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Home My WebLink About20232939.tiffAugust 6, 2025 Department of Human Services 970-352-1551 315 North 11th Avenue Greeley, CO 80631 To: Board of County Commissioners Re: Memorandum of Understanding for Service Delivery Agreements Amendment #1 between the Weld County Workforce Development Board, Employment Services of Weld County and the Larimer County Economic Workforce Development. Request Board approval and Chair signature of the Department's Memorandum of Understanding for Service Delivery Agreements Amendment #1 between the Weld County Workforce Development Board, Employment Services of Weld County and the Larimer County Economic and Workforce Development. This amendment is to update Terms as follows: CMS ID Tyler ID Provider Name Term 9815 2023-2939 Larimer County Economic and Workforce Development October 1, 2025, through September 30, 2028 Sincerely, Jamie Ulrich, Director ConSC11- Prfi16-ck- e c•. Oh1oac (Oi-tS) 7S/25 2oZ3-ZcicI H V-Opg5 AGREEMENT AMENDMENT BETWEEN WELD COUNTY WORKFORCE DEVELOPMENT BOARD, EMPLOYMENT SERVICES OF WELD COUNTY AND LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT This Agreement Amendment made and entered into Z day of 8 2025 by and between the Weld County Workforce Development Board, Board o eld County Commissioners, on behalf of Employment Services of Weld, and Larimer County Workforce Development, together referred to as the "Parties". WHEREAS the parties entered into an Agreement to provide Migrant Seasonal Farmworker and Foreign Labor Certification services, (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2023- 2939, approved on October 4, 2023. WHEREAS the parties hereby agree to amend the term of the Original Agreement in accordance with the terms of the Original Agreement and any previously adopted amendment, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on September 30, 2025. This Amendment, together with the Original Agreement, constitutes the entire understanding between the parties. The following additional changes are hereby made to the current Agreement as of October 1, 2025: 1. Paragraph I. Term: The Parties' performance under this MOU shall commence on the later of (a) October 1, 2025, or (b) the date this MOU becomes fully executed. This MOU shall remain in effect until September 30, 2028, unless previously terminated or updated by one of the Parties pursuant to the terms of this MOU. • All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. COUNTY: ATTEST' jdf4►:4 BY: Clerk to the Board BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Deputy Clerk to the : • - rd Buck, Chair AUG 2 5 2025 COUNTY WORKFORCE LOPMENT BOARD: Lisa Vacrglln By. - .. Lisa Vaughn, Board Chair Elect Date: 08/07/2025 LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT: Wig HArdiev Will Hardin, Business Operations and Accounting Manager Date: 08/08/2025 zoZ3-2939 SIGNATURE REQUESTED: Weld/Larimer County Economic Workforce Development Amend #1 Final Audit Report 2025-08-08 Created: 2025-08-07 By: Windy Luna (wtuna@weld.gov) Status: Signed Transaction ID: CBJCHBCAABAAmQRe15zIQMCDxO92x-eGC2hneZVZ3E52 "SIGNATURE REQUESTED: Weld/Larimer County Economic W orkforce Development Amend #1" History t Document created by Windy Luna (wluna@weld.gov) 2025-08-07 - 4:26:31 PM GMT- P address: 204.133.39.9 El Document emailed to lisavaughn@goldenaluminum.com for signature 2025-08-07 - 4:28:53 PM GMT e Email viewed by lisavaughn@goldenaluminum.com 2025-08-07 - 4:43:51 PM GMT- IP address: 4.4.244.146 b© Signer lisavaughn@goldenaluminum.com entered name at signing as Lisa Vaughn 2025-08-07 - 4:44:29 PM GMT- IP address: 4.4.244.146 4, Document e -signed by Lisa Vaughn (lisavaughn@goldenaluminum.com) Signature Date: 2025-08-07 - 4:44:31 PM GMT - Time Source: server- IP address: 4.4.244.146 Os Document emailed to johnstma@co.larimer.co.us for signature 2025-08-07 - 4:44:32 PM GMT t Email viewed by johnstma@co.larimer.co.us 2025-08-07 - 10:52:34 PM GMT- IP address: 66.102.6.228 2t Signer johnstma@co.larimer.co.us entered name at signing as Will Hardin 2025-08-08 - 5:54:40 PM GMT- IP address: 172.59.227.34 2i Document e -signed by Will Hardin (johnstma@co.larimer.co.us) Signature Date: 2025-08-08 - 5:54:42 PM GMT - Time Source: server- tP address: 172.59.227.34 Powered by Adobe Acrobat Sign ei Agreement completed. 2025-08-08 - 5:54:42 PM GMT Contract Form Entity Information Entity Name* LARIMER COUNTY Entity ID* @00001734 Contract Name* LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT MEMORANDUM OF UNDERSTANDING AMENDMENT #1 (MSFW) (WIOA) Contract Status CTB REVIEW Contract ID 9815 Contract Lead * WLUNA ❑ New Entity? Parent Contract ID 20232939 Requires Board Approval YES Contract Lead Email Department Project # wluna@weld.gov;cobbxxl k@weld.gov Contract Description* LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT MEMORANDUM OF UNDERSTANDING AMENDMENT #1 TO EXTEND TERM. UPDATED TERM DATE: OCTOBER 1, 2025 THROUGH SEPTEMBER 30, 2028. THIS IS A NON -FINANCIAL MOU. Contract Description 2 A MEMO WILL ROUTE WITH THIS ENTRY. Contract Type* Department Requested BOCC Agenda Due Date AMENDMENT HUMAN SERVICES Date* 08/14/2025 08/18/2025 Amount* Department Email $0.00 CM- Will a work session with BOCC be required?