HomeMy WebLinkAbout20172712.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR CHIEF ELECTED OFFICIAL AND ONE -STOP
OPERATOR 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 Chief Elected
Official and One -Stop Operator 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 Workforce Development Board, commencing July 1, 2017, 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 Agreement for the Chief Elected Official and One -Stop Operator
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 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 7th day of August, A.D., 2017, nunc pro tunc July 1, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUN.'Y, COLORADO
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Weld County Clerk to the Board
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County Attorney
Date of signature: q / 1 `i / 17
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Julie ,air ,,
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Steve Moreno, Pro-Tem
Sean P. Conway
ara Kirkmeyer
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2017-2712
HR0088
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PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 20, 2017
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Workforce Development Board, Chief
Elected Official (CEO) and One -Stop Operator
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 Weld County Workforce Development Board, Chief Elected
Official (CEO) and One -Stop Operator Agreement. The State of Colorado has designated the County
of Weld as a Regional Planning Area and as a local workforce development area. Pursuant to the
provisions of the Federal Workforce Innovation and Opportunity Act (W[OA) of 2014, the Act requires
the establishment of a Local Workforce Development Board (LWDB) to carry out the functions of
establishing a core program which includes policy guidance for the portion of the statewide workforce
system in the local area. Employment Services of Weld County (ESWC) was selected, through an open
competitive bid process, to be the local One -Stop Operator for the Weld County Regional Planning Area
and the local workforce development area.
The Colorado Workforce Development Council (CWDC) requires that any organization that has been
selected to perform more than one function such as local fiscal agent, LWDB staff, one -stop operator,
and/or direct provider of services, must develop a written agreement with the LWDB and the CEO to
clarify how the organization will carry out its responsibilities while demonstrating compliance with the
Act, corresponding regulations, Office of Management and Budget (OMB) circulars, and State policies.
Attached is the agreement which has been reviewed by Assistant County Attorney Karin McDougal.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Schedule Other/Comments:
Recommendation Work Session
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
k
Pass -Around Memorandum; July 20, 2017 - ID 1250 Page 1
WELD COUNTY WORKFORCE DEVELOPMENT BOARD;
CHIEF ELECTED OFFICIAL;
and
ONE -STOP OPERATOR
AGREEMENT
THIS AGREEMENT is entered into this % day o , 2017, between (1)
the Board of Commissioners of Weld County, hereinafter referred tJ as "Governing Board",
acting on behalf of the Weld County Department of Human Services, (2) Employment Services
of Weld County, hereinafter referred to as ESWC, acting as the One -Stop Operator and the
American Job Center, and (3) the Weld County Workforce Development Board, hereinafter
referred to as "WCWDB," pursuant to the provisions of the Federal Workforce Innovation and
Opportunity Act (WIOA) of 2014, hereinafter referred to as "the Act".
WITNESSETH:
WHEREAS, the State of Colorado has designated the County of Weld as a Regional
Planning area and as a local workforce development area; and
WHEREAS, the Act requires the establishment of a local workforce development board
to carry out the functions described in Section 107 (d) of the Act, and any functions specified for
the local board under the Act or the provisions in the Act establishing a core program which
includes policy guidance for the portion of the statewide workforce system in the local area; and
WHEREAS, it is the responsibility of the parties to this Agreement to ensure effective
delivery of services which provide the most beneficial mix of program/partner 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 WIOA partners and sectors of the community in the
provision of workforce development services; and
WHEREAS, the Act provides the ability for the Governing Board and the WCWDB to
define the scope of their roles and responsibilities by means of an Agreement, which Agreement
is set forth herein;
WHEREAS, ESWC was selected through an open competitive bid process to be the local
One -Stop Operator for the Weld County Regional Planning area and the local workforce
development area; and
WHEREAS, the Act and the Colorado Workforce Development Council require that any
organization that has been selected to perform more than one of the functions such as local fiscal
agent, Local WDB staff, one -stop operator, and/or direct provider of services; must develop a
written agreement with the Local Workforce Development Board and the Chief Elected Official
to clarify how the organization will carry out its responsibilities while demonstrating compliance
with the Act , corresponding regulations, OMB circulars, and state policies.
2017-2712 (I)
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
Governing Board, the WCWDB, and ESWC hereby state and agree as follows:
I. Designation
The Governing Board is the designated grant recipient for all WIOA Title I, Title III and
other Federal and State funding appropriations for workforce development programs for
the Weld County Department of Human Services, Division of Employment Services of
Weld County.
The Weld County Department of Human Services is the designated administrative entity
for the workforce center programs under the governance of the Governing Board for
Weld County. ESWC, a division under the Weld County Department of Human
Services, is identified as the American Job Center and was selected as the One -Stop
Operator through an open and competitive bid process. ESWC functions as a
comprehensive workforce one —stop center for Weld County and programmatically
delivers the employment and training programs funded under WIOA Title I and Title III
and other Federal and State funded workforce development programs and initiatives, as
well as the work components of the Temporary Assistance for Needy Families (TANF),
Community Services Block Grant (CSBG), and the Employment First 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 as prescribed by the Act to provide policy, oversight,
strategic planning on broad labor market issues and development of employment and
training programs regarding the one -stop delivery system 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, 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
who are in need of such training to obtain productive employment in Weld County.
