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Home My WebLink About20232545.tiffRESOLUTION RE: APPROVE REVISED EXECUTIVE SUMMARY AND CONTRACT APPROVAL FOR MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS PURSUANT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA), AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY, AND RESCIND RESOLUTION #2023-2239, DATED AUGUST 2, 2023 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 2nd day of August, 2023, by Resolution #2023-2239, the Board approved a Memorandum of Understanding for Service Delivery Agreements Pursuant to Workforce Innovation and Opportunity Act (WIOA) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, Workforce Development Board, and the Colorado Department of Labor and Enforcement, Division of Vocational Rehabilitation, and WHEREAS, the Board has been presented with a Revised Executive Summary and Contract Approval for Memorandum of Understanding for Service Delivery Agreements Pursuant to Workforce Innovation and Opportunity Act (WIOA) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, Workforce Development Board, and the Colorado Department of Labor and Enforcement, Division of Vocational Rehabilitation, commencing July 1, 2023, and ending June 30, 2026, with further terms and conditions being as stated in said revised contract, and WHEREAS, after review, the Board deems it advisable to approve said revised contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Weld County, Colorado, that Resolution #2023-2239, dated August 2, 2023, for a Memorandum of Understanding for Service Delivery Agreements Pursuant to Workforce Innovation and Opportunity Act (WIOA), be, and hereby is, rescinded. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Revised Executive Summary and Contract Approval for Memorandum of Understanding for Service Delivery Agreements Pursuant to Workforce Innovation and Opportunity Act (WIOA) between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Employment Services of Weld County, Workforce Development Board, and the Colorado Department of Labor and Enforcement, Division of Vocational Rehabilitation, be, and hereby is, approved. cc: HSD oq /2g/23 2023-2545 HR0095 REVISED EXECUTIVE SUMMARY AND CONTRACT APPROVAL FOR MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS PURSUANT TO WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA), AND RESCIND RESOLUTION #2023-2239, DATED AUGUST 2, 2023 PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to electronically sign and submit said revised memorandum of understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of August, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: de,ij+t�D•t� Weld County Clerk to the Board eputy Clerk to the Board AP OV 7VCounty Attorney Date of signature: oq/12/ 2023-2545 HR0095 Cor4vacF Lhk--639 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Memorandum of Understanding (MOU) between Weld County Workforce Development Board (WCWDB), Employment Services of Weld County (ESWC) and Division of Vocational Rehabilitation (DVR) DEPARTMENT: Human Services DATE: August 22, 2023 PERSON REQUESTING: Jamie Ulrich, Director, Human Services Brief description of the problem/issue: The original version of this MOU reestablished respective roles and responsibilities for implementation of the provisions of Section 121(c) of the Workforce Innovation Opportunity Act (WIOA), and was approved by the BoCC on August 2, 2023. Prior to signing the MOU, the State requested changes that are itemized below. The changes that were made are: • Inserted the CRN (Contract Record Number) in Header of main body of MOU. • Signatory change for the State Controller Delegate in the main body of the MOU. • Removal of the SCD signatory on Exhibit B (not needed). What options exist for the Board? • Approval of the revised Memorandum of Understanding (MOU) between Weld County Workforce Development Board (WCWDB), Employment Services of Weld County (ESWC) and Division of Vocational Rehabilitation (DVR) • Deny approval of Memorandum of Understanding (MOU) between Weld County Workforce Development Board (WCWDB), Employment Services of Weld County (ESWC) and Division of Vocational Rehabilitation (DVR) Consequences: There would not be an agreement with the State of Colorado. Impacts: Grant funding from the Division of Vocational Rehabilitation may not be awarded to Employment Services of Weld County, negatively affecting Weld County clients. Costs (Current Fiscal Year I Ongoing or Subsequent Fiscal Years): • Financial information = DVR shall make no cash funded payments under this MOU, but through a separate lease agreement. This funding requires a state expenditure match of 21,3% to the federal portion of 78.7%. • Funded through WIOA Grant funding. Pass -Around Memorandum; August 22, 2023 - CMS ID 7339 2023-2545 8/30 -ocR5 Recommendation: • Approval of the Memorandum of Understanding (MOU) between Weld County Workforce Development Board (WCWDB), Employment Services of Weld County (ESWC) and Division of Vocational Rehabilitation (DVR) and authorize the Chair to sign electronically. Su000rt Recommendation Schedule Place on BOCC Mende Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Seine g6 ‘"AE DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493 COLORADO Dnenetm.ns of Labor and Employment Purpose: Executive Summa /Contract A roval Vendor Name: Weld County obo Workforce Development Board PCS Contract Owner: .lames Ponder Routing No: 8554 PCS Director: Renee Kennedy CORE #: n/a CORE Type: N/A Agreement Name: WIOA One -Stop MOU Division Owner: Nancy Bustad Division: KAVA Routing Date: 08/06/2023 New/Amendment: New Agreement Agreement Type: External Agreement Vendor Selection Method: History: Original Contract Value: Value of this Transaction: Scope Value Increase/Decrease: Contract Start Date: In accordance with the WIOA §121, this local MOU has been developed and executed by the Workforce Board, with the agreement of the LEO Board, and with each One -Stop Partner that describes the operation of the one -stop delivery system in the Workforce Area and the individual sub -areas (the "Sub -Areas") that comprise the Workforce Area. Determination Selection # if Competitive: Date Sole Source Signed by PCS Director:) Date Special Circumstance Approved by DPA: Date of Emergency Declaration: n/a $0.00 $0.00 Current Contract Value: New Total Value of Contract: $0.00 $0.00 n/a 07/01/2023 Waivers/Pre-approvals Obtained: Cost Savings: Were there changes from the template contract language? No Does this agreement have an IT component? No Current Contract End Date: 06/30/2026 Maximum Contract End Date: 06/30/2026 n/a n/a n/a n/a Revision Date 9/8/2022 Page 1 of 2 DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493 a COLORADO Department of Labor and Employment Executive Summary/Contract Approval Vendor Name: Weld Coun obo Workforce Develo ment Board PCS Contract Owner: James Ponder Routin No: 8554 PCS Director: Renee Kennedy CORE #: n/a CORE T e: N/A Agreement Name: WIOA One -Stop MOU Div. Contract Owner: Nancy Busted Division: KAVA Date: 08/06/2028 New/Amendment: New Agreement Agreement Type: External Agreement Required Contract Reviewer Initials/Date Comments