* HumanServices@weld.gov NO Renewable* YES Department Head Email Does Contract require Purchasing Dept. to be CM-HumanServices- included? Automatic Renewal DeptHead@weld.gov Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date* 07/31/2028 Renewal Date* 10/01/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/11/2025 08/13/2025 08/21/2025 Final Approval BOCC Approved Tyler Ref # AG 082525 BOCC Signed Date Originator WLUNA BOCC Agenda Date 08/25/2025 RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS PURSUANT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) PROGRAM FOR MIGRANT SEASONAL FARMWORKER (MSFW) PROGRAM, 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 a Memorandum of Understanding for Service Delivery Agreements Pursuant to the Workforce Innovation and Opportunity Act (WIOA) Program for the Migrant Seasonal Farmworker (MSFW) Program among 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, Weld County Workforce Development Board, Employment Services of Weld County, and Larimer County Economic and Workforce Development (LCEWD), commencing October 1, 2023, and ending September 30, 2025, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding for Service Delivery Agreements Pursuant to the Workforce Innovation and Opportunity Act (WIOA) Program for the Migrant Seasonal Farmworker (MSFW) Program among 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, Weld County Workforce Development Board, Employment Services of Weld County, and Larimer County Economic and Workforce Development (LCEWD), be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. cc; I-ISD 10/13/23 2023-2939 HR0095 MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS PURSUANT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) PROGRAM FOR MIGRANT SEASONAL FARMWORKER (MSFW) PROGRAM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D., 2023, nunc pro tunc October 1, 2023. ATTEST: ddtiudsjC(•el Weld County Clerk�to the Board 114 OCiA,v171.1_ Deputy Clerk to the Board APP:: ED A -n • RM: hty : rney Date of signature: t01'! 23 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (raja (ra G-man, Chair Perry . Buc ro-Tem 2023-2939 HR0095 Cun-114AO- l Dtk 14/Act BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Memorandum of Understanding (MOU) between Weld County Workforce Development Board (WCWDB), Employment Services of Weld County (ESWC) and Larimer County Economic and Workforce Development (LCEWD) for the Migrant Seasonal Farmworker (MSFW) Program. DEPARTMENT: Human Services DATE September 26, 2023 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The Weld County Workforce Development Board (WCWDB), Employment Services of Weld County (ESWC) is requesting to enter into a MOU with Larimer County Economic and Workforce Development (LCEWD) for the Migrant Seasonal Farmworker (MSFW) Program. This MOU outlines the delivery of services and activities, including the coordination of delivery and the referral of customers under the Workforce Innovation and Opportunity Act (WIOA) Section 167(d) and identifies the authorized activities that may be carried out by Weld County in the Larimer County area. What options exist for the Board? Approval of the MOU between WCWDB, ESWC and LCEWD for the MSFW Program. Deny approval of the MOU between WCWDB, ESWC and LCEWD for the MSFW Program. Consequences: There would not be an MOU between WCWDB, ESWC and LCEWD for the MSFW Program for the delivery of services and activities, including the coordination of delivery and the referral of customers. Impacts: Collaboration between WCWDB, ESCW and LCEWD for the MSFW Program would not be approved and activities would not be carried out by the parties to this MOU. Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): LCEWD will pay ESWC $300.00 per physical visit for MSFW program Foreign Labor Certifications which include staffing costs for inspections, data entry, and travel reimbursement. Recommendation: • Approval of the MOU and authorize the Chair to sign electronically. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine rn Pass -Around Memorandum; September 26, 2023 - CMS ID TBD /� Cc.:Onbas-e HSO tolosla3 2023-2939 H PONS Weld County Workforce Development Board MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS Between Weld County Workforce Development Board, Employment Services of Weld County And Larimer County Economic and Workforce Development PURSUANT TO THE WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) PARTIES AND PURPOSE This Memorandum of Understanding (`MOU') is made by and between the Weld County Workforce Development Board, Employment Services of Weld County, Larimer County Economic and Workforce Development, (together the 'Parties'). The Weld County Workforce Board (WCWDB) has designated the Employment Services of Weld County (ESWC) Workforce Center as the one -stop center for the federally designated local area(s) of the Upstate Region. WHEREAS, WIOA Section 167 identifies the Migrant and Seasonal Farmworker Program (MSFW) and eligible entities as a National Program, the State of Colorado has deemed Weld County a significant office to carry out the services and activities described