HomeMy WebLinkAbout20180064.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. HS()
Oa/Ob1/I g
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: dsda,A) ,C.o;,A
Weld County Clerk to the Board
Deputy Clerk t
County 'rorney
Date of signature: O/I 9%?
Ste
e Moreno, Chair
Julie A. Cozad
Mike Freeman
2018-0060 thru 2018-0065
HR0089
ca
PRIVILEGED AND CONFIDENTIAL
n+ 2 Q
# ISCDO
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
2018-0064
/3
E --I OO S9
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 Yta&'nat
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 smartphone
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.weldaov.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
Immigrant and Refugee Center of Northern Colorado
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, Immigrant and Refugee Center of Northern
Colorado, (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
Page 1 of 11
applicable to the Partner and authorized under the Partner's relevant legislation and in keeping with
federal guidelines.
WHEREAS, WIOA Section 121(b)(1)(A)(iv) indicates that the requirements of each Partner's authorizing
legislation continue to apply under the local area of Weld County workforce system and that participation
in the operation of the Employment Services of Weld County one -stop delivery system is in addition to the
requirements of WIOA and other requirements applicable to each Partner under each authorizing law.
NOW THEREFORE, this MOU identifies (1) the duration of the MOU as well as the procedures for
amending it during the term or period covered by the MOU, (2) the specific services provided by the
Partner, (3) the procedures used to refer individuals between the Partners for the provision of appropriate
services and activities, and (4) the method by which the cost of these services will be allocated and
shared, if applicable.
I. TERM
The Parties' performance under this MOU shall commence on the later of (a) July 1, 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 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') 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
Page 2 of 11
the IFA; and (e) establish a process by which the Parties will reconcile the Total Costs, the
Proportionate Share and the Partner Contribution at least once per quarter throughout the term of
the IFA. Upon agreement, any IFAs for the local area shall be incorporated as legally binding
components of this MOU as if fully set forth herein, and shall be attached hereto and incorporated
herein as Exhibit B.
The Parties agree that (a) the Infrastructure Costs, Shared Costs and Total Costs will be
calculated using actual cost data, where possible, or reasonable cost estimates, where actual
data is not available; (b) the cost data or estimates underlying the calculation of the Infrastructure
Costs, Shared Costs and Total Costs will be disclosed to the Partners; (c) the methodology for
calculating each Partner's Proportionate Share of the Total Costs will be determined through a
reasonable cost allocation methodology that assigns costs to Partners in proportion to relative
benefits received; (d) the Parties will negotiate in good faith to identify the methodology as well as
the formula by which each Partner will make the Partner Contribution and to establish a process
by which the Parties will reconcile the Total Costs, the Proportionate Share and the Partner
Contribution at least once per quarter throughout the term of the IFA; and (e) in negotiating the
IFA, the Parties will comply with both the letter and the spirit of the WIOA law, regulations, Office
of Management and Budget Circulars, and CWDC-issued policy guidance.
2. Abide by State Funding Mechanism, if Implemented, Subject to the Appeals Process
If the Parties fail to agree to an IFA that meets the requirements of the CWDC 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.
Page 3of11
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.
(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 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
Page 4 of 11
MOU in accordance with Section III.A.
(3) The Parties shall have no obligation under this MOU to provide any other monies or
financial support of any kind or nature to operate or maintain the Employment Services of Weld
County One -Stop Delivery system, including proportional payment of the infrastructure costs of
the Weld County One -Stop Centers. If any such obligation is asserted against a Party, any
resulting obligation shall extend only to federal funds received and budgeted for this MOU,
appropriated annually, paid into the Treasury of the Party, and encumbered for the purpose of the
MOU, if required.
(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.
Page 5 of 11
E. Severability: Should any other provisions of this MOU be held to be invalid or unenforceable,
then the balance of the MOU shall be held to be in full force and effect as though the invalid
portion was not included; provided, however, that should the Party or Parties who would receive
the benefits of the provision, were it not invalid or unenforceable, shall have the option to
terminate this MOU, forthwith.
F. Independent Contractor: The Parties recognize and agree that each Party is an independent
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.
Page 6 of 11
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.
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:
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
Lisa Taylor
Executive Director
Immigrant and Refugee Center of Northern Colorado
917 10th Ave
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.
Page 7 of 11
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
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. §
Page 8 of 11
4215)
(vii) Training and Employment Guidance Letter (TEGL) 37-14, Update on Complying with
Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender
Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the
Workforce Development System and other guidance related to implementing WIOA sec.
