HomeMy WebLinkAbout20151383.tiff RESOLUTION
RE: APPROVE STANDARD FORM FOR COLORADO WORKS IN WELD COUNTY
EMPLOYMENT AND TRAINING PROGRAM WORK SUPPLEMENTATION ACTIVITY
AGREEMENT BETWEEN THE WELD COUNTY DEPARTMENT OF HUMAN
SERVICES AND VARIOUS PROVIDERS AND AUTHORIZE DIRECTOR OF THE
DEPARTMENT OF HUMAN SERVICES 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, sitting as the Weld County Board of Human Services, has been
presented with the form of a Colorado Works in Weld County Employment and Training
Program Work Supplementation Activity Agreement between the Weld County Department of
Human Services and various providers, and
WHEREAS, after review, the Board deems it advisable to approve the form of said
Activity Agreement, a copy of which is attached hereto and incorporated herein by reference,
and to delegate standing authority to the Director of the Department of Human Services 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, sitting as the Weld County Board of Human Services, that the form of
the Colorado Works in Weld County Employment and Training Program Work Supplementation
Activity Agreement between the Weld County Department of Human Services and various Child
Welfare providers be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Director of the Department of
Human Services be, and hereby is, authorized to sign any agreements consistent with said
form.
CU Rai Witt 2015-1383
HR0086
STANDARD FORM FOR COLORADO WORKS IN WELD COUNTY EMPLOYMENT AND
TRAINING PROGRAM WORK SUPPLEMENTATION ACTIVITY AGREEMENT AND
AUTHORIZE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES TO SIGN
AGREEMENTS CONSISTENT WITH SAID FORM
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,adopted
by the following vote on the 18th day of May,A.D.,2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY,COLORADO
ATTEST: , I :ti � 'Kirkm /a hair
�C.Lw r ara KirkmeyerlChair
Weld County Clerk to the Board
Mike Freeman,Pro-Tern
BY.
De.0 d Clerk to the Boa d
Sean P.Co way
E.t.a
APPROVED AS TO FOR G(14/
Julie A.Cozad
1161
Count ttorneyfzir
"'' ♦ C//$ _ 'Lz�...y
Steve Moreno
Date of signature: Le/9,`®�
2015-1383
HR0086
�86 MEMORANDUM
�E DATE: May 15, 2015
VCOUNTY TO: Barbara Kirkmeyer, Chair, Board of County Commissioners
FROM: Judy A. Griego, Director, Human Services Department
RE: Department of Human Services' Employment Services
Work Supplementation Activity Agreement Form
Enclosed for Board approval is the Department's Employment Services Work Supplementation
Activity Agreement Form. This was reviewed under the Board's Pass-Around Memorandum
dated April 16, 2015, and was approved for placement on the Board's Agenda.
Employment Services' goal of the Work Supplementation subsidized work activity is to encourage
employers in employing Temporary Assistance for Needy Families(TANF)recipients.The employer
will provide a wage to a participant similar to that of any other regular employee, and Employment
Services will provide a reimbursement to the employer for a certain period of time. The wage and
period of employment is employer and client dependent and would vary based on each individual's
activity. For example, an employer pays $8.50 per hour and hires our client to work 40 hours per
week and we reimburse for 12 weeks. The total obligation per client would be$4080.00. Depending
on the wage at hire and the number of weeks negotiated, the amount obligated would vary.
It is understood that if the Board approves this form the delegation of signature authority will be
given to the Director of Human Services. Future agreements will not be sent through Consent
Agenda. It is the responsibility of the Department of IIuman Services to ensure that funds are not
expended beyond the grant amounts that have been set aside for this project.
If you have questions, please give me a call at extension 6510.
