HomeMy WebLinkAboutC17-228 Rural Consortium Workforce Development BoardCORE # 2018-102739 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made by and between: (A) the Rural Consortium Workforce Development Board (the "Workforce Board"); (B) the Colorado Rural Workforce Board of Local Elected Officials (the "LEO Board"); (C) the Colorado Department of Labor and Employment, Division of Employment and Training, acting by and through the Colorado Rural Workforce Consortium ("CRWC" or the "State"); and (D) The Board of County Commissioners for the County of Eagle, Colorado (the "One -Stop Partner" or "Eagle County"). FACTUAL RECITALS A. On July 22, 2014, President Barack Obama signed the Workforce Innovation and Opportunity Act of 2014 ("WIOA"), Public Law 113-128, into law. WIOA is designed to strengthen the United States workforce development system through imiovation in, and alignment and improvement of, employment, training and education programs in the United States. WIOA supersedes the Workforce Investment Act of 1998 and amends other federal statutes, including the Adult Education and Family Literacy Act, the Wagner-Peyser Act and the Rehabilitation Act of 1973. B. As the entity responsible for providing workforce development services to businesses and job seekers within the State -operated local areas in Colorado (the "Workforce Area"), the Workforce Board, with the agreement of the LEO Board, is required by Section 121 of WIOA to develop and enter into a Memorandum of Understanding with each one-stop partner that describes the operation of the one-stop delivery system in the Workforce Area and the individual sub -areas (the "Sub -Areas") that comprise the Workforce Area. 1. PURPOSE It is CRWC's vision that every Colorado business have access to a skilled workforce and that every Coloradoan has access to meaningful employment, resulting in statewide economic vitality. It is CRWC's mission to foster business -focused workforce partnerships, effectively preparing rural Coloradoans for the jobs of today and tomorrow. The purpose of this MOU is to provide a framework for the delivery of comprehensive workforce development services to the job seeker and employer communities of the Workforce Area and to describe how the shared costs of operating the one-stop delivery system in the Workforce Area will be funded. By encouraging collaboration between comprehensive workforce centers and a network of one-stop partners, this framework is designed to promote collaborative employment and training strategies that reflect the particular needs of the Workforce Area's and the Sub -Areas' local and regional economies. 2. DEFINITIONS The following terms shall be construed and interpreted as follows: A. "Additional Costs" means such costs, in addition to Infrastructure Costs, that the required one-stop partners in the comprehensive centers and co -located one-stop partners in the affiliate locations are required to contribute to the funding of. Additional Costs include the cost of "Career Services" (as that term is defined in WIOA § 134(c)(2)) that are provided at one-stop centers CORE # 2018-102739 in the Workforce Area and may include other costs that support the operation of the one-stop centers in the Workforce Area. B. "Additional Partners" means those one-stop partners who, with the approval of the local board and chief elected official, carry out the programs and activities set forth in WIOA § 121(b)(2)(B). C. "CJI" means criminal justice information collected by criminal justice agencies needed for the performance of their authorized functions, including, without limitation, information regarding identifiable individuals compiled in any effort to anticipate, prevent, or monitor possible criminal activity. D. "Confidential Information" means all PHI, PII, PCI, FTI and CJI. E. "Cost Sharing Legal Authorities" means the most recently promulgated version of all applicable statutes, regulations, Training and Employment Guidance Letters, Policy Guidance Letters and other applicable legal authorities that prescribe the rules governing the sharing of Infrastructure and Additional Costs between the one-stop partners operating in the Workforce Area, including but not limited to (a) WIOA; (b) the Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One -Stop System Joint Provisions, 20 CFR Part 676-678; (c) the Federal Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200; (d) The Training and Employment Guidance Letter WIOA No. 17-16, which was promulgated by the United States Department of Labor on June 28, 2017; and (e) the Colorado One -Stop System Policy Guidance Letter # WIOA-2016-03, which was promulgated by the Colorado Workforce Development Council on June 1, 2016. F. "CRWC" means the Colorado Rural Workforce Consortium, including CRWC's administrative unit and the Workforce Area's local workforce centers. CRWC provides workforce development programs and services through the Workforce Area's local workforce centers. G. "FTI" means federal and State tax information including, without limitation, federal and State tax returns, return information, and