HomeMy WebLinkAbout20162775.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR WORKFORCE INNOVATION
AND OPPORTUNITY ACT AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Memorandum of Understanding for the
Workforce Innovation and Opportunity Act among the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, Employment Services Division, the Workforce Development Board, and the
Colorado Department of Labor and Employment, Division of Unemployment Insurance,
commencing July 1, 2016, and ending June 30, 2019, with further terms and conditions being as
stated in said memorandum of understanding, and
WHEREAS, after review, the Board deems it advisable to approve said memorandum of
understanding, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Memorandum of Understanding for the Workforce Innovation and
Opportunity Act among the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services,
Employment Services Division, the Workforce Development Board, and the Colorado Department
of Labor and Employment, Division of Unemployment Insurance, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Acting Chair Pro -Tern be, and hereby
is, authorized to sign said memorandum of understanding.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 31st day of August, A.D., 2016, nunc pro tunc July 1, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dfd;%ok. EXCUSED
Mike Freeman, Chair
Weld County Clerk to the Board
EXCUSED
BY:
uty Clerk to the Board
APPRO
County Attorney
Date of signature:
ORM1
Steve Moreno
Sean P. Conway, Pro -Tern
6)-Th
Julie A. Cozad, Acting C
rbar Kirkmeyer
c-c:H.3OCo-C7ICVy-N/S(3,
IO(a / 1(O
2016-2775
HR0087
bk--Erd x I64t1021
MEMORANDUM
DATE: June 28, 2016
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 Memorandum's of
Understanding with Various Partners
Please review this and indicate if you would like a work session prior to placing these items on
the Board's agenda.
Request Board Approval of the Weld County Workforce Development Board and
Employment Services of Weld County Memorandum's of Understanding 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 of 2014. The parties' performance under the MOU shall commence on July 1,
2016, and shall terminate June 30, 2019 unless previously terminated or updated by one of the
parties pursuant to the terms of the MOU. The MOU's are non -financial and have been
reviewed by Karin McDougal. The partners are as follows:
• Colorado Department of Labor and Employment (CDLE) — Jobs for Veterans State
Grant (JVSG)
• Division of Unemployment Insurance
I do not recommend a Work Session. I recommend approval of these MOU's.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
2016-2775
Pass -Around Memorandum; June 28, 2016 (ID#'s TBD) Page 1
MEMORANDUM OF UNDERSTANDING
Between
Weld County Workforce Development Board, Employment Services of Weld County, and the Colorado
Department of Labor and Employment, Division of Unemployment Insurance
3$+ THIS MEMORANDUM OF UNDERSTANDING (MOU) made and entered into this
� day of /uqIA S+ , 2016, by and between the Board of Commissioners of Weld County, Colorado, on
behalf of the Weld"County Division of Human Services, Employment Services of Weld County, (ES WC),
Weld County Workforce Development Board (WDB), and the Colorado Department of Labor and
Employment (CDLE), Division of Unemployment Insurance (UI)
WITNESSETH:
WHEREAS, the Workforce Innovation and Opportunity Act of 2014 provides the framework for
workforce investment activities through statewide and local workforce investment systems which increase the
employment, education, occupational skill attainment, and improves the quality of the workforce, reduces
welfare dependency, and enhances the productivity and competitiveness of the nation; and
WHEREAS, the Workforce Innovation and Opportunity Act of 2014, designates required
partnerships in the local workforce development regions and promotes coordinated partnerships and
memorandums of understandings between the partners in delivering workforce development activities, and
WHEREAS, the Workforce Development Board, in conjunction with the Weld County Board of
Commissioners conducts oversight with respect to the local programs and activities of the workforce delivery
system through Employment Services, and
WHEREAS, the parties agree that alignment and coordination will support increased employment
opportunities for individuals obtaining UI, and
follows.
NOW THEREFORE, in consideration of the premises, the parties hereto Covenant and agree as
I. Purpose: The purpose of this MOU is to establish an agreement between the above mentioned
entities conceming respective roles and responsibilities for implementation of the Workforce
Innovation and Opportunity Act of 2014.
