HomeMy WebLinkAbout20232727.tiffRESOLUTION
RE: APPROVE REVISED EXECUTIVE SUMMARY AND CONTRACT APPROVAL FOR
MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS
PURSUANT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
PROGRAM, AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY, AND
RESCIND RESOLUTION #2023-2335, DATED AUGUST 9, 2023
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, on the 9th day of August, 2023, by Resolution #2023-2335, the Board
approved a Memorandum of Understanding for Service Delivery Agreements Pursuant to the
Workforce Innovation and Opportunity Act (WIOA) Program 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, Employment Services of Weld County, Workforce
Development Board, and the Colorado Department of Labor and Enforcement, Division of
Unemployment Insurance, and
WHEREAS, the Board has been presented with a Revised Executive Summary and
Contract Approval for a Memorandum of Understanding for Service Delivery Agreements
Pursuant to the Workforce Innovation and Opportunity Act (WIOA) Program 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, Employment Services of Weld County,
Workforce Development Board, and the Colorado Department of Labor and Enforcement, Division
of Vocational Rehabilitation, commencing July 1, 2023, and ending June 30, 2026, with further
terms and conditions being as stated in said revised contract, and
WHEREAS, after review, the Board deems it advisable to approve said revised contract,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Weld County,
Colorado, that Resolution #2023-2335, dated August 9, 2023, for a Memorandum of
Understanding for Service Delivery Agreements Pursuant to the Workforce Innovation and
Opportunity Act (WIOA) Program, be, and hereby is, rescinded.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that the Revised Executive Summary and Contract Approval for the Memorandum of
Understanding for Service Delivery Agreements Pursuant to the Workforce Innovation and
Opportunity Act (WIOA) Program 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, Employment Services of Weld County, Workforce Development Board, and the
Colorado Department of Labor and Enforcement, Division of Unemployment Insurance, be, and
hereby is, approved.
cc: I -ISO
09126/23
2023-2727
HR0095
REVISED EXECUTIVE SUMMARY AND CONTRACT APPROVAL FOR MEMORANDUM OF
UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS PURSUANT TO WORKFORCE
INNOVATION AND OPPORTUNITY ACT (WIOA) PROGRAM, AND RESCIND RESOLUTION
#2023-2335, DATED AUGUST 9, 2023
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to electronically sign and submit said revised memorandum of understanding, executed on
September 6, 2023.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of September, A.D., 2023, nunc pro tunc July 1, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditiwo 4/16);,,e
Weld County Clerk to the Board
Deputy Clerk to the Board
APP' . D AS ' RM:
County A torney
IC°
Date of signature: Z3
Mike Ec man, Chair
ro-Tem
Same
2023-2727
HR0095
Oonkvac L 135(o
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 Division of Unemployment
Insurance (DUI)
DEPARTMENT: Human Services DATE: August 29, 2023
PERSON REQUESTING: Jamie Ulrich, Director, Human Services
Brief description of the problem/issue: The original version of this MOU reestablished respective roles and
responsibilities for implementation of the provisions of Section 121(c) of the Workforce Innovation Opportunity
Act (WIOA) and was approved by the BoCC on August 9, 2023. Prior to signing the MOU, the State requested
changes that are itemized below.
The changes that were made are:
• Inserted the CRN (Contract Record Number) in Header of main body of MOU.
• Changing the State Controller Delegate Signatory.
• Replacing the word "Contract" with "Agreement".
• Removing the State Controller signature from Exhibit B, as it is not needed.
What options exist for the Board?
• Approval of the revised Memorandum of Understanding (MOU) between Weld County Workforce
Development Board (WCWDB), Employment Services of Weld County (ESWC) and Division of
Unemployment Insurance (DUI)
• Deny approval of Memorandum of Understanding (MOU) between Weld County Workforce
Development Board (WCWDB), Employment Services of Weld County (ESWC) and Division of
Unemployment Insurance (DUI)
Consequences: There would not be an agreement with the State of Colorado.
Impacts: Grant funding from the Division of Unemployment Insurance may not be awarded to
Employment Services of Weld County, negatively affecting Weld County clients.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
Financial information = DUI shall make no cash funded payments under this MOU.
Pass -Around Memorandum; August 29, 2023 - CMS ID TBD
2023-2727
9/2.0 t+P,0bg5
Recommendation:
• Approval of the Memorandum of Understanding (MOU) between Weld County Workforce Development
Board (WCWDB), Employment Services of Weld County (ESWC) and Division of Unemployment
Insurance (DUI) 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
Pass -Around Memorandum; August 29, 2023 - CMS ID 7339
DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493
a
COLORADO
Department of
Labor and Employment
Purpose:
Executive Summary/Contract Approval
Vendor Name:
Weld County obo Workforce Development Board
PCS Contract Owner:
James Ponder
Routing No:
8554
PCS Director:
Renee Kennedy
CORE #:
n/a
CORE Type:
N/A
Agreement Name:
WIOA One -Stop MOU
Division Owner:
Nancy Bustad
Division:
KAVA
Routing Date:
08/06/2023
New/Amendment:
New Agreement
Agreement Type:
External Agreement
Vendor Selection Method:
History:
Original Contract Value:
Value of this Transaction:
Scope Value Increase/Decrease:
Contract Start Date:
In accordance with the WIOA §121, this local MOU has been developed and executed by the
Workforce Board, with the agreement of the LEO Board, and with each One -Stop Partner that
describes the operation of the one -stop delivery system in the Workforce Area and the individual
sub -areas (the "Sub -Areas") that comprise the Workforce Area.
Determination
Selection # if Competitive:I
Date Sole Source Signed by PCS Director:I
Date Special Circumstance Approved by DPA: I
Date of Emergency Declaration:
n/a
$0.00
$0.00
Current Contract Value:
New Total Value of Contract:
$0.00
$0.00
n/a
07/01/2023
Waivers/Pre-approvals Obtained:
Cost Savings:
Were there changes from the
template contract language?
No
Does this agreement have an IT
component?