Business Unit Representative or Program Contract Mgr: ,—°S 8/9/2023 ✓ Nancy Busted I PCS Functional Unit Supervisor ` A 8/9/2023 I James Ponder I PCS Unit Director: c m� , # 8/9/2023 ✓ Renee Kennedy I Personal Services Review: CORE Codin Check by Program Accountant: ❑ OIT (for all IT and telephony): Includes the OIT required internal approvals I ❑ Program Budget Analyst: I ❑ Counter Party: Weld Co Partners I ❑ Non-CDLE Approvers : I Executive Director or Delegate: 0 Kristin Corash d State Contro: Deleg;:semeyer 0 Kel ❑ O OIT Approvals - Executive Director / OIT Controller: I ❑ Central Approvers: I RETURN FOLDER TO: Revision Date 9/8/2022 Page 2 of 2 Do�uSign Envelope ID: DOC4CAF9-6E9G480F,AFF0-7D29837E4493 - eminder: DVR KAVA Requisition Request Form #2549 Needs Your Review STATE OF COLORADO Ponder - CDLE, James <james.ponder@state.co.us> Reminder: DVR KAVA Requisition Request Form #2549 Needs Your Review 1 message Requisition Request, CDLE PCS RQS <cdle_pcs_rqs@state.co.us> To: james.ponder@state.co.us REQUEST #2549 I RECIPIENTS : 5 of 9 I JUL 27, 2023 Requisition Request Form Sun, Aug 6, 2023 at 4:05 AM This form is ready to be assigned to PCS for action. Please set up the assignment in Salesforce and take action on the form to complete. Thank you. You have been requested to approve the following: Requestor: Full name of Requestor: Full name of Project Manager: Supervisor email: Select your Division/Unit: Provide a short title for this request: Brief description of request: Type of PCS action requested: nancy.bustad@state.co.us Nancy Bustad Kacey Seibert kacey.seibert@state.co.us DVR Weld County MOU 07.2023 to 06.2026 Please Review Document and Execute New Agreement: Purchase Order, Lease, Contract, etc. (No solicitation needed) Was this vendor selected using a solicitation? If yes, n/a provide solicitation type, solicitation RQS form number, award date, and solicitation number. If no, enter N/A: Upload agreement statement of work: File Upload 1 Provide your quote for costs or winning vendor File Upload 1 proposal: Is this request for the purchase of software?: No https://mail.google.com/mail/u/0/?ik=785757a046&view=pt&search=all&permthid=thread-f:1773473704309997228&simpl=msg-f: 1773473704309997228 1/3 DocuSign Envelope ID: D0C4CAF9-6E0C-480E-AFF0-7DD9837E4493 - ,eminder. DVR KAVA Requisition Request Form #2549 Needs Your Review Will this be under a state price agreement: No Will this be a contract for Data Access/Data No Extracting?: Is this a Special Circumstances procurement?: No Is this a Sole Brand?: No Is this a request for a Lease or Sublease?: No Legal Name of vendor and CORE VC Number: VC00000000014294 Weld County Vendor contact name (for general Ruth DeBoer, CWDP questions/negotiations): Vendor contact email address (for general questions/negotiations): Vendor contact phone number (for general questions/negotiations): Term of Project (beginning and end dates): rdeboer@weld.gov Office: 970-400-6752 Cell: 970-616-2672 07.01.2023 to 06.30.2026 Please provide ship to address: 5250 Hahns Peak Drive, Suite 120, Loveland, CO 80538 Total purchase costs: 0 Is this going to be a recurring cost'? (options to No renew/software subscriptions): Explain your previous answer: No Cost MOU Funding Types: No Cost MOU If your answer included Federal Funds, please read no the below linked memo to see if you need to complete the Subrecipient vs Contractor Determination Form. Do you need to complete this form?: State Fiscal Year: Unknown Coding: Fund Code: Department Code: Unit Code: Sub Unit: SFY 2024, 2025, 2026 N/A 1000 KAVA 7101 7RG3 https://mail.google.com/mail/u/0/?ik=785757a046&view=pt&search=all&permthid=thread-f:1773473704309997228&simpl=msg-f: 1773473704309997228 2/3 DocuSign Envelope ID: D0C4CAF9-6E9C-480F�AFF0-7DD9837E4493 _ ,.eminder: DVR KAVA Requisition Request Form #2549 Needs Your Review Appropriation Unit Code: KFABQ7100 Object Code: 2820 Location Code: LVLD Program: VOPER23 Program Period: FFY23 Commodity Code: n/a $ Amount to be Encumbered Under this Coding 0 Only: Will you utilize more than one accounting string?: No Provide any additional information necessary to n/a complete this request: Vendor contact name (legal signer for contracts): Ruth DeBoer, CWDP Vendor contact email address (legal signer for contracts): Please route for signatures to bocc- contracts@co.weld.co.usforthe Bocc Chair's signature, and cc HS- ContractManagement@co.weld.co.us Requestor Email: nancy.bustad@state.co.us Approval history In progress Approved by kacey.seibert@state.co.us Approved by augusta.klimek@state.co.us Approved by cdle_budget_office@state.co.us Approved by cdle_dvr_accounting@state.co.us with comment: "Accounting Approve - MAF - Coding looks good" Respond to the request This is an automated email sent by formapprovals.com; do not reply to or forward this email. You are receiving this email because you are a workflow participant of this request. Your form administrator is cdle_pcs_rgs@state.co.us https://mail.google.com/mail/u/0/?ik=785757a046&view=pt&search=all&permthid=thread-f:1773473704309997228&simpl=msg-f: 1773473704309997228 3/3 DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493 AUTOMATIC RISK ASSESSMENT FORM CORE # CRN# Contract Type Vendor Name N/A 8554 WIOA One -Stop MOU Weld County Instructions: PCS Contract Managers should complete this form for each contract or contract modification (including option letters and task orders) and include a copy of the completed form in the contract file. Check all boxes that apply to your contract or contract modification. If a contract or contract modification falls into more than one automatic risk category, use the following rules to make your automatic risk determination: (1) High Risk and Low Risk = High Risk (2) High Risk and No Risk = No Risk (3) Low Risk and No Risk = No Risk (4) High Risk, Low Risk and No Risk = No Risk Check all that apply Automatic High Risk Categories Contracts and contract modifications that fall within the following categories shall always be determined to be high risk unless it also falls within one of the automatic no risk categories. Certificates of participation for shares of lease revenues. Contingency contracts, as defined in CRS §24-17-203. Contracts and modifications that are subject to a Statutory Violation that has not been ratified. Contracts concerning the operation of prisons. Contracts containing a limitation of liability, including limits on actions for which the contractor is liable, limits on the dollar amount of damages, the types of damages, the source of damage payments, or some combination thereof, unless OSC has determined the limitation of liability does not make the contract automatic high risk in writing. Contracts containing modifications to provisions that require a fiscal rule waiver, such as changes to the special provisions, unless OSC has determined the fiscal rule waiver does not make the contract automatic high risk in writing. Contracts where a party is a Native American tribe, unless on an unchanged OSC model contract form specifically designed for use with that Native American tribe. Dangerous activities contracts for services that are inherently dangerous that me likely to result in