2015-1383
COLORADO WORKS IN WELD COUNTY
EMPLOYMENT AND TRAINING PROGRAM
WORK SUPPLEMENTATION ACTIVITY AGREEMENT
THIS AGREEMENT is made and cntered into this day of , 201 by and between the
Weld County Department of Human Services, on behalf of Employment Services of Weld County, by and
through the Board of County Commissioners, hereinafter referred to as "Employment Services," and
[an individual], [a limited liability partnership] [a limited liability company] [a
corporation], who whose address is , hereinafter
referred to as "Employer."
WITNESSETH
WHEREAS, Employment Services provides the employment and training program for eligible recipients
of Temporary Assistance for Needy Families (TANF) under the Colorado Works in Weld County Program,
and
WHEREAS, Employment Services' goal is to assist eligible recipients in obtaining and retaining
unsubsidized employment; and
WHEREAS, the Employer desires to participate with Employment Services in a subsidized private sector
employment program specifically designed for recipients of TANF under Colorado Works in Weld County as
an employer, and to provide training in the needed skills for jobs with the Employer for those recipients; and
WHEREAS, the Employer and Employment Services desire to work together for the express purpose of
providing employment and training for participants under this program.
NOW THEREFORE, in consideration of the implementation of these goals and the mutual promises and
covenants contained herein, the parties hereby agree to the following:
A. Program Definitions
The goal of this Work Supplementation subsidized work activity is to support the Employer in employing
TANF recipients where they may not otherwise be able to do so with an anticipated outcome of full-time
paid employment. The Employer will provide a wage to a participant similar to that of any other regular
employee and Employment Services will provide a reimbursement of % of the wages for a period of
weeks, with a maximum payment of
Only those participants who are recipients of TANF under the Colorado Works in Weld County program
are eligible for reimbursement under this agreement. Should a participant lose those benefits they will no
longer be eligible and Weld County will have no further obligation under this agreement.
Mentoring designed to help the participant acquire the requisite skills needed for continued employment,
as well as to resolve any job related issues or performance problems, and assist with the participant's
entrance into the work force will be provided by both the Employer and case management staff at
Employment Services.
B. Employer Responsibilities
1. Provide for a minimum of three months of continuous full time employment for a participant to
achieve the requisite skills needed to retain un-subsidized employment. The Employer will provide
participants with wages that are comparable to other employees doing comparable work. The
Employer understands they are expected to continue to employ the participant after the end of the
agreed upon time period unless good cause prevents retention.
a. Commit to a forty-hour work week that provides for a combination of work and training.
b. Provide training in the job specific skills needed to perform the job and mentor recipients in work
ethics and employment retention skills for either continued employment with the Employer or
preparation for employment with another employer. Reinforce employer basic skills competency
through performance evaluations and/or counseling forms.
1) The Employer will provide training to participants specific to the job.
2) Evaluate the participant's performance a minimum of two times using the Colorado Works in
Weld County, Basic Work Skills Development Report and made a part of this Agreement as
Attachment A. In the event that the Employer terminates this agreement for any reason,
Employer is still obligated to provide a completed Attachment A for each employee who is
subject to this program.
c. Furnish all equipment and materials as deemed reasonably necessary by the Employer to ensure the
continued accomplishment of program objectives.
d. Provide liability and worker's compensation insurance coverage for the participant to the same
extent as for other employees similarly employed.
e. Agree that the Employer is given the final decision in selecting the participant under the terms of
this Agreement.
f Provide the same benefits including health insurance, sick leave, holidays, vacation, life insurance
and other benefits to the same extent as for other employees similarity employed.
g. Accept only the number of participants whom the Employer can utilize productively.
h. Not to replace regular full-time or part-time employees with participants under this program.
i. Provide competent supervision, including adequate training, when the job requires the use of
equipment and/or procedures that are unfamiliar to the participant.
j. Abide by all pertinent Department of Labor Laws (Occupational Health and Safety [OHSA], Davis
Bacon Act, Child Labor Laws, etc.). The Employer agrees to contact the Employment Services
regarding any questions concerning specific tools or program requirements.
k. Report to Employment Services within 24 hours when the Employer terminates a participant and
document the reason(s) for the action. In the event of termination, Employer agrees to submit a
completed Attachment A for every employee subject to this agreement.
