HomeMy WebLinkAbout20232077.tiffMariah Higgins
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Sent:
To:
Cc:
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Attachments:
Good afternoon CTB,
Windy Luna
Wednesday, July 12, 2023 3:49 PM
CTB
HS -Contract Management
COMMUNICATION ITEM: Job Corps MOU Termination Letter (Tyler ID# 2022-2986)
7.5.23 Job Corps MOU Termination Letter.pdf; Job Corps MOU Combined (e).pdf
Attached please find a Termination Letter from Management & Training Corporation. The Termination Letter is
requesting to terminate this MOU on August 31, 2023. This MOU is set to expire on September 30, 2023. OM
This Agreement is known as Tyler ID# 2022-2986, and we
had called this the Job Corps MOU.
Please let me know if you need any further information.
Thank you,
Windy Luna
Contract Administrative Coordinator
Weld County Dept. of Human Services
315 N. 11th Ave., Bldg A
PO Box A
Greeley, CO 80632
(970) 400-6544
(970) 353-5212
®w1una@weld.gov
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have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure,
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named recipient is strictly prohibited.
COMi1Aun;Co,+ ons
0-7/24/23
2023-2077
H %oo45
Management
1111 & Training
Corporation
A Leader in Social Impact
July 5, 2023
Board Chair
Weld County Workforce Development Board
c/o Ruth DeBoer
315 N. 11 Avenue, Bldg. B
Greeley, CO 80631
Karina Amaya-Ragland
Workforce Director
Employment Services of Weld County
315 N. 11 Avenue, Bldg. B
Greeley, CO 80631
Procurement Official
Colorado Department of Labor and Employment
633 17th Street, 11th Floor
Denver, CO 80202
RE: Termination of Memorandum of Understanding for Service Delivery
Agreements between Weld County Workforce Development Board,
Employment Services of Weld County, and Management & Training
Corporation pursuant to the Workforce Innovation and Opportunity Act
(WIOA) (the "MOU")
On June 16, 2023, Management & Training Corporation ("MTC") received notice that the
U.S. Department of Labor ("DOL") was not exercising its annual option to extend its
contract with API for the operation of the Wind River Job Corps Center, and that the
contract would therefore be terminating effective August 31, 2023. Enclosed is a copy of
the notice API received from DOL and forwarded to MTC. In light of DOL's termination of
the contract, MTC's subcontract with API relating to the provision of outreach and
admissions and career transition services ("OA/CTS") in support of the Wind River Job
Corps Center will also terminate effective August 31, 2023. Accordingly, pursuant to
Section III(A)(1) of the MOU, MTC hereby provides notice that it intends to terminate the
MOU effective August 31, 2023._1
MTC has submitted a proposal to DOL to assume full operation of the Wind River Job Corps Center pursuant
to a new IDIQ contract. In the event MTC is the awarded the IDIQ contract, MTC would be in a position to
rescind this termination notice.
Po Box 10 5(a) North Marketplace Dr. Centers ille. UT 84014
Direct: (801, 693-2600 1 li-mail: Iegal6 mtctrains.com 1 www.nuctrains.com
Sincerely,
Michael P. Petrogeorge
Vice President & General Counsel
From: Jennifer Hansen<jhansen@alternateperspectives.org>
Sent: Friday, June 9, 2023 3:59 PM
To: Jeffrey Barton <Jeffrey.Barton@mtctrains.com>
Subject: FW: Wind River Option Letter
From: Daniels, Marsha - OASAM OSPE <Daniels,Marsha.2(uldol.gov>
Sent: Friday, June 9, 2023 2:30 PM
To: Jennifer Hansen<jhansen(faiternateperspectives.org>
Cc: Krist, Marisol O - OASAM OSPE <Krist,Marisol,G(@dol.gov>; Cook, Scott P - OASAM OSPE CTR
<Cook.Scott.Pfuldol,gov>; Osborn, John - ETA <osborn.john(@dol.gov>; Roberts, James E - ETA
<roberts james.eWdol.gov>; Hicks -Butler, Vickie - ETA <Hicks-Butler.Vickie(Stdol.gov>
Subject: Wind River Option Letter
Dear Ms. Hansen,
Please see the attached letter regarding JCAS' decision on the Option Renewal for the Wind
River JCC.