Each partner to the Agreement shall provide the specific knowledge, expertise and
resources needed to affect a high quality workforce one -stop delivery system.
III. Workforce Plan Developments
The Governing Board, the WCWDB, and ESWC (under Human Services) will take an
active role in the development of the Regional and local area Workforce Development
Plans. ESWC staff shall support the work of the WCWDB and prepare the plans, other
regional policies, and any Memorandums of Understanding required by the Act under the
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. Develop Local Plan — In partnership with the Governing Board develop
comprehensive four (4) year local and regional plans to implement the Workforce
Innovation and Opportunity Act (WIOA).
2. Conduct workforce research and regional labor market analysis to identify: economic
conditions; the knowledge and skills needed for employment in the region; and an
analysis of the available workforce to assist in the development of the regional/local
area plan.
3. Convene, broker, and leverage with local workforce development system partners and
stakeholders to assist in development of local plan and in identifying non-federal
expertise and resources to leverage support for workforce development activities.
4. Lead efforts to engage with a diverse range of employers and entities in the region to
promote business representation; to develop effective linkages with employers to
support utilization of the workforce system; to ensure that workforce investment
activities meet the needs of employers and support economic growth in the region;
and to implement proven or promising strategies for meeting the employment and
skill needs of workers and of employers (such as establishment of industry/sector
partnerships).
5. In partnership with the Governing Board, provide oversight of programs to ensure
appropriate use and management of program funds for activities, to maximize
performance outcomes, and to develop Memorandum of Understandings (MOUs)
with required one -stop partners.
6. In partnership with the Governing Board and the Governor, negotiate local
performance accountability measures as described by the Act.
7. Select or re -certify the one -stop operator through utilization of the Weld County
Procurement Process. The selection will be made through a competitive bid process
which will take place every three years after July 1, 2017 barring any major changes.
8. Identify eligible providers of training services in the local area.
9. Conduct oversight for local youth workforce investment activities, including
identifying eligible providers of youth program elements in the local area by
awarding grants or contracts on a competitive basis utilizing the Weld County
Procurement Process.
10. Develop a budget (with the grant recipient) for the activities in the local area,
consistent with the local plan and duties of the WCWDB.
11. Work with representatives of secondary and post -secondary education programs, in
the local area to develop and implement career pathways within the area.
12. Lead efforts in the local area to identify, promote, and disseminate proven and
promising strategies and initiatives to meet the needs of employers and workers with
disabilities.
13. Develop strategies for using technology to maximize the accessibility and
effectiveness of the local workforce development system for employers, workers, and
jobseekers.
14. Coordinate activities with education and training providers in the local area, including
workforce, adult education and literacy, career and technical education, and
Vocational Rehabilitation activities. Specifically, this includes reviewing
applications to provide adult and literacy activities under Title II for the local area to
determine whether applications are consistent with the local plan, and implementing
cooperative agreements and/or Memorandums of Understanding with Vocational
Rehabilitation agencies to enhance provision of services to individuals with
disabilities.
15. Annually assess the physical and programmatic accessibility of all of the one -stop
centers in the local area in accordance with section 188 of the Act for individuals with
disabilities.
B. Governing Board Responsibilities
The Governing Board shall perform the following functions:
1. Oversee the activities of Employment Services in operating the American Job Center
and as the selected One -Stop Operator in accordance with the plans and
recommendations 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 the Director of the Weld County Department of Human
Services pursuant to the agreements with the State.
4. Establish the conditions and terms of employment for all Weld County Department
Human Services employees.
5. Ensure that adequate resources are available to assist the WCWDB in carrying out its
duties.
C. Joint Governing Board and WCWDB Responsibilities
The Governing Board and WCWDB shall jointly perform the following basic functions:
1. Develop a comprehensive local and regional plan consistent with section 107 of the
Act;
2. Select or re -certify one -stop operators under section 107 and terminate, for cause, the
eligibility of such operators as appropriate;
3. Program planning and establishment of basic policies and guidelines, and principles
for program operations;
4. Promote the Act, 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 be the local One -Stop Operator,
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.
D. ESWC's Responsibilities as the One -Stop Operator to the WCWDB, and the Governing
Board
In the role of the One -Stop Operator, ESWC will work with the WCWDB and the Weld
County Department of Human Services to ensure customers have access to connect with
the full range of relevant programs, services and activities provided by the required
partners in the Weld County Americas Job Center, and the one -stop service delivery
system as specified in § 121 of the Workforce Innovation and Opportunity Act of 2014,
and Colorado Policy Guidance Letter (PGL) WIOA-2016-02.