I. The Employer will complete the attached Work Supplementation Activity Invoice Form and follow
the procedures outlined on the Form for reimbursement. The Form is added hereto as Attachment
B and is hereby made a part of this Agreement. A separate Invoice will be completed on each
participant for each pay period and must be received within 5 working days from the end of the pay
period for the wages paid.
m. Treat all participants in the same manner as other employees of the Employer concerning such
issues as safety and job performance.
n. Immediately contact Employment Services regarding any difficulties the Employer may have
concerning the participant's performance, absence or tardiness, etc.
o. Participate in any follow-up, monitoring, and evaluation procedures conducted or endorsed by
Employment Services.
p. Not to do any of the following:
1) promote or deter union organizing
2) charge fees to participants under this Agreement
3) involve participants in sectarian activities
4) involve participants in lobbying activities
5) accept any kickbacks
6) have any conflict of interest under this Agreement, including nepotism
q. The employer shall strictly comply with all applicable federal and State laws, rules and regulations
in effect or hereafter established, including without limitation, laws applicable to discrimination,
confidentiality, and unfair employment practices.
r. The Employer may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
2. Provide full time employment to those participants who successfully complete training. In cases where
additional training is determined as being needed
a. The Employer understands that they are expected to continue to employ the participants unless
good cause for termination is demonstrated.
d. The Employer and Employment Services will determine if there is a need for additional training for
the participant through the performance results outlined in the Basic Work Skills Development
Report, and the participant's adherence to responsibilities under the Work Participation Agreement
between Employment Services and the participant.
C. Employment Services Responsibilities
1. Provide the Employer with an orientation session outlining the specific procedures and policies
Employment Services requires that the Employer follow.
2. Encourage participants to apply for available positions with the Employer and assess participants to
determine their jol readiness for positions with the Employer.
3. Refer, if available, the agreed upon number of participants to the Employer for employment.
4. Complete a Work Supplementation Participation Agreement that outlines programs expectations and
responsibilities with participants. The Work Supplementation Participant Agreement is attached hereto
and incorporated herein as Attachment C.
5. Provide the Employer a reimbursement of % of the participant's wages for a period of
weeks, excluding overtime pay. If overtime is acquired, the employer will be responsible for all over
time pay. The total compensation shall not exceed $ Employment Services shall not be liable
for any costs that exceed the agreed upon amount.
6. Assist the Employer, upon the Employer's request, in resolving any possible disputes with the
participant.
D. Assurances
1. The Employer 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. Weld County, The Board of County Commissioners of Weld County, and its officers and employees
shall not be held liable for injuries or damages caused by any acts or omissions of the Employer,
or its employees, including participants in this program, volunteers, or agents, while performing
Employer duties as described in this Agreement. The Employer shall indemnify, defend, and hold
harmless Weld County, and its officers and employees for any loss occasioned as a result of the
performance of this Agreement by the Employer, its employees, including participants in this program,
volunteers, and agents.
3. The Employer 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 Employer assures that it will comply with Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from
participation in, be cenied the benefits of, or be otherwise subjected to discrimination under this
approved Agreement.
5. The Employer agrees that the employees subject to this program are employees of Employer and not of
the County or any of its agencies.
E. Performance
Performance will be monitored as follows:
1. Retention rates of individuals placed in unsubsidized employment because of participation in the
programs measured by 3 month, 6 months, and 1 year follow-up of participants.
2. Recidivism rates of Colorado Works recipients returning to public assistance from unsubsidized
employment with the Employer.
F. Modification
This Agreement may be modified at any time by a written amendment signed by both parties.
G. Termination
This Agreement may be terminated at any time by either party giving 48 hour written notice. Upon
termination Employer must return a completed Attachment A for each employee subject to this agreement.