such other tax -related information as may be protected by federal and State law and regulation. H. "Infrastructure Costs" has the meaning ascribed to "costs of infrastructure" in WIOA § 121 (h)(4), which defines Infrastructure Costs to mean "... the nonpersonnel costs that are necessary for the general operation of the one-stop center, including the rental costs of facilities, the costs of utilities and maintenance, equipment (including assessment -related products and assistive technology for individuals with disabilities), and technology to facilitate access to the one-stop center, including the center's planning and outreach activities." I. "LEO Board" means the Colorado Rural Workforce Consortium Board of Local Elected Officials, which is comprised of Local Elected Officials from each Sub -Area within the Workforce Area. J. ".N—IOU Website" means the website created and administered by CRWC for the purposes set forth in this MOU and located at https://www.colorado.gov/pacific crwc. K. "Non -State Party" means any Party to this MOU that is not a department, board, office, commission, institution or other instrumentality of the State of Colorado. Non -State Parties CORE # 2018-102739 shall include but are not limited to political subdivisions of the State and for-profit and not-for-profit entities. L. "Parties" means the Workforce Board, the LEO Board, CRWC and the One -Stop Partner. M. "Partner Contribution" means each mandatory one-stop partners' in the comprehensive centers and co -located one-stop partners' in the affiliate locations required contribution towards the Total Costs. N. "PCI" means payment card information data including any data related to credit card holders' names, credit card numbers, or the other credit card information as may be protected by State or federal law. O. "PHI" means protected health information including, without limitation, any information about health status, provision of health care, or payment for health care that can be linked to a specific individual. PHI includes any part of an individual's medical record or payment history. P. "PII" means personally identifiable information including, without limitation, any information about an individual that can be used to distinguish or trace an individual's identity, such as name, social security number, date and place of birth, mother's maiden name, or biometric records; and any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information. Q. "Proportionate Share" means as applicable, the proportion of the Total Costs that each mandatory one-stop partner in the comprehensive centers and co -located one-stop partners in the affiliate locations will contribute towards the operation of the one-stop delivery system. R. "Required Partners" means those one-stop partners in the local area who carry out the programs and activities set forth in WIOA §121(b)(1)(B). S. "State Backup Formula" means the "State infrastructure funding mechanism" described in the Cost Sharing Legal Authorities, including WIOA § 121(h). T. "State Records" means all data, information, and records, regardless of physical form, that belongs to the State, including, without limitation, any State records, State data or other information that has been communicated, furnished or disclosed by the State to another Party. State Records include information subject to disclosure under the Colorado Open Records Act, C.R.S. §§24-72-200.1, et seq. ("CORA"). U. "Total Costs" means the total of the Infrastructure Costs and the Additional Costs. V. "Workforce Board" means the Rural Consortium Workforce Development Board. 3. EFFECTIVE DATE AND 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 terminated earlier or extended further by mutual agreement of the Parties as specified herein. 4. ONE-STOP PARTNER SERVICES A. WIOA § 121(b) identifies both the required and the optional programs and activities that may be carried out by both Required Partners and Additional Partners in the Workforce Area. B. Exhibit A hereto sets forth the specific services that the One -Stop Partner will provide in the Sub -Areas in which the One -Stop Partner operates. Exhibit A is attached hereto and incorporated herein by reference as if fully set forth herein. Beginning on the Effective Date and CORE # 2018-102739 continuing throughout the term of this MOU, the One -Stop Partner agrees to work collaboratively with the Workforce Board, the LEO Board, CRWC and the other one-stop partners in the Sub -Areas in which the One -Stop Partner operates to carry out the provisions of WIOA and this MOU and to provide the services set forth in its signed Exhibit A. The One -Stop Partner agrees (a) to promptly notify the Workforce Board and the LEO Board if, for any reason, the One -Stop Partner fails to provide or is unable to provide the services set forth in its signed Exhibit A and (b) to amend its Exhibit A in accordance with § 11 of this MOU if, for any reason, its Exhibit A no longer accurately or completely describes the services provided by the One -Stop Partner. To that end and notwithstanding anything in this MOU