Additionally, this agreement is to coordinate resources to prevent duplication and ensure the effective
and efficient delivery of workforce development services in Weld County. This agreement also
establishes joint processes and procedures which will enable partners to integrate the current service
delivery system, resulting in a seamless and comprehensive array of education, human service, job
training and other workforce development services to Weld County residents.
Parties to this document will coordinate and perform the activities and services described herein
within the scope of legislative requirements goveming the parties' respective programs, services and
agency requirements. Parties to this document also agree to the responsibilities, obligations, and
accomplishment of the performance standards and desired outcomes described in Sections III and
IV.
II. Term: The Parties' performance under this MOU shall commence on July 1, 2016, and shall
terminate June 30, 2017, unless previously terminated or updated by one of the parties pursuant to the
terms of this MOU. Either party who wishes to rescind this MOU must provide written notice stating
their intent to the other party at least thirty (30) days prior to the desired end date of the MOU.
1
III. Description of Roles and Responsibilities:
A. Joint Responsibilities
• review options for coordinating intake forms and data requirements; and
• explore opportunities for coordination and submission of grants or other funding
opportunities to enhance or strengthen employment opportunities for individuals
obtaining Unemployment Insurance;
• provide information on points of entry into ConnectingColorado;
B. Employment Services' Responsibilities
• Provide opportunities for cross training of staff, including but not limited to:
o Use of the One -Stop Resources
o Utilizing the open job orders list
o Assisting job seekers with accessing and completing applications in
ConnectingColorado
o For customers co -enrolled in partner programs, provide the following information
regarding services available at Employment Services:
• orientation to the programs;
• intake and eligibility;
• basic assessment;
• career planning;
• case management;
• coordinated job search activities;
• coordinated job development and job placement;
• hiring and career development events;
• follow-up as required by finding sources
• Maintain a web site that provides online information regarding services that are available at
Employment Services
Have a minimum of one desktop computer located at the local comprehensive One -Stop Center that
will be include, at a minimum, online chat or other instant messaging functionality to the UI Division.
Reasonable accommodations will be made if the customer is unable to use the available technologies
because of a disability and/or language barriers.
C. Division of Unemployment Insurance Responsibilities
• Access to Services:
o In the comprehensive One -Stop Centers, the UI Division will provide direct technological links
to representatives with UI expertise for customers seeking services. The UI Division will provide
those technological links on a minimum of one desktop computer located at the local
comprehensive One -Stop Center. The UI Division will also provide the technical support to set
up the technological links to UI services. The links will include, at a minimum, online chat or
other instant -messaging functionality. Other reasonable accommodations will be made if the
customer is unable to use the available technologies because of a disability.
o In addition the UI Division and the One Stop Centers will make cross -training opportunities
available to one another, as it relates to assisting customers with general information on UI
benefits and reemployment services.
• Service Delivery:
o Customers utilizing comprehensive One Stop Centers will have access to UI expertise through
Web chat or other technology solutions offered by the UI Division on a minimum of one desktop
computer in the comprehensive One -Stop resource room.
2
The UI Division will make representatives with UI expertise available via Web chat or other
technology solutions to provide specific, individualized information to each customer regarding
all aspects of unemployment, including filing a claim, eligibility requirements and how it may
relate to the individual's circumstances.
• Current Resources:
o Customer access to UI expertise through instant -messaging functionality or other technology
solutions is provided through in -kind resources.
• Referrals:
o The UI Division requires customers to register for work with a One -Stop Center. The UI
Division refers the customer to the Connecting Colorado Web site or to contact the center
directly for in -person services when an individual files a claim to complete the registration. UI
also refers customers to One -Stop Centers to complete UI required activities and for assistance
with reemployment services.
o There are electronic reports that are transmitted between the UI Division and the One -Stop
Centers to communicate the referrals to one another. Activity tracking is also built into the
system or program design based on the specific services or initiative and transmitted through
electronic reports, as appropriate for the program.
o UI and One Stop Center representatives have view access to the partner agency's database, as
appropriate. Each database contains relevant claimant information. This includes daily updates
on the status of a claimant within Connecting Colorado and transmission of UI wage records to
Connecting Colorado on a quarterly basis.