No
Current Contract End Date:
06/30/2026
Maximum Contract End Date:
06/30/2026
n/a
n/a
n/a
n/a
Revision Date 9/8/2022
Page 1 of 2
DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493
•aw
COLORADO
Dnosehnnne of
Labor and Emp{oymant
Executive Summary/Contract Approval
Vendor Name:
Weld Coun obo Workforce Develo ment Board
PCS Contract Owner:
James Ponder
Routin No:
8554
PCS Director:
Renee Kennedy
CORE #:
n/a
CORE T e:
N/A
Agreement Name:
WIOA One -Stop M0U
Div. Contract Owner:
Nancy Bustad
Division:
KAVA
Date:
08/06/2023
New/Amendment:
New Agreement
Agreement Type:
External Agreement
Required
Contract Reviewer
Initials/Date
Comments
Business Unit Representative or Program Contract Mgr:
e—os
8/9/2023
V
Nancy Bustad
PCS Functional Unit Supervisor
r—os
* 8/9/2023
V
James Ponder I
PCS Unit Director:
,---es
, O/ 8/9/2023
✓
Renee Kennedy
Personal Services Review:
CORE Coding Check by Program Accountant:
❑
OIT (for all IT and telephony): Includes the OIT required
internal approvals
I
❑
Program Budget Analyst:
I
❑
Counter Party:
Weld Co Partners
❑
Non-CDLE Approvers :
I
IN
Executive Director or Delegate:
Kristin Corash
Delegated State Controller:
V
Kelly Smith-Biesemeyer
❑
O
OIT Approvals - Executive Director / OIT Controller:
I
Central Approvers:
RETURN FOLDER TO:
Revision Date 9/8/2022
Page 2 of 2
DovuSign En Velope ID: DOC4CAF9-6E9C-480E-AFF0-7DD9837E4493 - ,.eminder: DVR KAVA Requisition Request Form #2549 Needs Your Review
STATE OF
COLORADO
Ponder - CDLE, James <james.ponder@state.co.us>
Reminder: DVR KAVA Requisition Request Form #2549 Needs Your Review
1 message
Requisition Request, CDLE PCS RQS <cdle_pcs_rgs@state.co.us> Sun, Aug 6, 2023 at 4:05 AM
To: james.ponder@state.co.us
REQUEST #2549 I RECIPIENTS : 5 of 9 I JUL 27, 2023
Requisition Request Form
This form is ready to be assigned to PCS for action. Please set up the assignment in Salesforce and take
action on the form to complete. Thank you.
You have been requested to approve the following:
Requestor:
Full name of Requestor:
Full name of Project Manager:
Supervisor email:
Select your Division/Unit:
Provide a short title for this request:
Brief description of request:
Type of PCS action requested:
nancy.bustad@state.co.us
Nancy Bustad
Kacey Seibert
kacey.seibert@state.co.us
DVR
Weld County MOU 07.2023 to 06.2026
Please Review Document and Execute
New Agreement: Purchase Order, Lease,
Contract, etc. (No solicitation needed)
Was this vendor selected using a solicitation? If yes, n/a
provide solicitation type, solicitation RQS form
number, award date, and solicitation number. If no,
enter N/A:
Upload agreement statement of work: File Upload 1
Provide your quote for costs or winning vendor File Upload 1
proposal:
Is this request for the purchase of software?: No
https://mail.google.com/mail/u/0/?ik=785757a046&view=pt&search=all&permthid=thread-f:1773473704309997228&simpl=msg-f:1773473704309997228 1/3
Docu,Sign Envelope ID: D0C4CAF9-6E9G480E-AFFv-7DD9837E4493 - „eminder: DVR KAVA Requisition Request Form #2549 Needs Your Review
Will this be under a state price agreement: No
Will this be a contract for Data Access/Data No
Extracting?:
Is this a Special Circumstances procurement?: No
Is this a Sole Brand?: No
Is this a request for a Lease or Sublease?: No
Legal Name of vendor and CORE VC Number: VC00000000014294 Weld County
Vendor contact name (for general Ruth DeBoer, CWDP
questions/negotiations):
Vendor contact email address (for general
questions/negotiations):
Vendor contact phone number (for general
questions/negotiations):
Term of Project (beginning and end dates):
rdeboer@weld.gov
Office: 970-400-6752 Cell: 970-616-2672
07.01.2023 to 06.30.2026
Please provide ship to address: 5250 Hahns Peak Drive, Suite 120, Loveland, CO
80538
Total purchase costs: 0
Is this going to be a recurring cost? (options to No
renew/software subscriptions):
Explain your previous answer: No Cost MOU
Funding Types: No Cost MOU
If your answer included Federal Funds, please read no
the below linked memo to see if you need to
complete the Subrecipient vs Contractor
Determination Form. Do you need to complete this
form?:
State Fiscal Year:
Unknown Coding:
Fund Code:
Department Code:
Unit Code:
Sub Unit:
SFY 2024, 2025, 2026
N/A
1000
KAVA
7101
7RG3
https://mail.google.com/mail/u/0/?ik=785757a046&view=pt&search=all&permthid=thread-f:1773473704309997228&simpl=msg-f:1773473704309997228 2/3
DocuSiu Envelope ID: D0C4CAF9-6E9G480F JAFF0y7DD9837E4493 eminder: DVR KAVA Requisition Request Form #2549 Needs Your Review
Appropriation Unit Code:
Object Code:
Location Code:
Program:
Program Period:
Commodity Code:
KFABQ7100
2820
LVLD
VOPER23
FFY23
n/a
$ Amount to be Encumbered Under this Coding 0
Only:
Will you utilize more than one accounting string?: No
Provide any additional information necessary to n/a
complete this request:
Vendor contact name (legal signer for contracts): Ruth DeBoer, CWDP
Vendor contact email address (legal signer for
contracts):
Please route for signatures to bocc-
contracts@co.weld.co.usforthe Bocc Chair's
signature, and cc HS-
ContractManagement@co.weld.co.us
Requestor Email: nancy.bustad@state.co.us
Approval history
In progress
Approved by kacey.seibert@state.co.us
Approved by augusta.klimek@state.co.us
Approved by cdle_budget_office@state.co.us
Approved by cdle_dvr_accounting@state.co.us with comment: "Accounting Approve - MAF - Coding
looks good"
Respond to the request
This is an automated email sent by formapprovals.com; do not reply to or forward this email. You are receiving
this email because you are a workflow participant of this request. Your form administrator is
cdle_pcs_rqs@state.co.us
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DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493
AUTOMATIC RISK ASSESSMENT FORM
CORE #
CRN#
Contract Type
Vendor Name
N/A
8554
WIOA One -Stop MOU
Weld County
Instructions: PCS Contract Managers should complete this form for each contract or contract modification
(including option letters and task orders) and include a copy of the completed form in the contract file.