H. Term
The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall
continue through and until Contractor's completion of the responsibilities. This agreement will also
terminate when the funds designated are exhausted.
I. Fund Availability
Financial obligations of the County payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by
County does not create an obligation on the part of County to expend funds not otherwise appropriated in
each succeeding year. Further, the County shall not be responsible to pay out any amounts beyond those
allocated for this project. County is not liable for any conflict or dispute between the Employer and
employee once the agreed upon term of this contract has been completed.
J. Severability.
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court
of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the
extent that this Agreement is then capable of execution within the original intent of the parties.
K. Governmental Immunity.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
TN WITNESS THEREOF, the parties hereto have duly executed this Agreement as of the day, month, and
year first above written.
EMPLOYMENT SERVICES OF WELD COUNTY EMPLOYER
Judy Griego, Human Services Department Head Authorized Representative
Attachment A
COLORADO WORKS IN WELD COUNTY
BASIC WORK SKILLS DEVELOPMENT REPORT
NAME:
WORKSITE:
DATE REPORT PERIOD:
PERFORMANCE STANDARDS NOT MEETS NEEDS COMMENTS
MEASURED STANDARD IMPROVEMENT
1. Honesty and Integrity
-Chooses an ethical course of action
-Follows through on commitments
-Shows regard for possessions of
others
-Demonstrates high trust level
-Adheres to truth despite
consequences
2. Independent Worker
-Independently completes tasks with
minimum supervision/assistance
-Demonstrates self-starting behavior
-Recognizes and responds to
situations appropriately
-Identifies and solves problems
3. Self Management
-Demonstrates readiness to work
-Demonstrates initiative
-Demonstrates capacity for lifelong,
personal growth
-Assesses self accurately
-Sets personal goals and monitors
progress
-Exhibits self control
4. Responsible Job Behavior
& Positive Work Ethics
-Exerts a high level of effort and
perseverance toward goal attainment
-Works hard to achieve excellence by
establishing high standards
-Detail oriented
-Displays high attendance/
punctuality standards
-Willing to approach and complete
tasks
-Exercises good judgment and takes
responsibility for actions
-Meets goals within allotted time
frame
-Distinguishes effectively between
competing priorities
5. Completes Work
-Completes tasks accurately
and within given time frame
-Works to meet standards set by
employer
PERFORMANCE STANDARDS NOT MEETS NEEDS COMMENTS
MEASURED STANDARD IMPROVEMENT
6. Team Player
-Contributes to group effort through
cooperation and consensus
-Demonstrates value of team
members and encourages their input
-Promotes team atmosphere
-Accepts responsibility conferred by
team
-Demonstrates an understanding of
others through courtesy, adaptability and
empathy
-Receptive to change
7. Communicates Effectively
-Displays ability to receive and relay
information clearly and effectively
-Utilizes effective verbal and
nonverbal cues
-Organizes ideas and communicates
oral messages appropriate to listeners and
situations
-Selects appropriate medium for
conveying a message
-Understands and responds to
instruction
S. Effective Listener
-Appropriately responds to verbal
messages
-Follows verbal instruction
-Acknowledges verbal messages
-Asks for clarification if
message is unclear
-Conveys information accurately
9. Effective Speaker
-Clearly and effectively organizes
and presents ideas orally
-Participates in discussions and
conversations
-Articulates effectively
10. Demonstrates Basic Math Skills
-Adds, subtracts, multiplies and
divides using whole numbers
-Adds and subtracts using negative
and positive numbers
-Changes a number from one form to
another, using whole numbers, fractions,
decimals or percentages
-Approaches practical problems by
choosing appropriate mathematical
techniques
II. Demonstrates Basic Reading Skills
-Locates, understands, and interprets
written information in prose and in
documents such as manuals, graphs and
charts
PERFORMANCE STANDARDS NOT MEETS NEEDS COMMENTS