188,
(viii) The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part
99),
(ix) Confidentiality requirements governing the protection and use of personal information held by
the VR agency (34 CFR 361.38),
(x) The confidentiality requirements governing the use of confidential information held by the
State UI agency (20 CFR part 603),
(xi) Title IX of the Education Amendments Act of 1972 (20 U.S.C. §1681),
(xii) All amendments to each, and
(xiii) All requirements imposed by the regulations issued pursuant to these acts.
The above provisions require, in part, that no persons in the United States shall, on the grounds of
race, color, national origin, sex, sexual orientation, gender identity and/or expression, age, disability,
political beliefs or religion be excluded from participation in, or denied, any aid, care, services or other
benefits provided by federal and/or state funding, or otherwise be subjected to discrimination.
B. Additionally, as applicable, all Parties shall:
(i) Agree that the provisions contained herein are made subject to all applicable federal and state
laws, implementing regulations, and guidelines imposed on any or all Parties relating to privacy rights
of customers, maintenance of records, and other confidential information relating to customers, and
(ii) Agree that all equipment and furniture purchased by any Party for purposes described herein
shall remain the property of the purchaser after the termination of this Agreement.
C. Drug and Alcohol -free Workplace
All Parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41 U.S.C.
702 et seq., and 2 CFR Part 182 which require that all organizations receiving grants from any
Federal agency maintain a drug -free workplace. The recipient must notify the awarding office if an
employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these
requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the
U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29
CFR part 94.
D. Certification Regarding Lobbying
All Parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352), 29 C.F.R. Part
93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The
Parties shall not lobby federal entities using federal funds and will disclose lobbying activities as
required by law and regulations.
E. Debarment and Suspension
All Parties shall comply with the debarment and suspension requirements (E.0.12549 and 12689) and
2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the
U.S. Department of Education at 2 CFR 3485.
F. Priority of Service
All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority
of service, including, but not limited to, priority of service for veterans and their eligible spouses, and
priority of service for the WIOA title I Adult program, as required by 38 U.S.C. § 4215 and its
implementing regulations and guidance, and WIOA § 134(c)(3)(E) and its implementing regulations
and guidance. Partners will target recruitment of special populations that receive a focus for services
Page 9 of 11
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(1).
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 17-
15, Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker and Youth Activities
Program Allotments for Program Year (PY) 2016; Final PY 2016 Allotments for the Wagner-Peyser
Act Employment Service (ES) Program Allotments: and Workforce Information Grants to States
Allotments for PY 2016, Public Laws 114-113 (Division H, title 1, 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.
IN WITNESS, WHEREOF the Parties hereto have duly executed this MOU as of the latest day, month
and year written below.
ATTEST;
/9/ �4.`
Dave Thompson Date
Chair, WOO County Workforce Development Board
Slave Moreno
Chief Elected Official
Lisa Taylor
Executive Director
Immigrant and Refugee Center of Northern Colorado
•
B'l'anca Fisher
Board Chair
Immigrant and Refugee Center of Northern Colorado
Page 10of11
JAN 0 S 2018
Date
l/110
Date
/1O/r8
Data
Date
Name of One -Stop Partner:
Type of Program:
Address, City, State, Zip Code:
Telephone Number:
Web Site:
E -Mail Address:
Exhibit A — Scope of Services
Employment Services of Weld County
Immigrant and Refugee Center of Northern Colorado
Adult Education (ESL, GED prep, Citizenship)
917 10th Ave, Greeley, CO 80631
970-352-7323
www. ircnoco.orq
Lisa@r2rweldcountv.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.
Immigrant and Refugee Center of Northern Colorado will fulfill access requirements
through a seamless referral process and by co -locating staff on a part-time or as
needed basis. This includes a One -Stop employee visiting our campus to enroll clients
in ConnectingColorado and a navigator on the Immigrant and Refugee Center of
Northern Colorado staff visiting employment services weekly. Cross -training staff is
also an area we are exploring and developing more this fiscal year.
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.
Immigrant and Refugee Center of Northern Colorado is inclusive of all workers,
including those with disabilities and with barriers to employment. Our in-house
learning needs specialist works with community navigators to ensure that clients can
gain adequate access to the services, technology, and materials they need by
conducting an in-depth needs assessment at the time of intake. These results are
used to inform what supports and modifications are most appropriate for the
individual. Additionally, we utilize both the staff and resources at the one -stop
provider as well the wealth of resources provided through the Division of Vocational
Rehabilitation to best serve the needs of workers, regardless of barrier or disability.
II. Service Delivery
a. Describe services you will provide, coordination of services and delivery of services.
Include physical location where services will be provided. Identify which items will be
available at workforce centers and which will be available at other locations.