to the contrary, Eagle County shall only be responsible for performance of those program items and activities expressly identified and agreed to by Eagle County in Exhibit A. C. CRWC will maintain the current version of each one-stop partner's Exhibit A on the MOU Website. COST SHARING A. Eagle County is a non -co -located one-stop partner, because its staff is not physically based at the identified comprehensive one-stop center in its local area. Therefore it is not required to enter into a cost sharing agreement with other one-stop partners. B. Negotiation of the Cost Sharing Agreement ("CSA") As applicable, the Cost Sharing Legal Authorities provide that (a) each one-stop partner that operates in the Workforce Area is required to begin contributing its Proportionate Share of the Total Costs of operating the one-stop centers in the Workforce Area no later than the deadline set forth in the Cost Sharing Legal Authorities; (b) the cost sharing methodology may be decided by consensus agreement among the Workforce Board, the LEO Board and all Required Partners operating in the Workforce Area; (c) if the Workforce Board, the LEO Board and all Required Partners operating in the Workforce Area fail to execute a cost sharing agreement that meets the requirements of the Cost Sharing Legal Authorities by the deadline set forth in the Cost Sharing Legal Authorities the State will implement the State Backup Formula to determine each Required Partner's Partner Contribution. The Parties agree to participate in good faith in the negotiation and execution of a cost sharing agreement that meets all requirements of the Cost Sharing Legal Authorities by the deadline set forth in the Cost Sharing Legal Authorities. At a minimum, the cost sharing agreement should as applicable, (a) identify the Infrastructure Costs, Additional Costs and Total Costs; (b) establish a formula for calculating each one-stop partner's Proportionate Share of the Total Costs; (c) calculate each one-stop partner's Partner Contribution; (d) identify the method by which the one-stop partners will make the Partner Contribution; 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 this MOU. If agreed to by the One Stop Partners and with prior consent of the Workforce Board and the LEO Board, the cost sharing agreement shall be incorporated as a legally binding component 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, Additional 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, Additional Costs and Total Costs will be disclosed to the one-stop partners; (c) the methodology for calculating each one-stop partner's Proportionate Share of the Total Costs will be determined through a reasonable cost allocation methodology that assigns costs to one-stop partners in proportion to relative benefits received; (d) the Parties will negotiate in good faith to identify the 0 CORE # 2018-102739 method by which the One -Stop 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 this MOU; (e) in negotiating the cost sharing agreement, the Parties will comply with both the letter and the spirit of the Cost Sharing Legal Authorities; and (f) One -Stop Partners who are not Required Partners and who do not provide services in the comprehensive One -Stop Center or who are not co -located in an affiliate location shall not be required to enter into a Cost Sharing Agreement or complete Exhibit B, pursuant to applicable WIOA requirements. C. Abide by State Backup Formula, if Implemented, Subject to the Appeals Process If the Workforce Board, the LEO Board and all Required Partners operating in the Workforce Area fail to execute a cost sharing agreement that meets the requirements of the Cost Sharing Legal Authorities by the deadline set forth in the Cost Sharing Legal Authorities, the State will implement and execute the State Backup Formula to determine each Required Partner's Partner Contribution. As applicable, (1) the Required Partners agree to abide by the terms of the State Backup Formula, if implemented, subject to the appeals process set forth in the Cost Sharing Legal Authorities; and (2) the Additional Partners (and all other one-stop partners who are not subject to the State Backup Formula) are not required by law to pay infrastructure costs but agree that, if the State Backup Formula is implemented, such one-stop partner will continue in good faith to negotiate a cost sharing agreement that meets the requirements of the Cost Sharing Legal Authorities. 6. DELEGATION OF ADMINISTRATIVE DUTIES TO CRWC The Workforce Board hereby delegates all administrative duties relating to the operation of the One -Stop Delivery System in the Workforce Area to CRWC. These duties include, without limitation (a) keeping and maintaining the original copies of each MOU, its Exhibits, and any amendments thereto; (b) maintaining the MOU Website; (c) negotiating the terms of the cost sharing agreement with the One -Stop Partner; (d) gathering the data necessary to calculate the Infrastructure Costs, the Additional Costs, the Total Costs, the Proportionate Share and the Partner Contribution; and (e) performing quarterly reconciliations of all cost sharing agreements, in collaboration with the one-stop partners. 