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HomeMy WebLinkAbout20143849.tiff RESOLUTION RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR THE DISTRIBUTION OF EMPLOYMENT FOCUSED FUNDS WITH THE NORTHEASTERN COUNTIES CONSORTIUM 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 Intergovernmental Agreement for the Distribution of Employment Focused Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Northeastern Consortium of Counties, commencing August 1, 2014, and ending June 30, 2015, with further terms and conditions being as stated in said intergovernmental agreement, and WHEREAS, after review, the Board deems it advisable to approve said intergovernmental 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 Intergovernmental Agreement for the Distribution of Employment Focused Funds between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Northeastern Consortium of Counties be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said intergovernmental agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of December, A.D., 2014, nunc pro tunc August 1, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,,COLORADO ATTEST: Jeida QV '' �•�.� ou•las ademacher, ir Weld County Clerk to the Bo- P• ' 1.. / arbara Kirkmeyer, P -Tem D p Clerk to the r ''��'�. � oil,•• '' jSean P. Conwaytut 11 as APPROVED AS TO FORM: Mike Freeman County Attorney EXCUSED William F. Garcia Date of signature: c29 l o/i.I/ 5 2014-3849 CC I HR0085 MEMORANDUM DATE: December 4, 2014 TO: Douglas Rademacher, Chair, Board of County Co is 'oners LCOUNTYI FROM: Judy A. Griego, Director, Human Servi s ep RE: Memorandum of Understanding on be f of the Northeastern Counties Consortium Enclosed for Board approval is a Memorandum of Understanding on behalf of the Northeastern Counties Consortium. This MOU was reviewed under the Board's Pass-Around Memorandum dated October 30, 2014, and approved for placement on the Board's Agenda. Weld County was recently approved to receive $329,366 as the Fiscal Representative of the Northeastern Counties Consortium for providing services under the Employment Focused Funding component of the Colorado Works 2014-15 Block Grant. This Memorandum of Understanding establishes the terms of the relationship between Weld County and the other member counties, in order to allow those counties to be reimbursed for services under the program and in order for Weld County to report those services and expenditures to the Colorado Department of Human Services (CDHS) for reimbursement. The term of this agreement is effective back to August 1, 2014, the date we submitted our Grant Application to CDHS, through June 30, 2015, the end of the current Fiscal Year. If you have any questions, please give me a call at extension 6510. 2014-3849 INTERGOVERNMENTAL AGREEMENT FOR THE DISTRIBUTION OF EMPLOYMENT FOCUSED FUNDS BETWEEN WELD COUNTY AND CHEYENNE, KIT CARSON, LOGAN MORGAN, PHILLIPS, SEDGWICK, WASHINGTON, AND YUMA COUNTIES. THIS AGREEMENT is made and entered into this /51-iday of 2 ec6E,<t -- , 2014, by and between the COUNTY OF WELD, COLORADO, by and through the Weld County Board of Commissioners (hereinafter"Weld"), and the Counties of Cheyenne, Kit Carson, Logan, Morgan, Phillips, Sedgwick, Washington, and Yuma, COLORADO, by and through their respective Boards of County Commissioners (hereinafter"Northeastern Counties") for the distribution of Employment Focused Funds. RECITALS WHEREAS, the parties, as the Northeastern Consortium, have collectively applied to the State of Colorado for Employment Focused Funds, and WHEREAS,the parties have received $329,366 in funding to be distributed, and WHEREAS, the parties agree that it is in their best interest to have to have Weld County act as the fiscal agent with regard to the distribution of the funds, and WHEREAS, Weld County and the Northeastern Counties are authorized to enter into this Agreement pursuant to § 29-1-203, C.R.S., Article II, § 2-3 of the Weld County Home Rule Charter, NOW, THEREFORE, in consideration of the following mutual agreements and covenants, Weld County and the Northeastern Counties hereby agree as follows: 1. Agreement. The terms of this Agreement are outlined below, and include the Grant Application for HB14-1335 Employment-Focused Programming Funding, dated August 1, 2014 and Dear Director Letter, dated October 20, 2014, which are attached and hereby incorporated by reference. 2. Description of Services. Weld County will function as the fiscal agent for the distribution of the Employment Focused Funds. The Northeastern Counties shall submit documentation of payment for qualified expenses to Weld County, either electronically or in hard copy, including evidence of payment, details regarding payment(Name and address of payee; amount paid, date paid, etc.), and basic information regarding clients served(Name, means of verification of eligibility for assistance). Weld County will then notify the State of Colorado of the request for reimbursement, and upon receipt shall forward the reimbursement to the appropriate Northeastern County. All transactions shall take place through the Weld County Accounting System (Banner Financial) and will be reported and tracked through the County Financial Management System (CFMS). All submissions must adhere to the requirements outlined in the Award Letter and Grant Application. Weld County is not responsible for expenses incurred that ,2o/9'- 3&y9 do not meet the State's requirements and are not reimbursed through the Employment Focused Funds. Each Northeastern County is responsible for providing sufficient documentation that the expense meets the qualifications of the State, and falls within the scope of the Employment Focused Funds Award. 