HomeMy WebLinkAbout20202068.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INNOVATION
AND OPPORTUNITY ACT (WIOA) SERVICE DELIVERY AGREEMENTS AND
AUTHORIZE CHAIR TO SIGN - AIMS COMMUNITY COLLEGE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Memorandum of Understanding for
Workforce Innovation and Opportunity Act (WIOA) Service Delivery Agreements 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 Aims Community College, commencing July 1, 2020, and
ending June 30, 2023, with further terms and conditions being as stated in said memorandum of
understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Memorandum of Understanding for Workforce Innovation and
Opportunity Act (WIOA) Service Delivery Agreements 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 Aims Community College, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandum of understanding.
cc:HSb
07/3 i /2P
2020-2068
HR0092
MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INNOVATION AND
OPPORTUNITY ACT (WIOA) SERVICE DELIVERY AGREEMENTS - AIMS COMMUNITY
COLLEGE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of July, A.D., 2020, nunc pro tunc July 1, 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dettefm) C je;e1
Weld County Clerk to the Board
ounty orney
Mike Freeman, Chair
Date of signature: 07/9.I/20
2020-2068
HR0092
.r12 dk 5777
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: June 30, 2020
TO: Board of County Commissioners — Pass -Around
FR: Jamie Ulrich, Director, Human Services
RE: Weld County Workforce Development Board and
Employment Services of Weld County
Memorandum of Understanding with Aims
Community College
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 and
Employment Services of Weld County Memorandum of Understanding with Aims
Community College. The Department is requesting to enter into a Memorandum of
Understanding (MOU) 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 (WIOA) of 2014. The period of performance under
the MOU shall be July 1, 2020 through June 30, 2023, unless terminated or updated by one of
the parties pursuant to the terms of the MOU.
The MOU and exhibits have been reviewed by Legal (Gabe Kalousek). Changes from the
previous MOU include:
• Additional Provisions section updated to increase the records retention to six (6) years.
• Added Digital Signature provision.
• Exhibit B, Infrastructure Funding Agreement (IFA) Updates:
o Infrastructure Costs updated, removed the dollar amount and reference by
percentage of Perkins funds received.
• Removal of Third -Party Indemnification clause.
• General formatting changes for emphasis.
Pass -Around Memorandum; June 30, 2020 — CMS 3777
Page 1
2020-2068
d
PRIVILEGED AND CONFIDENTIAL
I do not recommend a Work Session. I recommend approval of this MOU and authorize the Chair to sign.
Approve Schedule
Recommendation Work Session
Mike Freeman, Chair
Scott James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin Ross
Other/Comments:
Pass -Around Memorandum; June 30, 2020 - CMS 3777
Page 2
Weld County Workforce Development Board
MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS
Between
Weld County Workforce Development Board, Employment Services of Weld County
And
Aims Community College
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, Aims Community College, (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 Board has designated the Employment Services of Weld County Workforce
Center as the one -stop center for the federally designated local area(s) of the Upstate Region.
WHEREAS, WIOA Section 121(c) requires that each Local Workforce Development Board (`LWDB'), with
the agreement of the Chief Elected Official (`CEO'), shall develop and enter into an MOU (between the
LWDB and the one -stop partners). consistent with Section 121(c)(2), concerning the operation of the one -
stop delivery system in each local area.
WHEREAS, WIOA Section 121(b)(1)(A)(iii) mandates all entities that are required partners in a local area
('Partners') to enter into an MOU with the LWDB relating to the operation of the one -stop system, pursuant
to WIOA Section 121 (c).
WHEREAS, WIOA Section 121(b)(1) identifies the required programs or activities. and requires that each
entity that carries out a program or activities (Partners') in Weld County shall: (a) provide access through
the one -stop delivery system to such program or activities carried out by the Partner, including making the
career services described in WIOA section 134(c)(2) that are applicable to the program or activities
available at the one -stop centers (in addition to any other appropriate locations): (a) use a portion of the
funds available for the program and activities to maintain the one -stop delivery system, including payment
of the infrastructure costs of one -stop centers in accordance with WIOA Section 121(h); (c) enter into a
MOU with the LWDB, relating to the operation of the one -stop system, that meets the requirements of WIOA
Section 121(c); (d) participate in the operation of the one -stop system consistent with the terms of this MOU,
the requirements of this title, and the requirements of the Federal laws authorizing the program or activities;
and (e) provide representation on the State board to the extent provided under WIOA Section 101.
