HomeMy WebLinkAbout20180061.tiffRESOLUTION
RE: APPROVE SIX (6) MEMORANDUMS OF UNDERSTANDING FOR WORKFORCE
DEVELOPMENT AND EMPLOYMENT SERVICES AND AUTHORIZE CHAIR TO SIGN -
VARIOUS PARTNERS
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 six (6) Memorandums of Understanding
for Workforce Development and Employment Services 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, and various partners listed below, commencing upon full
execution of signatures, and ending June 30, 2020, with further terms and conditions being as
stated in said memorandums of understanding, and
1. Aims Community College
2. Community Educational Outreach, and Intervention Community Correction
Services of Weld County
3. Division of Vocational Rehabilitation
4. Division of Unemployment Insurance
5. Immigrant and Refugee Center of Northern Colorado
6. Jobs for Veterans State Grant Program
WHEREAS, after review, the Board deems it advisable to approve said memorandums of
understanding, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the six (6) Memorandums of Understanding for Workforce Development
and Employment Services 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,
and the various partners listed above, be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said memorandums of understanding.
c -c- HSO
oaroa/I S
2018-0060 thru 2018-0065
HR0089
RE: SIX (6) MEMORANDUMS OF UNDERSTANDING FOR WORKFORCE DEVELOPMENT
BOARD AND EMPLOYMENT SERVICES - VARIOUS PARTNERS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of January, A.D., 2018, nunc pro tunc January 1, 2018.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: da,(0)v • .�Clto•
Weld County Clerk to the Board
BY:
Deputy Clerk t
APP D AS
County °'"orney
Date of signature: ,019(l8
e Moreno, Chair
Ste
Mike Freeman
way J
Julie A. Cozad
2018-0060 thru 2018-0065
HR0089
C,004-CctC+ _D 1 t Coo O
PRIVILEGED AND CONFIDENTIAL
MEMORANDUM
DATE: December 19, 2017
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Workforce Development Board and Employment
Services of Weld County (ESWC) Memorandum of Understanding
(MOU) with Various Partners
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 (ESWC) Memorandum of Understanding (MOU) with Various Partners. The purpose of
the Memorandum of Understanding (MOU) is to 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 Parties' performance under this MOU shall commence on the date this MOU becomes fully executed (the
`Effective Date'). This MOU shall remain in effect until June 30, 2020, unless previously terminated or updated
by one of the parties pursuant to the terms of 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).
The partners and their financial contribution are as follows:
Aims Community College
$6,018.00 (1.5% of the 2017-2018 Perkins
Allocation)
Community Educational Outreach, and
Intervention Community Correction Services
of Weld County
Non -Applicable as clientele is specific to a
certain population
Division of Vocational Rehabilitation
In -kind; not Co -located
Division of Unemployment Insurance
In -kind valued at $14,215.60 (Based on PY15
Customer Base)
Immigrant and Refugee Center of Northern
Colorado
$3,480.00 (1.5% of allocated grant)
Jobs for Veterans State Grant Program
$8,692 (Based on Wagner Peyser Supplies and
Purchased Services and FTE's in Annual Plan)
Pass -Around Memorandum; December 19, 2017 - CMS ID Various
/3
2018-0061
HRoOg
PRIVILEGED AND CONFIDENTIAL
I do not recommend a Work Session. I recommend approval of these MOUs.
Sean P. Conway
Julie A. Cozad, Chair
Mike Freeman
Barbara Kirkmeyer
Steve Moreno, Pro -Tern
Approve Schedule
Recommendation Work Session
OK VVAtomaL
Other/Comments:
Pass -Around Memorandum; December 19, 2017 — CMS ID Various
Karla Ford
From:
Sent:
To:
Subject:
Julie Cozad
Thursday, December 21, 2017 10:20 AM
Karla Ford
Re: PA for Routing (WIOA MOUs)
Yes. I don't need a worksession.