Check all boxes that apply to your contract or contract modification. If a contract or contract modification falls
into more than one automatic risk category, use the following rules to make your automatic risk determination:
(1) High Risk and Low Risk = High Risk
(2) High Risk and No Risk = No Risk
(3) Low Risk and No Risk = No Risk
(4) High Risk, Low Risk and No Risk = No Risk
Check
Automatic High Risk Categories
all
Contracts and contract modifications that fall within the following categories shall always be determined to be high
that
apply
risk unless it also falls within one of the automatic no risk categories.
Certificates of participation for shares of lease revenues.
Contingency contracts, as defined in CRS §24-17-203.
Contracts and modifications that are subject to a Statutory Violation that has not been ratified.
Contracts concerning the operation of prisons.
Contracts containing a limitation of liability, including limits on actions for which the contractor is liable, limits on the
dollar amount of damages, the types of damages, the source of damage payments, or some combination thereof, unless
OSC has determined the limitation of liability does not make the contract automatic high risk in writing.
Contracts containing modifications to provisions that require a fiscal rule waiver, such as changes to the special provisions,
unless OSC has determined the fiscal rule waiver does not make the contract automatic high risk in writing.
Contracts where a party is a Native American tribe, unless on an unchanged OSC model contract form specifically
designed for use with that Native American tribe.
Dangerous activities contracts for services that are inherently dangerous that are likely to result in strict liability if the
activity causes harm or that can cause significant harm even if performed properly.
Debt collection contracts associated with any services for the collections or recovery of amounts due to the State.
Employee voluntary separation agreements for either classified or non -classified employees.
Energy performance contracts under CRS §§24-30-2003.
Federal government contracts with agencies of the federal government unless on an unchanged OSC model contract form.
Financing contracts where a third party will provide financing to the State, such as where the third party provides a loan to
the State or provides the initial funding money that the State will repay to the third party from later revenues.
Financial systems contracts for the acquisition of new or the replacement of existing financial systems.
DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493
Legal issues contracts with technical legal issues requiring an opinion from the Colorado Attorney General.
Lease purchase contracts.
Hazardous materials contracts involving the handling, removal, treatment, movement, installation, and disposal of
hazardous materials; any other materials, substances or wastes that are subject to increased liability under any state or
federal environmental laws; or materials, substances or wastes that are dangerous instrumentalities. This does not include
contracts for the discovery, analysis, study, and review of such materials.
Information technology services contracts, except for purchases of consumer off- the -shelf software licenses, maintenance
agreements for consumer off -the -shelf software or licenses to access databases or web content. This rule also applies to
contracts for information technology goods if they are provided in conjunction with services.
Master contracts by the Department of Personnel and Administration for the entire State (i.e, the RTD Eco Pass Program).
Master task order contracts and task orders issued under those contracts.
Outsource contracts as defined in Fiscal Rule 3-1.
Settlement agreements that settle claims between the State and individuals and between the State and contractors.
Statewide price agreement contracts and information technology enterprise agreements.
Water rights contracts involving the purchase or sale of water rights. This does not apply to: 1) the purchase or sale of water
rights and/or shares of stock in an irrigation district, a water district, a mutual ditch company, a water company, or similar
entities included as part of or associated with the purchase or sale of real property; 2) participation in substitute water
supply plans or in plans for augmentation of water resources; 3) the purchase or sale of fully consumable water.
Check
all
that
apply
Automatic Low Risk Categories
Contract and contract modifications that fall within the following categories shall always be determined to be low
risk unless it also falls within a high risk or no risk category.
Amendments that restate a contract to include all prior amendments and modifications in one updated document, that make
changes required by and consistent with State law, that do not materially change the scope or requirements of the contract,
or that reduce the scope and cost of the contract.
X
Contracts for a specific program for which CDLE has received prior written approval from OSC for a specific template
agreement, and CDLE uses that template agreement without modification. This includes any contracts that were authorized
under the State Controller Policy entitled "Phase I Waivers."
Grant Funding Change Letters in compliance with the OSC Policy "Modification of Contracts — Tools and Forms."
State-wide pre -approved contract forms, such as Office of the State Architect capital construction and controlled
maintenance work authorizations, change orders, supplements, code reviews, and architect and engineering base
agreements used without modification.
Automatic High Risk contracts or contract modifications that OSC has determined in writing to be low risk or has granted
us a waiver making low risk. If you select this category, include the waiver or written approval from OSC in the contract
file.
Check
all
Automatic No Risk Categories:
Contracts and contract modifications that fall within the following categories shall always be considered to be no
DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493
that
apply
risk regardless of whether the contract is also included as an automatic high risk or automatic low risk contract.
Option letters used in accordance with the State Controller Policy entitled "Modification of Contracts —Tools and Forms,"
unless the contract the option letter modifies is subject to a Statutory Violation that has not been ratified (See State
Controller Policy entitled "Statutory Violations").
Amendments that do nothing than more than the following, unless the contract that the amendment modifies is subject to a
Statutory Violation that has not been ratified (See State Controller Policy entitled "Statutory Violations"): 1) extend the
term of a contract at rates and fora maximum amount already included in the contract, so long as such extension does not
exceed any term included in a solicitation that was used to procure the contract; 2) increase or decrease the quantity of
existing goods or services under the contract at the rates already included in the contract, so long as such increase is in
compliance with the requirements and limits included in a solicitation that was used to procure the contract; 3) authorize
the beginning of a phase of the contract, so long as all requirements and payments for that phase are already included in
the contract; and/or 4) modify contract rates as specifically described within a contract.
Interagency Agreements where all parties are Agencies of the State or are State Institutions of Higher Education. This does
not apply if any of the parties are separate authorities or other governmental entities or political subdivisions.