7. DESIGNATION OF COMPREHENSIVE ONE -STOP -CENTER; SATELLITE WORKFORCE CENTERS A. The Workforce Board and LEO Board hereby designate the following location as the Workforce Area's comprehensive "One -Stop Center": Pueblo Workforce Center 212 West 3rd Street Pueblo, CO 81003 (719) 543-0190 cdlepueblowfc@state.co.us B. CRWC agrees to notify the One -Stop Partner in the event that the Workforce Board and LEO Board change the location of the Workforce Area's comprehensive "One -Stop Center." C. CRWC shall maintain an accurate list of all currently -operating satellite workforce centers in the Workforce Area at the MOU Website. 8. CONFIDENTIALITY OF RECORDS A. The Parties shall hold and maintain all State Records that the State provides or makes available to such Party in confidence, subject to applicable open records laws, for the sole and 5 CORE # 2018-102739 exclusive benefit of the State. Except as otherwise stated in this MOU, a Party shall not use for its own benefit, publish, copy, disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, without first obtaining the written approval of the State agency that provided the State Records (the "Providing Agency"). Each Party shall immediately forward any request or demand for State Records to the principal representatives of the Providing Agency listed in Section 9 to the MOU. Upon the expiration or termination of this MOU, each Party shall, at the election of the Providing Agency, return all State Records in the possession of such Party to the appropriate Providing Agency or destroy such State Records and certify to the appropriate Providing Agency that it has done so. In the event that a Party is prevented by law or regulation from returning or destroying State Records, such Party warrants that it will comply with applicable best practice guidelines for handling confidential information, in its efforts to ensure the confidentiality of, and cease to use, such State Records. B. Each Party shall restrict access to Confidential Information to its agents, employees, assigns and subcontractors as necessary to perform such Party's obligations under this MOU. Each Party shall ensure that all such agents, employees, assigns, and subcontractors who receive and/or access Confidential Information sign a copy of the model nondisclosure agreement substantially similar to the one provided on the MOU Website, and that such nondisclosure agreements remain in force at all times that the agent, employee, assign or subcontractor has access to any Confidential Information. C. Each Party shall use, hold and maintain Confidential Information in compliance with all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures the confidentiality of all Confidential Information wherever located. Each Party shall provide the Workforce Board with access, subject to such Party's reasonable security requirements, including compliance with all applicable federal and state laws concerning confidentiality, solely for the purposes of inspecting and monitoring security associated with access and use of Confidential Information and evaluating security control effectiveness. D. This §8 shall be deemed to supplement and not replace any additional confidentiality requirements that a Party's funding authority or program may be bound by. All Parties shall continue to adhere to such other confidentiality requirements in addition to those set forth in this §8. E. To the extent permitted by this §8 and applicable law, the Parties shall share Confidential Information with other Parties to the extent that such sharing would help advance the purposes of this MOU. 9. NOTICE PROCEDURE For the purpose of this MOU, the persons listed below are designated 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. A. For the Workforce Board: Danielle S. Kirkpatrick Chair, Colorado Rural Workforce Consortium Workforce Development Board 699 Main Avenue Durango, CO 81301 970-375-7181 daniellem7@aol.com 0 B. For the LEO Board: Debbie Bell Chair, CRWC Board of Local Elected Officials 610 State Avenue, Suite 200 PO Box 300 Alamosa, CO Debbie.bell@fremontco.com C. For CRWC: Angie Oswalt CRWC Operations Manager Colorado Department of Labor and Employment Division of Employment and Training 633 17th Street, 7th Floor Denver, CO 80202 (303) 318-8810 Angie.oswalt@state.co.us with copies to: Lisa Eze Purchasing Director Colorado Department of Labor and Employment 633 17th Street, 11 th Floor Denver, CO 80202 303-318-8054 Lisa.eze@state.co.us and: William Dowling Director Colorado Department of Labor and Employment Division of Employment and Training 633 17th Street, 7th Floor Denver, CO 80202 (303) 318-8002 William.dowlingp,state.co.us D. For the One -Stop Partner: Kendra Kleinschmidt Interim Director Eagle County Department of Human Services P O Box 660 Eagle, CO 81631 970-328-8840 7 CORE # 2018-102739 CORE # 2018-102739 E. Comprehensive List of One -Stop Partners CRWC will maintain a current list of all active one-stop partners as of their Effective Dates, their designated representatives and their contact information will be set forth on the MOU Website. 