Sent from my Verizon, Samsung Galaxy srnartphone
Original message
From: Karla Ford <kford@weldgov.com>
Date: 12/21/17 6:57 AM (GMT -07:00)
To: Julie Cozad <jcozad@weldgov.com>
Subject: FW: PA for Routing (WIOA MOUs)
Are you ok with this pass around also?
Karla Ford R
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford@weldgov.com :: www.weldoov.com
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain Information that is privileged, confidential or otherwise protected from disclosure. if you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of
this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Tobi Vegter
Sent: Wednesday, December 20, 2017 2:48 PM
To: Karla Ford <kford@weldgov.com>
Cc: HS Contract Management <HS_Contract_Management@co.weld.co.us>; Barb Connolly <bconnolly@weldgov.com>;
Bruce Barker <bbarker@weldgov.com>; Esther Gesick <egesick@weldgov.com>; Lennie Bottorff
<bottorll@weldgov.com>; Judy Griego <griegoja@weldgov.com>; Jamie Ulrich <ulrichjj@weldgov.com>
Subject: PA for Routing (WIOA MOUs)
Good afternoon, Karla.
On behalf of Judy Griego, please see attached PA for routing related to the Workforce Investment Opportunity Act
(WIOA) MOUs. MOUs received to date have been uploaded to CMS; others will be uploaded as they are received.
1
Weld County Workforce Development Board
MEMORANDUM OF UNDERSTANDING FOR SERVICE DELIVERY AGREEMENTS
Between
Weld County Workforce Development Board, Employment Services of Weld County
And
Community Educational Outreach and Intervention Community Corrections of Weld County
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, Community Educational Outreach and
Intervention Community Corrections of Weld County, (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 Sec. 121(h); (c) enter into a MOU
with the LWDB, relating to the operation of the one -stop system, that meets the requirements of WIOA Sec.
121(c); (d) participate in the operation of the one -stop system consistent with the terms of this MOU, the
requirements of this title, and the requirements of the Federal laws authorizing the program or activities;
and (e) provide representation on the State board to the extent provided under WIOA Sec. 101.
WHEREAS, WIOA Section 121(b)(2) prescribes how other entities that carry out programs other than those
required under WIOA Section 121(b)(1)(B) may be one -stop partners for the local area of Weld County as
additional Partners and provide the services available under their programs through the Employment
Services of Weld County one -stop delivery system.
WHEREAS, WIOA Section 121(b)(2)(A) provides that both required and additional partners are Partners
for the local area. Therefore, all entities that participate in the local area of Weld County service delivery
system as Partners, whether required or additional, must be Parties to this MOU and must abide by the
terms prescribed herein and by all applicable federal, state, and local rules, plans, and policies as applicable
to the Partner and authorized under the Partner's relevant legislation and in keeping with federal guidelines.
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O201g .06.1
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, 2017, or (b) the date
this MOU becomes fully executed (the 'Effective Date'). This MOU shall remain in effect until June 30,
2020, 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 Countyarea. 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') no later than January 1, 2018; (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 by the October 1, 2017 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 by October 1, 2017. 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
Page 2 of 10
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 by October 1, 2017,
the State will implement the State Funding Mechanism to determine each Partner's Contribution.
As applicable, (a) the Parties agree to abide by the terms of the State Funding Mechanism, if
implemented, subject to the appeals process set forth by the CWDC; and (b) the Partners who are
not subject to the State Funding Mechanism agree that, if the State Funding Mechanism is
implemented, such Partner will continue in good faith to negotiate an IFA that meets the
requirements of the CWDC.
III. PROVISIONS
A. Termination of MOU
(1) Any Party wishing to terminate this MOU must provide written notice, by certified mail, return
receipt requested, stating its intent to terminate to the other Parties at least thirty (30) days prior
to the effective date of termination of the MOU. All rights and obligations of the Parties under
this MOU shall cease on the effective date of such termination, with the sole exception of any
liabilities which the Parties may have incurred and the Parties' confidentiality obligations under
Paragraph IV.B.