3. Term: The Agreement becomes effective upon signature of the Weld County Board of County Commissioners. The Agreement is effective as to each county who has approved the Agreement, and it is not necessary that each county approve in order for the Agreement to be effective. If a County is not a signatory at the time the Agreement is approved by Weld County, that County shall not be a party to the Agreement. The grant period ends June 30, 2015. Eligible services are limited to those provided during the term of the Grant, which is August 1, 2014 through June 30, 2015. All submissions must be made prior to that date. The last reimbursements will be issued on July 31, 2015. 4. Termination: Each County has the right to terminate this agreement, with regard to itself, with or without cause, upon (30)thirty days written notice. Each County may be terminated, without notice, upon breach of this Agreement. in writingand 5. Modification: Any amendments or modifications to this agreement shall be made g signed by all parties. 6. Indemnity: Each County agrees to indemnify, defend, and hold each other County, its officers, employees, and agents, harmless from and against any and all claims, suits, expenses, damages, or any injury to persons, entities, or property arising from any and all acts, omissions, or failure to act during the provision of services by the County pursuant to this Agreement. 7. Non-Liability: The parties agree that in no event shall a County be liable due to any stoppage, delay, or any impairment in the provision of the services pursuant to this Agreement where such stoppage, delay, or impairment result from acts of God, fire, war, legal or equitable proceeding, or any other cause which is outside the control of the County. 8. Governmental Immunity: No portion of this Agreement shall be deemed a waiver, express or implied, of any immunities, rights, benefits, protections, or other provisions which a County, or its officers, employees, or agents, may possess pursuant to the Colorado Governmental Immunity Act § 24-10-101, et seq., C.R.S., as applicable now or hereafter amended. 9. Choice of Law/Venue/Compliance with Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. The proper venue for any action • regarding this agreement shall be Weld County. All parties agree to comply with any applicable federal, state, or local laws, rules, and regulations. 10. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this Agreement is for any reason held or decided to be invalid or unconstitutional, such a decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. If any County is terminated from this Agreement or fails approve this Agreement, the Agreement shall remain effective as to the other parties. 11. 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 relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give 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. 12. Confidentiality: Each County agrees to abide by the terms of C.R.S. 24-72-201, et seq. Each County shall be responsible for protecting the confidential information of its citizens, and shall follow commonly accepted procedures and standards for maintaining such confidentiality. 13. Employee Financial Interest/Conflict of Interest: The signatories to this Agreement aver that to their knowledge, no employee, officer, or agent of any included County has any personal, beneficial interest whatsoever in the distribution of the funds that are the subject matter of this Agreement. No member of a County employee, officer, or agent's immediate family shall benefit financially from this Agreement or the distribution of the available funds. 14. Allocation of Funds: The Funds will be allocated on a first come, first served basis. Each County is responsible for providing timely submission of appropriate documentation in order to receive reimbursement. Weld County will provide a monthly report as to the remaining amount of funds available. Each County is responsible for verifying the availability of the remaining funds. Weld County will not reimburse any County for expenses incurred beyond the Award amount. All compensation for expenses related to this Agreement shall come directly from the Employment Focused Funds Award. 