MEASURED STANDARD IMPROVEMENT
-Recognizes proper placement of a
step in a sequence of events
-Recognizes cause-effect
relationships
-Recognizes the application of
complex instructions involving
several steps to describe situation
-Based on context, identifies correct
meanings for words
12. Demonstrates Basic Writing
Skills
-Clearly organizes and effectively
presents ideas in writing
-Writes so that others understand
13. Demonstrates Ability to
Perform Basic in Various
Work Ambiences
-Accepts differences and works
well with individuals from diverse
backgrounds and/or divergent ideas
or philosophies
COMMENTS
TRAINEE DATE WORK SITE SUPERVISOR DATE
Attachment B
WORK SUPPLEMENTATION ACTIVITY
INVOICE NUMBER
EMPLOYEE/PARTICIPANT INFORMATION EMPLOYMENT INFORMATION
Employee/Participant's Name Employer Name
Social Security Number Address
Job Title and Hourly Wage Phone Number
Agreement period Start and End Identification Number
1. I request reimbursement for wages paid for the period of / / To /
2. Wage Reimbursement Information:
Total hours worked during pay period (include signed time sheet) x(wage per hour) $ x %_$
3. Reimbursement requested:
4. CERTIFICATION BY EMPLOYER AND WSP REPRESENTATIVE
I request reimbursement in the amount indicated. The Based upon my knowledge of the facts, the employer's
information given on this form is correct. I understand statements on this form are correct. Reimbursement to
that receipt of the requested funds for other than the the employer in the amount indicated is recommended.
purposes indicated constitutes fraud punishable under the
Penal Code of the United States.
Signature of Employer Date Signature of Participant Date
IF FINAL INVOICE, PELASE ENTER APPROPRIATE TERMINATION REASON CODE
TERMINATION REASON CODE:
01 Completed Program
Voluntary by Employee Involuntary Termination
02 Illness or Injury 06 Transportation Problems 10 Layoff(economic reasons)
03 No Reason Given 07 Type of Work 11 Excessive Absences
04 Other Employment 08 Excessive Overtime 12 Disruptive Behavior
05 Child Care Problems 09 Other 13 Substandard Skill Level
14 Other
Distribution:
Original -Employment Services of Weld County
Copy- Case Manager
Copy - Employer
Attachment C
WORK SUPPLEMENTATION ACTIVITY
PARTICIPATION AGREEMENT
PART I
Name
Case Name(Complete if different from above)
Address (Street Address) (City) State (Zip Code)
Phone Number
SSN
PROGRAM DESCRIPTION
The Work Supplementation Program is designed to help individuals receiving a TANF grant to become self-supporting
through employment.
Although the program does not guarantee employment,it is the expectation the employer will provide continued
employment. The activity is an additional opportunity to gain valuable work skills as well as additional referrals to
jobs.
The Employer involved in the project will interview and hire in accordance with their company's personnel practices.
Based upon wages received from employment,your TANF monthly grant amount may be adjusted or discontinued in
accordance with TANF eligibility requirements.
Medicaid eligibility will he determined in accordance with current regulations.
All work supplementation program employees/participants are considered TANF recipients for the purpose of child
support collections and disbursements.
RIGHTS AND RESPONSIBILITIES
As a Work Supplementation Activity employee/participant,my salary will not be less than the Federal minimum wage,
and I will receive the same benefits(i.e.,sick leave,vacations,health insurance,etc.)as other employees of my employer
which have the same status(i.e.,permanent,temporary,etc.)as I. I will be expected to perform work at my job as other
employees of my employer at the same level.
I must notify my case manager of any change in employment status,address,or telephone number as soon as I know of
such change.
If I have a complaint, I will follow my employer's complaint procedures. I also understand that my Case Manager at
Employment Services will provide me with additional information for complaints dealing with discrimination.
I have read the program description and the rights and responsibilities. I have also read,signed,and understand my
responsibilities as outlined in my Individual Responsibility Contract(IRC).