Feel free to contact me if you have any questions.
Sincerely,
Marsha Daniels
Marsha G. Daniels
Contracting Officer
Office of the Senior Procurement Executive
Office of the Assistant Secretary for Administration
and Management (OASAM)
U.S. Department of Labor
Daniels.marsha.2@dol.gov
Mobile: 703-346-4346
U.S. Department of Labor
June 9, 2023
Ms. Jen Hansen
Alternate Perspectives Inc.
209 Browns Meadow Ct NE
Leesburg,,VA 20176
Office of the Senior Procurement Executive
Office of the Assistant Secretary for Administration and Management
Washington, D.C. 20210
SUBJECT: Wind River Job Corps Center - Contract No. 1605JW-20-C-0001
_ _ Dear Ms.Hansen:_
This letter is to inform you of the Government's intent to not exercise the second option of the
contract named above, slated to begin September 1, 2023, in accordance with contract clause 52.217-
9, Option to Extend the Term of the Contract.
Should you have any questions regarding this letter, please contact Marsha Daniels, Contracting
Officer at Daniels.marsha.2@dol.gov.
Sincerely,
JILLIAN f``Digi�tAalNlysig by
MATZ ,/l i:n:2,2=7
Jillian Matz
Contracting Officer
Weld County Workforce Development Board
MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS
Between
Weld County Workforce Development Board, Employment Services of Weld County
And
Management & Training Corporation
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 Management & Training Corporation,
for the use and benefit of the Job Corps Program, (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 an 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 an 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); (a) 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 Section 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
Section 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 Section' 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
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.
02Maz2 -u9 $C-
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) October 1, 2022, or (b) the
date this MOU becomes fully executed (the 'Effective Date'). This MOU shall remain in effect until
September 30, 2023, 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 a 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
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
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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
Pales 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 LW0B, CEO, and the remaining Partners.
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.
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(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 III.B.(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/Funding
(1) WIOA Section 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 111.8., 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 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.
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(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. The Parties shall not share another Parties', confidential data unless
allowed by state, and federal law, rules, regulations, and waivers. 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
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
Page 5 of 10
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. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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
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do Ruth DeBoer
315 N 11 Avenue, Bldg. B
Greeley, CO 80631
For Party 2: Karim Amaya-Ragland
Workforce Director
Employment Services of Weld County
315 N 11 Avenue, Bldg. B
Greeley, CO 80631
For Party 3: Jeffrey Barton
Sr. Vice President, Education and Training, Job Corps Operations
Management & Training Corporation
500 N. Market Place Dr.
PO Box 10
Centerville, UT 84014
And copies to: Procurement Official
Colorado Department of Labor and Employment
633 17th Street, 11th Floor
Denver, CO 80202
303-318-8054
M. 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.
N. 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.
O. 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.
P. Counterparts: This MOU may be executed in multiple identical original counterparts, all of which
shall constitute one agreement.
Q. 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.
R. 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.
S. 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
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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.
T. 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.
U. 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. Contractor has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with
the performance of Contractor's services and Contractor shall not employ any person having such
known interests.
V. 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:
(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 Section 188,
(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,
Page 8 of 10
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
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 certfies 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:
Page 9 of 10
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:
4t 1h fiigitOir
Zach Huston (Oct 17, 2022 06:44 MDT)
Oct 17, 2022
Zach Huston Date
Chair, VV,pld County Workforce Development Board
Scott B. James
Chair, Board of Weld County Commissioners
Weld County, Colorado
OCT 2 6 2022
Date
Oct 17, 2022
Jeffrey Barton Date
Sr. Vice President, Education & Training, Job Corp
Page 10 of 10
Exhibit A — Scope of Services
Employment Services of Weld County
Name of One Stop Partner: Job Corps
Type of Program: Title I, Chapter IV, Subtitle C
Address, City, State, Zip Code: 500 N. Market Place, Centerville, UT 84014
Telephone: 801.693.2600
Email Address: Jeffrev.barton(fmtctrains.com
Website: https://www.mtctrains.com
Scope of Services
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.