Undetermined Risk Contracts and Contract Modifications
Any contract or contract modification that is not automatic high risk, automatic low risk or automatic no risk contract shall be
considered to be undetermined risk.
If a contract or contract modification is considered to be undetermined risk, PCS should work with the program to complete either the
"Risk Analysis for All New Contracts and Agreements" or the "Risk Analysis for all Modifications" form. PCS should make a final
risk determination on the basis of the completed Risk Analysis form and include copies of both this form and the completed Risk
Analysis form in the contract file.
Name of PCS Representative:
James Ponder
Auto Risk Determination:
Auto High Auto Low X Auto No Undetermined
All low risk and no risk contracts and contract modifications should be routed to CDLE's controller delegate for
signature. All high risk contracts and contract modifications should be routed to the Office of the State Controller
for OSC's signature.
DocuSign Envelope ID: CF531 BB4-682E-4F0E-A1 BD-0074C7A4C343
CRN: 8580
Weld County Workforce Development Board
MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS
Between
Weld County Workforce Development Board, Employment Services of Weld County
And
Colorado Department of Labor and Employment, Division of Unemployment Insurance
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 and the Colorado Department of Labor and
Employment, Division of Unemployment Insurance, (together the `Parties').
Pursuant to the Workforce Innovation and Opportunity Act (WIOA), the Weld County Workforce
Development Board is required to develop and enter into a MOU with service delivery partners required by
the WIOA.
The Weld County Workforce Development Board has designated the Employment Services of Weld County
Workforce Center as the one -stop center for the federally designated local area(s) of the Upstate Region.
WHEREAS, WIOA Section 121(c) requires that each Local Workforce Development Board (`LWDB'), with
the agreement of the Chief Elected Official (`CEO'), shall develop and enter into a MOU (between the LWDB
and the one -stop partners), consistent with Section 121(c))2), concerning the operation of the one -stop
delivery system in each local area.
WHEREAS, WIOA Section 121(b)(1)(A)(iii) mandates all entities that are required partners in a local area
(`Partners') to enter into a MOU with the LWDB relating to the operation of the one -stop system, pursuant
to WIOA Section 121 (c).
WHEREAS, WIOA Section 121(b)(1) identifies the required programs or activities, and requires that each
entity that carries out a program or activities ('Partners') in Weld County shall: (a) provide access through
the one -stop delivery system to such program or activities carried out by the Partner, including making the
career services described in WIOA section 134(c))2) that are applicable to the program or activities
available at the one -stop centers (in addition to any other appropriate locations); (b) use a portion of the
funds available for the program and activities to maintain the one -stop delivery system, including payment
of the infrastructure costs of one -stop centers in accordance with WIOA Sec. 121(h); (c) enter into a MOU
with the LWDB, relating to the operation of the one -stop system, that meets the requirements of WIOA Sec.
121(c); (d) participate in the operation of the one -stop system consistent with the terms of this MOU, the
requirements of this title, and the requirements of the Federal laws authorizing the program or activities;
and (e) provide representation on the State board to the extent provided under WIOA Sec. 101.
WHEREAS, WIOA Section 121(b))2) prescribes how other entities that carry out programs other than those
required under WIOA Section 121(b)(1)(B) may be one -stop partners for the local area of Weld County as
additional Partners and provide the services available under their programs through the Employment
Services of Weld County one -stop delivery system.
WHEREAS, WIOA Section 121(b)(2)(A) provides that both required and additional partners are Partners
for the local area. Therefore, all entities that participate in the local area of Weld County service delivery
Page 1 of 11
DocuSign Envelope ID: CF531 BB4-682E-4F0E-A1 BD-0074C7A4C343
CRN: 8580
system as Partners, whether required or additional, must be Parties to this MOU and must abide by the
terms prescribed herein and by all applicable federal, state, and local rules, plans, and policies as applicable
to the Partner and authorized under the Partner's relevant legislation and in keeping with federal guidelines.
WHEREAS, WIOA Section 121(b)(1)(A)(iv) indicates that the requirements of each Partner's authorizing
legislation continue to apply under the local area of Weld County workforce system and that participation
in the operation of the Employment Services of Weld County one -stop delivery system is in addition to the
requirements of WIOA and other requirements applicable to each Partner under each authorizing law.
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 provided by the Partner,
(3) the procedures used to refer individuals between the Partners for the provision of appropriate services
and activities, and (4) the method by which the cost of these services will be allocated and shared, if
applicable.
I. TERM
The Parties' performance under this MOU shall commence on the later of (a) July 1, 2023, or (b) the date
this MOU becomes fully executed (the 'Effective Date'). This MOU shall remain in effect until June 30,
2026, 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 within the one -stop system,
including the coordination of service delivery and the referral of customers, for the Weld County area. WIOA
§121(b) identifies both the required and the optional programs and activities that may be carried out by
Partners in the Weld County area.
A. One -Stop Partner Services: Exhibit A hereto sets forth the specific services that the Parties will
provide in the Local Area in which the Partners operate. 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 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 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 provided by the Parties.
B. Cost Sharing
1. Negotiation of the Infrastructure Funding Agreement ('IFA')
The Colorado Workforce Development Council ('CWDC"), with the authority of the Governor,
provides that (a) each Partner that operates in the Local Area is required to begin contributing its
Proportionate Share of the Total Costs of operating each comprehensive and affiliate one -stop
center in the Local Area ('One -Stop Delivery System Budget'); (b) the cost sharing methodology
must be decided by consensus agreement among the LWDB, the CEO, and all the Parties; (c) if
any Party fails to agree to an IFA that meets the requirements set forth by the CWDC, the State
will implement the State Funding Mechanism to determine each Partner's Contribution.
