Tami Grant, Division Head of Employment Services, to sign said non -financial
agreements.
• In Ms. Grant's absence, the Department requests authority for either Judy Griego, Director, or Jamie
Ulrich, Deputy Director, to sign.
I do not recommend a Work Session. I recommend approval of this agreement and authority for Tami Grant to sign.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Approve Schedule
Recommendation Work Session
I r1f!
Other/Comments:
2018-3178
Pass -Around Memorandum; September 24, 2018— Not in CMS Page 1
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Employment Services of Weld County
Work -Based Learning Program
Worksite Non -Financial Agreement
Agency Name
This Agreement is made this day of , 20 by and between the Weld
County Department of Human Services, Employment Services of Weld County, hereinafter referred to
as Employment Services, and the public or private non-profit agency entering into this Agreement by
signature, hereinafter referred to as Agency.
WITNESSETH
WHEREAS, Employment Services conducts Work -Based Learning Programs for eligible
applicants; and
WHEREAS, Employment Services 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 Employment Services in Work -Based
Learning Programs as a worksite facility for the participants; and
WHEREAS, the Agency and Employment Services 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 the appropriate time for work
experience/internship participants so the employee may develop positive work habits and
gain work experience.
2. Furnish all equipment and materials as deemed reasonably necessary by the Agency and
Employment Services to ensure the continuing accomplishment of the program objectives.
3. Provide liability insurance coverage on the employee. Anyone who is on 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, collective
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bargaining.
6. Provide competent supervision, including adequate training, when the job requires the use of
equipment and/or procedures which are unfamiliar to the employee.
7. Abide by all pertinent 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 provided to Employment Services on the last working day of the
pay period.
8. The Agency agrees to maintain and make available copies of timesheets, payroll, I-9 and
other required documentation to Employment Services and/or State staff. Grant the employee
time off, for those hours deemed necessary and appropriate by Employment Services, for
labor market information activities, monitoring activities, testing, counseling, etc.
9. Treat all employees in the same manner as other employees of the Agency, relative to such
issues as safety and job performance; not including 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 (regardless of how minor) occurs during work hours, the employee must
report his/her injury to the Agency the day that it occurs. The Agency should
immediately contact the Case Manager or the Program Manager, if the Case Manager
is not available.
b. If the injury occurs after regular business hours of Employment Services the
participant should be instructed to go to Urgent Care and identify themselves as a
Weld County Employee and ask that all paperwork be directed to Michelle Raimer at
Human Resources PO BOX 758, Greeley, CO 80632, 970-400-4233,
mraimer@co.weld.co.us. The worksite supervisor should still call and leave a
message for the Case Manager as well as sending an email to Michelle Raimer with
the details of the accident.
c. The Case Manager shall inform the Agency of the specific procedures to follow. If
the employee refuses medical attention, he/she needs to state in writing that he/she
declined medical attention. The employee needs to sign and date this statement and
give it to the Case Manager.
d. The Agency agrees to participate with Employment Services on further investigative
report procedures concerning a Worker's Compensation Claim.
12. Assure that all the Agency's worksites will abide by written policies.
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13. Not to substitute or allow the employee to make-up time missed from work. The Agency
agrees to report to Employment Services any changes in work hours, worksite, supervisor,
etc.
14. Participate in any follow-up, monitoring, and evaluation procedures conducted or endorsed
by Employment Services.
15. Inform Employment Services when any worksite supervisor plans to be on vacation, sick
leave, etc., and outline the alternative arrangements for supervision of the employee.
16. Not to do any of the following:
• Promote or deter union organizing
• Charge fees to the participant under this Agreement
• Involve the participant in sectarian activities
• Involve the participant in lobbying activities
• Accept any kickbacks
• Have any conflict of interest under this Agreement, including nepotism
• Violate maintenance of effort
17. The worksite may be subject to monitoring by both state and local representatives, as well as
regular visits by case management staff to check on the progress of the work
experience/internship participant.
B. Employment Services 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, provided to the employees. This
document must be signed by the supervisor and the employee the day the employee starts to
work.
3. Refer, if available, the agreed upon number of employees to the agency for work experience.
4. Pay the employee for the hours of work completed by the employee, not to exceed 40 hours
per week.
5. Provide Worker's Compensation coverage for all employees who are participating in the
work experience training activity of the Work -Based Learning Program.
6. Disburse all checks to the employee.
7. Dismiss, for cause, those employees who: are not participating in the job duties outlined by
the Agency in the Agreement, which is signed by the employee; fail to show or call in if late
or take an unauthorized day of leave, according to the procedures outlined in the Agreement.
8. Monitor attendance in conjunction with the Agency.
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Revised 4/2018
9. Assist the Agency, upon the Agency's request, in resolving any possible disputes with the
employee.
10. Provide labor market information and other class -type activities for the employee.
C. Assurances:
1. The Agency agrees that it is an independent contractor and that its officers and employees do
not become employees of Weld County, and therefore are not entitled to any employee
benefits as Weld County employees because of the execution 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 Employment Services 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 30 days written notice.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day, month,
and year first above written.
Weld County Department of Human Services Agency
Employment Services of Weld County
Employment Services Signature Agency Representative Signature
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