in WIOA Section 167 (d). NOW THEREFORE, this MOU identifies (1) the duration of the MOU as well as the procedures for amending it during the term or period covered by the MOU, (2) the specific services and activities provided by Weld County, (3) the procedures used to refer individuals to Weld County for the provision of appropriate services and activities, and (4) the method by which the cost of these services will be allocated. I. TERM The Parties' performance under this MOU shall commence on the later of (a) October 1, 2023, or (b) the date this MOU becomes fully executed (the `Effective Date'). This MOU shall remain in effect until September 30, 2025, unless previously terminated or updated by one of the Parties pursuant to the terms of this MOU. II. SCOPE This MOU is entered into by and between the Parties for the delivery of services and activities, including the coordination of delivery and the referral of customers. WIOA §167(d) identifies the authorized activities that may be carried out by Weld County in the Larimer County area. A. Authorized Activities: Exhibit A hereto sets forth the specific services and activities that Weld County will provide. Exhibit A is attached hereto and incorporated herein by reference as if fully set forth herein. Beginning on the Effective Date and continuing throughout the term of this MOU, the Parties agree to work collaboratively to carry out the provisions of WIOA and this MOU and to provide the services and activities set forth in its signed Exhibit A. Each Party agrees (1) to promptly notify the other Parties if, for any reason, the Party fails to provide or is unable to provide the services and activities set forth in its signed Exhibit A and (2) to amend its Exhibit A in accordance with this MOU if, for any reason, Exhibit A no longer accurately or completely describes the services and activities provided by the Parties. B. Service Delivery Cost 1) Negotiation of the Service Delivery ,a,2,5 -02? 3 9 The service delivery cost methodology must be decided by consensus agreement among the Parties. The Parties agree to participate in good faith in the negotiation of the methodology. At a minimum, the negotiation should (a) specify the effective time period; (b) identify the Parties participating in the service delivery cost; and (c) establish a process by which the Parties will reconcile the Total Costs at least once per quarter throughout the term of the MOU. Upon agreement, the service delivery cost shall be incorporated as a legally binding component of this MOU as if fully set forth herein, and shall be attached hereto and incorporated herein as Exhibit B. The Parties agree that (a) the Total Costs will be calculated using actual cost data, where possible, or reasonable cost estimates, where actual data is not available; (b) the cost data or estimates underlying the calculation will be disclosed to the Partners; and (c) in negotiating the service delivery cost, the Parties will comply with both the letter and the spirit of the WIOA law, regulations, and Office of Management and Budget Circulars. III. PROVISIONS A. Termination of MOU 1) Any Party wishing to terminate this MOU must provide written notice, by certified mail, return receipt requested, stating its intent to terminate to the other Parties at least thirty (30) days prior to the effective date of termination of the MOU. All rights and obligations of the Parties under this MOU shall cease on the effective date of such termination, with the sole exception of any liabilities which the Parties may have incurred and the Parties' confidentiality obligations under Paragraph IV.B. (a) A Partner of this MOU that subsequently loses federal funding or the authority to administer the federal program in the Area and therefore no longer qualifies must send written notice of the change in status to all the Parties as soon as possible. In such an event, a formal amendment to this MOU per Paragraph B of this Article will be required. B. Modifications and Amendments 1) Except as specifically provided in this MOU, modifications of this MOU shall not be effective unless agreed to in writing by the Parties in an amendment to this MOU, properly executed and approved in accordance with applicable state and local laws, rules, and policies. 2) In accordance with 20 CFR 678.500(d) the Parties agree to review the terms of this MOU not less than every two (2) years following the Effective Date to reflect any changes in the delivery of services, signatory official of the Parties, or funding. Each Party to this agreement shall inform the other of any such changes until such time the agreement is modified in accordance with Section III.B(1) above. Should the need arise, the Parties may review the MOU on a more frequent basis and if substantial changes have occurred, amend the MOU to ensure appropriate funding and delivery of services. Weld County shall initiate and oversee periodic review(s). 3) The Parties may modify an exhibit attached to this MOU without written amendment to the MOU; provided, however, that no such modification to an exhibit shall result in or be binding on the Parties if the modification requires an increase to the total service delivery cost as set forth in Exhibit B. Any modification to an exhibit agreed to by the parties that requires an increase in the total service delivery cost shall be evidenced by a written amendment to this MOU prepared and executed by both parties in accordance with Section III.B.