The Parties agree to participate in good faith in the negotiation of an IFA that meets all requirements
set forth by the CWDC. At a minimum, the IFA should (a) specify the effective time period, which
may be different from that of the duration of the MOU; (b) identify the Infrastructure Costs, Shared
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Costs and Total Costs; (c) identify the formula used to calculate Proportionate Share; (d) identify
the CEO, the LWDB, and the Parties participating in the IFA; and (e) establish a process by which
the Parties will reconcile the Total Costs, the Proportionate Share and the Partner Contribution at
least once per quarter throughout the term of the IFA. Upon agreement, any IFAs for the local area
shall be incorporated as legally binding components 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 Infrastructure Costs, Shared Costs and 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 of the Infrastructure Costs,
Shared Costs and Total Costs will be disclosed to the Partners; (c) the methodology for calculating
each Partner's Proportionate Share of the Total Costs will be determined through a reasonable
cost allocation methodology that assigns costs to Partners in proportion to relative benefits
received; (d) the Parties will negotiate in good faith to identify the methodology as well as the
formula by which each Partner will make the Partner Contribution and to establish a process by
which the Parties will reconcile the Total Costs, the Proportionate Share and the Partner
Contribution at least once per quarter throughout the term of the IFA; and (e) in negotiating the IFA,
the Parties will comply with both the letter and the spirit of the WIOA law, regulations, Office of
Management and Budget Circulars, and CWDC-issued policy guidance.
2. Abide by State Funding Mechanism, if Implemented, Subject to the Appeals Process
If the Parties fail to agree to an IFA that meets the requirements of the CWDC, the State will
implement the State Funding Mechanism to determine each Partner's Contribution.
As applicable, (a) the Parties agree to abide by the terms of the State Funding Mechanism, if
implemented, subject to the appeals process set forth by the CWDC; and (b) the Partners who are
not subject to the State Funding Mechanism agree that, if the State Funding Mechanism is
implemented, such Partner will continue in good faith to negotiate an IFA that meets the
requirements of the CWDC.
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) Per WIOA Section 121, any Partner that terminates its role as a Party to this MOU is no
longer eligible to participate as a Partner with the Local Workforce system and will not be
permitted to serve on the LWDB as a Partner representative.
(b) 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 as a required Partner
under WIOA Section 121)b)(1) 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. The entity may continue as an additional Partner
if mutually agreed to by the LWDB, CEO, and the remaining Partners.
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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 three (3) years following the Effective Date to reflect any changes in the delivery
of services, signatory official of the Parties, or one -stop infrastructure 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 111.6(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 a Party's total amount of cost sharing
costs as set forth in Exhibit B. Any modification to an exhibit agreed to by the parties that
requires an increase in a Party's total amount of cost sharing costs shall be evidenced by a
written amendment to this MOU prepared and executed by both parties in accordance with
Section 111.6.(1) above.
The parties shall, in each instance, memorialize in writing any and 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, and if applicable, 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/Fundinq
(1) WIOA Sec. 121(c)(2)(A)(ii) requires that the funding arrangements for services and operating
costs of the Employment Services of Weld County Workforce Center One -Stop service delivery
system must be described in this MOU. Under WIOA, each Partner that carries out a program or
activities in a Weld County One -Stop Center or otherwise in the Local Area must use a portion of
its funds available for such programs and activities, to operate and maintain the Employment
Services of Weld County One -Stop delivery system, including proportional payment of the
Infrastructure Costs, Additional Costs, and Total Costs of the Weld County One -Stop Centers (20
CFR § 678.700). All cost sharing 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 sharing is required under
WIOA. All obligations of the Parties under this MOU for cost -sharing arrangements, whether in
whole or in part, are subject to and contingent upon the continuing availability of federal funds
authorizing the program or activity for which cost sharing is required under WIOA and shall
extend only to funds appropriated annually by the State of Colorado or the County / Denver City
Council, paid into its Treasury City, 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 for which cost sharing is 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.
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(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 Employment Services of Weld
County One -Stop Delivery system, including proportional payment of the infrastructure costs of
the Weld County One -Stop Centers. 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 of 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 LWDB will
attempt to resolve the differences with the assistance of the Partner or representative. If the
Parties' disagreements cannot be resolved at this level, the LWDB must report failure to resolve
the dispute with a required partner to the local elected official, Governor, the CWDC, and the State
agency responsible for administering the Partner's program. If the State in collaboration with the
local elected official cannot assist the LWDB in resolving the disagreement, the CWDC must report
the failure to the Secretary of Labor and to the head of any other Federal agency with responsibility
for oversight of a Partner's program (20 CFR Part 678.510).
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
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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 credit or 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.
I. 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
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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 LWDB. Any attempt
at assignment, transfer, or subcontracting without the written consent of the LWDB shall be void.
K. Compliance with Law: The Parties shall strictly comply with all applicable federal and state laws,
rules, and regulations in effector 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
do Ruth DeBoer
315 N 11 Avenue Bldg. B
PO Box 1805
Greeley, CO 80632-1805
For Party 2: Karina Amaya-Ragland
Workforce Director
Employment Services of Weld County
315 N 11 Avenue Bldg. B
PO Box 1805
Greeley, CO 80632-1805
For Party 3: Phil Spesshardt
Director
Colorado Department of Labor and Employment
Division of Unemployment Insurance
251 E. 12th Avenue
Denver, CO 80203
And copies to:
Renee Rita Kennedy
Procurement Director
Colorado Department of Labor and Employment
633 17th Street, 11th Floor
Denver, CO 80202
303-318-8054
reneerita.kennedy@state.co.us
Rita Sanchez
Colorado Department of Labor and Employment
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Division of Unemployment Insurance
251 E. 12th Avenue
Denver, CO 80203
303-318-9330
Rita.sanchez@state.co.us
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 of the State has any personal or beneficial
interest whatsoever in the service or property described in this contract. Weld County Workforce
Development Board, Employment Services of 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 Weld County Workforce Development Board, Employment Services of Weld County services
and Weld County Workforce Development Board, Employment Services of Weld County shall not
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employ any person having such known interests.