WHEREAS, WIOA Section 121(b)(2) prescribes how other entities that carry out programs other than those
required under WIOA Section 121(b)(1)(B) may be one -stop partners for the local area of Weld County as
additional Partners and provide the services available under their programs through the Employment
Services of Weld County one -stop delivery system.
WHEREAS, WIOA Section 121(b)(2)(A) provides that both required and additional partners are Partners
for the local area. Therefore, all entities that participate in the local area of Weld County service delivery
system as Partners, whether required or additional, must be Parties to this MOU and must abide by the
terms prescribed herein and by all applicable federal, state, and local rules, plans, and policies as applicable
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OZ020 - 0&)
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, 2020, or (b) the date
this MOU becomes fully executed (the 'Effective Date'). This MOU shall remain in effect until June 30,
2023, unless previously terminated or updated by one of the Parties pursuant to the terms of this MOU.
II. SCOPE
This MOU is entered into by and between the Parties for the delivery of services within the one -stop system,
including the coordination of service delivery and the referral of customers, for the Weld County area. WIOA
§121(b) identifies both the required and the optional programs and activities that may be carried out by
Partners in the Weld County area.
A. One -Stop Partner Services: Exhibit A hereto sets forth the specific services that the Parties will
provide in the Local Area in which the Partners operate. Exhibit A is attached hereto and
incorporated herein by reference as if fully set forth herein. Beginning on the Effective Date and
continuing throughout the term of this MOU, the Parties agree to work collaboratively to carry out
the provisions of WIOA and this MOU and to provide the services set forth in its signed Exhibit A.
Each Party agrees (1) to promptly notify the other Parties if. for any reason. the Party fails to provide
or is unable to provide the services set forth in its signed Exhibit A and (2) to amend its Exhibit A
in accordance with this MOU if, for any reason. Exhibit A no longer accurately or completely
describes the services provided by the Parties.
B. Cost Sharing
1. Negotiation of the Infrastructure Funding Agreement ('IFA')
The Colorado Workforce Development Council (`CWDC"), with the authority of the Governor,
provides that (a) each Partner that operates in the Local Area is required to begin contributing its
Proportionate Share of the Total Costs of operating each comprehensive and affiliate one -stop
center in the Local Area ('One -Stop Delivery System Budget'): (b) the cost sharing methodology
must be decided by consensus agreement among the LWDB, the CEO, and all the Parties; (c) if
any Party fails to agree to a IFA that meets the requirements set forth by the CWDC the State will
implement the State Funding Mechanism to determine each Partner's Contribution.
The Parties agree to participate in good faith in the negotiation of an IFA that meets all requirements
set forth by the CWDC. At a minimum, the IFA should (a) specify the effective time period, which
may be different from that of the duration of the MOU; (b) identify the Infrastructure Costs, Shared
Costs and Total Costs; (c) identify the formula used to calculate Proportionate Share; (d) identify
the CEO, the LWDB, and the Parties participating in the IFA; and (e) establish a process by which
the Parties will reconcile the Total Costs, the Proportionate Share and the Partner Contribution at
least once per quarter throughout the term of the IFA. Upon agreement, any IFAs for the local area
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shall be incorporated as legally binding components of this MOU as if fully set forth herein, and
shall be attached hereto and incorporated herein as Exhibit B.
The Parties agree that (a) the Infrastructure Costs, Shared Costs and Total Costs will be calculated
using actual cost data, where possible, or reasonable cost estimates, where actual data is not
available; (b) the cost data or estimates underlying the calculation of the Infrastructure Costs,
Shared Costs and Total Costs will be disclosed to the Partners; (c) the methodology for calculating
each Partner's Proportionate Share of the Total Costs will be determined through a reasonable
cost allocation methodology that assigns costs to Partners in proportion to relative benefits
received; (d) the Parties will negotiate in good faith to identify the methodology as well as the
formula by which each Partner will make the Partner Contribution and to establish a process by
which the Parties will reconcile the Total Costs, the Proportionate Share and the Partner
Contribution at least once per quarter throughout the term of the IFA; and (e) in negotiating the IFA,
the Parties will comply with both the letter and the spirit of the WIOA law, regulations, Office of
Management and Budget Circulars, and CWDC-issued policy guidance.