10. NOTICE OF PENDING LITIGATION Each Party shall notify CRWC, 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. 11. AMENDMENTS; TERMINATION The main body (i.e., the numbered sections) of this MOU may only be modified, revised, or amended by the mutual written consent of all Parties. Notwithstanding the foregoing: (i) The One -Stop Partner may, with the prior consent of the Workforce Board and the LEO Board, execute and deliver to CRWC an amended Exhibit A and/or Exhibit B to reflect changes in the services and/or shared costs of services provided and/or changes in the CSA by the One -Stop Partner. Upon receipt of an amended Exhibit A and/or Exhibit B from the One -Stop Partner, containing the required prior consent, the CRWC will replace the original Exhibit A and/or Exhibit B with the amended Exhibit A and/or Exhibit B in the MOU and on the MOU Website. Non -substantive changes to the Exhibits shall not require the Exhibits or MOU be signed by all the Parties to this MOU. (ii) The One -Stop Partner may terminate from this MOU at any time by providing notice to the Workforce Board, the LEO Board and CRWC in accordance with §9 of this MOU of such One -Stop Partner's intent to terminate. Unless otherwise agreed to by the Workforce Board and the LEO Board, such termination shall become effective sixty (60) days after delivery of such notice. By terminating this MOU, the One -Stop Partner will be deemed to have automatically withdrawn from membership on the One -Stop Partner's local workforce board. Such termination shall not (a) relieve the One -Stop Partner from any obligations that may arise from a source outside of this MOU (including obligations that may arise pursuant to the terms of a contract or grant agreement); or (b) relieve the One -Stop Partner from its obligations hereunder accruing prior to the effective date of its termination. (iii) The Workforce Board, with the agreement of the LEO Board, may terminate this MOU at any time by providing notice in writing to the One -Stop Partner in accordance with §9 of this MOU. Unless otherwise agreed to by the Workforce Board and the LEO Board, such termination shall become effective sixty (60) days after delivery of such notice. Upon termination of this MOU, the One -Stop Partner will be deemed to have automatically been terminated from membership on the One -Stop Partner's local workforce board. The termination of the MOU pursuant to this section shall not (a) relieve the One -Stop Partner from any obligations that may arise from a source outside of this MOU (including obligations that may arise pursuant to the terns of a contract or grant agreement), or (b) relieve the One -Stop Partner from its obligations hereunder accruing prior to the effective date of its termination. The One -Stop Partner may terminate from this MOU in the event Federal oversight agencies charged with the administration of WIOA fail to appropriately fund this MOU or if funds are not otherwise made available for continued performance, for any fiscal period of this MOU succeeding the first fiscal period. If the One -Stop Partner is unable to perform pursuant to MOU due to lack of funding, the One -Stop Partner shall notify the other Parties as soon as the One -Stop Partner has knowledge that funds may be unavailable for the continuation of this MOU. CORE # 2018-102739 12. ASSIGNMENT The One -Stop Partners' rights and obligations hereunder are personal and may not be transferred, assigned, or subcontracted without the prior written consent of the Workforce Board and the LEO Board. Any attempt at assignment, transfer, or subcontracting without the written consent of the Workforce Board and the LEO Board shall be void. 13. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act § 24-10-101, et seq. and the risk management statutes, C.R.S. § 24-30-1501, et seq., as amended. 14. INDEPENDENT CONTRACTORS No employee relationship shall arise between the State of Colorado and any Party, or any agent or employee of any Party, by virtue of this MOU. Rather, each Non -State Party shall perform its duties hereunder as an independent contractor and not as an employee of the State. No Party or its employees or agents shall become entitled to unemployment insurance or workers compensation benefits through the State, and the State shall not become obligated to pay for or otherwise provide such coverage, by virtue of this MOU. The Parties shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this MOU. The Parties shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. No Party shall have authorization, express or implied, to bind the State to any agreement, liability or understanding by virtue of this MOU, except as expressly set forth herein. 15. SEVERABILITY Any provision of this MOU that is deemed invalid or unenforceable shall not affect the validity or enforceability of the remaining provisions of this MOU, provided that the Parties can continue to perform their obligations under this MOU in accordance with its intent. 