In addition to its role as the One -Stop Operator, ESWC is the Americas Job Center for
the Weld County Regional Planning area and the local workforce area. In the role of
One -Stop Operator, ESWC will be responsible for and support the Americas Job Center
in the following ways as directed:
1. Facilities, Equipment and Operations Management, including:
a. Report any facilities issues such as heating, cooling, restrooms, janitorial service,
necessary repairs or other issues related to space and furniture;
b. Oversee the center calendars to ensure all classes and activities are adequately
staffed and offered appropriately;
c. Ensure technology is functional and current;
d. Ensure that all staff in the center are properly trained and utilize the required data
management systems for all data entry.
e. Working with partners to guarantee adaptive technologies to support disabled
clients are in good working order, available and that staff is properly trained in
this area;
f. Ensure that all Americans with Disabilities Act requirements are met and
managed and prepare annual report to the Workforce Development Board
regarding the requirements of the American Disability Act.
g. Certify all equipment is maintained and appropriately secured;
h. Assist in coordinating services in the Fort Lupton Office; and
i. Communicate any concerns or recommendations to the Department Head.
2. Resource Sharing Agreement (RSA) and Memorandums of Understanding:
a. With the WCWDB, create, maintain and update any RSA as necessary to ensure
partners are contributing their share of the costs of the center;
b. Ensure that all shared costs are transparent to all partners;
c. Update and Coordinate Memorandums of Understanding as needed with
mandatory partners; and
d. Work though agreements with partners to recommend improved service delivery,
document any accomplishments and strengthen the workforce system with all
partners, helping to assure career services are available regardless of where
customers enter the workforce system.
3. Staff Training: (will occur quarterly at a minimum)
a. Coordinate and document staff training in areas of leadership, customer service,
workforce development, lean processes, networking, public speaking and other
skills to be determined;
b. Facilitate cross training among the staff and partners; and
c. Assist managers in identifying training needs
4. Staff Committees:
a. Coordinate staff committees to address needs within the America's Job Center
and the workforce system. Committees might be internally -facing (i.e. staff
development, hospitality) or customer -facing (i.e. marketing, safety, and
aesthetics).
5. Marketing:
a. Promote the services of the America's Job Center, including development of
marketing and outreach materials and management of the center Facebook,
Linked In and other digital media pages with the support and under the direction
of the Weld County Department of Human Services and the Governing Board.
Additional Responsibilities for ESWC in the role of the One -Stop Operator:
1. Maintain knowledge of the mission and performance standards of all partners;
2. Ensure ESWC's non -program -related policies and procedures are effectively
communicated and carried out at the America's Job Center, affiliate sites and
connection sites;
3. Comply with all policies governing operations of the Department and the
Governing Board;
4. Ensure non -program Equal Employment Opportunity (EEO) requirements are
met, including coordinating staff training and assuring EEO posters and processes
are in place;
5. Establish a methodology for measurement; and ensuring services, especially
workshops, are of the highest quality and are meeting customer needs and the
needs of the labor market;
6. Conduct regular surveys and screenings of center -wide customers and staff
members for continuous improvement of all services and environments of the
America's Job Center, connection sites and affiliate sites.
7. Report to the WCWDB on operations, performance accountability and continuous
improvement processes as requested.
E. ESWC Responsibilities to Maintain Appropriate Barriers because of role as One -Stop
Operator
To ensure adequate firewalls are established and maintained, ESWC will follow the
WCWDB bylaws and Conflict of Interest Policy, and Weld County Government
Purchasing guidelines to ensure ESWC staff recuse themselves for any WCWDB
functions that would create a conflict of interest. Instances in which ESWC employees
may recuse themselves include but are not limited to the following circumstances:
1. Prior to full disclosure of the information, any discussion about any matter
regarding the provision of services by such member (or an entity represented by
such member) or that would directly benefit such member or the immediate family
of such member;
2. Any situation where ESWC or an individual employee receives any direct financial
benefit from any contract for which he/she has participated in the development of
the Request For Proposal (RFP) or determination of contract terms or performance
standards; or
3. Any situation where ESWC or an individual employee engage directly or indirectly
in any business transactions or private arrangements for profit which accrue from
or are based upon the member's position on the board.
4. From board or council votes when a conflict of interest arises.
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.
Accompanied by ESWC staff, the WCWDB shall have full and complete access to
Weld County Department of Human Services premises and those records and
overall information pertaining to the programs and activities of the one -stop
delivery system.
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) 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
written 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.
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 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.
IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day,
month, and year first above written.
WELD COUNTY WORKFORCE DEVELOPMENT BOARD
Tan# Gram, Division Head
Dave Thompson, Chair
EMPLOYMENT SERVICES OF WLED COUNTY
ATTEST: W�". BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board
BY:
Deputy Clerk to
WELD COUNTY, COLORADO
Julie Cozad, Chair
UG 0 7 2017
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