(a) Per WIOA Section 121, any Partner that terminates its role as a Party to this MOU is no
longer eligible to participate as a Partner with the Local Workforce system and will not be
permitted to serve on the LWDB as a Partner representative.
(b) A Partner of this MOU that subsequently loses federal funding or the authority to administer
the federal program in the Area and therefore no longer qualifies as a required Partner
under WIOA Section 121(b)(1) must send written notice of the change in status to all the
Parties as soon as possible. In such an event, a formal amendment to this MOU per
Paragraph B of this Article will be required. The entity may continue as an additional Partner
if mutually agreed to by the LWDB, CEO, and the remaining Partners.
B. Modifications and Amendments
(1) Except as specifically provided in this MOU, modifications of this MOU shall not be effective
unless agreed to in writing by the Parties in an amendment to this MOU, properly executed and
approved in accordance with applicable state and local laws, rules, and policies.
Page 3 of 10
(2) In accordance with 20 CFR 678.500(d) the Parties agree to review the terms of this MOU not
less than every three (3) years following the Effective Date to reflect any changes in the delivery
of services, signatory official of the Parties, or one -stop infrastructure funding. Each Party to
this agreement shall inform the other of any such changes until such time the agreement is
modified in accordance with Section 111.6(1) above. Should the need arise, the Parties may
review the MOU on a more frequent basis and if substantial changes have occurred, amend
the MOU to ensure appropriate funding and delivery of services. Weld County shall initiate and
oversee periodic review(s).
(3)
The Parties may modify an exhibit attached to this MOU without written amendment to the
MOU; provided, however, that no such modification to an exhibit shall result in or be binding
on the Parties if the modification requires an increase to a Party's total amount of cost sharing
costs as set forth in Exhibit B. Any modification to an exhibit agreed to by the parties that
requires an increase in a Party's total amount of cost sharing costs shall be evidenced by a
written amendment to this MOU prepared and executed by both parties in accordance with
Section III.B.(1) above.
The parties shall, in each instance, memorialize in writing any and all modifications to an exhibit
by revising and restating that exhibit and referencing the contract control numbers, if any, for
this MOU. A proposed modification to an exhibit will be effective only when it has been
approved in writing by the authorized representatives of the Parties, 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 Sec. 121(c)(2)(A)(ii) requires that the funding arrangements for services and operating
costs of the Employment Services of Weld County Workforce Center One -Stop service delivery
system must be described in this MOU. Under WIOA, each Partner that carries out a program or
activities in a Weld County One -Stop Center or otherwise in the Local Area must use a portion of
its funds available for such programs and activities, to operate and maintain the Employment
Services of Weld County One -Stop delivery system, including proportional payment of the
Infrastructure Costs, Additional Costs, and Total Costs of the Weld County One -Stop Centers (20
CFR § 678.700). All cost sharing agreements set forth in Exhibit B or elsewhere in this MOU are
subject to all federal laws, rules, regulations, Office of Management and Budget Circulars, and
guidance governing the specific program or activities for which cost sharing is required under
WIOA. All obligations of the Parties under this MOU for cost -sharing arrangements, whether in
whole or in part, are subject to and contingent upon the continuing availability of federal funds
authorizing the program or activity for which cost sharing is required under WIOA and shall
extend only to funds appropriated annually by the State of Colorado or the County / Denver City
Council, paid into its Treasury City, and encumbered for the purpose of this MOU.
(2) In the event that federal funds, or any part thereof, are not awarded to a Party for a
program or activity for which cost sharing is required under WIOA or are reduced or eliminated by
the federal government, the Parties may modify Exhibit B, in accordance with Section III.B., or the
Party whose program or activity was not funded or was reduced or eliminated may terminate this
MOU in accordance with Section III.A.
(3) The Parties shall have no obligation under this MOU to provide any other monies or
financial support of any kind or nature to operate or maintain the Employment Services of Weld
County One -Stop Delivery system, including proportional payment of the infrastructure costs of
the Weld County One -Stop Centers. If any such obligation is asserted against a Party, any
resulting obligation shall extend only to federal funds received and budgeted for this MOU,
Page 4 of 10
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. 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.