(1) above. The parties shall, in each instance, memorialize in writing all modifications to an exhibit by revising and restating that exhibit and referencing the contract control numbers, if any, for this MOU. A proposed modification to an exhibit will be effective only when it has been approved in writing by the authorized representatives of the Parties, approved as to form by each Party's legal counsel. Each modified Exhibit shall contain the date upon which the modified exhibit shall take effect. C. Appropriations/Funding 1) All cost agreements set forth in Exhibit B or elsewhere in this MOU are subject to all federal laws, rules, regulations, Office of Management and Budget Circulars, and guidance governing the specific program or activities for which cost is required under WIOA. All obligations of the Parties under this MOU for cost arrangements, whether in whole or in part, are subject to and contingent upon the continuing availability of federal funds authorizing the program or activity required under WIOA and shall extend only to funds appropriated annually by the State of Colorado or the County, paid into its Treasury, and encumbered for the purpose of this MOU. 2) In the event that federal funds, or any part thereof, are not awarded to a Party for a program or activity required under WIOA or are reduced or eliminated by the federal government, the Parties may modify Exhibit B, in accordance with Section III.B., or the Party whose program or activity was not funded or was reduced or eliminated may terminate this MOU in accordance with Section III.A. 3) The Parties shall have no obligation under this MOU to provide any other monies or financial support of any kind or nature to operate or maintain the Migrant Seasonal Farmworker Program. If any such obligation is asserted against a Party, any resulting obligation shall extend only to federal funds received and budgeted for this MOU, appropriated annually, paid into the Treasury of the Party, and encumbered for the purpose of the MOU, if required. 4) None of the Parties, by this MOU, irrevocably pledges present case reserves for payments in future fiscal years. The MOU does not and is not intended to create a multiple -fiscal year direct or indirect debt or financial obligation for any Party. IV. ADDITIONAL PROVISIONS A. Record Maintenance and Inspection: Each Party shall make, keep and maintain a complete file of all records, documents, communications, notes and other written materials, and electronic media files, pertaining in any manner to the performance of this MOU until the later to occur of: (i) a period of three (3) years after the date this MOU expires or is earlier terminated, or (ii) the resolution of any pending disputes arising out of or relating to this MOU or the Parties' rights and obligations hereunder. This section shall be deemed to supplement and not replace any additional record maintenance and inspection requirements that a Party's funding authority or program may be bound by. All Parties shall continue to adhere to such other record maintenance and inspection requirements in addition to those set forth in this section. B. Confidentiality and Data Sharing: The Parties will have access to and contribute to information and materials of a highly sensitive nature, including confidential information. During the term of this MOU and at all times thereafter, Parties shall not collect, use or disclose any confidential information except to the extent such use or disclosure is necessary in the performance of this MOU. In accordance with but not limited to 20 CFR Part 603, 45 CFR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR 361.38, as well as applicable state and federal law, rules, regulations, and waivers, all Parties shall actively secure and share confidential participant information and records, to the extent not prohibited by Federal law, state law, this MOU, and its exhibits and any other agreement to share data. Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all these requirements. C. Dispute Resolution: If Parties disagree on the implementation of this MOU or the performance of services hereunder, the Parties or their representatives will attempt to resolve their disagreement through negotiation. If the Parties cannot reach a resolution through this negotiation, the WCWDB will attempt to resolve the differences with the assistance of the Larimer County Workforce Development Board. If the Parties' disagreements cannot be resolved at this level, either party may have the option to terminate this MOU immediately. D. Entire MOU: The Parties recognize and agree that no Party has made or authorized any understanding beyond that expressly set forth in the MOU, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, or its agents or employees, hereto. This MOU embodies the entire agreement between the Parties referring to the subject matter between the Parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof than as contained herein. E. Severability: Should any other provisions of this MOU be held to be invalid or unenforceable, then the balance of the MOU shall be held to be in full force and effect as though the invalid portion was not included; provided, however, that should the Party or Parties who would receive the benefits of the provision, were it not invalid or unenforceable, shall have the option to terminate this MOU, forthwith. F. Independent Contractor: The Parties recognize and agree that each Party is an independent contractor for all purposes, both legal and practical, in performing services under this MOU, and that each Party and its agents and employees are not agents or employees of the other Party for any purpose. As an independent contractor, each Party shall be responsible for employing and directing their own personnel and agents as is required to perform the services provided pursuant to this MOU and shall exercise complete authority over its own personnel and agents, and shall be fully responsible for their actions. Each Party acknowledges that their agents and employees are not agents or employees of the other Party, for any purpose. Nothing in this MOU will be construed to make one Party an employee, franchisee, joint venturer, agent or Partner, of the other Party. No Party will represent itself to have any authority to bind any other Party to act on its behalf, except as expressly set forth herein. No Party will have the right to represent itself as having the authority to pledge the other Party's creditor extend credit in the other Party's name. No Party will have the right to execute any agreements in the other Party's name, or to bind the other Party in any way. The Parties acknowledge that they are not entitled to unemployment benefits or workers compensation benefits from the other Party, its elected officials, agents, or any program administered or funded by the other Party. The Parties shall be entitled to unemployment coverage or workers compensation insurance only if unemployment compensation coverage or workers compensation coverage is provided by that Party's Program or some other entity that is not a Party to this MOU. G. Third Party Indemnification: To the extent permitted by law, each Party shall defend, indemnify and hold harmless the State and its officers and employees from any and all claims, liabilities or penalties suffered by the State or its officers and employees, and any and all claims, liabilities or penalties asserted against the State or its officers and employees, by or on behalf of any person, on account of, based on or resulting from, or arising out of (or claimed to have arisen out of) the acts or omissions of the Non -State Party. Notwithstanding the foregoing, nothing herein shall be deemed to constitute a waiver of the State's or any governmental entity's sovereign immunity, which immunity is hereby reserved to the State or other governmental entity which is a Party to this MOU. H. Governmental Immunity: Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, institutions, agencies, boards, commissions, committees, bureaus, offices, officials, and employees shall be controlled and limited by the provisions of the Governmental Immunity Act § 24-10-101, et seq.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the risk management statutes, C.R.S. § § 24- 30-1501, et seq., as amended. Third -Party Beneficiary: The enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any non -Party. It is the express intent of the Parties to this MOU that any person receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. J. Assignment: The Parties' rights and obligations hereunder are personal and may not be transferred, assigned, or subcontracted without the prior written consent of the WCWDB. Any attempt at assignment, transfer, or subcontracting without the written consent of the WCWDB shall be void. K. Compliance with Law: The Parties shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws, rules, and regulations applicable to discrimination and unfair employment practices. Any changes to such laws are deemed to have been incorporated into this MOU as of the date such changes take effect. L. Breach: No waiver of any breach of this MOU shall be held to be a waiver of any other or subsequent breach. All remedies afforded under this MOU shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. M. Notices: For all notices required to be provided under this MOU, all such notices shall be in writing, and shall be either sent by certified mail, return receipt requested, or hand -delivered to the following representatives of the Parties at the following addresses. The Parties may designate in writing a new or substitute representative. For Party 1: Board Chair Weld County Workforce Development Board c/o Ruth DeBoer 315 North 11th Avenue, Building B PO Box 1805 Greeley, CO 80632-1805 For Party 2: Karina Amaya-Ragland Workforce Director Employment Services of Weld County 315 North 11th Avenue, Building B Greeley, CO 80631 For Party 3: Mark Johnston Interim Director Larimer County Economic and Workforce Development 200 West Oak Street Fort Collins, CO 80521 N. Ownership of Materials and Information: Unless