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:
(i) Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part
38; Final Rule, published December 2, 2016),
(ii) Title VII of the Civil Rights Act of 1964 (Public Law 88-352),
(iii) Section 504 of the Rehabilitation Act of 1973, as amended,
(iv) Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g, 24 CFR Part 99)
(v) The Americans with Disabilities Act of 1990 (Public Law 101-336),
(vi) Priority of service for veterans in U.S. Department of Labor funded programs (38 U.S.C. §
4215)
(vii) 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 sec. 188,
(viii) The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part
99),
(ix) Confidentiality requirements governing the protection and use of personal information held by
the VR agency (34 CFR 361.38),
(x) The confidentiality requirements governing the use of confidential information held by the
State UI agency (20 CFR part 603),
(xi) Title IX of the Education Amendments Act of 1972 (20 U.S.C. §1681),
(xii) All amendments to each, and
(xiii) 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:
(i) 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
(ii) 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
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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. Priority of Service
All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority
of service, including, but not limited to, priority of service for veterans and their eligible spouses, and
priority of service for the WIOA title I Adult program, as required by 38 U.S.C. § 4215 and its
implementing regulations and guidance, and WIOA § 134(c)(3)(E) and its implementing regulations and
guidance. Partners will target recruitment of special populations that receive a focus for services under
WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and
English language learners.
G. Buy American Provision
Each Party that receives funds made available under title I or II of WIOA or under the Wagner-Peyser
Act (29 U.S.C. § 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of
the United States Code (commonly known as the "Buy American Act") and as referenced in WIOA §
502 and 20 CFR 683.200(f).
H. 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, TEGL 16-18,
Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities
Program Allotments for Program Year (PY) 2019; Final PY 2019 Allotments for the Wagner-Peyser Act
Employment Service (ES) Program Allotments; and Workforce Information Grants to States Allotments
for PY 2019, Public Laws 114-113 (Division H, title I, Section 105) and 114-223, 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.
I. 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
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• 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:
DocuSigned by:
,,OIA,1n,SOtt,
2S460S14DC.400...
Bill Johnson Date
Chair, Weld County Workforce Development Board
8/29/2023
FDocuSigned by:
ILULt, Fv't, main,
C5n.5^34^SC^^7
Mike Freeman
Chief Elected Official
DocuSigned by
gA11CgB7 O1..
Phil Spesshardt
Division Director, Unemployment Insurance
Colorado Department of Labor and Employment
9/6/2023
Date
9/6/2023
Date
In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the
State Controller or an authorized delegate.
By:
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
[ZI&6v
DiA3ACA�40414.
Pau ina a ora,
state Controller Delegate
9/7/2023
Effective Date:
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Exhibit A — Scope of Services
Employment Services of Weld County
Name of One -Stop Partner:
Type of Program:
Address, City, State, Zip Code:
Telephone Number:
Web Site:
E -Mail Address:
Colorado Department of Labor and Employment
Division of Unemployment Insurance
251 E. 12th Ave, Denver, CO 80202
303-xxx-xxxx
https://cdle.colorado.gov/unemployment
lynn.paulsen@state.co.us
Please provide detailed descriptions of each of the following:
I. Access to Services
a. Describe the manner in which the One -Stop Partner will fulfill the access requirement.
Provide details. The options are (1) co -location; (2) cross -trained staff; and (3) direct
technological linkage.
1) Access to services in partnership will take place through cross training of staff and
access to services as available through a direct linkage. In comprehensive One -
Stop Centers, the UI Division will provide direct technological links to
representatives with UI expertise for customers seeking services. The UI Division
will provide those links though a minimum of one hotline per One -Stop. The hotline
must be a physical phone line located in the workforce center.
2) The UI Division will provide program guidance and training as well as technical
support for the Reemployment Services and Eligibility Assessment (RESEA)
program.
3) The UI Division will make training opportunities available as it relates to
understanding general UI claims processing information and how claimants can
remain eligible with work search and able and available requirements.
4) Electronic transmission between the UI Division and the One -Stop Centers will
communicate the RESEA referrals.
5) UI Division and One -Stop Center representatives have limited access into the
partner agency's databases as appropriate. Each database contains relevant
individual claimant information. This includes daily updates on claim status within
Colorado's labor exchange website. On a quarterly basis UI wage records will be
transmitted to Colorado's labor exchange website.
b. Describe methods to ensure that needs of workers, youth and individuals with
barriers to employment, including individuals with disabilities, are addressed in the
provision of necessary and appropriate access to services, including access to
technology and materials, made available through the One -Stop Delivery System.
UI will consider the special needs of various groups, such as individuals with
1
DocuSign Envelope ID: CF531 BB4-682E-4F0E-A1 BD-0074C7A4C343
Exhibit A — Scope of Services
Employment Services of Weld County
disabilities and who communicate in languages other than English and will provide
reasonable accommodations to those who are unable to use the available
technologies.
II. Service Delivery
a. Describe services you will provide, coordination of services and delivery of services.
Include physical location where services will be provided. Identify which items will be
available at workforce centers and which will be available at other locations.
b. The UI Division will make representatives with UI knowledge available via Hotline
technology solutions to provide specific, individualized information to each customer
regarding aspects of unemployment, including filing a claim and eligibility
requirements and how the requirements may relate to the individual's
circumstances.
c. Identify the services the Partner Program provides in the chart below or in a narrative
format. Enter a "X" for the services your program provides directly, enter a "R" for the
services your program provides through referral, or enter a "B" for both. Enter services
that your program provides that are not listed here in the blanks at the bottom of the
chart.
Partner Program Services:
Preliminary Services
Services Requiring
Eligibility
Training Services
Employer Services
Public Information
Enrollment or Registration
X
Financial Assistance for
Training
Job Listing
Outreach, Recruitment
Diagnostic Assessment
X
Occupational Skills
Training
Candidate Screening
Determination of Program
Appropriateness for
Customer
Individual Self -Sufficiency or
X Employment Plans
On -the -Job Training
Candidate Testing
Orientation
Counseling: Group or
R Individual
Skills Upgrading
Job Referrals
Resource Center
Case Management
Re -Training
Space for Job Interviews
Initial Assessment
Basic Education, Literacy
Training, GED Training
Entrepreneurial Training
Labor Market Information
Workshops
English as a Second
Language Training
Apprenticeship Training
Local Economic
Development Information
Career Information
Computer Literacy Training
Customized or Workplace
Training
Employer Incentives
Labor Market Information
Job Readiness Training
Work Experience,
Internship (including
Summer Jobs)
Employer Seminars
2
DocuSign Envelope ID: CF531 BB4-682E-4F0E-A1 BD-0074C7A4C343
Exhibit A — Scope of Services
Employment Services of Weld Count
Job Search Skills &
Information
Life Skills Training
Job Fairs
Job Referrals
Supportive Services
Services to Lad Off
Workers
Labor Market Information
Post Employment or Job
Retention Services
Outplacement Services
Follow -Up
Tutoring, Study Skills
Training
Job Analysis
Eligibility Determination
Leadership Development
Activities
Focus Groups
Mentoring
Alternative Secondary School
d. Identify the services the One -Stop Center provides in the chart below or in a narrative
format. Enter a "X" for the services your program provides directly, enter a "R" for the
services your program provides through referral, or enter a "B" for both. Enter services
that the center provides that are not listed here in the blanks at the bottom of the chart.