Employee/Participant Date
I have witnessed the WSP employee's/participant's signature and have given him/her a copy of this form. I have
verified that the above named individual is a recipient of TANF.
Case Manager Date
PART II
I have accepted Employment at to begin on
Date
Starting wage S per Agreement Duration through
mo/day/yr mo/day/yr
Employee/Participant Date
Esther Gesick
From: Robert J. Frick
Sent: Thursday, May 14, 2015 11:47 AM
To: Esther Gesick; Cecilia Moreno
Cc: Bob Choate; Linda Perez; Rafaela Martinez; Stephanie Frederick; Judy Griego; Rafaela
Martinez; Frank Haug
Subject: RE: SIGNATURE REVIEW: Work Supp Activity Agreement FORM
Attachments: 051115 Memo Com ES Work Supp Activity Agreement.doc; ES Work Supplementation
Activity Agreement.doc
All,
Both Frank and I have taken the time to review the revised Department's Employment Work Supplementation
Agreement Memorandum ("Memo") and the Employment and Training Program Work Supplementation Agreement
("Agreement"). Both are attached here.
There were two concerns to be noted:
1. Delegation of authority to enter into contracts from the Board to the Division Head of Employment Services.
2. The funding source and amount for this program.
The delegation of authority is acceptable so long as it is done knowingly and voluntarily by the Board. It is my
understanding that has been done in the past and works out logistically. The revised Memo paragraph 3 details that
further.
My questions as to funding source(s) have been sufficiently answered. There may or may not be further questions from
the Board. Don Warden was able to further answer our concerns.
As to the Agreement, there is one comment inquiring as to "Does this mean that we pay overtime?" The answer is No.
The Employer would be responsible for overtime pay.
Assuming the Board approves this process as anticipated, please contact the attorneys for any questions or needs as to
preparing individual contracts. The processing of these individual contracts is done outside of normal review process
and please err on the side of caution and engage the attorneys for review.
Approved.
Robert J. Frick, Esq.
Weld County Attorney
Department of Law
1150 "0" Street- P.O. Box 758
Greeley, CO 80632
(970)356-4000
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
1
COLORADO WORKS IN WELD COUNTY
EMPLOYMENT AND TRAINING PROGRAM
WORK SUPPLEMENTATION ACTIVITY AGREEMENT
THIS AGREEMENT is made and entered into this day of , 201 by and between the
Weld County Department of Human Services, on behalfEmployment Services of Weld County, by and
through the Board of County Commissioners, This Agreement is made this day of
, 20 b and between ,
^• �„+ �� ices ^ �' el Fount ', hereinafter referred to as "Employment Services," and
, [an individual], [a limited liability partnership] [a limited liability company] [a
corporation , wow ose a ress is , hereinafter
referred to as hereinafter referred to as "Employer."
WITNESSETH
WHEREAS, Employment Services provides the employment and training program for eligible recipients
of Temporary Assistance for Needy Families (TANF) under the Colorado Works in Weld County Program,
and
WHEREAS, Employment Services' goal is to assist eligible recipients in obtaining and retaining
unsubsidized employment; and
WHEREAS, the Employer desires to participate with Employment Services in a subsidized private sector
employment program specifically designed for recipients of TANF under Colorado Works in Weld County as
an employer, and to provide training in the needed skills for jobs with the Employer for those recipients; and
WHEREAS, the Employer and Employment Services desire to work together for the express purpose of
providing employment and training for participants under this program.
NOW THEREFORE, in consideration of the implementation of these goals,— and the mutual promises and
covenants contained herein, the parties hereby agree to the following:
A. Program Definitions
The goal of this Work Supplementation subsidized work activity is to support the Employer in employing
TANF recipients where they may not otherwise be able to do so with an anticipated outcome of full-time
paid employment. The Employer will provide a wage to a participant similar to that of any other regular
employee and Employment Services will provide a reimbursement of % of the wages for a period of
weeks, with a maximum payment of .