otherwise provided for in this MOU, the Parties agree that all material, information, data, computer software, documentation, studies, and evaluations produced by the State in the performance of this MOU are the sole property of the State. O. Conflict of Interest: Each Party acknowledges that with respect to this MOU, even the appearance of a conflict of interest is harmful to the Party's interests. Each Party shall refrain from any practices, activities, or relationships that reasonably may appear to be in conflict with the full performance of such Party's obligations under this MOU. P. Authorization: Each person signing this MOU represents and warrants that he or she is duly authorized to execute this MOU. Each Party represents and warrants to the other Parties that the execution and delivery of this MOU and the performance of such Party's obligations have been duly authorized. If requested, each Party agrees to provide proof of such authority within fifteen (15) days of receiving such request. Q. Counterparts: This MOU may be executed in multiple identical original counterparts, all of which shall constitute one agreement. R. Notice of Pending Litigation: Each Party shall notify the other Parties, in writing, within five (5) business days after being served with a summons, complaint or other pleading filed in any federal or state court or administrative agency that involves services provided under this MOU or is otherwise related to this MOU. S. CORA Disclosure: To the extent not prohibited by federal law, this MOU and its exhibits are subject to public release through the Colorado Open Records Act, C.R.S. § 24-71-101, et seq. This MOU is not intended to supersede the Parties' obligations under CORA. T. Choice of Law: Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this MOU. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this MOU, to the extent capable of execution. U. Fund Availability: CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. V. Employee Financial Interest/Conflict of Interest: CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee has any personal or beneficial interest whatsoever in the service or property described in this contract. Weld County has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of services and activities and Weld County shall not employ any person having such known interests. W. Digital Signatures: If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this MOU by reference. V. LAW, ASSURANCES and CERTIFICATIONS A. The Parties shall comply with all applicable laws, executive orders, ordinances, rules, regulations, policies, and procedures prescribed by the City/County, the State of Colorado, and the United States Government, including the following provisions: 1) Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule, published December 2, 2016), 2) Title VII of the Civil Rights Act of 1964 (Public Law 88-352), 3) Section 504 of the Rehabilitation Act of 1973, as amended, 4) Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 24 CFR Part 99) 5) The Americans with Disabilities Act of 1990 (Public Law 101-336), 6) Priority of service for veterans in U.S. Department of Labor funded programs (38 U.S.C. § 4215) 7) Training and Employment Guidance Letter (TEGL) 37-14, Update on Complying with Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce Development System and other guidance related to implementing WIOA Section 188, 8) The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part 99), 9) Confidentiality requirements governing the protection and use of personal information held by the VR agency (34 CFR 361.38), 10) The confidentiality requirements governing the use of confidential information held by the State UI agency (20 CFR part 603), 11) Title IX of the Education Amendments Act of 1972 (20 U.S.C. §1681), 12) All amendments to each, and 13) All requirements imposed by the regulations issued pursuant to these acts. The above provisions require, in part, that no persons in the United States shall, on the grounds of race, color, national origin, sex, sexual orientation, gender identity and/or expression, age, disability, political beliefs or religion be excluded from participation in, or denied, any aid, care, services or other benefits provided by federal and/or state funding, or otherwise be subjected to discrimination. B. Additionally, as applicable, all Parties shall: 1) Agree that the provisions contained herein are made subject to all applicable federal and state laws, implementing regulations, and guidelines imposed on any or all Parties relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers, and 2) Agree that all equipment and furniture purchased by any Party for purposes described herein shall remain the property of the purchaser after the termination of this Agreement. C. Drug and Alcohol -free Workplace All Parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR Part 182 which require that all organizations receiving grants from any Federal agency maintain a drug -free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94. D. Certification Regarding Lobbying All Parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352), 29 C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The