2. Abide by State Funding Mechanism, if Implemented, Subject to the Appeals Process
If the Parties fail to agree to an IFA that meets the requirements of the CWDC, the State will
implement the State Funding Mechanism to determine each Partner's Contribution.
As applicable, (a) the Parties agree to abide by the terms of the State Funding Mechanism, if
implemented, subject to the appeals process set forth by the CWDC; and (b) the Partners who are
not subject to the State Funding Mechanism agree that, if the State Funding Mechanism is
implemented, such Partner will continue in good faith to negotiate an IFA that meets the
requirements of the CWDC.
III. PROVISIONS
A. Termination of MOU
(1) Any Party wishing to terminate this MOU must provide written notice, by certified mail, return
receipt requested, stating its intent to terminate to the other Parties at least thirty (30) days prior
to the effective date of termination of the MOU. All rights and obligations of the Parties under
this MOU shall cease on the effective date of such termination, with the sole exception of any
liabilities which the Parties may have incurred and the Parties' confidentiality obligations under
Paragraph IV.B.
(a) Per WIOA Section 121, any Partner that terminates its role as a Party to this MOU is no
longer eligible to participate as a Partner with the Local Workforce system and will not be
permitted to serve on the LWDB as a Partner representative.
(b) A Partner of this MOU that subsequently loses federal funding or the authority to administer
the federal program in the Area and therefore no longer qualifies as a required Partner
under WIOA Section 121(b)(1) must send written notice of the change in status to all the
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.
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(2) In accordance with 20 CFR 678.500(d) the Parties agree to review the terms of this MOU not
less than every three (3) years following the Effective Date to reflect any changes in the delivery
of services, signatory official of the Parties, or one -stop infrastructure funding. Each Party to
this agreement shall inform the other of any such changes until such time the agreement is
modified in accordance with Section 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, approved as to form by
each Party's legal counsel, and. for the City and County of Denver, uploaded into the City's
automated contract system (Alfresco) by an employee of the Division of Workforce or other
City office designated by the Division's Director. Each modified Exhibit shall contain the date
upon which the modified exhibit shall take effect.
C. Appropriations/Funding
(1) WIOA Section 121(c)(2)(A)(ii) requires that the funding arrangements for services and operating
costs of the Employment Services of Weld County Workforce Center One -Stop service delivery
system must be described in this MOU. Under WIOA, each Partner that carries out a program or
activities in a Weld County One -Stop Center or otherwise in the Local Area must use a portion of
its funds available for such programs and activities: to operate and maintain the Employment
Services of Weld County One -Stop delivery system, including proportional payment of the
Infrastructure Costs, Additional Costs, and Total Costs of the Weld County One -Stop Centers (20
CFR § 678.700). All cost sharing agreements set forth in Exhibit B or elsewhere in this MOU are
subject to all federal laws, rules, regulations, Office of Management and Budget Circulars, and
guidance governing the specific program or activities for which cost sharing is required under
WIOA. All obligations of the Parties under this MOU for cost -sharing arrangements, whether in
whole or in part, are subject to and contingent upon the continuing availability of federal funds
authorizing the program or activity for which cost sharing is required under WIOA and shall extend
only to funds appropriated annually by the State of Colorado or the County, paid into its Treasury,
and encumbered for the purpose of this MOU.
(2) In the event that federal funds, or any part thereof, are not awarded to a Party for a
program or activity 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
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r
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 the benefits of
the provision, were it not invalid or unenforceable, shall have the option to terminate this MOU,
forthwith.
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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. Governmental Immunity: Liability for claims for injuries to persons or property arising from the
negligence of the Parties, their departments, institutions, agencies, boards, commissions,
committees, bureaus, offices, officials, and employees shall be controlled and limited by the
provisions of the Governmental Immunity Act § 24-10-101, et seq.; the Federal Tort Claims Act, 28
U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the risk management statutes, C.R.S. § § 24-
30-1501, et seq.. as amended.