Only those participants who are recipients of TANF under the Colorado Works in Weld County program
are eligible for reimbursement under this agreement. Should a participant lose those benefits they will no
longer be eligible and Weld County will have no further obligation under this agreement.
Mentoring designed to help the participant acquire the requisite skills needed for continued employment,
as well as to resolve any job related issues or performance problems, and assist with the participant's
entrance into the work force will be provided by both the Employer and case management staff at
Employment Services.
B. Employer Responsibilities
1 . Provide for a minimum of three months of continuous full time employment for a participant to
achieve the requisite skills needed to retain un-subsidized employment. The Employer will provide
participants with wages that are comparable to other employees doing comparable work. The
Employer understands they are expected to continue to employ the participant after the end of the
agreed upon time period unless good cause prevents retention.
a. Commit to a forty-hour work week that provides for a combination of work and training.
b. Provide training in the job specific skills needed to perform the job and mentor recipients in work
ethics and employment retention skills for either continued employment with the Employer or
preparation for employment with another employer. Reinforce employer basic skills competency
through performance evaluations and/or counseling forms.
1) The Employer will provide training to participants specific to the job.
2) Evaluate the participant's performance a minimum of two times using the Colorado Works in
Weld County, Basic Work Skills Development Report and made a part of this Agreement as
Attachment A. In the event that the Employer terminates this agreement for any reason,
Employer is still obligated to provide a completed Attachment A for each employee who is
i subject to this program.
c. Furnish all equipment and materials as deemed reasonably necessary by the Employer to ensure the
continued accomplishment of program objectives.
d. Provide liability and worker's compensation insurance coverage for the participant to the same
extent as for other employees similarly employed.
e. Agree that the Employer is given the final decision in selecting the participant under the terms of
this Agreement.
f. Provide the same benefits including health insurance, sick leave, holidays, vacation, life insurance
and other benefits to the same extent as for other employees similarity employed.
g. Accept only the number of participants whom the Employer can utilize productively.
h. Not to replace regular full-time or part-time employees with participants under this program.
i. Provide competent supervision, including adequate training, when the job requires the use of
equipment and/or procedures that are unfamiliar to the participant.
j . Abide by all pertinent Department of Labor Laws (Occupational Health and Safety [OHSAJ, Davis
Bacon Act, Child Labor Laws, etc.). The Employer agrees to contact the Employment Services
regarding any questions concerning specific tools or program requirements.
k. Report to Employment Services within 24 hours when the Employer terminates a participant and
document the reason(s) for the action. In the event of termination, Emplo er agrees to submit a
completed Attachment A for every employee subject to this agreement. _ -- : : •:- - • _ - - = = =
1. The Employer will complete the attached Work Supplementation Activity Invoice Form and follow
the procedures outlined on the Form for reimbursement. The Form is added hereto as Attachment
B and is hereby made a part of this Agreement. A separate Invoice will be completed on each
participant for each pay period and must be received within 5 working days from the end of the pay
period for the wages paid.
m. Treat all participants in the same manner as other employees of the Employer concerning such
issues as safety and job performance.
n. Immediately contact Employment Services regarding any difficulties the Employer may have
concerning the participant's performance, absence or tardiness, etc.
o. Participate in any follow-up, monitoring, and evaluation procedures conducted or endorsed by
Employment Services.
p. Not to do any of the following:
1 ) promote or deter union organizing
2) charge fees to participants under this Agreement
3) involve participants in sectarian activities
4 involve participants in lobbying activities
5 accept any kickbacks
6 have any conflict of interest under this Agreement, including nepotism
q. The employer shall strictly comply with all applicable federal and State laws, rules and regulations
in effect or hereafter established, including without limitation, laws applicable to discrimination,
confidentiality, and unfair employment practices.
r. The Employer may not assign or transfer this Agreement or any interest therein or claim
thereunder, without the prior written approval of County.