Parties shall not lobby federal entities using federal funds and will disclose lobbying activities as required by law and regulations. E. Debarment and Suspension All Parties shall comply with the debarment and suspension requirements (E.0.12549 and 12689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485. F. Salary Compensation and Bonus Limitations Each Party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109-234, Public Laws 114-113 (Division H, title I, Section 105) and WIOA § 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level II. G. Nondiscrimination and Equal Opportunity Provision As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the grant recipient assures that it has the ability to comply with the nondiscrimination and equal opportunity provisions of the following laws and will remain in compliance for the duration of the award of federal financial assistance: • Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I -financially assisted program or activity; Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin; Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The grant applicant also assures that, as a recipient of WIOA Title I financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the grant applicant's operation of the WIOA Title I -financially assisted program or activity, and to all agreements the grant applicant makes to carry out the WIOA Title I -financially assisted program or activity. The grant applicant understands that the United States has the right to seek judicial enforcement of this assurance. IN WITNESS, WHEREOF the Parties hereto have duly executed this MOU as of the latest day, month and year written below. ATTEST: Sep 27, 2023 Bill Johnson, Chair Weld County Workforce Development Board Mike Freeman, Chair Board of County Commissioners Weld County, Colorado Manly Johnston Mark Johnston (Sep 27, 2023 10:43 MDT) Date 0CT 0 4 2023 Date Sep 27, 2023 Mark Johnston, Interim Director Date Larimer County Economic and Workforce Development 220,23 - 02109 Exhibit A — Scope of Services Employment Services of Weld County Name of Partner: Address, City, State, Zip Code: Telephone Number: Website: E -Mail Address: Larimer County Economic and Workforce Development 200 West Oak Street, Fort Collins, CO 80521 (9701498-6602 (Wendy Horst) https://www.larimer.orq/ewd WFC-Fiscalco.larimer.co.us Scope of Services Migrant Seasonal Farmworker and Foreign Labor Certification services will be provided by Employment Services of Weld County to Larimer County Economic and Workforce Development as outlined below. I. Service Delivery Employment Services of Weld County will fulfill the Service Delivery of Migrant Seasonal Farmworker and Foreign Labor Certification requirements through: Staff time: Preparation of paperwork for the housing inspection; providing documents to the employer. b. Housing inspections: i. Perform physical and/or a virtual inspection on housing units listed on the Employment and Training Administration (ETA) 790 form using ETA or Occupational Safety and Health Administration (OSHA) regulations. ii. If needed, follow up and re -inspection after correction of deficiencies. iii. Mileage. iv. Completion of the housing inspection paperwork to include the issuance of the certification to the employer and the Colorado Department of Labor and Employment (CDLE). c. Communication with CDLE (compliance and monitoring). II. Referrals Referrals for services will be coordinated by the Colorado Department of Labor and Employment, in electronic communication to Larimer County Economic and Workforce Development, and Employment Services of Weld County. Referrals are made to Claudia Cabral, Migrant Seasonal Farmworker Advisor, cabralcei0iweld.sov. Additional communications can be sent to Josefina Marquez, Employment Registration Supervisor, marqueix(c�weld.gov. Exhibit B — Funding Agreement Employment Services of Weld County Name of Partner: Address, City, State, Zip Code: Telephone Number: Website: E -Mail Address: Larimer County Economic and Workforce Development 200 West Oak Street, Fort Collins, CO 80521 (970) 498-6602 (Wendy Horst) https://www.larimer.orq/ewd WFC-Fiscale,co.larimer.co.us Funding Agreement Funding provided by Larimer County Economic and Workforce Development to Employment Services of Weld County is subject to the below terms. I. Service Delivery Costs Service Delivery costs are necessary for the general operation of the Migrant Seasonal Farmworker Program and Foreign Labor Certification. The Service Delivery costs include the following, agreed upon line items: a. Staffing costs for inspections. b. Staffing costs for data entry. c. Travel reimbursement. II. Additional Costs Non -applicable III. Payment and Reconciliation The total cost of $300.00 per physical visit will be paid to Employment Services of Weld County. It is understood that, while not customary, it is sometimes necessary that a specific housing inspection may require more than one physical visit. As an example, LCEWD will pay the set rate of $300 per physical visit so, if a particular housing inspection requires two visits, then LCEWD will be billed $600 for the completed housing inspection. Weld County will bill LCEWD