H. Third -Party Beneficiary: The enforcement of the terms and conditions of this MOU and all rights of
action relating to such enforcement. shall be strictly reserved to the Parties, and nothing contained
in this MOU shall give or allow any claim or right of action whatsoever by any non -Party. It is the
express intent of the Parties to this MOU that any person receiving services or benefits under this
MOU shall be deemed an incidental beneficiary only.
I. Assignment: The Parties' rights and obligations hereunder are personal and may not be
transferred, assigned, or subcontracted without the prior written consent of the LWDB. Any attempt
at assignment, transfer, or subcontracting without the written consent of the LWDB shall be void.
J. Compliance with Law: The Parties shall strictly comply with all applicable federal and state laws,
rules, and regulations in 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.
K. Breach: No waiver of any breach of this MOU shall be held to be a waiver of any other or
subsequent breach. All remedies afforded under this MOU shall be taken and construed as
cumulative, that is, in addition to every other remedy provided herein or by law.
L. Notices: For all notices required to be provided under this MOU, all such notices shall be in writing,
and shall be either sent by certified mail, return receipt requested, or hand -delivered to the following
representatives of the Parties at the following addresses. The Parties may designate in writing a
new or substitute representative.
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For Party 1:
For Party 2:
For Party 3:
And copies to:
Board Chair
Weld County Workforce Development Board
c/o Heather Roberts
315 N 11 Avenue Bldg. B
PO Box 1805
Greeley, CO 80632-1805
Lora Lawrence
Workforce Director
Employment Services of Weld County
315 N 11 Avenue Bldg. B
PO Box 1805
Greeley, CO 80632-1805
Dr. Russ Rothamer
Executive Vice President
Aims Community College
5401 W. 20th St.
Greeley, CO 80634
Procurement Official
Colorado Department of Labor and Employment
633 17th Street, 11th Floor
Denver, CO 80202
303-318-8054
M. Ownership of Materials and Information: Unless otherwise provided for in this MOU, the Parties
agree that all material, information, data, computer software, documentation, studies, and
evaluations produced by the State in the performance of this MOU are the sole property of the
State.
N. Conflict of Interest: Each Party acknowledges that with respect to this MOU, even the appearance
of a conflict of interest is harmful to the Party's interests. Each Party shall refrain from any practices,
activities, or relationships that reasonably may appear to be in conflict with the full performance of
such Party's obligations under this MOU.
O. Authorization: Each person signing this MOU represents and warrants that he or she is duly
authorized to execute this MOU. Each Party represents and warrants to the other Parties that the
execution and delivery of this MOU and the performance of such Party's obligations have been
duly authorized. If requested, each Party agrees to provide proof of such authority within fifteen
(15) days of receiving such request.
P. Counterparts: This MOU may be executed in multiple identical original counterparts, all of which
shall constitute one agreement.
Q. Notice of Pending Litigation: Each Party shall notify the other Parties, in writing, within five (5)
business days after being served with a summons, complaint or other pleading filed in any federal
or state court or administrative agency that involves services provided under this MOU or is
otherwise related to this MOU.
R. CORA Disclosure: To the extent not prohibited by federal law, this MOU and its exhibits are subject
to public release through the Colorado Open Records Act, C.R.S. § 24-71-101, et seq. This MOU
is not intended to supersede the Parties' obligations under CORA.
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S. Choice of Law: Colorado law, and rules and regulations issued pursuant thereto, shall be applied
in the interpretation, execution, and enforcement of this MOU. Any provision included or
incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null
and void. Any provision rendered null and void by the operation of this provision shall not invalidate
the remainder of this MOU, to the extent capable of execution.
T. Fund Availability: CRS §24-30-202(5.5). Financial obligations of the State payable after the current
fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
U. Employee Financial Interest/Conflict of Interest: CRS §§24-18-201 and 24-50-507. The signatories
aver that to their knowledge, no employee of the State has any personal or beneficial interest
whatsoever in the service or property described in this contract. Contractor has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with
the performance of Contractor's services and Contractor shall not employ any person having such
known interests.
V. Digital Signatures:
If any signatory signs this agreement using a digital signature in accordance with the Colorado
State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures
issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within
the electronic system through which that signatory signed shall be incorporated into this MOU by
reference.
