HomeMy WebLinkAbout20162142.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR CHIEF ELECTED OFFICIAL AND AUTHORIZE CHAIR
TO SIGN - WORKFORCE DEVELOPMENT BOARD
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 Chief Elected Official
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, Division of
Employment Services, and the Workforce Development Board, commencing upon the full
execution of signatures, 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 Chief Elected Official 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, Division of Employment Services, and the 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 6th day of July, A.D., 2016, nunc pro tunc July 1, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: W
Weld County Clerk to the Board
puty Clerk to the Board
?PRO D AS�TO RM
unty Attorney
Date of signature: "nap/ WO*,
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Mike Freeman, Chair
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Sean P. Conway, Pro-Tem
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2016-2142
HR0001
(16-71.kpiT 1,6
MEMORANDUM
DATE: June 9, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE:
Weld County Department of Human Services' Agreement
between the Workforce Development Board (WDB) and
Chief Elected Official
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval for the Departments' Agreement between the Workforce
Development Board (WDB) and Chief Elected Official. The Federal Workforce Innovation
and Opportunity Act (WIOA) of 2014 requires the establishment of a local workforce
development board to carry out the functions described in Section 107 (d) of the Act. Further,
the Act provides the ability for the WDB and the Board of County Commissioners of Weld
County, acting on behalf of the Weld County Department of Human Services and Employment
Services, to define the scope of their roles and responsibilities by means of an agreement
(attached). Karin McDougal, Assistant County Attorney, has reviewed and approved the
agreement to move forward.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2016-2142
Pass -Around Memorandum; June 9, 2016 (lD# 464) Page 1
WELD COUNTY WORKFORCE DEVELOPMENT BOARD
and
CHIEF ELECTED OFFICIAL
AGREEMENT
-04
THIS AGREEMENT is entered into this /Lp day of , 2016, between the
Board of Commissioners of Weld County, hereinafter referred to s " verning Board", acting
on behalf of the Weld County Department of Human Services, Employment Services of Weld
County, and 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
include 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.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the
Governing Board and the WCWDB 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. Employment Services of Weld County, a division under the Weld County
Department of Human Services, is identified as the 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 Employment Services (under Human Services)
will take an active role in the development of the Regional and local area Workforce
Development Plans. Employment Services 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. To
reduce duplication of services, maximize resources and provide resources for the
workforce system to serve individuals with barriers to include the Temporary
Assistance for Needy Families (TANF) and Employment First required work
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. Designate and/or certify the one -stop operators through utilization of the Weld
County Procurement Process. The competitive process will be completed by July 1,
2017 and the WCWDB will recertify every three years baring 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 as a comprehensive
workforce one -stop center according to the plans 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. Designate or certify one -stop operators under section 107 and terminate, for cause,
the eligibility of such operators;
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 participate in the 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.
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: I) 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
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
Mar )kFreylag, Chair
ATTEST: ',dZI / JC&o;(1 BOARD OF COUNTY COMMISSIONERS
Weld C•unty Clerk to the Board
BY:
Deputy Clerk t the
WELD COUNTY, COLORADO
Mike Freeman, Chair
JUL 0 6 2016
APPROVED AS TO SUBSTANCE:
Ele- -d Offic al or Dep. ment ''ead
04-29-16 CLM
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