Page 5 of 10
F. Independent Contractor: The Parties recognize and agree that each Party is an independent
contractor for all purposes, both legal and practical, in performing services under this MOU, and
that each Party and its agents and employees are not agents or employees of the other Party for
any purpose. As an independent contractor, each Party shall be responsible for employing and
directing their own personnel and agents as is required to perform the services provided pursuant
to this MOU, and shall exercise complete authority over its own personnel and agents, and shall
be fully responsible for their actions. Each Party acknowledges that their agents and employees
are not agents or employees of the other Party, for any purpose.
Nothing in this MOU will be construed to make one Party an employee, franchisee, joint venturer,
agent or Partner, of the other Party. No Party will represent itself to have any authority to bind any
other Party to act on its behalf, except as expressly set forth herein. No Party will have the right to
represent itself as having the authority to pledge the other Party's credit or extend credit in the other
Party's name. No Party will have the right to execute any agreements in the other Party's name,
or to bind the other Party in any way.
The Parties acknowledge that they are not entitled to unemployment benefits or workers
compensation benefits from the other Party, its elected officials, agents or any program
administered or funded by the other Party. The Parties shall be entitled to unemployment coverage
or workers compensation insurance only if unemployment compensation coverage or workers
compensation coverage is provided by that Party's Program or some other entity that is not a Party
to this MOU.
G. Third Party Indemnification: To the extent permitted by law, each Party shall defend, indemnify
and hold harmless the State and its officers and employees from any and all claims, liabilities or
penalties suffered by the State or its officers and employees, and any and all claims, liabilities or
penalties asserted against the State or its officers and employees, by or on behalf of any person,
on account of, based on or resulting from, or arising out of (or claimed to have arisen out of) the
acts or omissions of the Non -State Party. Notwithstanding the foregoing, nothing herein shall be
deemed to constitute a waiver of the State's or any governmental entity's sovereign immunity,
which immunity is hereby reserved to the State or other governmental entity which is a Party to this
MOU.
H. Governmental Immunity: Liability for claims for injuries to persons or property arising from the
negligence of the Parties, their departments, institutions, agencies, boards, commissions,
committees, bureaus, offices, officials, and employees shall be controlled and limited by the
provisions of the Governmental Immunity Act § 24-10-101, et seq.; the Federal Tort Claims Act, 28
U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the risk management statutes, C.R.S. § § 24-
30-1501, et seq., as amended.
I. Third -Party Beneficiary: The enforcement of the terms and conditions of this MOU and all rights of
action relating to such enforcement, shall be strictly reserved to the Parties, and nothing contained
in this MOU shall give or allow any claim or right of action whatsoever by any non -Party. It is the
express intent of the Parties to this MOU that any person receiving services or benefits under this
MOU shall be deemed an incidental beneficiary only.
J. Assignment: The Parties' rights and obligations hereunder are personal and may not be
transferred, assigned, or subcontracted without the prior written consent of the LWDB. Any attempt
at assignment, transfer, or subcontracting without the written consent of the LWDB shall be void.
K. Compliance with Law: The Parties shall strictly comply with all applicable federal and state laws,
rules, and regulations in 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.
Page 6 of 10
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:
For Party 2:
For Party 3:
For Party 4:
And copies to:
Weld County Workforce Development Board
Board Chair
c/o CeCe Moreno
315 N 11 Avenue Bldg. B
PO Box 1805
Greeley, CO 80632-1805
Tami Grant
Division Head
Employment Services of Weld County
315 N 11 Avenue Bldg. B
PO Box 1805
Greeley, CO 80632-1805
Vanessa Peterson
Executive Director
Community Educational Outreach
1101 H St.
Greeley, CO 80631
Raquel Denaeyer
Program Director
Intervention Community Corrections of Weld County
1101 H St.
Greeley, CO 80631
Lisa Eze
Purchasing Director
Colorado Department of Labor and Employment
633 17th Street, 11th Floor
Denver, CO 80202
303-318-8054
Lisa.eze@state.co.us
N. Ownership of Materials and Information: Unless otherwise provided for in this MOU, the Parties
agree that all material, information, data, computer software, documentation, studies, and
evaluations produced by the State in the performance of this MOU are the sole property of the
State.