• Assurances:
o Although the UI Division provides direct technological links at the comprehensive One -Stop
Centers to representatives with UI expertise for customers seeking services as the primary access
of services, other reasonable accommodations will be made for customers with barriers that are
seeking services, including those with disabilities or limited English proficiency.
IV. Performance: The partners jointly agree to high performance for the workforce development
system and individuals obtaining Unemployment Insurance. It is the intent of each partner to support
continuous improvement for program delivery and high quality services through the workforce
system wherever customers access services.
V. Funding of the Services and Operating Costs of the System
A. Employment Services: The following resources are available under the operating costs of the
Workforce Development System:
• Wagner-Peyser: Basic Labor Exchange for employers and job seekers
• Workforce Innovation and Opportunity Act: Adult, youth, dislocated workers
• Temporary Assistance for Needy Families: welfare clients
• Employment First Food Stamp Program: food stamp clients
• Weld County Youth Conservation Corps' AmeriCorps
• Other programs and discretionary projects may become available
B. Division of Unemployment Insurance: The following resources will be made available to serve
individuals through the workforce system in Weld County.
• Division of Unemployment Insurance funded professional training will be made
available to Employment Services Staff when appropriate;
• The UI Division administers the UI program in accordance with the Federal
Unemployment Tax Act and the Social Security Act. UI is funded primarily by federal
funds provided by the United States Department of Labor. Customer access to UI
expertise through instant -messaging functionality or other technology solutions is
provided through in -kind resources.
3
VI. Modifications: Any modifications to this MOU, it objectives or specific duties of the parties must
be agreed to in writing and signed by all parties.
VII. Severability: If any term or condition of this MOU will be held invalid, illegal, or unenforceable,
this MOU will be construed and enforced without such provision to the extent that this MOU is then
capable of execution within the original intent of the parties hereto.
VIII. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this MOU, and all rights of action relating to such
enforcement, will be strictly reserved to the undersigned parties and nothing contained in the MOU
will give or allow any claim or right of action whatsoever by any other person not included in this
MOU. It is the express intention of the undersigned parties that any entity other than the undersigned
parties receiving services or benefits under this MOU will be an incidental beneficiary only.
IX. Entire MOU: The parties hereby agree that neither has made or authorized any MOU with respect
to the subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration different from the terms herein contained will be binding
on either party, or its agents or employees, hereto. This MOU embodies all MOU's between the
parties hereto and there are no promises, terms, conditions, or obligations referring to the subject
matter whereof than as contained herein.
X. No Waiver of Immunity: No portion of this MOU will be deemed to constitute a waiver of any
immunities the parties or their officers or employees may possess, nor will any portion of this MOU
be deemed to have related a duty of care which did not previously exist with respect to any person
not party to this MOU. The parties hereto acknowledge and agree that no part of this MOU is
intended to circumvent or replace such immunities.
Liability: This MOU does not constitute a "partnership" to the extent that term in anyway
encompasses joint liability. Each party to the MOU is responsible for its own employees,
representatives, agents and subcontractors.
XI. Non -Appropriation: None of the parties hereto will be required to expend its public funds for
any of the undertakings set forth herein, without the express prior approval of its governing body
or director. Any financial obligations of the parties resulting from the promises, covenants, and/or
terms set for therein will be subject to annual appropriations as provided by law.
XII. Notice Procedure: For the purpose of this MOU, the persons listed below are designated as the
representatives of the Parties. All notices required or permitted under this MOU shall be in
writing and shall be deemed given when (a) personally served or (b) three (3) days after deposit
in the United States Mail, certified mail, return receipt requested, and addressed to the following
Parties or to such other addressee(s) as may be designated herein. The Parties may designate in
writing a new or substitute representative.