monthly (as justified by housing inspection activity). Invoices shall be emailed to the LCEWD Fiscal Team (WFC-Fiscal@co.larimer.co.us) by the end of each respective month. Invoices received by the end of the prior month will be paid by the 15th of each month. IV. Certification This is to certify that all costs included in this exhibit are allowable and in accordance with the requirements of the federal awards to which they apply and 2 CFR 200 (Uniform Guidance), Cost Principles for State and Local Governments. All costs included in this exhibit are properly allocable to federal awards on the basis of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have Exhibit B — Funding Agreement Employment Services of Weld County been accounted for consistently and notification will be provided regarding any accounting changes that would affect the proposal materially. I certify that this is true and correct to the best of my knowledge. awe Sep 27, 2023 Bill Johnson, Chair Date Weld County Workforce Development Board Ma -k Johnston Mark Johnston (Sep 27, 2023 10:43 MDT) Sep 27, 2023 Mark Johnston, Interim Director Date Larimer County Economic and Workforce Development SIGNATURE REQUESTED: Weld/Larimer County MSFW MOU Final Audit Report 2023-09-27 Created: 2023-09-26 By: Windy Luna (wiuna@co.weld.co.us) Status: Signed Transaction ID: CBJCHBCAABAAxgyujiJCggX1vCRbyNgmbwwctaUcHdXw "SIGNATURE REQUESTED: Weld/Larimer County MSFW MOU rr History 5 Document created by Windy Luna (wluna@co.weld.co.us) 2023-09-26 - 2:03:54 PM GMT Ley Document emailed to Bill Johnson (bjohnson@weldcountygarage.com) for signature 2023-09-26 - 2:13:15 PM GMT 5 Email viewed by Bill Johnson (bjohnson@weldcountygarage.com) 2023-09-27 - 3:47:10 AM GMT the Document e -signed by Bill Johnson (bjohnson@weldcountygarage.com) Signature Date: 2023-09-27 - 1:29:38 PM GMT - Time Source: server El Document emailed to johnstma@co.larimer.co.us for signature 2023-09-27 - 1:29:39 PM GMT 5 Email viewed byjohnstma@co.larimer.co.us 2023-09-27 - 4:06:47 PM GMT 6e Signer johnstma@co.larimer.co.us entered name at signing as Mark Johnston 2023-09-27 - 4:43:19 PM GMT 6e Document e -signed by Mark Johnston (johnstma@co.larimer.co.us) Signature Date: 2023-09-27 - 4:43:21 PM GMT - Time Source: server 0 Agreement completed. 2023-09-27 - 4:43:21 PM GMT Powered by Adobe Acrobat Sign Contract For Entity Information Entity Name * LARIMER COUNTY Entity ID* @00001734 Contract Name" Contract ID LARIMER COUNTY ECONOMIC AND WORKFORCE 7449 DEVELOPMENT MEMORANDUM OF UNDERSTANDING (MSFW) (WIOA) Contract Lead * WLUNA Contract Status CTB REVIEW Q New Entity? Contract Lead Email wluna@weldgov.com;cob bxxlk@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description * EMPLOYMENT SERVICES OF WELD COUNTY AND LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT MEMORANDUM OF UNDERSTANDING (WIOA) FOR THE MIGRANT SEASONAL FARM WORKER (MSFW) PROGRAM. TERM: OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2025. Contract Description 2 PA PRESENTED TO THE BOCC 09/26/2023 AND WILL BE UPLOADED WITH THIS MOU. Contract Type * AGREEMENT Amount* $0.00 Renewable * YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 10/07/2023 10/11/2023 Department Email CM- HumanServices@weldgov. com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date 08/01/2024 Renewal Date 10/01/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 09/28/2023 09/28/2023 09/28/2023 Final Approval BOCC Approved Tyler Ref # AG 100423 BOCC Signed Date Originator WLUNA BOCC Agenda Date 10/04/2023 Cheryl Hoffman From: Sent: To: Subject: Follow Up Flag: Flag Status: noreply@weldgov.com Tuesday, August 27, 2024 2:56 PM CM-ClerktoBoard; Windy Luna; Lesley Cobb; CM-HumanServices-DeptHead Fast Tracked Contract ID (8671) Follow up Flagged Contract # 8671 has been Fast Tracked to CM -Contract Maintenance. You will be notified in the future based on the Contract information below: Entity Name: LARIMER COUNTY Contract Name: LARIMER COUNTY ECONOMIC AND WORKFORCE DEVELOPMENT MEMORANDUM OF UNDERSTANDING (MSFW) (WIOA) Contract Amount: $0.00 Contract ID: 8671 Contract Lead: WLUNA Department: HUMAN SERVICES _ Review Date: 6/30/2025 Renewable Contract: NO Renew Date: Expiration Date:9/30/2025 Tyler Ref #: 20232939 Thank -you /"D oZ0,1.8— Z c3? Cheryl Hoffman From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Good afternoon CTB, FAST TRACK ITEM: Windy Luna Tuesday, August 27, 2024 2:52 PM Cheryl Hoffman; Houstan Aragon CTB; HS -Contract Management FAST TRACK - Larimer County MSFW MOU - CMS 8671 _Larimer County MSFW MOU Full (e).pdf; No changes 082624.pdf Follow up Flagged Attached please find the Larimer County Economic Workforce Development Board (MSFW) MOU, Tyler ID# 2023-2939. This plan is valid until September 30, 2025. There are no changes that are being requested to this MOU. This is being Fast Tracked in CMS for tracking purposes only and is CMS 8671. Thank you, Windy Luna Contract Administrative Coordinator Weld County Dept. of Human Services Contract Management Team 315 N. 11th Ave., Bldg A PO Box A Greeley, CO 80632 (970) 400-6544 wluna@weld.gov 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 protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Hello