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Home My WebLink About20232335.tiffRESOLUTION 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 HomeRul administering the affairs of Weld County, Colora WHEREAS, the Board has been present Service Delivery Agreements Pursuant to Workfor among the County of Weld, State of C moo, 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 do, Pursu- . = orkf rce of Co . rado. a the Develo Unemplo e Board ache haM Innovation an and thro ep nt of oard, and t e, corn eing RY NITY ALLY , 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 the M oran• m of Understanding for Service Delivery Agreements nnovation nd Opportunity Act (WIOA) among the County of Weld, State ough th oar• •f County Commissioners of Weld County, on behalf of uma Servi , Employment Services of Weld County, Workforce and�he Co rado Department of Labor and Employment, Division of be, a - 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: Weld County Clerk to the Board BY: 1Y4 • 1AQA(erz-k. Deputy Clerk to the Board AP vVED County At •"rney Date of signature: ICI 15 Mik eeman, Chai 6,(e - err L. Bu Pro-Tem c tt K. James D. Ross aine 2023-2335 HR0095 Cor+vDtc+1DlZ9Z 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-Tem 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 1 2023-2335 S19 i-1120CA 5 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 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 Page 1 of 11 -,2356 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 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 Page 2 of 11 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. 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. Page 3 of 11 (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 III.B(1) above. Should the need arise, the Parties may review the MOU on a more frequent basis and if substantial changes have occurred, amend the MOU to ensure appropriate funding and delivery of services. Weld County shall initiate and oversee periodic review(s). (3) The Parties may modify an exhibit attached to this MOU without written amendment to the MOU; provided, however, that no such modification to an exhibit shall result in or be binding on the Parties if the modification requires an increase to 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 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. (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. Page 4 of 11 (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 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 11 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. Third -Party Beneficiary: The enforcement of the terms and conditions of this MOU and all rights of action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any non -Party. It is the express intent of the Parties to this MOU that any person receiving services or benefits under this MOU shall be deemed an incidental beneficiary only. J. Assignment: The Parties' rights and obligations hereunder are personal and may not be transferred, assigned, or subcontracted without the prior written consent of the 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 Page 6 of 11 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: For Party 2: For Party 3: And copies to: Board Chair Weld County Workforce Development Board do Ruth DeBoer 315 N 11 Avenue Bldg. B PO Box 1805 Greeley, CO 80632-1805 Karina Amaya-Ragland Workforce Director Employment Services of Weld County 315 N 11 Avenue Bldg. B PO Box 1805 Greeley, CO 80632-1805 kamavaWco.weld.co.us Phil Spesshardt Director Colorado Department of Labor and Employment Division of Unemployment Insurance 251 E. 12. Avenue Denver, CO 80203 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 Division of Unemployment Insurance 251 E. 12. Avenue Denver, CO 80203 303-318-9330 Rita.sanchezastate.co.us 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 Page 7 of 11 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 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), Page 8 of 11 (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 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 Page 9 of 11 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 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. Page 10 of 11 IN WITNESS, WHEREOF the Parties hereto have duly executed this MOU as of the latest day, month and year written below. ATTEST: ade Aug 2, 2023 Bill Johnson Date Chair, Weld County Workforce Development Board Mike Freeman, Chair Board of County Commissioners Weld County, Colorado Phil Spesshardt Division Director, Unemployment Insurance Colorado Department of Labor and Employment Date Date 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: Tammy Nelson, CPA State Controller Delegate Effective Date: Page 11 of 11 020,2,5-,255 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.qov/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 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 Exhibit A — Scope of Services Employment Services of Weld Coun Job Search Skills & Information Life Skills Training Job Fairs Job Referrals Supportive Services Services to Laid 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 -Stop 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 Exhibit A — Scope of Services Employment Services of Weld County 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 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 1 Exhibit B — Infrastructure Funding Agreement (IFA) Employment Services of Weld County 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 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 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. de Bill Johnson Chair, Weld County Workforce Development Board 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: Pauline 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: CBJCHBCAABAAsfosIKZWRnpAdQK__K2L1HxAluoj5tru3 "SIGNATURE REQUESTED: WIOA CDLE DUI MOU with Exhibi is A & B" History n Document created by Windy Luna (wluna@co.weld.co.us) 2023-08-02 - 5:00:58 PM GMT , 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 d© 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 Powered by Adobe Acrobat Sign Contract Form New Contract Request Entity Information' Entity Name' Entity ID' COLORADO DEPARTMENT OF LABOR & x00010497 EMPLOYMENT Contract Name' CDLE DUI MOO (WCWDB, ESWC AND DUI) Contract Status CTB REVIEW Contract ID 7292 Contract Lead' WLUNA ❑ New Entity? Parent Contract. ID Requires Board Approval YES Contract Lead Email Department Project # wiuna�iveldgov.corn;cobbx xlk. weldgov.coot Contract Description' COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF UNEMPLOYMENT INSURANCE MEMORANDUM OF UNDERSTANDING (WCWDB, ESWC AND DVRI. TERM JULY 1, 2023 THROUGH JUNE 30, 2026. —DOCUSIGN Contract Description 2 APPROVED PA SENT TO CTB 07120; 2023. Contract Type' AGREEMENT Amount' 90.00 Renewable' NO Automatic Renewal Grant ICA Department HUMAN SERVICES Department Email CM- HumanServicesweldgov.co Department Head Email CM-HumanServices- LMeHtHead i weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTJRNEYrWELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a NSA enter NSA Contract ID Note: the Previous Contract Number and Maste OnBase Requested BOCC Agenda Date' 03; 16,2023 Due Date 08:12,2023 Will a work session with BOCC be required?' NO Does Contract require Purchasing Dept. to be included? Agreement Number should be left blank if those contracts ate not in Contract Dates Effective Date Review Date 04,30=2024 Renewal Date Termination Notice Period Contact Information Committed Delivery Date Contact Info Contact Name Contact Type Contact Email Purchasing Purchasing Approver Approval Process Department Head Finance Approver JAMIE ULRICH CHERYL PATTELLI Expiration Date. 06"30:2026 Contact Phone I Contact Phone 2 Purchasing Approved Date Legal Counsel BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08(02='2023 08,'03x2023 08'03=2023 Final Approval B©CC Approved BOCC Signed Date BOCC Agenda Date 08:09:2020 Originator WLUNA Tyler Ref * AC 080923 Hello