Job Corps staff are strategically assigned within local areas to serve eligible
persons with significant barriers to employment. When appropriate, Job Corps staff
are co -located within at least one Comprehensive One -Stop Center in the local
area. The placement of staff is determined by Job Corps and the Weld County
Workforce Center, hereinafter referred to as the American Job Center (AJC).
The Job Corps staff are co -located with the Workforce Innovation and Opportunity
(WIOA), Temporary Assistance for Needy Families, and Employment First
(Supplemental Nutrition Assistance Program), staff. This streamlines the provision
of intensive and individualized career services to eligible persons, promotes
program co -enrollments, and facilitates collaboration between the case managers
also known as navigators. Job Corps Specialist may conduct meetings at the
workforce satellite office(s) as approved by the AJC.
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.
The AJC will follow all applicable Federal, State, and local laws to ensure that the
needs of workers, youth, and individuals with barriers to employment, including
individuals with disabilities are addressed. Workers, including Job Corps staff, will
be provided a fully functional, ergonomically designed workstation, including any
necessary reasonable accommodations consistent with the AJC staffing policies
for staff with similar function and work duties and in accordance with other Federal
and State guidance and agreements.
1
Exhibit A — Scope of Services
Employment Services of Weld County
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, which will be available at other locations, and the
frequency of program staffs physical presence in the locations.
It is the responsibility of the AJC Wagner-Peyser and WIOA staff to provide
services to all businesses and job seekers. In the absence of Job Corps staff, the
AJC will ensure delivery of appropriate basic and individualized career services to
eligible persons with significant barriers to employment.
Job Corps staff assist eligible youth to connect to the labor force by providing
them with intensive social, academic, career and technical education, and
service -learning opportunities, in primarily residential centers, in order for such
youth to obtain secondary school diplomas or recognized postsecondary
credentials leading to successful careers, in in -demand industry sectors or
occupations or the Armed Forces, that will result in economic self-sufficiency and
opportunities for advancement; or enrollment in postsecondary education,
including an apprenticeship program; and support responsible citizenship.
b. 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.
r Program Services:
Preliminary Services
Services Requiring
Eligibility
Training Services
Employer Services
Public Information
B
Enrollment or Registration
0 Financial Assistance for
Training
x
Job Listing
Outreach, Recruitment
X
Diagnostic Assessment
x Occupational Sks
Trainiillng
x
x
Candidate Screening
Determination of
Program
Appropriateness for
Customer
X
Individual Self -Sufficiency
or Employment Plans
x
On -the -Job Training
x
x
Candidate Testing
Orientation
X Counseling: Group or
Individual
x Skills Upgrading
x
Job Referrals x
Resource Center
R Case Management
x Re Training
x
Space for Job x
Interviews
Initial Assessment
X Basic Education, Literacy
Training, GED Training
x Entrepreneurial
Training
x
Labor Market x
Information
Workshops
X English as a Second
Language Training
x
Apprenticeship Training
x
Local Economic x
Development
Information
2
Exhibit A — Scope of Services
Employment Services of Weld County
Career Information
x
Computer Literacy
Training
x
Customized or
Workplace Training
R R
Employer Incentives
Labor Market
Information
a
Job Readiness Training
X
Work Experience,
Internship (including
Summer Jobs)
R R
Employer Seminars
Job Search Skills &
Information
x
Life Skills Training
X
B
Job Fairs
Job Referrals
B
Supportive Services
X
Services to Laid Off B
Workers
Follow -Up
B
Post -Employment or Job
Retention Services
X
Outplacement Services
p B
Eligibility Determination
a
Tutoring, Study Skills
Training
X
Job Analysis B
Leadership Development
Activities
X
Focus Groups B
Mentoring
X
Alternative Secondary
School
x
c. 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 -Stop Center Services:
Preliminary Services
Services Requiring
Eligibility
Training Services
Employer Services
Public Information
B Enrollment or Registration
X Financial Assistance for
Training
X
Job Listing B
Outreach, Recruitment
B Diagnostic Assessment
X Occupational Skills
Training
X
Candidate Screening B
Determination of
Program
Appropriateness for
Customer
Individual Self -Sufficiency
X
or Employment Plans
B On -the -Job Training
X