O. Conflict of Interest: Each Party acknowledges that with respect to this MOU, even the appearance
of a conflict of interest is harmful to the Party's interests. Each Party shall refrain from any
practices, activities, or relationships that reasonably may appear to be in conflict with the full
performance of such Party's obligations under this MOU.
P. Authorization: Each person signing this MOU represents and warrants that he or she is duly
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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.
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 VI of the Civil Rights Act of 1964 (Public Law 88-352),
(iii) Section 504 of the Rehabilitation Act of 1973, as amended,
(iv) Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 24 CFR Part 99)
(v) The Americans with Disabilities Act of 1990 (Public Law 101-336),
(vi) Priority of service for veterans in U.S. Department of Labor funded programs (38 U.S.C. §
4215)
(vii) Training and Employment Guidance Letter (TEGL) 37-14, Update on Complying with
Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender
Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce
Development System and other guidance related to implementing WIOA sec. 188,
(viii) The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part
99),
(ix) Confidentiality requirements governing the protection and use of personal information held by
Page 8 of 10
the VR agency (34 CFR 361.38),
(x) The confidentiality requirements governing the use of confidential information held by the
State UI agency (20 CFR part 603),
(xi) Title IX of the Education Amendments Act of 1972 (20 U.S.C. §1681),
(xii) All amendments to each, and
(xiii) All requirements imposed by the regulations issued pursuant to these acts.
The above provisions require, in part, that no persons in the United States shall, on the grounds of race,
color, national origin, sex, sexual orientation, gender identity and/or expression, age, disability, political
beliefs or religion be excluded from participation in, or denied, any aid, care, services or other benefits
provided by federal and/or state funding, or otherwise be subjected to discrimination.
B. Additionally, as applicable, all Parties shall:
(i) Agree that the provisions contained herein are made subject to all applicable federal and state
laws, implementing regulations, and guidelines imposed on any or all Parties relating to privacy rights
of customers, maintenance of records, and other confidential information relating to customers, and
(ii) Agree that all equipment and furniture purchased by any Party for purposes described herein shall
remain the property of the purchaser after the termination of this Agreement.
C. Drug and Alcohol -free Workplace
All Parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C.
702 et seq., and 2 CFR Part 182 which require that all organizations receiving grants from any Federal
agency maintain a drug -free workplace. The recipient must notify the awarding office if an employee of
the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements
may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U.S. Department
of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94.
D. Certification Regarding Lobbying
All Parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352), 29 C.F.R. Part 93,
and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The
Parties shall not lobby federal entities using federal funds and will disclose lobbying activities as
required by law and regulations.
E. Debarment and Suspension
All Parties shall comply with the debarment and suspension requirements (E.0.12549 and 12689) and
2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S.
Department of Education at 2 CFR 3485.
F. Priority of Service
All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority
of service, including, but not limited to, priority of service for veterans and their eligible spouses, and
priority of service for the WIOA title I Adult program, as required by 38 U.S.C. § 4215 and its
implementing regulations and guidance, and WIOA § 134(c)(3)(E) and its implementing regulations and
guidance. Partners will target recruitment of special populations that receive a focus for services under
WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and
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
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Each Party certifiers that, when operating grants funded by the U.S. Department of Labor, It complies
with TELL 05.06, Implementing the Salary and Bonus Lima lotions In PubUc Lew 109.234, TEGI 1T-15,
Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities
Program Allotments for Program Year (PY) 2018; Final PY 2018 Allotments for the Wagner-Peyser Act
Employment Service (ES) Program Allotments; and Workforce Information Grants to States Allotments
for PY 2018, 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 end bonuses of an Individual,
whether charged to either direct or Indirect. al a rate in excess of the Federal Office of Personnel
Management Executive Level II,
IN WITNESS, WHEREOF the Parties hereto have duly executed this MOU as of the latest day, month
and year written below.