strict liability if the activity causes harm or that can cause significant harm even if performed properly. Debt collection contracts associated with any services for the collections or recovery of amounts due to the State. Employee voluntary separation agreements for either classified or non -classified employees. Energy performance contracts under CRS §§24-30-2003. Federal government contracts with agencies of the federal government unless on an unchanged OSC model contract form. Financing contracts where a third party will provide financing to the State, such as where the third party provides a loan to the State or provides the initial funding money that the State will repay to the third party from later revenues. Financial systems contracts for the acquisition of new or the replacement of existing financial systems. DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7OO9837E4493 Legal issues contracts with technical legal issues requiring an opinion from the Colorado Attorney General. Lease purchase contracts. Hazardous materials contracts involving the handling, removal, treatment, movement, installation, and disposal of hazardous materials; any other materials, substances or wastes that are subject to increased liability under any state or federal environmental laws; or materials, substances or wastes that are dangerous instrumentalities. This does not include contracts for the discovery, analysis, study, and review of such materials. Information technology services contracts, except for purchases of consumer off- the -shelf software licenses, maintenance agreements for consumer off -the -shelf software or licenses to access databases or web content. This rule also applies to contracts for information technology goods if they are provided in conjunction with services. Master contracts by the Department of Personnel and Administration for the entire State (i.e, the RTD Eco Pass Program). Master task order contracts and task orders issued under those contracts. Outsource contracts as defined in Fiscal Rule 3-1. Settlement agreements that settle claims between the State and individuals and between the State and contractors. Statewide price agreement contracts and information technology enterprise agreements. Water rights contracts involving the purchase or sale of water rights. This does not apply to: 1) the purchase or sale of water rights and/or shares of stock in an irrigation district, a water district, a mutual ditch company, a water company, or similar entities included as part of or associated with the purchase or sale of real property; 2) participation in substitute water supply plans or in plans for augmentation of water resources; 3) the purchase or sale of fully consumable water. Check all that apply Automatic Low Risk Categories Contract and contract modifications that fall within the following categories shall always be determined to be low risk unless it also falls within a high risk or no risk category. Amendments that restate a contract to include all prior amendments and modifications in one updated document, that make changes required by and consistent with State law, that do not materially change the scope or requirements of the contract, or that reduce the scope and cost of the contract. X Contracts for a specific program for which CDLE has received prior written approval from OSC for a specific template agreement, and CDLE uses that template agreement without modification. This includes any contracts that were authorized under the State Controller Policy entitled "Phase I Waivers." Grant Funding Change Letters in compliance with the OSC Policy "Modification of Contracts — Tools and Forms." State-wide pre -approved contract forms, such as Office of the State Architect capital construction and controlled maintenance work authorizations, change orders, supplements, code reviews, and architect and engineering base agreements used without modification. Automatic High Risk contracts or contract modifications that OSC has determined in writing to be low risk or has granted us a waiver making low risk. If you select this category, include the waiver or written approval from OSC in the contract file. Check all Automatic No Risk Categories: Contracts and contract modifications that fall within the following categories shall always be considered to be no DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493 that apply risk regardless of whether the contract is also included as an automatic high risk or automatic low risk contract. Option letters used in accordance with the State Controller Policy entitled "Modification of Contracts —Tools and Forms," unless the contract the option letter modifies is subject to a Statutory Violation that has not been ratified (See State Controller Policy entitled "Statutory Violations"). Amendments that do nothing than more than the following, unless the contract that the amendment modifies is subject to a Statutory Violation that has not been ratified (See State Controller Policy entitled "Statutory Violations"): 1) extend the term of a contract at rates and for a maximum amount already included in the contract, so long as such extension does not exceed any term included in a solicitation that was used to procure the contract; 2) increase or decrease the quantity of existing goods or services under the contract at the rates already included in the contract, so long as such increase is in compliance with the requirements and limits included in a solicitation that was used to procure the contract; 3) authorize the beginning of a phase of the contract, so long as all requirements and payments for that phase are already included in the contract; and/or 4) modify contract rates as specifically described within a contract. Interagency Agreements where all parties are Agencies of the State or are State Institutions of Higher Education. This does not apply if any of the parties are separate authorities or other governmental entities or political subdivisions. Undetermined Risk Contracts and Contract Modifications Any contract or contract modification that is not automatic high risk, automatic low risk or automatic no risk contract shall be considered to be undetermined risk. If a contract or contract modification is considered to be undetermined risk, PCS should work with the program to complete either the "Risk Analysis for All New Contracts and Agreements" or the "Risk Analysis for all Modifications" form. PCS should make a final risk determination on the basis of the completed Risk Analysis form and include copies of both this form and the completed Risk Analysis form in the contract file. Name of PCS Representative: James Ponder Auto Risk Determination: Auto High Auto Low X Auto No Undetermined All low risk and no risk contracts and contract modifications should be routed to CDLE's controller delegate for signature. All high risk contracts and contract modifications should be routed to the Office of the State Controller for OSC's signature. CRN: 8554 Weld County Workforce Development Board MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS Between Weld County Workforce Development Board, Employment Services of Weld County And Division of Vocational