16. 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. The Parties further agree that the One -Stop Partners' employees and One -Stop System applicants, customers and participants shall not be discriminated against on the basis of race, color, religion, sex, national origin, age, disability, genetics, political affiliation, belief or citizenship status. 17. LAW, ASSURANCES AND CERTIFICATIONS A. As applicable, all parties to this MOU shall comply with: (i) Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule, published December 2, 2016), CORE # 2018-102739 (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; 34 CFR Part 99) (v) The Americans with Disabilities Act of 1990 (Public Law 101-336), (vi) The Jobs for Veterans Act (Public Law 107-288) pertaining to priority of service in programs funded by the U.S. Department of Labor, (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) Confidentiality requirements governing the protection and use of personal information held by the VR agency (34 CFR 361.38), (ix) The confidentiality requirements governing the use of confidential information held by the State UI agency (20 CFR part 603), (x) all amendments to each, and (xi) 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 either 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 10 CORE # 2018-102739 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 andl2689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485. F. Priority of Service All Parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title I Adult program, as required by 38 U.S.C. § 4215 and its implementing regulations and guidance, and WIOA § 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low-income individuals, basic skills deficient youth, and English language learners. G. Buy American Provision Each Party that receives funds made available under title I or II of WIOA or under the Wagner-Peyser Act (29 U.S.C. § 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the "Buy American Act.") and as referenced in WIOA § 502 and 20 CFR 683.200(f). H. Salary Compensation and Bonus Limitations Each Party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109-234, TEGL 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 I, Section 105) and 114-223, and WIOA § 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level Il. 18. 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. 19. NO THIRD PARTY BENEFICIARIES This MOU and all rights and obligations hereunder are reserved solely for the Parties. Any benefits that any third parties receive as a result of this MOU or the Parties' performance hereunder are purely incidental and do not give such third parties any right to enforce the terms of this MOU. 20. RECORD MAINTENANCE AND INSPECTION The One -Stop Partner 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 the One -Stop Partner hereunder 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 §20 shall be deemed to supplement and not replace any additional record 11 CORE # 2018-102739 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 §20. 21. RESPONSIBILITY FOR EMPLOYMENT AND OTHER RELATED BENEFITS All employees providing services pursuant to this MOU remain under the supervision and direction of their respective employing entity. If any employment or work related issues arise, such employing entity shall be solely responsible for the resolution of such issue. The One -Stop Partner shall be solely responsible for providing all employment-related benefits to its employees and for complying with all applicable employment laws and regulations, including without limitation all applicable federal and state income tax, workers' compensation and unemployment insurance laws and regulations. 22. CONFLICTS OF INTEREST Each Party acknowledges that with respect to this MOU, even the appearance of a conflict of interest is harmful to the State'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. 23. COUNTERPARTS This MOU may be executed in multiple identical original counterparts, all of which shall constitute one agreement. 24. ENTIRE UNDERSTANDING The MOU and its Exhibits represent the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any effect whatsoever, unless embodied herein. 25. CHOICE OF LAW Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this i IOU. 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. 26. DISPUTE RESOLUTION All Parties agree that they shall attempt in good faith to resolve any disputes that arise out of or relate to this MOU, or the Parties' rights and obligations hereunder, through informal discussions among the Parties. If the Parties are unable to resolve their dispute through informal discussion, then the Parties agree to submit their dispute to the Colorado Rural Workforce Board Executive Committee (the "Executive Committee") for resolution. The Executive Committee's determination shall be final. 