AlTesTe2 7/--°1,1,4
Dave Thompson
Chair, Wed County Workforce Development Board
Sieve Moreno
Chief Elected Official
Vm,essa Pdeui,,i
Executive Director
Community Educalianal Outreach
Raquel Denaey
Program Director
Intervention Community Corrections of Weld County
Page 10 of 10
/( I/6O/e
Date
JAN 0 3 ZD1B
Date
11 t01�5
Date
Dale
0 I'g'- 0OCD (
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:
Community Educational Outreach
Adult Education (ESL, HSE prep, Employment)
1101 H St. Greeley, CO 80631
970-584-2773
www.ceocolorado.orq
Vanessa@ceocolorado.orq
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.
Cross -trained staff— Community Educational Outreach (CEO), will partner with the
Weld Workforce Center to train all staff on the various services provided through
the workforce center. This training will happen on an annual basis to ensure all
staff are being kept abreast of the services.
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.
All partners are in agreement that they will work together to ensure that the needs
of workers and individuals with barriers to employment will be addressed. Staff are
working together to identify areas of needed improvement to enhance services to
individuals that require assistance.
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.
Community Educational Outreach provides the following services to all Intervention
Community Correction Services (ICCS) clients:
I. Intake/orientation
II. TABE assessment
III. Employment readiness assessment
IV. Adult Basic Education/High School Equivalency Academic instruction
V. Employment readiness instruction
1
Exhibit A — Scope of Services
Employment Services of Weld County
VI. Career/employment counseling
VII. Life skills training
Community Educational Outreach will refer ICCS clients cleared to leave the facility to the Weld
Workforce Center for the following services:
I. Resource Room Access
II. Workshops
III. Career Information & Counseling
IV. Program eligibility
V. On-the-job training/skills upgrading/re-training
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
R
Enrollment or Registration
X
Financial Assistance for
Training
R
Job Listing
R
Outreach, Recruitment
R
Diagnostic Assessment
R
Occupational Skills
Training
R
Candidate Screening
R
Determination of Program
Appropriateness for
Customer
R
Individual Self -Sufficiency or
Employment Plans
R
On -the -Job Training
R
Candidate Testing
R
Orientation
X
Counseling: Group or
Individual
R
Skills Upgrading
R
Job Referrals
R
Resource Center
R
Case Management
R
Re -Training
R
Space for Job Interviews
R
Initial Assessment
X
Basic Education, Literacy
Training, GED Training
X
Entrepreneurial Training
R
Labor Market Information
R
Workshops
B
English as a Second
Language Training
X
Apprenticeship Training
R
Local Economic
Development Information
R
Career Information
B
Computer Literacy Training
X
Customized or Workplace
Training
R
Employer Incentives
R
Labor Market Information
R
Job Readiness Training
X
Work Experience,
Internship (including
Summer Jobs)
R
Employer Seminars
R
Job Search Skills &
Information
B
Life Skills Training
B
Job Fairs
R
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
Eligibility Determination
R
Tutoring, Study Skills
Training
X
Job Analysis
R
2
Exhibit A — Scope of Services
Employment Services of Weld County
Leadership Development
Activities
R
Focus Groups
R
Mentoring
R
Community Navigation
Services
R
Alternative Secondary School
R
Citizenship preparation
R
State Training Grants
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
X
Enrollment or Registration
B
Financial Assistance for
Training
X
Job Listing
X
Outreach, Recruitment
X
Diagnostic Assessment
X
Occupational Skills
Training
X
Candidate Screening
X
Determination of Program
Appropriateness for
Customer
X
Individual Self -Sufficiency or
Employment Plans
X
On -the -Job Training
X
Candidate Testing
X
Orientation
B
Counseling: Group or
Individual
R
Skills Upgrading
X
Job Referrals
X
Resource Center
X
Case Management
X
Re -Training
X
Space for Job Interviews
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
X
Local Economic
Development Information
X
Career Information
B
Computer Literacy Training
B
Customized or Workplace
Training
X
Employer Incentives
X
Labor Market Information
X
Job Readiness Training
B
Work Experience,
Internship (including
Summer Jobs)
X
Employer Seminars
X
Job Search Skills &
Information
B
Life Skills Training
B
Job Fairs
X
Job Referrals
B
Supportive Services
X
Services to Laid Off
Workers
X
Follow -Up
B
Post -Employment or Job
Retention Services
X
Outplacement Services
X
Eligibility Determination
X
Tutoring, Study Skills
Training
B
Job Analysis
X
Leadership Development
Activities
X
Focus Groups
X
Mentoring
R
Community Navigation
Services
X
3
Exhibit A — Scope of Services
Employment Services of Weld County
Alternative Secondary School
R
Citizenship preparation
R
State Training Grants
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.