Rehabilitation 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 Vocational Rehabilitation (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 Page 1 of 11 CRN: 8554 system as Partners, whether required or additional, must be Parties to this MOU and must abide by the terms prescribed herein and by all applicable federal, state, and local rules, plans, and policies as applicable to the Partner and authorized under the Partner's relevant legislation and in keeping with federal guidelines. WHEREAS, WIOA Section 121(b)(1)(A)(iv) indicates that the requirements of each Partner's authorizing legislation continue to apply under the local area of Weld County workforce system and that participation in the operation of the Employment Services of Weld County one -stop delivery system is in addition to the requirements of WIOA and other requirements applicable to each Partner under each authorizing law. NOW THEREFORE, this MOU identifies (1) the duration of the MOU as well as the procedures for amending it during the term or period covered by the MOU, (2) the specific services provided by the Partner, (3) the procedures used to refer individuals between the Partners for the provision of appropriate services and activities, and (4) the method by which the cost of these services will be allocated and shared, if applicable. I. TERM The Parties' performance under this MOU shall commence on the later of (a) July 1, 2023, or (b) the date this MOU becomes fully executed (the 'Effective Date'). This MOU shall remain in effect until June 30, 2026, unless previously terminated or updated by one of the Parties pursuant to the terms of this MOU. II. SCOPE This MOU is entered into by and between the Parties for the delivery of services within the one -stop system, including the coordination of service delivery and the referral of customers, for the Weld County area. WIOA §121(b) identifies both the required and the optional programs and activities that may be carried out by Partners in the Weld County area. A. One -Stop Partner Services: Exhibit A hereto sets forth the specific services that the Parties will provide in the Local Area in which the Partners operate. Exhibit A is attached hereto and incorporated herein by reference as if fully set forth herein. Beginning on the Effective Date and continuing throughout the term of this MOU, the Parties agree to work collaboratively to carry out the provisions of WIOA and this MOU and to provide the services set forth in its signed Exhibit A. Each Party agrees (1) to promptly notify the other Parties if, for any reason, the Party fails to provide or is unable to provide the services set forth in its signed Exhibit A and (2) to amend its Exhibit A in accordance with this MOU if, for any reason, Exhibit A no longer accurately or completely describes the services provided by the Parties. B. Cost Sharing 1. Negotiation of the Infrastructure Funding Agreement ('IFA') The Colorado Workforce Development Council ('CWDC"), with the authority of the Governor, provides that (a) each Partner that operates in the Local Area is required to begin contributing its Proportionate Share of the Total Costs of operating each comprehensive and affiliate one -stop center in the Local Area ('One -Stop Delivery System Budget'); (b) the cost sharing methodology must be decided by consensus agreement among the LWDB, the CEO, and all the Parties; (c) if any Party fails to agree to 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 Page 2 of 11 CRN: 8554 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 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 Page 3 of 11 CRN: 8554 (1) Except as specifically provided in this MOU, modifications of this MOU shall not be effective unless agreed to in writing by the Parties in an amendment to this MOU, properly executed and approved in accordance with applicable state and local laws, rules, and policies. (2) In accordance with 20 CFR 678.500(d) the Parties agree to review the terms of this MOU not less than every three (3) years following the Effective Date to reflect any changes in the delivery of services, signatory official of the Parties, or one -stop infrastructure funding. Each Party to this agreement shall inform the other of any such changes until such time the agreement is modified in accordance with Section 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 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 Page 4 of 11 CRN: 8554 the Weld County One -Stop Centers. If any such obligation is asserted against a Party, any resulting obligation shall extend only to federal funds received and budgeted for this MOU, appropriated annually, paid into the Treasury of the Party, and encumbered for the purpose of the MOU, if required. (4) None of the Parties, by this MOU, irrevocably pledges present case reserves for payments in future fiscal years. The MOU does not and is not intended to create a multiple - fiscal year direct or indirect debt or financial obligation for any Party. IV. ADDITIONAL PROVISIONS A. Record Maintenance and Inspection: Each Party shall make, keep and maintain a complete file of all records, documents, communications, notes and other written materials, and electronic media files, pertaining in any manner to the performance of this MOU until the later to occur of: (i) a period of three (3) years after the date this MOU expires or is earlier terminated, or (ii) the resolution of any pending disputes arising out of or relating to this MOU or the Parties' rights and obligations hereunder. This section shall be deemed to supplement and not replace any additional record maintenance and inspection requirements that a Party's funding authority or program may be bound by. All Parties shall continue to adhere to such other record maintenance and inspection requirements in addition to those set forth in this section. B. Confidentiality and Data Sharing: The Parties will have access to and contribute to information and materials of a highly sensitive nature, including confidential information. During the term of this MOU and at all times thereafter, Parties shall not collect, use or disclose any confidential information except to the extent such use or disclosure is necessary in the performance of this MOU. In accordance with but not limited to 20 CFR Part 603, 45 CFR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR 361.38, as well as applicable state and federal law, rules, regulations, and waivers, all Parties shall actively secure and share confidential participant information and records to the extent not prohibited by Federal law, state law, this MOU, and its exhibits and any other agreement to share data. Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all of these requirements. C. Dispute Resolution: If Parties disagree on the implementation of this MOU or the performance of services hereunder, the Parties or their representatives will attempt to resolve their disagreement through negotiation. If the Parties cannot reach a resolution through this negotiation, the LWDB will attempt to resolve the differences with the assistance of the Partner or representative. If the Parties' disagreements cannot be resolved at this level, the LWDB must report failure to resolve the dispute with a required partner to the local elected official, Governor, the CWDC, and the State agency responsible for administering the Partner's program. If the State in collaboration with the local elected official cannot assist the LWDB in resolving the disagreement, the CWDC must report the failure to the Secretary of Labor and to the head of any other Federal agency with responsibility for oversight of a Partner's program (20 CFR Part 678.510). D. Entire MOU: The Parties recognize and agree that no Party has made or authorized any understanding beyond that expressly set forth in the MOU, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either Party, or its agents or employees, hereto. This MOU embodies the entire agreement between the Parties 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 Page 5 of 11 CRN: 8554 the benefits of the provision, were it not invalid or unenforceable, shall have the option to terminate this MOU, forthwith. F. Independent Contractor The Parties recognize and agree that each Party is an independent contractor for all purposes, both legal and practical, in performing services under this MOU, and that each Party and its agents and employees are not agents or employees of the other Party for any purpose. As an independent contractor, each Party shall be responsible for employing and directing their own personnel and agents as is required to perform the services provided pursuant to this MOU, and shall exercise complete authority over its own personnel and agents, and shall be fully responsible for their actions. Each Party acknowledges that their agents and employees are not agents or employees of the other Party, for any purpose. Nothing in this MOU will be construed to make one Party an employee, franchisee, joint venturer, agent or Partner, of the other Party. No Party will represent itself to have any authority to bind any other Party to act on its behalf, except as expressly set forth herein. No Party will have the right to represent itself as having the authority to pledge the other Party's credit or extend credit in the other Party's name. No Party will have the right to execute any agreements in the other Party's name, or to bind the other Party in any way. The Parties acknowledge that they are not entitled to unemployment benefits or workers compensation benefits from the other Party, its elected officials, agents or any program administered or funded by the other Party. The Parties shall be entitled to unemployment coverage or workers compensation insurance only if unemployment compensation coverage or workers compensation coverage is provided by that Party's Program or some other entity that is not a Party to this MOU. G. Third Party Indemnification: To the extent permitted by law, each Party shall defend, indemnify and hold harmless the State and its officers and employees from any and all claims, liabilities or penalties suffered by the State or its officers and employees, and any and all claims, liabilities or penalties asserted against the State or its officers and employees, by or on behalf of any person, on account of, based on or resulting from, or arising out of (or claimed to have arisen out of) the acts or omissions of the Non -State Party. Notwithstanding the foregoing, nothing herein shall be deemed to constitute a waiver of the State's or any governmental entity's sovereign immunity, which immunity is hereby reserved to the State or other governmental entity which is a Party to this MOU. H. Governmental Immunity: Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, institutions, agencies, boards, commissions, committees, bureaus, offices, officials, and employees shall be controlled and limited by the provisions of the Governmental Immunity Act § 24-10-101, et seq.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b(, and the risk management statutes, C.R.S. § § 24-30-1501, et seq., as amended. 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. Page 6 of 11 CRN: 8554 K. Compliance with Law: The Parties shall strictly comply with all applicable federal and state laws, rules, and regulations in effect or hereafter established, including, without limitation, laws, rules and regulations applicable to discrimination and unfair employment practices. Any changes to such laws are deemed to have been incorporated into this MOU as of the date such changes take effect. L. Breach: No waiver of any breach of this MOU shall be held to be a waiver of any other or subsequent breach. All remedies afforded under this MOU shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. M. Notices: For all notices required to be provided under this MOU, all such notices shall be in writing, and shall be either sent by certified mail, return receipt requested, or hand -delivered to the following representatives of the Parties at the following addresses. The Parties may designate in writing a new or substitute representative. For Party 1: Board Chair Weld County Workforce Development Board c/o Ruth DeBoer 315 N 11th Avenue Bldg. B PO Box 1805 Greeley, CO 80632-1805 For Party 2: Karina Amaya-Ragland Workforce Director Employment Services of Weld County 315 N 11th Avenue Bldg. B PO Box 1805 Greeley, CO 80632-1805 For Party 3: Kristin Corash Director Division of Vocational Rehabilitation Colorado Department of Labor and Employment 633 17th Street, 15th Floor Denver, CO 80202 Kristin.corash@state.co.us And copies to: Procurement Official Colorado Department of Labor and Employment 633 17th Street, 11th Floor Denver, CO 80202 303-318-8054 N. Ownership of Materials and Information: Unless otherwise provided for in this MOU, the Parties agree that all material, information, data, computer software, documentation, studies, and evaluations produced by the State in the performance of this MOU are the sole property of the State. O. Conflict of Interest: Each Party acknowledges that with respect to this MOU, even the appearance of a conflict of interest is harmful to the Party's interests. Each Party shall refrain from any practices, activities, or relationships that reasonably may appear to be in conflict with the full performance of such Party's obligations under this MOU. Page 7 of 11 CRN: 8554 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. 