2 . Provide full time employment to those participants who successfully complete training. In cases where
additional training is determined as being needed
a. The Employer understands that they are expected to continue to employ the participants unless
good cause for termination is demonstrated.
d. The Employer and Employment Services will determine if there is a need for additional training for
the participant through the performance results outlined in the Basic Work Skills Development
Report, and the participant's adherence to responsibilities under the Work Participation Agreement
between Employment Services and the participant.
C. Employment Services Responsibilities
1 . Provide the Employer with an orientation session outlining the specific procedures and policies
Employment Services requires that the Employer follow.
2. Encourage participants to apply for available positions with the Employer and assess participants to
determine their job readiness for positions with the Employer.
3. Refer, if available, the agreed upon number of participants to the Employer for employment.
4. Complete a Work Supplementation Participation Agreement that outlines programs expectations and
responsibilities with participants. The Work Supplementation Participant Agreement is attached hereto
and incorporated herein as Attachment C.
5 . Provide the Employer a reimbursement of % of the participant' s wages for a period of
weeks, excluding overtime pay. If overtime i cas quired, the employer will be responsible for all over
time pay. [FNH 1 ]The total compensation shall not exceed $ Employment Services shall not be
liable for any costs that exceed the agreed upon amount.
6. Assist the Employer, upon the Employer's request, in resolving any possible disputes with the
participant.
D. Assurances
1 . The Employer 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. Weld County, The Board of County Commissioners of Weld County, and its officers and employees
shall not be held liable for injuries or damages caused by any negligent acts or omissions of the
Employer, or its employees, including participants in this program., volunteers, or agents, while
performing Employer duties as described in this Agreement. The Employer shall indemnify, defend,
and hold harmless Weld County, and its officers and employees for any loss occasioned as a result of
the performance of this Agreement by the Employer, its employees, including participants in this
program, volunteers, and agents.
3. The Employer 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 Private Industry-
Council Workforce Development Board and the Board of County Commissioners of Weld County.
4. The Employer assures that it will comply with Title VI of the Civil Rights Act of 1986 and that no
person shall, on the grounds of race, creed, color, sex, or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under this
approved Agreement.
5. The Employer agrees that the employees subject to this program are employees of Employer and not of
the County or any of its agencies.
E. Performance
Performance will be monitored as follows:
1 . Retention rates of individuals placed in unsubsidized employment because of participation in the
programs measured by 3 month, 6 months, and 1 year follow-up of participants.
2. Recidivism rates of Colorado Works recipients returning to public assistance from unsubsidized
employment with the Employer.
F. Modification
This Agreement may be modified at any time by a written amendment signed by both parties.
G. Termination
This Agreement may be terminated at any time by either party giving 48 hour written notice. Upon
termination Employer must return a completed Attachment A for each employee subject to this agreement.
11 . Term
The term of this Agreement begins upon the date of the execution of this Agreement by County, and shall
continue through and until Contractor's completion of the responsibilities. This agreement will also -
terminate when the funds designated are exhausted.
I. Fund Availability
Financial obligations of the County payable after the current fiscal year are contingent upon funds for that
purpose being appropriated, budgeted and otherwise made available. Execution of this Agreement by
County does not create an obligation on the part of County to expend funds not otherwise appropriated in
each succeeding year. Further, the County shall not be responsible to pay out any amounts beyond those
allocated for this project. County is not liable for any conflict or dispute between the Employer and
employee once the agreed upon term of this contract has been completed.
J. Severability.
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceableor
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced
without such provision, to the extent that this Agreement is then capable of execution within the original
intent of the parties.
K. Governmental Immunity.
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of
any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental
Immunity Act §§24- 10- 101 et seq., as applicable now or hereafter amended.
IN WITNESS THEREOF, the parties hereto have duly executed this Agreement as of the day, month, and
year first above written.
EMPLOYMENT SERVICES OF WELD COUNTY EMPLOYER
Authorized RepresentativeLinda Perez, ESWC Division Head Authorized Representative
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