Community Educational Outreach staff will connect with the Weld Workforce
Center staff to determine the most appropriate referral path and mechanism for
ongoing communication regarding individual clients. CEO will ensure that all
clients referred to the Weld Workforce Center will have adequate information on
how and where to access workforce services. CEO will also ensure that
workforce staff has information on ICCS client needs/requirements related to
workforce services and have the appropriate contact methods and information for
questions, input and feedback. A CEO staff representative will conduct regular
site visits with Weld Workforce Center staff.
Because CEO is housed and contracts with community corrections to work with
that specific population, CEO cannot accept outside referrals to its programs.
Additionally, this does limit the shared data systems and documentation from
CEO.
4
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
Name of One -Stop Partner: Community Educational Outreach (CEO)
Type of Program: Adult Education
Address, City, State, Zip Code: 1101 H Street Greeley, CO 80631
Telephone Number: 970-339-6237
Web Site: https://ceocolorado.org/
E -Mail Address: vanessa@ceocolorado.orq
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, 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
Community Educational Outreach is partially funded by the Colorado Department of
Education through the Adult Education and Family Literacy grant. CEO is also funded
through Intervention Community Corrections Services with in -kind space and monetary
funds for instructional staff In addition, CEO seeks additional grant funding and individual
donations.
1
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
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.
With most partnerships, referrals and assistance should be fluid however, Community
Educational Outreach is unique in that their services cannot be made available to the public.
To further explain, CEO is housed within the Intervention Community Correction Services
(ICCS) facility, and therefore cannot accept outside referrals only those provided through the
justice system.
CEO estimates their costs to serve this population as equal to $31,195
Service
Value
In -kind space
$27,157
Equipment/Technology
$4,038
IV. Additional Costs
Non -applicable
V. Payment and Reconciliation
Community Educational Outreach shall make its partner contribution through in -kind of rent
and technology costs associated with providing services to customers in the Weld County
correctional system.
VI. Certification
This is to certify that all costs included in this plan are allowable and in accordance with the
requirements of the federal awards to which they apply and 2 CFR 200 (Uniform Guidance),
Cost Principles for State and Local Governments. Unallowable costs have been adjusted for
in allocating costs as indicated in the cost allocation plan.
All costs included in this plan are properly allocable to federal awards on the basis of a
beneficial or causal relationship between the expenses incurred and the agreements to which
they are allocated in accordance with applicable requirements. Further, the same costs that
have been treated as indirect costs have not been claimed as direct costs. Similar types of
costs have been accounted for consistently and notification will be provided regarding any
accounting changes that would affect the proposal materially.
I certify that this is true and correct to the best of my knowledge.
2
Exhibit B -- Infrastructure Funding Agreement (IPA)
Employment Services of Weld County
Dave Thompson
Chair, Weld County Workforce Development Board
Vanessa Peterson
Executive Director, Community Educational Outreach
Hello