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. W. Digital Signatures: If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this MOU by reference. V. LAW, ASSURANCES and CERTIFICATIONS A. The Parties shall comply with all applicable laws, executive orders, ordinances, rules, regulations, policies and procedures prescribed by the City/County, the State of Colorado, and the United States Government, including the following provisions: (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 CRN: 8554 (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 Page 9 of 11 CRN: 8554 and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners. G. Buy American Provision Each Party that receives funds made available under title I or II of WIOA or under the Wagner-Peyser Act (29 U.S.C. § 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the "Buy American Act.") and as referenced in WIOA § 502 and 20 CFR 683.200(f). H. Salary Compensation and Bonus Limitations Each Party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109-234, TEGL 16- 18, Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities Program Allotments for Program Year (PY) 2019; Final PY 2019 Allotments for the Wagner-Peyser Act Employment Service (ES) Program Allotments; and Workforce Information Grants to States Allotments for PY 2019, Public Laws 114-113 (Division H, title I, Section 105) and 114-223, and WIOA § 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level II. I. Nondiscrimination and Equal Opportunity Provision As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the grant recipient assures that it has the ability to comply with the nondiscrimination and equal opportunity provisions of the following laws and will remain in compliance for the duration of the award of federal financial assistance: • Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I -financially assisted program or activity; • Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin;. • Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; • The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and • 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. Page 10 of 11 DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493 CRN: 8554 ATTEST: DocuSigned by: w Li 4AC , AA or,..FS._ Bill Johnson Chair, Weld County Workforce Development Board DocuSigned by: rhtik Frwwun, Srb0J005CM7... Mike Freeman, Chair Board of County Commissioners Weld County, Colorado 9/6/2023 Date 9/6/2023 Date rDocuSigned by: 4iStit, ,6VaSU. 9/6/2023 G7,AC474F004oc... Kristin Corash Date Director Division of Vocational Rehabilitation Colorado Department of Labor and Employment In accordance with §24-30-202 C.R.S., this Agreement is not valid until signed and dated below by the State Controller or an authorized delegate. By: STATE CONTROLLER Robert Jaros, CPA, MBA, JD �J/DoeuSigned by: C at aaa�orAQ�a4e4�a.. 0 Kelly Smith-Biesemeyer, State Controller Delegate 9/7/2023 Effective Date: Page 11 of 11 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: Division of Vocational Rehabilitation Vocational Rehabilitation for the Disabled 633 17th Street, Suite 500, Denver, CO 80202 (303) 318-8571 www.dvrcolorado.com kristin.corash@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. 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 Division of Vocational Rehabilitation will make their services accessible through the one -stop delivery system using the following: Method Division of Vocational Rehabilitation Co -Location DVR staff will be co -located at ESWC's Greeley office. ESWC will provide dedicated office space for DVR's use 8:00 a.m. to 5:00 p.m., Monday through Friday. Cross -Trained Staff Most WFC and DVR staff have attended local cross-trainings and will continue to work locally to cultivate and implement additional training opportunities for increasing joint program knowledge and understanding Direct Technological Linkage DVR will refer participants to register for ConnectingColorado, the CDLE data management system used by Workforce Innovation and Opportunity Act (WIOA) programs Outreach/Intake Briefings Partnering to develop joint intake referral and follow up forms so that applying for services between WFC and DVR is fluid to the customer Other (describe) Conduct periodic and regular joint staff meetings to discuss enhanced access and employment outcomes for all common customers 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. 1 Exhibit A — Scope of Services Employment Services of Weld County The Colorado Division of Vocational Rehabilitation (DVR) provides services to applicants and eligible individuals with disabilities across the state to support them in preparing for, securing, retaining, or regaining employment. DVR provides clients with one-on-one vocational guidance and counseling to assist each person to develop a specific employment goal and a step-by-step plan for accomplishing it. Each goal and plan are created after assessment of the ways a participant's disabilities affect his or her ability to perform job functions and succeed in a work environment. The plan and goal must also reflect the participant's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. DVR directly delivers and procures services for applicants and eligible individuals through a statewide network of approximately 26 field offices across Colorado. Approximately 123 Rehabilitation Counselors are supported by office teams of Business Outreach Specialists, administrative support staff, supervisors, rehabilitation technicians and other staff to deliver these services to approximately 13,000 Coloradans each year. The types of services delivered are extremely individualized and dependent upon each client's unique disability, talents, circumstances, and situation. DVR can provide a broad range of services that may bring about successful employment including training and education, physical and mental restoration, assistive technology, job seeking skills training, job placement assistance, required training or vocational supplies and materials, and many others that may be necessary and appropriate to assist an individual to become employed. DVR collaborates and coordinates with many community vendors and service providers, including the programs located at and provided through the Workforce Center. Through a combination of cross-trainings, regular joint meetings and overall relationship building activities, DVR staff will work closely with Workforce Center staff to ensure that program services and parameters are well known and understood by all and that common clients receive services leading to employment that are well -coordinated. 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. 2 Exhibit A — Scope of Services Employment Services of Weld County Partner Program Services: Preliminary Services Services Requiring Eligibility Training Services Employer Services Public Information Enrollment or Registration X X Financial Assistance for Training R Job Listing B Outreach, Recruitment Diagnostic Assessment X B Occupational Skills Training R Candidate Screening B Determination of Program Appropriateness for Customer Individual Self -Sufficiency X or Employment Plans B On -the -Job Training R Candidate Testing R Orientation Counseling: Group or X Individual B Skills Upgrading R Job Referrals X Resource Center Case Management B X Re -Training R Space for Job Interviews R Initial Assessment X Basic Education, Literacy Training, GED Training B Entrepreneurial Training B Labor Market Information X Workshops English as a Second B Language Training R Apprenticeship Training R Local Economic Development Information R Career Information Computer Literacy X Training R Customized or Workplace Training R Employer Incentives X Labor Market Information Job Readiness Training X R Work Experience, Internship (including Summer Jobs) R Employer Seminars X Job Search Skills & Information Life Skills Training B R Job Fads B Job Referrals X Supportive Services R Services to Laid Off Workers X Follow -Up Post -Employment or Job X Retention Services B Outplacement Services X Eligibility Determination