One -Stow Center Services:
Preliminary Services
Services Requiring
Eligibility
Training Services
Employer Services
Public Information
B Enrollment or Registration
X Financial Assistance for
Training
B Job Listing
X
Outreach, Recruitment
X Diagnostic Assessment
B Occupational Skills
Training
B Candidate
Screening
X
Determination of Program
Appropriateness for
Customer
B Individual Self -Sufficiency or
Employment Plans
B On -the -Job Training
B Candidate Testing
X
Orientation
X Counseling: Group or
Individual
R Skills Upgrading
B Job Referrals
B
Resource Center
X Case Management
B Re -Training
B Space for Job
Interviews
X
Initial Assessment
B Basic Education, Literacy
Training, GED Training
B Entrepreneurial Training
B Labor Market
Information
X
Workshops
X English as a Second
Language Training
R Apprenticeship Training
B Local Economic
Development
Information
B
Career Information
B Computer Literacy Training
B Customized or Workplace
Training
B Employer Incentives
B
Labor Market Information
X Job Readiness Training
B Work Experience,
Internship (including
Summer Jobs)
B Employer Seminars
B
Job Search Skills &
Information
X Life Skills Training
X
Job Fairs
X
Job Referrals
B Supportive Services
B
Services to Laid Off
Workers
X
3
DocuSign Envelope ID: CF531 BB4-682E-4F0E-A1 BD-0074C7A4C343
Exhibit A — Scope of Services
Employment Services of Weld Count
Follow -Up
X Post -Employment or Job
Retention Services
B
Outplacement
Services
X
Eligibility Determination
B Tutoring, Study Skills
Training
B
Job Analysis
B
Leadership Development
Activities
X
Focus Groups
X
Mentoring
R
Alternative Secondary School
R
III. Referrals
a. Describe how referrals for services will be coordinated. Including methods of referrals
between partners, tracking referrals and related activities, coordination and follow
through, and shared data systems and documentation.
The UI Division requires customers to register with the One -Stop Center. The UI
Division refers the customer to Colorado's labor exchange web site or to contact the
center directly for in -person service when an individual files a claim to complete
registration into the labor exchange system. UI also refers customers to One -stop
centers to complete additional required UI activities and for assistance with
reemployment services when selected for the RESEA program.
4
DocuSign Envelope ID: CF531BB4-682E-4F0E-A1BD-0074C7A4C343
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
Name of One -Stop Partner:
Type of Program:
Address, City, State, Zip Code:
Telephone Number:
Web Site:
E -Mail Address:
Colorado Department of Labor and Employment
Division of Unemployment Insurance
251 E. 12th Ave, Denver, CO 80202
303-318-9000
https://cdle.colorado.gov/unemployment
lynn.paulsen@state.co.us
Infrastructure Funding Agreement
The sharing and allocation of infrastructure costs among one -stop partners are governed by
WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for 2 Federal
Awards at 2 CFR part 200 (Uniform Guidance). Funding provided by the one -stop partners to
cover the operating costs, including infrastructure costs, of the one -stop delivery system must
be based on the partner program's proportionate use of the system and relative benefit received.
I. Listing of Partners and Services
Adult, Dislocated Worker, Trade Adjustment Assistance (TAA) and Youth
Employment and Training Programs
AmeriCorps
Carl D. Perkins — Aims Community College
Colorado Employment First (Work Program for Supplemental Nutrition
Assistance Program recipients) (SNAP)
Colorado Works (Temporary Assistance to Needy Families recipients) (TANF)
Community Educational Outreach (CEO) and Intervention Community
Corrections of Weld County (ICCWC)
Community Services Block Grant (CSBG)
Division of Vocational Rehabilitation (DVR)
Immigrant and Refugee Center of Northern Colorado (IRCNoCo)
Jobs for Veterans State Grant Program (JVSG)
Migrant Seasonal Farm Worker (MSFW)
Rocky Mountain Service Employment Redevelopment
Service Employment Redevelopment (SER) — Jobs for Progress National, Inc.
Wagner-Peyser
General Financial Information
Weld County, through the Workforce Center, is the administrative entity for various
employment and training programs. These programs are grouped into multiple
functional areas with some overlap in funding. The financial activities, revenues, and
1
DocuSign Envelope ID: CF531 BB4-682E-4F0E-A1 BD-0074C7A4C343
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
expenditures, for the programs of the Workforce Center are reported as a separate
fund and chart of accounts within the Weld County financial reporting structure and
governed by County policy. Costs will be charged directly to the programs whenever
possible. Expenses incurred for the benefit of a specific program will be charged
directly to the benefiting program. Costs that benefit multiple programs, can be pooled
and distributed amongst those benefiting programs according to the methodologies
outlined herein.
The annual In -Kind Contribution that UI will make to the Weld County Workforce
Center based on customer base is $12,564.04. See Attachment 1 for details.
III. Infrastructure Costs
Infrastructure costs are non -personnel costs that are necessary for the general
operation of the one -stop center, such as rental of the facilities, utilities and
maintenance, equipment, and technology.
The infrastructure costs budget for the one -stop system in Weld County includes the
following, agreed upon line items.
• $12,564.04 in -kind (Based on CY22 Customer Base)
Unemployment Insurance is not physically co -located at the comprehensive one -stop
center.
The UI Division makes services available through the comprehensive One -Stop center
by a direct linkage. This direct linkage has a hard cost that is included in the equipment
category of the agreed upon infrastructure budget. The UI Division agrees to pay for
this cost as an in -kind contribution.