For the Board of County Commissioners of Weld County:
Mike Freeman, Chair
The Board of Weld County Commissioners
1150 O Street, PO Box 758
Greeley, CO 80632-0758
970-336-7204
mfreemanna,weldgov. com
For the Weld County Workforce Development Board:
Mary Freitag, Chair
4
do Cecilia Moreno, ESWC
315 N 11 Ave Bldg. B
Greeley, CO 80632
cgarcia-moreno@weldgov.com
For UI:
Jeff Fitzgerald
UI Division Director
Division of Unemployment Insurance
251 E. 12'h Avenue
Denver, CO 80203
With copies to:
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
Rita Sanchez
Colorado Department of Labor and Employment
Division of Unemployment Insurance
251 E. 121h Avenue
Denver, CO 80203
303-318-9330
XIII. Relationship of Parties
A. The County employees shall perform their duties hereunder as an independent contractor and not as
employees of the State. The County, nor any employee, agent, subcontractor, service provider, or
licensee of the County shall be or shall be deemed to be, an employee or agent of the State. The Parties
shall be solely responsible for the acts or omissions of its employees, agents, subcontractors, service
provider, and licensees. The County shall not have any authorization, express or implied, to bind the
State to any agreements, liability, or understanding except as expressly set forth herein and shall be
solely responsible for the acts or omissions of its own employees, agents, subcontractors, service
provider, and licensees.
B. The State employees shall perform their duties hereunder as an independent contractor and not as
employees of the County. The State, nor any employee, agent, subcontractor, service provider, or
licensee of the State shall be or shall be deemed to be, an employee or agent of the County. The Parties
shall be solely responsible for the acts or omissions of its employees, agents, subcontractors, service
provider, and licensees. The State shall not have any authorization, express or implied, to bind the
County to any agreements, liability, or understanding except as expressly set forth herein and shall be
solely responsible for the acts or omissions of its own employees, agents, subcontractors, service
provider, and licensees.
XIV. Confidentiality of Records: In the event that any Party obtains access to any records, files, or
other information of the other Party(ies) in connection with, or during the performance of this MOU,
then that Party shall keep all such records, files, or other information confidential, and shall comply with
all laws and regulations concerning the confidentiality of such records, files, or other information to the
same extent as such laws and regulations; apply to the other Party. Such information shall not include
information required to be disclosed pursuant to the Colorado Open Records Act, C.R.S. § 24-72-101, et
5
seq.
XV. 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.
XVI. Assignment: The Parties rights and obligations hereunder are personal and may not be transferred,
assigned or subcontracted without the prior written consent of the Parties. Any attempt at assignment,
transfer, or subcontracting without the written consent of the Parties shall be void.
XVII. Resolution of Disagreements: Disputes arising under this MOU will be resolved informally by
discussions between each party's Points of Contact, or other officials designated by each party.
XVIII. 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
§XVIII 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
§XVIII.
XIX. Termination: Any of the parties shall have the right to terminate this MOU by giving the other party 30
days written notice. If notice is given, the MOU shall terminate at the end of 30 days, and the liabilities
of the parties hereunder for the further performance of the terms of the MOU shall thereupon cease, but
the parties shall not be released from duty to perform up to the date of termination.
XX. Counterparts: This MOU may be executed in multiple identical original counterparts, all of which shall
constitute one agreement.
ATTEST:
Weld Cowl
BY:
Deputy C►erk to the
B .XditO;� BOARD OF COUNTY COMMISSIONERS
er o e B. �� WELD COUNTY, COLORADO
6
Jeff Fitz e':ld, Dir'. tor
Unemplo enrtnsurance Division
Julie Cozad, Pro—Te
UG 31 2016
COLORADO DEPARTMENT OF LABOR AND
EMPLOYMENT
WORKFORCE DEVELOPMENT BOARD
2viIc-��5
Hello