Tutoring, Study Skills X Training R Job Analysis X Leadership Development Activities R Focus Groups R Mentoring R Alternative Secondary School R 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 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 3 Exhibit A — Scope of Services Employment Services of Weld County Preliminary Services Services Requiring Eligibility Training Services Employer Services Initial Assessment B Basic Education, Literacy Training, GED Training B Entrepreneurial Training B Labor Market X Information Workshops X English as a Second Language Training R Apprenticeship Training B Local Economic B Development Information 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 X Workers 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 5 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. Cross train staff to increase joint program understanding and provision of high -quality services, referrals and access to programs; Provide informational brochures to customers at each partner's main location; Work together to develop shared informal referral and follow up forms and processes that are client -centered in nature; Review options and look for opportunities to implement coordinated intake forms and data requirements; To the extent practical and permitted, document and track referral information in each partner's electronic data system and implement shared data systems and documentation when available and appropriate. o ESWC will track referrals to DVR in Connecting Colorado by using Activity Code Wagner-Peyser (IS) or WIOA (RS), and DVR Sub Activity Code (0V). o DVR will track referrals to ESWC 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: Division of Vocational Rehabilitation, CDLE Vocational Rehabilitation for the Disabled 633 17th Street, Suite 500, Denver, CO 80202 303-318-8571 www.dvrcolorado.gov kristin.corashstate.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 Act (TAA) and Youth Employment and Training Programs AmeriCorps Chafee Colorado Employment First (Supplemental Nutrition Assistance Program (SNAP) Employment and Training Program) Colorado Works (Temporary Assistance to Needy Families (TANF) Employment and Training Program) Migrant Seasonal Farm Worker (MSFW); Rocky Mountain Service Employment Redevelopment (RMSER) Wagner-Peyser Immigrant and Refugee Center of Northern Colorado (IRCNoCo) Community Educational Outreach and Intervention Community Corrections of Weld County (CEO ICCWC) Service Employment Redevelopment (SER) — Jobs for Progress National, Inc. Aims Community College — Carl D. Perkins Jobs for Veterans State Grant Program (JVSG) Community Services Block Grant (CSBG) Division of Unemployment Insurance (DUI) The Colorado Department of Labor and Employment (CDLE) Division of Vocational Rehabilitation (DVR) 1 Exhibit B — Infrastructure Funding Agreement (IFA) Employment Services of Weld County The Division of Vocational Rehabilitation (DVR) provides services to applicants and eligible individuals with disabilities across the state to support them in preparing for, securing, retaining, or regaining employment. DVR provides clients with one-on-one vocational guidance and counseling to assist each person to develop a specific employment goal and a step-by-step plan for accomplishing it. Each goal and plan are created after assessment of the ways a participant's disabilities affect his or her ability to perform job functions and succeed in a work environment. The plan and goal must also reflect the participant's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. The types of services delivered are extremely individualized and dependent upon each client's unique disability, talents, circumstances, and situation. DVR can provide a broad range of services that may bring about successful employment including training and education, physical and mental restoration, assistive technology, job seeking skills training, job placement assistance, required training or vocational supplies and materials, and many others that may be necessary and appropriate to assist an individual to become employed. DVR collaborates and coordinates with many community vendors and service providers, including the programs located at and provided through the Workforce Center. Through a combination of cross-trainings, regular joint meetings and overall relationship building activities, DVR staff will work closely with Workforce Center staff to ensure that program services and parameters are well known and understood by all and that common clients receive services leading to employment that are well -coordinated. II. General Financial Information Weld County, through the Workforce Center also referred to as Employment Services of Weld County (ESWC), 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 fund and chart of accounts within the Weld County financial reporting structure and governed by County policy. It is the Workforce Center's intent to charge costs directly to the programs it administers whenever possible. Expenses incurred for the benefit of a specific program will be charged directly to the benefiting program. Costs that benefit multiple programs, whether administrative or program in nature, will be pooled and distributed amongst those benefiting programs according to the methodologies outlined herein. 2 Exhibit B — Infrastructure Funding Agreement (IFA) Employment Services of Weld County All the Parties agree that the allocation for the services to be provided as outlined in this agreement is contingent on funding availability, and both parties are aware allocations may change at any time. The Division of Vocational Rehabilitation receives federal funding from the U.S. Department of Education, Rehabilitation Services Administration (RSA). DVR shall make no cash funded payments under this MOU, but through a separate lease agreement. This funding requires a state expenditure match of 21.3% to the federal portion of 78.7%. 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 general approach of the Weld County Workforce Center in allocating costs to programs, grants and titles is as follows: Cost Allocation Method Description of Calculation Direct Charges All costs identifiable with a specific program or grant are charged directly to the benefiting program. Where multiple grants are directly charged for a single expense, methodology will be documented. Program Operating Pool Unassigned program operating costs which benefit more than one program or grant are accumulated in a cost pool. This pool includes the wages and benefits of all common non - administrative staff excluding the percentage directly charged to TANF and Employment First as required. Staff that are charged to the pool perform clerical, supervisory and other program functions which benefit all programs. This pool includes all common non -administrative operating costs or costs attributable to the program pooled staff. Monthly, program operating expenses are allocated across the various funding sources by applying the proportionate percentage as determined by non -administrative FTE costs. The Division of Vocational Rehabilitation will make their services accessible through the one -stop delivery system