Candidate Testing X
Orientation
B counseling: Group or
Individual
R Skills Upgrading
X
Job Referrals B
Resource Center
X Case Management
B Re -Training
X
Space for Job X
Interviews
Initial Assessment
B Basic Education, Literacy
Training, GED Training
x Entrepreneurial
Training
X
Labor Market B
Information
Workshops
English as a Second
B Language Training
R Apprenticeship Training
X
Local Economic
Development B
Information
Career Information
B Computer Literacy
Training
x Customized or
Workplace Training
X
Employer Incentives B
Labor Market
Information
B Job Readiness Training
Work Experience,
B Internship (including
Summer Jobs)
X
Employer Seminars B
3
Exhibit A — Scope of Services
Employment Services of Weld County
Job Search Skills &
Information
B Life Skills Training
B
Job Fairs B
Job Referrals
B Supportive Services
B
Services to Laid Off B
Workers
Follow -Up
B Post -Employment or Job
Retention Services
B
Outplacement Services X
Eligibility Determination
B Tutoring, Study Skills
Training
x
Job Analysis B
Leadership Development
Activities
X
Focus Groups X
Mentoring
X
Alternative Secondary
School
x
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 Job Corps funded staff work collaboratively in conjunction with the AJC staff
to provide services to eligible persons. The AJC uses the Colorado Department of
Labor and Employment management information system to track referrals and
related activities. WIOA program participants sign a release of information, which
co -located partners may use to share information. Other referrals between
programs will follow Federal, State, and local policy, procedure, and guidance.
4
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
Name of One Stop Partner: Job Corps
Type of Program: Title I, Chapter IV, Subtitle C
Address, City, State, Zip Code: 500 N. Marketplace Dr, Centerville, UT 84014
Telephone: 801.693.2600
Email Address: Jeffrev.barton mtctrains.com
Website: https://www.mtctrains.com
Infrastructure Funding Agreement
The sharing and alocation 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)
Colorado Works (Temporary Assistance to Needy Families recipients)
Community Educational Outreach and Intervention Community Corrections of
Weld County
Community Services Block Grant
Division of Unemployment Insurance
Division of Vocational Rehabilitation
Immigrant and Refugee Center of Northern Colorado
Jobs for Veterans State Grant Program
Migrant Seasonal Farm Worker
Rocky Mountain Service Employment Redevelopment
Service Employment Redevelopment (SER) — Jobs for Progress National, Inc.
Wagner-Peyser
II. 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
expenditures, for the programs of the Workforce Center are reported as a separate
1
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
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.
Job Corps funding does not supplant other United States Department of Labor funded
programs. Job Corps staff only provide services to eligible individuals as defined in
Public Law 113-128, Workforce Innovation and Opportunity Act. In the absence of Job
Corps staff, Weld County staff will ensure delivery of appropriate basic and
individualized career services to eligible individuals with significant barriers to
employment.
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. Job Corps chooses to physically co -locate
at the comprehensive one -stop center in Greeley.
In addition to required utilities and common space, to include conference room
usage, Weld County will provide a designated office, dual monitors, access to
the Internet and copy machine, and check -in services at the front desk at its
Greeley location.
Co -located personnel may utilize the Fort Lupton office drop -in space.
Co -located personnel will be offered the opportunity to attend Department and
Division -wide events, which will be communicated through functional
supervision provided by the Workforce Deputy Director.
The infrastructure costs budget for the one -stop system in Weld County includes the
following, agreed upon line items.
• $12,890.27
Weld County derives cost from Wagner Peyser Supplies, Purchased Services and
Fixed Charges, detailed in the Weld County Annual Budget.
IV. Additional Costs
Non -applicable
V Payment and Reconciliation
2
Exhibit B - Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
Annual payment via check to Employment Services of Weld County will be made no
later than sixty (60) days after the execution of this agreement.
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.
zach hiitto t
Zach Huston (Oct 17, 7079 06:44 MOT)
Zach Huston
Chair, Weld County Workforce Development Board
Jeffrey Barton
Sr. Vice President, Education & Training Job Corps
3
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