V. LAW, ASSURANCES and CERTIFICATIONS
A. The Parties shall comply with all applicable laws. executive orders. ordinances, rules, regulations,
policies and procedures prescribed by the City/County. the State of Colorado, and the United States
Government, including the following provisions:
(i) Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part
38; Final Rule, published December 2. 2016),
(ii) Title VII of the Civil Rights Act of 1964 (Public Law 88-352),
(iii) Section 504 of the Rehabilitation Act of 1973, as amended,
(iv) Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g: 24 CFR Part 99)
(v) The Americans with Disabilities Act of 1990 (Public Law 101-336).
(vi) Priority of service for veterans in U.S. Department of Labor funded programs (38 U.S.C. §
4215)
(vii) Training and Employment Guidance Letter (TEGL) 37-14. Update on Complying with
Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender
Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce
Development System and other guidance related to implementing WIOA Section 188,
(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
Page 8 of 11
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.G. §1352), 29 C.F.R. Part 93,
and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The
Parties shall not lobby federal entities using federal funds and will disclose lobbying activities as
required by law and regulations.
E. Debarment and Suspension
All Parties shall comply with the debarment and suspension requirements (E.0.12549 and 12689) and
2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S.
Department of Education at 2 CFR 3485.
F. Priority of Service
All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority
of service, including, but not limited to, priority of service for veterans and their eligible spouses, and
priority of service for the WIOA title I Adult program, as required by 38 U.S.C. § 4215 and its
implementing regulations and guidance, and WIOA § 134(c)(3)(E) and its implementing regulations and
guidance. Partners will target recruitment of special populations that receive a focus for services under
WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and
English language learners.
G. Buy American Provision
Each Party that receives funds made available under title I or II of WIOA or under the Wagner-Peyser
Act (29 U.S.C. § 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of
the United States Code (commonly known as the "Buy American Act.") and as referenced in WIOA §
502 and 20 CFR 683.200(f).
H. Salary Compensation and Bonus Limitations
Each Party certifies that, when operating grants funded by the U.S. Department of Labor, it complies
with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109-234, TEGL 16-18,
Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities
Program Allotments for Program Year (PY) 2019; Final PY 2019 Allotments for the Wagner-Peyser Act
Employment Service (ES) Program Allotments: and Workforce Information Grants to States Allotments
for PY 2019, Public Laws 114-113 (Division H, title I, Section 105) and 114-223, and WIOA §
194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual,
whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel
Management Executive Level II.
Page 9 of 11
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
r
IN WITNESS, WHEREOF the Parties hereto have duly executed this MOU as of the latest day, month
and year written below.
ATTEST:
Jun 25, 2020
Sylvia Robinson Date
Chair, Weld County Workforce Development Board
Mike Freeman
Chief Elected Official
Alf haste/ -
Russ Rothamer fJun 29 2020 08:55 MDTI
Dr. Russ Rothamer
Executive Vice President
Aims Community College
Page 11 of 11
'JUL 15 2020
Date
Jun 29, 2020
Date
0.2
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:
Aims Community College
Carl Perkins
5401 West 20th Street
(970) 339-6390
httpa;www_aims.eJu!
Shayna howell araims eci
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.
Aims Community College will work collaboratively with Employment Services of
Weld County (ESWC) to cross train staff in order to provide access to services.
Aims staff members regularly attend Workforce Board meetings and subcommittee
meetings to stay appraised of changes and build relationships with ESWC staff.
Additionally, an Employment Services staff member will conduct 10 workshops for
the GED program at Aims Community College each year and then be available to
meet with students afterwards to talk about services they may be eligible for at
ESWC.
When ESWC staff are on site at Aims they will have access to the open internet
as well program materials and other basic technology (i.e. phone, copy machine).
Due to security challenges partners will not share direct technological linkages (i.e.
logins to specific systems). However. should ESWC staff have a need for data,
within an educational right to know (Family Educational Rights and Privacy Act
(FERPA)), Aims will provide that data.
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.
Aims Community College will provide meeting space and workshop space for any
ESWC staff member coming to Aims to conduct a workshop or meet with students
who may benefit from ESCW services. This includes access to technology and
program materials as described above.