1
Exhibit A — Scope of Services
Employment Services of Weld County
Immigrant and Refugee Center of Northern Colorado will provide English Language
Acquisition, High School Equivalency prep classes, citizenship preparation classes,
workplace readiness classes and tutoring for learners/job seekers. These classes and
trainings are offered in the following locations: Main Campus -917 10th Ave, Greeley;
Hudson Public Library -100 Beech St, Hudson; Fort Lupton High School -530
Reynolds, Fort Lupton, and Carbon Valley Regional Library -7 Park Ave, Firestone,
Colorado. A breakdown of which services are offered by us and which are available
through the one -stop is indicated in the chart below.
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.
Program Services:
Preliminary Services
Services Requiring
Eligibility
Training Services
Employer Services
Public Information
B
Enrollment or Registration
R
Financial Assistance for
Training
R
Job Listing
R
Outreach, Recruitment
B
Diagnostic Assessment
B
Occupational Skills
Training
B
Candidate Screening
R
Determination of Program
Appropriateness for
Customer
R
Individual Self -Sufficiency or
Employment Plans
B
On -the -Job Training
R
Candidate Testing
R
Orientation
R
Counseling: Group or
Individual
X
Skills Upgrading
R
Job Referrals
R
Resource Center
R
Case Management
B
Re -Training
R
Space for Job Interviews
R
Initial Assessment
B
Basic Education, Literacy
Training, GED Training
B
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
B
Customized or Workplace
Training
B
Employer Incentives
R
Labor Market Information
R
Job Readiness Training
B
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
B
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
B
Job Analysis
R
Leadership Development
Activities
B
Focus Groups
R
2
Exhibit A — Scope of Services
Employment Services of Weld County
Mentoring
X
Community Navigation
Services
B
Alternative Secondary School
R
Citizenship preparation
X
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.
-:
stop center Services
Preliminary Services
Services Requiring
Eligibility
Training Services
Employer Services
Public Information
B
Enrollment or Registration
X
Financial Assistance for
Training
X
Job Listing
X
Outreach, Recruitment
B
Diagnostic Assessment
B
Occupational Skills
Training
B
Candidate Screening
X
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
X
Job Referrals
X
Resource Center
X
Case Management
B
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
B
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
B
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
B
Focus Groups
X
Mentoring
R
Community Navigation
Services
B
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.
Immigrant and Refugee Center of Northern Colorado refers clients directly to
Employment Services primarily through coordination between community navigators
or instructional staff in our organization and case workers at the one -stop. Often, the
Immigrant and Refugee Center of Northern Colorado staff member will accompany
the client/student/job seeker to Employment Services in case interpretation services
are needed and/or to ensure there is a soft hand off. The clients served by Immigrant
and Refugee Center of Northern Colorado also enjoy access to an employment
services staff member who helps with referrals on -site. Once a client is referred to the
one -stop, our staff member does a follow-up with the individual within 8 business days.
Updates are then entered in the client's file ("Juan enrolled in ConnectingColorado, is
eligible for a training program at Employment Services, 8/9/17" for example). Likewise,
if staff at the one -stop determines that a client has language barriers to employment,
he/she refers them to Immigrant and Refugee Center of Northern Colorado. Because
Immigrant and Refugee Center of Northern Colorado and Employment Services
employees have open lines of communication, emails and phone calls to direct staff
in both agencies often accompany the referral.
4
Exhibit B — Infrastructure Funding Agreement (IFA)
Employment Services of Weld County
Name of One -Stop Partner:
Type of Program:
Address, City, State, Zip Code:
Telephone Number:
Web Site:
E -Mail Address:
Immigrant and Refugee Center of Northern Colorado
Adult Education (ESL, GED prep, Citizenship)
917 10th Ave, Greeley, CO 80631
970-352-7323
www.ircnoco.orq
LisaCa r2rweldcounty.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
The Immigrant and Refugee Center of Northern Colorado (IRC) receives AEFLA funding
through WIOA for the purpose of adult education and workforce training/preparation. These
funds amount to $232,000 annually from July 1 —June 30. Funds are distributed through the
Colorado Department of Education, who also conducts all fiscal and performance
monitoring.
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.
The infrastructure costs budget for the one -stop system in Weld County includes the
following, agreed upon line items:
• $3,480.00 (1.5% of the $232,000 granted to IRC) for whatever infrastructure costs are
needed as determined by Employment Services of Weld County
The Immigrant and Refugee Center of Northern Colorado is not physically co -located at the
comprehensive one -stop center.
The IRC 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. The IRC
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 (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
2
Exhibit B Infrastructure Funding Agreement (WA)
Employment Services of Weld Count
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 he 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,
Dave -Thompson
Chair. Weld County Work force Development Board
ct_7 l_ l«r (
Lisa Taylor `
Executive Director, immigrant and Refugee Center of Northern Colorado
3
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