15. Notice: Each County shall designate a representative, who shall make, within the scope of his or her authority,all necessary decisions with respect to this Agreement. This representative also shall serve as the contact point for communications regarding this Agreement. • I WITNESS WHERE 0F, the parties hereto have signed this Agreement this /5 - day of ATTEST: ddrifet) y Fes. BOARD OF COUNTY COMMISSIONERS Weld u ty erk to the B :.y ELD COUNTY, COLORADO BY: _ Deputy Cler to the B d ougla Rade cher, Chair DEC 1 5 2014 APPROVED AS TO FUNDING: APPROVED AS O SU TANCE: ) Controller EIe t d ffici I or Depa ent He APPROV AS T FOR IA Director of General Services County Attorney co/4- .34'/ S IN WITNESS WHEREOF,the parties hereto have signed this Agreement this :1S+14 day of lyu , 201 . MORGAN COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS MORG N COUNTY �COLO' ►0 BY: D,,pLLty Clerk to the Boaz C a' SEAL 0 • IN WITNESS WHEREOF, the parties hereto have signed this Agreement this .2l day of �,4U. , 201Y CHEYENNE COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS CHEYENNE yO TY, COLORADO BY: k- 1 � , Deputy Clerk to the Board Chair • • IN WIT ESS WHEREOF, the parties hereto have signed this Agreement this / day of , 2011 (',III 13. 58 WASHINGTON COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS WAS GTON COUNTY, COLORADO ,Ieputy Cleric- the Board Chair a of IN WITNESS WHEREOF, the parties hereto have signed this Agreement this �� — day V7 , 2014: KIT CARSON COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS KIT CARSON COUNTY, COLORADO BY: %// Th (;;;_e/b?,Li Deputy Clerk to the Board Chair a6,6 ' C SON n '•• , C 941 •4INID 411111. [ SEAL ** COLoRJ IN WITNESS WHEREOF, the parties hereto have signed this Agreement this a5♦S day of Solse.+nbLr , 201q SEDGWICK COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS ))‘&04,[16W- �1 ;/�� �� SEDGWICKC/OU/�NTY, COLORADO BY: l 1 . f'1(k�` /�- /5_.4 Deputy Cler o the Board air text, WITNESS WHEREJQF, the parties hereto have signed this Agreement this I day of eVN0 ( , 201 YUMA COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS YU COUNTY, COLOR O Clerk to the Board Chair IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 14th day of January, 2015. LOGAN COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS LOGAN COUNTY, COLORADO BY: '� �� % /,//L. / = 6� DPI AV/ela to the Board Chair, Rocky Samber ✓l��E �t�/�rl�� �RV!!D • IN WITNESS WHEREOF, the parties hereto have signed this Agreement thisc3O day of , 2015 PHILLIPS COUNTY: ATTEST: BOARD COUNT CON, ISSIONERS PHI W' COU T , COL O Deputy CIerk( the Board Chair COY.5 COLORADO co'caN NW -� Office of Economic Security Division of Emptapnent 6 Benefits Operations Section Director Judy Griego Northeast Consortium PO Box A Greeley, CO 80631 Dear Director Griego, This letter is to confirm an increase to your block grant for the purpose of your proposed "employment focused program" enhancement. The Works Allocation Committee decided to increase your County block grant by$329,366 in Federal-only funds to be used in the manner outlined in your proposal submitted to the Department. These funds should be used for the activities outlined in your proposal. If you deviate from the proposed activities or in any of your budget lines, you must notify the State. These special purpose funds are intended to be spent by June 30, 2015. The Federal TANF requirements and State fiscal rules apply. Any unspent funds will be treated like regular reserves subject to the TANF Reserve cap. Separate CFMS codes must be used to record/report these expenditures. All funds approved from this distribution must use these codes for Federal and State reporting purposes. They are attached to this correspondence. The Department will report to the WAC spending to date in March 2015 and again in June. The County must submit a narrative report no longer than 12 pages and no later than August 1, 2015 to the Department and the WAC describing how these funds were utilized and the employment outcomes achieved, as indicated on the County application. If you have any questions regarding the use of these funds,please contact Jessica Valand (iessica.valand@state.co.us). For any fiscal questions, please contact Luis Garcia (luism.garcia@state.co.us). Please sign below to acknowledge your receipt and your intent to comply and return by e-mail, to Luis Garcia,prior to expending these funds. Sincerely, nc � „ e Katie Griego, Acting Director Employment&Benefits Division e� i1 1575 Sherman Street,Denver,CO 80203 P 303.866.5700 www.cotorado.gov/cdhs � fir- . , �$ John W.Hickenlooper,Governor I Reggie Bicha,Executive Director 1?‘,•,;, "• v:'r l'•876`, Employment Focused Funds Northeast Consortium County has reviewed the requirements of the Employment Focused funding as outlined by the Works Allocation Committee and acknowledges the following: • The Employment Focused Funds allocation was determined by the Works Allocation Committee(WAC). • These funds are bound by all Federal TANF program requirements and State rules. • All expenditures will use the Special Purpose CFMS codes for reporting purposes. , • The County will provide a narrative report to the Department and the WAC by August 1, I 2015 indicating how funds were utilized and outcomes achieved. County Director Signature h'L 10pcY`f !ro Cpl R� R 1575 Sherman Street, Denver,CO 80203 P 303.866.5700 www.colorado.gov/cdhs I N; .'.i John W. Hickenlooper,Governor I Reggie Bicha,Executive Director *43. j:r+ Hello