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
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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
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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
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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
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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
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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
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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
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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.
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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),
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(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
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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
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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
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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
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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.
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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
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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