II. Service Delivery
1
Exhibit A — Scope of Services
Employment Services of Weld County
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.
Aims Community College will provide GED preparation services, second language
acquisition services, and opportunities for students to engage in short term and
long-term training programs to make them more employable. These services will
all be housed at Aims Community College. Additionally, Aims Community College
will be responsible for maintaining it's eligible training provider list so that ESWC
staff can access up to date information regarding training opportunities for their
clients.
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.
Partner Program Services:
Preliminary Services Services Requiring
Eligibility
Training Services
Employer Services
Public Information
Enrollment or Registration I, R Financial Assistance for
B i Training
R
Job Listing
B
Outreach. Recruitment
B Diagnostic Assessment B Occupational Skills
j Training
B
Candidate Screening
R
Determination of Program
Appropriateness for
Customer
R
I Individual Self -Sufficiency or 1 B On -the -Job Training
Employment Plans i
j
R
Candidate Testing
R
Orientation
R
Counseling: Group or X Skills Upgrading
Individual
B
Job Referrals
B
Resource Center
k
R
Case Management j B } Re -Training
i
B
Space for Job Interviews
R
I Initial Assessment
B
Basic Education, Literacy I B Entrepreneurial Training
Training, GED Training
R
Labor Market Information
R
Workshops
B
English as a Second X Apprenticeship Training
Language Training
B
Local Economic
Development Information
R
Career Information
B
Computer Literacy Training
B
Customized or Workplace
Training
B
Employer Incentives
R
Labor Market Information
R
, Job Readiness Training
R
Work Experience,
Internship (including
Summer Jobs)
R
Employer Seminars
R
Job Search Skills &
Information
B Life Skills Training
R
Job Fairs
B
Job Referrals
B
Supportive Services
R
Services to Laid Off
Workers
R
Follow -Up
B
Post -Employment or Job
Retention Services
R
`
Outplacement Services
R
2
r
Exhibit A — Scope of Services
Employment Services of Weld Count
Eligibility Determination I R
Tutoring, Study Skills B
Training
Job Analysis
R
I
Leadership Development
Activities
R
Focus Groups
B
r
Mentoring X
Community Navigation
Services
R
Alternative Secondary School � R
Citizenship preparation
R
State Training Grants
X
c. Identify the services the One -Stop Center provides in the chart below or in a narrative
format. Enter a "X" for the services your program provides directly, enter a "R" for the
services your program provides through referral, or enter a "B" for both. Enter services
that the center provides that are not listed here in the blanks at the bottom of the chart.
One -Stop Center Services:
Preliminary Services , Services Requiring
Eligibility
Training Services Employer Services
Public Information I Enrollment or Registration ' X
Financial Assistance for ' X ! Job Listing B
Training
Outreach, Recruitment B Diagnostic Assessment B
Occupational Skills B ; Candidate Screening X
Training
Determination of Program
Appropriateness for
Customer
X ' Individual Self -Sufficiency or
Employment Plans
B On -the -Job Training X , Candidate Testing X
Orientation X Counseling: Group or
Individual
R Skills Upgrading B Job Referrals B
Resource Center X Case Management
i
B Re -Training B Space for Job Interviews
I
X
Initial Assessment B Basic Education, Literacy
Training, GED Training
B Entrepreneurial Training X Labor Market Information
X
Workshops B
English as a Second
Language Training
R Apprenticeship Training
B
Local Economic
Development Information
X
Career Information B
Computer Literacy Training
B Customized or Workplace
Training
B
Employer Incentives
X
Labor Market Information X
Job Readiness Training
X I Work Experience.
Internship (including
Summer Jobs)
X
Employer Seminars
X
Job Search Skills & I B
Information
Life Skills Training
X :
Job Fairs
B
Job Referrals ! B
Supportive Services X
Services to Laid Off
Workers
X
Follow -Up B
Post -Employment or Job X
Retention Services
Outplacement Services I
X
Eligibility Determination X
Tutoring, Study Skills B '
Training
Job Analysis X
Leadership Development X
Activities
Focus Groups B
3
Exhibit A — Scope of Services
Employment Services of Weld Count
Mentoring
R
Community Navigation
Services
X
Alternative Secondary School
R
Citizenship preparation R
State Training Grants R
I
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.