27. MULTIPLE -FISCAL YEAR FINANCIAL OBLIGATIONS The state and any local government are subject to the provisions of Section 20 of Article X of the Colorado Constitution which limits their ability to enter into multiple -fiscal year financial obligations. Therefore, any financial obligation of the state or any local government under this Agreement beyond the current fiscal year (FY 18) is subject to and conditioned upon the due adoption of a budget for the year in which the obligation is due by the state, Board or, Board of 12 CORE # 2018-102739 County Commissioners which budget provides for or appropriates funds for such obligation. The financial obligation of the state or local government under this Agreement shall be from year to year only and shall not constitute a multiple -fiscal year direct or indirect debt or other financial obligation or any obligation payable in any fiscal year beyond the fiscal year for which fiords are appropriated for the payment thereof. 28. MOU RECORDKEEPING AND ADMINISTRATIVE TASKS CRWC shall be responsible for maintaining the original, signed copies of this MOU, the Exhibits and any amendments thereto. CRWC shall be responsible for maintaining the MOU Website and ensuring that the MOU Website contains (i) current copies of the MOU, the Exhibits, and any amendments thereto; (ii) an accurate list of all currently -operating satellite workforce centers in the Workforce Area; and (iii) a model nondisclosure agreement to be entered into by agents, employees, assigns, and subcontractors of the Parties. 29. PRESS RELEASES AND COMMUNICATIONS All Parties agree that the Workforce Board and the LEO Board are authorized to communicate with the press, television, radio or any other form of media concerning this MOU or the Parties' performance contemplated by this MOU without prior notice to, or consent from, the One - Stop Partner. Notwithstanding the foregoing, the Workforce Board and the LEO Board shall notify and consult with the One -Stop Partner before making any media communications that makes specific reference to the One -Stop Partner. 30. 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 by CRWC, each Party agrees to provide CRWC with proof of such authority within fifteen (15) days of receiving such request. 31. PERIODIC REVIEWS Pursuant to WIOA Sections 121 (c) (g) and 20 CFR 678.500, the Parties agree to review the terms of this MOU not less than once every three (3) years following the Effective Date to ensure appropriate funding and delivery of services. 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. CRWC shall initiate and oversee periodic review(s). The Rest of This Page Left Intentionally Blank 13 CORE # 2018-102739 THE PARTIES HERETO HAVE EXECUTED THIS MOU * Persons signing this MOU on behalf of a Party swear and affirm that they are authorized to act on behalf of such Party and acknowledge that the other Parties are relying on their representations to that effect. COLORADO RURAL WORKFORCE CONSORTIUM BOARD OF LOCAL �ELECTED OFFICIALS A By: ` aLy o Q Y *D—M tele -1, air Date: COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT By: *William B. Dowling, Director Division of Employment and Training Date: RURAL CONSORTIUM WORKFORCE DEVELOPMENT BOARD By: �J *Danielle S. Kirkpat ck, Chair Date: 0 3 ) >" hD RURAL WORKFORCE CONSORTIUM *Clarke Becker Date: The Board of County Commissioners for the County of Eagle, Colorado ** By signing my name below, I certify that I have read the MOU terms and conditions. All of my questions have been discussed and answered satisfactorily. My signature certifies that I have the legal authority to bind my agency to the terms of the 1 QiN and confirms my understanding of the terms outlined herein and agreement with the MOU; Exhibit A, Oe-Sty%p Partner Services; and if applicable Exhibit B, the Cost Sharing Agreement or ine-zia H ocatio ri L-Z7ILI **S' nature Date Jillian H. Ryan, Chair Printed/Typed Name, Title In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. STA XE CONTROLLER AQb#tt Aros, CP MB , JD By: v r ammy Ison, tate Contro er Delegate Effective Date: - 14 Name of One -Stop Partner: Type of Program: Address, City, State, Zip Code: Telephone Number: Web Site: E -Mail Address: CFDA #, If Federally Funded CORE # 2018-102739 Exhibit A Eagle Count)l Department of Human Services, TANF/Colorado Works PO Box 660, Eagle, CO 81631 970-328-8888 Fax Number: 1-855-846-0751 www.eaglecounty.us pa.customerservice a,ea lecounty.us 93.558 Identify all Sub -Areas in which your agency rovides services: Rural Resort Workforce Development System Services Identify the services your agency provides, either directly or by referral to another One -Stop Partner. Enter an "X" if you provide the services directly and enter an `R" for the services you access for your clients by referral. Some boxes may have both an "X" and an "R." Enter Workforce services that your program provides that are not listed here in the blanks at the bottom of the chart. Preliminary Services Services Requiring Eligibility Training Services Employer Services Public Information X Enrollment or Registration Financial Assistance for Training Job Listing Outreach, Recruitment Diagnostic Assessment Occupational Skills Tmmmg Candidate Screening Determination of Program Appropriateness for Customer Individual Self -Sufficiency or Employment Plans X On -the -lob Training Candidate Testing Orientation Counseling: Group or Individual Skills Upgrading Job Referrals Resource Center Case Management X Re -Training Space for Job Interviews Initial Assessment X Basic Education, Literacy Training, GED Training R Entrepreneurial Training Labor Market Information Workshops English as a Second Language Training R Apprenticeship Training Local Economic Development Information Career Information Computer Literacy Training R Customized or Workplace Training Employer Incentives Labor Market Information Job Readiness Training R Work Experience, Intership (including Summer Jobs) Employer Seminars Job Search Skills & Inforniation R Life Skills Training R Job Fairs Job Referrals Supportive Services X Services to Laid Off Workers Labor Market Information Post Employment or Job Retention Services Outplacement Services Follow -Up Tutoring, Study Skills Training Job Analysis Eligibility Determination X Leadership Development Activities Focus Groups Mentoring 15 CORE # 2018-102739 Alternative Secondary School j 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. Access to services will be accomplished through: i. Cross Training — TANF/Colorado WORKS and Workforce Center Staff ii. Direct technological linkage a) utilization of the Program Eligibility and Application Kit ("PEAK") functionality to apply for services b) utilization of Customer Service Call Center at 970-328-8888 to obtain information about how to apply for TANF services. 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. Services include information about public assistance programs, a household assessment, and eligibility determination. If eligible, services include case management, individual self-sufficiency or employment plans, and supportive services. Customers will access services through PEAK and the Call Center from any location, including the local Workforce Center. Case management services are provided one-on-one at a location convenient for the customer, including but not limited to: Eagle County Department of Human Services ("ECDHS") offices: 100 Beaver Creek Blvd, Suite 107, Avon, CO 81620 551 Broadway, Eagle, CO 81631 0020 Eagle County Drive, Suite E, El Jebel, CO 81623 III. Current Resources a. Describe how the services you will provide will be funded. Options include: (1) cash; (2) in-kind; (3) philanthropy; (4) private entities; and (5) alternative financing. Do not include infrastructure costs. Per Colorado Policy Guidance Letter M WIOA-2016-03, One -Stop Partner contributions to infrastructure costs of the One -Stop System must be added to this MOU by January 1, 2018. TANF services are funded through the Colorado Department of Human Services Colorado Works Allocation and required county share contributed by Eagle County. 16 CORE # 2018-102739 IV. 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. Waren handoffs between Workforce Center and TANF are the preferred method of referral, however virtual, telephone and paper referral processes are also in place. There is currently no shared data system. Communication of customer service, progress and outcomes will be exchanged between programs on a monthly basis verbally, or via paper or electronic means. V. Assurances a. Describe methods to ensure that needs of workers, youth and individuals with barriers to development, 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 ECDHS offices are ADA compliant. Customers are evaluated for overall need and benefit for all ECDHS services and/or accommodations in order to reduce barriers to success. When customer needs exceed available resources, the case manager works with the customer to create a linkage to required resources. VI. Co -Locations a. List co -locations that One -Stop Partner is participating in. None. Eagle County Department of Human Services is not co -located with the Workforce Center. * Signature of One -Stop Partner: By signing below, I swear and affirm that I am authorized to act on behalf of the One -Stop Partner identified below and that the information set forth in this Exhibit A is true, accurate and comp e t the best of my knowledge, and acknowledge that the Parties to the MOU are lyi on th se epr entations. C.� 2-r 1 � * Ji i n H. Ryan, Chair Date 17 CORE # 2018-102739 Exhibit B Cost Sharing Agreement ("CSA") or State Backup Formula ** This Exhibit B is not applicable and is not required to be completed by One -Stop Partners who are not Required Partners and who do not provide services in the comprehensive One -Stop Center or who are not co -located in an affiliate location. If this applies, mark X on the following: X Exhibit B is not applicable and is not required to be completed. * Signature of One -Stop Partner: By signing below, I swear and affirm that I am authorized to act on behalf of the One -Stop Partner identified below and that the information set forth in this Exhibit B is true, accurate and complete to tt t of my knowledge, and acknowledge that the Parties to the MOU are relying on t1}ese reppeseyAano s. e /j 6X I&I I/X tz '? l * Jillian H. van, Chair Date 18