The UI Division makes services available through the comprehensive one -stop center
through cross -trained staff members. This arrangement generates benefit for the
program as evidenced by the number of customers enrolled in the program and
enrolled in a program located at the comprehensive one -stop center, referred to as
co -enrolled. The services provided by the program provide a similar benefit to the
One -Stop center by supporting the customer. The UI Division agrees to provide a non -
cash contribution to the One -Stop system based on the percentage of co -enrolled
customers, which is reflected in Attachment 1. This agreement ensures that the
necessary services are available and delivered to customers to allow them to obtain
employment, retain employment, or obtain education and training that leads to
employment.
2
DocuSign Envelope ID: CF531 BB4-682E-4F0E-A1 BD-0074C7A4C343
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
IV. Additional Costs
Non -applicable
V. Payment and Reconciliation
The UI Division agrees to provide in -kind contributions to the workforce center system
throughout Colorado based on the percentages of potential UI claimants served in
each region. The UI Division will create the in -kind contribution allocations annually as
a separate attachment (see Attachment 1). The annual allocations will be
communicated separately and are used in the development of this Memorandum of
Understanding (MOU). No cash payments will be made under this MOU.
VI. Certification
This is to certify that all costs included in this plan 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. Unallowable
costs have been adjusted for in allocating costs as indicated in the cost allocation
plan.
All costs included in this plan 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 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.
17DocuSigned by::t ww
541,NJL.A.
25.0,140[0.00...
Bill Johnson
Chair, Weld County Workforce Development Board
DocuSigned by:
Phil Spesshardt
Division Director, Unemployment Insurance
Colorado Department of Labor and Employment
3
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated
below by the State Controller or an authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Paulina Delora, MBA, CPA
State Controller Delegate
Effective Date:
4
SIGNATURE REQUESTED: WIOA CDLE DUI
MOU with Exhibits A & B
Final Audit Report
2023-08-02
Created: 2023-08-02
By: Windy Luna (wluna@co.weld.co.us)
Status: Signed
Transaction ID: CBJCHBCAABAAsfvsIKZWRnpAdQK_K2L1HxAluoj5tru3
"SIGNATURE REQUESTED: WIOA CDLE DUI MOU with Exhibi
is A & B" History
,t Document created by Windy Luna (wluna@co.weld.co.us)
2023-08-02 - 5:00:58 PM GMT
E?, Document emailed to Bill Johnson (bjohnson@weldcountygarage.com) for signature
2023-08-02 - 5:02:05 PM GMT
• Email viewed by Bill Johnson (bjohnson@weldcountygarage.com)
2023-08-02 - 5:20:34 PM GMT
6@ Document e -signed by Bill Johnson (bjohnson@weldcountygarage.com)
Signature Date: 2023-08-02 - 5:20:59 PM GMT - Time Source: server
Agreement completed.
2023-08-02 - 5:20:59 PM GMT
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RESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING
AGREEMENTS PURSUANT TO WORKFORCE INNOV
ACT (WIOA), AND AUTHORIZE CHAIR TO SIGN AND
WHEREAS, the Board of County Commission
Colorado statute and the Weld County Home Rul
administering the affairs of Weld County, Colora
o,
WHEREAS, the Board has been present
Service Delivery Agreements Pursuant to Workfor
among the County of Weld, State of -do
Commissioners of Weld County, on behalf o
Services of Weld County, Workforce De elopme
and Employment, Division of Unemploy nt Insur
June 30, 2026, with further terms and c ,ditions
understanding, and
WHEREAS, after review,
understanding, a copy of which is
NOW, THERE
Weld County, Col
Pursu- . : orkf
of Co . rado, a
the I -partm
Develo• ant
Unemplo e
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OR- BE I
-do, the M
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and a Co
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, pursuant to
e authority of
of Understanding for
Opportunity Act (WIOA)
h the Board of County
man Services, Employment
Colorado Department of Labor
encing July 1, 2023, and ending
stated in said memorandum of
dvisable to approve said memorandum of
d incorporated herein by reference.
ED by the Board of County Commissioners of
m of Understanding for Service Delivery Agreements
ortunity Act (WIOA) among the County of Weld, State
f County Commissioners of Weld County, on behalf of
, Employment Services of Weld County, Workforce
rado Department of Labor and Employment, Division of
hereby is, approved.
BE IT RTHER - ' OLVED by the Board that the Chair be, and hereby is, authorized
to electronically ign and . bmit said memorandum of understanding.
2023-2335
HR0095
MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS
PURSUANT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA)
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 9th day of August, A.D., 2023, nunc pro tunc July 1, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
ddtif„,)
Weld County Clerk to the Board
BY: 1Yl • 11-)A/1 tdTz-t1-
Deputy Clerk to the Board
AP '►VED
County At rney
1-g. 5
Date of signature:
Mik eeman, Chai
err v L. Bu . Pro-Tem
cbtt K. James
D. Ross
aine
2023-2335
HR0095
Nn-vackIDi+ IZgZ,
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: July 25, 2023
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Weld County Workforce Development Board
(WCWDB) and Employment Services of Weld
County (ESWC) Memorandum of Understanding
with the Colorado Department of Labor and
Employment (CDLE), Division of Unemployment
Insurance (DUI)
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval of the Weld County Workforce Development Board (WCWDB)
and Employment Services of Weld County (ESWC) Memorandum of Understanding with
the Colorado Department of Labor and Employment (CDLE), Division of Unemployment
Insurance (DUI). The purpose of the Memorandum of Understanding (MOU) is to re-establish
an agreement between the parties concerning respective roles and responsibilities for
implementation of the provisions of Section 121(c) of the Workforce Innovation and Opportunity
Act of 2014. The parties' performance under the MOU shall commence on July 1, 2023 and shall
terminate June 30, 2026 unless previously terminated or updated by one of the parties pursuant to
the terms of the MOU.
I do not recommend a Work Session. I recommend approval this MOU and authorize the Chair
to sign.
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve
Recommendation
Schedule
Work Session Other/Comments:
Pass -Around Memorandum; July 25, 2023 - CMS ID TBD
Page l
2023-2335
g/ q i-112009 5
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