Aims Community College Adult Education coordinator will work closely with ESWC
to ensure appropriate referrals are being made to students who may benefit from
additional services provided by ESWC. Additionally, once a month an ESWC staff
member conducts a workshop at Aims, meets with students and meets with the
Adult Education coordinator to review any students who would benefit from
additional services through ESWC.
4
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
Name of One -Stop Partner: Aims Community College
Type of Program: Adult Education (GED prep, ESL, CTE, Workforce Training)
Address, City, State, Zip Code: 5401 West 20th Street, P.O. Box 69, Greeley, CO 80634
Telephone Number: (970) 339-6390
Web Site: www.aims.edu
E -Mail Address: shayna.howell@aims.edu
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 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.
Listing of Partners and Services
Adult, Dislocated Worker, TAA and Youth Employment and Training Programs
AmeriCorps
Colorado Employment First (SNAP)
Colorado Works (Temporary Assistance to Needy Families)
Migrant Seasonal Farm Worker; Rocky Mountain Service Employment
Redevelopment
Wagner-Peyser
Immigrant and Refugee Center of Northern Colorado
Community Educational Outreach and Intervention Community Corrections of Weld
County
Division of Vocational Rehabilitation
Service Employment Redevelopment (SER) — Jobs for Progress National, Inc.
Aims Community College — Carl D Perkins
Jobs for Veterans State Grant Program
Community Services Block Grant
Community Resources and Housing Development Corporation
Division of Unemployment Insurance
II. General Financial Information
Aims Community College receives funding under the Carl D. Perkins act in the form
of a Perkins grant. The intention of the Perkins funding is to provide support to Career
and Technical Education programs at Aims Community College. These funds are
determined by the State of Colorado based on Perkins performance metrics and
therefore the allocation is subject to change each year. Funds are distributed through
1
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
the Colorado Community College System (CCCS) who also conducts all fiscal and
performance monitoring.
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.
• 1.5% of the yearly Perkins allocation for infrastructure costs needed as
determined by Employment Services of Weld County
Aims Community College is not physically co -located at the comprehensive one -stop
center.
Aims Community College 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 also 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. Aims Community College
agrees to provide a non -cash contribution to the one -stop system based on the
percentage of co -enrolled customers, which is reflected in Appendix A. 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.
IV. Additional Costs
Non -applicable
V. Payment and Reconciliation
Annual payments via check to Employment Services of Weld County will be made
prior to January 30 of each year.
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
2
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
(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.
Sylvia Robinson
Chair, Weld County Workforce Development Board
aJfOtGr z/fe`
Russ Rothamer (Jun 29, 2020 08:55 MDT)
Dr. Russ Rothamer
Executive Vice President, Aims Community College
3
Contract Form
New Contract Request
Entity Information
Entity Name*
AIMS COMMUNITY COLLEGE
Entity ID*
@00000167
Contract Name*
AIMS COMMUNITY COLLEGE (MEMORANDUM OF
UNDERSTANDING)
Contract Status
CTB REVIEW
New Entity?
Contract ID
3777
Contract Lead*
CULLINTA
Contract Lead Email
cullinta@coweld.co.us; cobbxxl
k@co_weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Destription*
NEW MOU BETWEEN WORKFORCE DEVELOPMENT BOARD (WDB) AND AIMS FOR WORKFORCE INVESTMENT OPPORTUNITY
ACT (WIOA). I ERM: 07/01/20-06/30123
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
ICA
Department
HUMAN SERVICES
Department Email
C M-
HumanServices@weldgov corn
Department Head Email
CM-HumanServices-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTORN EY@WELD
GOV.COM
Requested BOCC Agenda
Date*
07108/2020
Due Date
07/0412020
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 Review Date*
05/0112023
Termination Notice Period Committed Delivery Date
Renewal Date
Expiration Date
06/30/2023
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
JAMIE ULRICH
DH Approved Date
07/08/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
07/15/2020
Originator
CULLINTA
Contact Type Contact Email
Finance Approver
CHRIS D'OVIDIO
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
07/09/2020
Tyler Ref It
AG 071520
Legal Counsel
GABE KALOUSEK
Legal Counsel Approved Date
07/10/2020
Submit
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