using the following: Method Division of Vocational Rehabilitation Co -Location ESWC will provide dedicated office space for DVR use. DVR staff will be co -located at ESWC's Greeley office 3 Exhibit B — Infrastructure Funding Agreement (IFA) Employment Services of Weld County 8:00 a.m. to 5:00 p.m., Monday through Friday. Cross -Trained Staff Most Weld County and DVR staff have attended local cross-trainings and will continue to work locally to cultivate and implement additional training opportunities for increasing joint program knowledge and understanding Direct Technological Linkage DVR will refer participants to register for ConnectingColorado, the CDLE data management system used by Workforce Innovation and Opportunity Act programs Outreach/Intake Briefings Partnering to develop joint intake referral and follow up forms so that applying for services between the Workforce Center and DVR is fluid to the customer Other (describe) Conduct periodic and regular joint staff meetings to discuss enhanced access and employment outcomes for all common customers The Division of Vocational Rehabilitation is physically co -located at the comprehensive one -stop center. The parties must enter in a lease to comply with the State requirement when occupying space for which it pays rent. DVR staff are onsite at the comprehensive one -stop center 8:00 a.m. to 5:00 p.m., Monday through Friday to provide services to participants. This arrangement generates benefit for the program as evidenced by the number of customers enrolled in the program and enrolled in other programs 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. 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. Additionally, DVR staff will provide a non -cash contribution of services specific to Business Services. Under the CDLE Program Guidance Letter (PGL) WP -2016-04, Change 2, there are eleven core staff -assisted services offered to employers. The One - Stop Delivery System will benefit from assistance with: Business Education, which includes: • Seminar: Informational presentations given by subject matter experts such as DVR to businesses on a specific topic such as hiring persons with disabilities • Round Table/Forum: Open discussions pertaining to subjects related to employment or business interests specific to the DVR population • Workshop: Learning and practicing skills - Applying techniques that are being 4 Exhibit B — Infrastructure Funding Agreement (IFA) Employment Services of Weld County presented/taught to enhance disability, equity, and inclusion initiatives Focus Group: Group of targeted businesses brought together to give their input on particular issues relative to their business needs specific to the DVR population; and, Business Information pertaining to an incentive programs or other information related to persons with disabilities such as physical and virtual accessibility; and, Large Scale Job Fairs to invite local business and market the event; and, Training and Retraining, specifically recruiting regional businesses to participate in Work Experience/Internship and On -the -Job Training opportunities. Intentional collaboration with the Work -Based Learning Navigator will be crucial in business signing the required paperwork to become a work site. IV. Additional Costs Non -applicable V. Payment and Reconciliation DVR agrees to provide a cash funded payment contribution to the one -stop system based on infrastructure costs for one (1) office space under a separate lease 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. 5 DocuSign Envelope ID: D0C4CAF9-6E9C-480E-AFF0-7DD9837E4493 Exhibit B — Infrastructure Funding Agreement (IFA) Employment Services of Weld County I certify that this is true and correct to the best of my knowledge. CDomSigned by: NC Satti 1nec7nn4sriK4,... Bill Johnson Chair, Weld County Workforce Development Board r6istDo.Signed by: itA, (,erase, c7aroaoc.-. Kristin Corash Director, Division of Vocational Rehabilitation Colorado Department of Labor and Employment 6 New Contract Request Entity Information Entity Name COLORADO DEPARTMENT OF LABOR & EMPLOYMENT Entity ID* @00010497 Contract Name* CDLE DVR MOU (WCWDB, ESWC AND DVR) Contract Status CTB REVIEW Contract ID 7339 Contract Lead * WLUNA ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email wluna@weldgov.com;co Department Project # bbxxlk@weldgov.com Contract Description* COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT DIVISION OF VOCATIONAL REHABILITATION MEMORANDUM OF UNDERSTANDING (WCWDB, ESWC AND DVR). TERM: JULY 1, 2023 THROUGH JUNE 30, 2026. Contract Description 2 PA ROUTING THROUGH NORMAL PROCESS. ETA TO CTB 08/24/2023. Contract Type * AGREEMENT Amount* $0.00 Renewable YES Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 09/02/2023 09/06/2023 Department Email CM- HumanServices@weldgo v.com Department Head Email CM-HumanServices- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WE LDGOV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date * 05/01/2024 Renewal Date * 07/01/2024 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JAMIE ULRICH CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 08/24/2023 08/25/2023 08/25/2023 Final Approval BOCC Approved Tyler Ref # AG 083023 BOCC Signed Date BOCC Agenda Date 08/30/2023 RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FO SERVICE DELI RY AGREEMENTS PURSUANT TO WORKFORCE INNO ION D OPPOR ' NITY ACT (WIOA), AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissione Colorado statute and the Weld County Home Rule administering the affairs of Weld County, Colorado, and o, pursuant to the authority of WHEREAS, the Board has been presented wl a Memoranof Understanding for Service Delivery Agreements Pursuant to • force In vation a Opportunity Act (WIOA) among the County of Weld, State of Color •, by and thrgh the Board of County Commissioners of Weld County, on b f of th • . .artment of uman Services, Employment Services of Weld County, Workforce D velopme Bo- d, and e Colorado Department of Labor and Employment, Division of Vocatio I Reha litation, co encing July 1, 2023, with further terms and conditions being as stated in aid morandum •f understanding, and WHEREAS, after r understanding, a copy of w We Pur of Co the De Developm Vocational •lora t ti kforce ova and throu I of Human oard, and rd deems it dvisable to approve said memorandum of ed hereto . d incorporated herein by reference. IT RESO ED by the Board of County Commissioners of emoran. of Understanding for Service Delivery Agreements n and Opportunity Act (WIOA) among the County of Weld, State e Boar• •f County Commissioners of Weld County, on behalf of Servic- , Employment Services of Weld County, Workforce e Co rado Department of Labor and Employment, Division of e, anereby is, approved. BE IT FURTHER R OLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandu ► of understanding. 2023-2239 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 2nd day of August, A.D., 2023, nunc pro tunc July 1, 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ds,t,L) w ..o•4. Mi - leeman, Chair Weld County Clerk to the Board Perr L. B , Pro-Tem Kevin D. Ross Attorney Date of signature: og/1o�2 2023-2239 HR0095 Hello