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Note: If you are unable to attend this meeting, please contact Kari Court at 320.308.5749 or email at
[email protected]. Upon request, this material can be made available in alternate formats.
CAREER SOLUTIONS JOINT POWERS BOARD & WORKFORCE DEVELOPMENT-EXECUTIVE COMMITTEE BOARD MEETING
Monday, June 29, 2020 at 3:00pm Career Solutions Guest Wi-Fi: Welcome2CareerSolutions!
Physical Location: CareerForce St. Cloud
1542 Northway Drive, St. Cloud, MN 56303 – Door #2 No parking permit required for this event. Please park in Lot B.
Virtual Meeting: Via Zoom during a State of Emergency with the Coronavirus (COVID-19): Zoom details are listed within your calendar invite or contact Kari Court (320) 308-5749
1. Call the Meeting to Order
A. Joint Powers Board (JPB) B. Local Workforce Development Board-Executive Committee (LWDB-Exec)
L. Lenzmeier T. Bohnen
2. Approval of Agenda A. JPB B. LWDB-Exec
Action: JPB Action: LWDB-Exec
3. Consent Agenda: JPB & LWDB-Exec A. Request to Donate/Disposal of PC’s and Laptops (Attachment 3.A.) B. SCTCC Accelerated Welding Contract with Added Blueprint Date
(Attachment 3.B.)
Action: JPB Action: LWDB-Exec
4. Business Items/Updates A. 2020-2021 Preliminary Budget (Handout) – ACTION B. MAWB Funding Letter (Attachment 4.B.) C. Coronavirus (COVID-19) Impact:
• Federal Funding • Reopening CareerForce
D. CMJTS Contract to Provide Services (Handout) – ACTION E. United Way Grant – ACTION
• 2020-20211 Agency Agreement (Attachment 4.E.1.) • 2020 IRS Tax Exempt Status and Patriot Act & Anti-Terrorism
Compliance Form (Attachment 4.E.2.) F. 2020-2021 Executive Directors Goals (Attachment 4.F.)
T. Biery Action: JPB & LWDB-Exec Action: JPB & LWDB-Exec Action: JPB & LWDB-Exec
5. Other A. Executive Director Updates B. From the Floor/Announcements
6. Adjourn
REASONABLE ACCOMMODATIONS: ALL CAREER SOLUTIONS MEETINGS ARE ACCESSIBLE TO THE HANDICAPPED. ATTEMPTS WILL BE MADE TO ACCOMMODATE ANY OTHER INDIVIDUAL NEED FOR SPECIAL SERVICES. PLEASE CONTACT ADA/AA COORDINATOR TAMMY BIERY AT (320) 308-5702 AS EARLY AS POSSIBLE SO NECESSARY ARRANGEMENTS CAN BE MADE. INDIVIDUALS WITH HEARING OR SPEECH DISABILITIES MAY CONTACT US VIA THEIR PREFERRED TELECOMMUNICATIONS RELAY SERVICE.
CAREERFORCE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, CREED, RELIGION, NATIONAL ORIGIN, GENDER, MARITAL STATUS, STATUS WITH REGARD TO PUBLIC ASSISTANCE, SEXUAL ORIENTATION, DISABILITY, OR AGE.
JPB/LWDB-Exec Meeting – 06.29.2020 Attachment 3.A.
Agenda Cover Sheet:
Disposal of Laptops & PC’s Agenda Items:
Career Solutions has 10 PC’s & 9 Lenovo laptops (list below) that no longer can be upgraded. The agency would like Marco to remove all data/memory from the laptops and either donate them to a non-profit organization or properly dispose of these assets.
Lenovo Laptop – Asset Tag #’s:
• 18320 • 18321 • 18322 • 18333 • 18337 • 18362 • 18417 • 18453 • 18526
HP Intel Core Windows 7 Pro – Asset Tag #’s: • 18420 • 18421 • 18457 • 18460 • 18470 • 18471 • 18476 • 18477 • 18480 • 18481
10 monitors, 10 mice, 10 keyboards, 10 power and data cords, miscellaneous accessories to be included with the PC’s.
Fiscal Summary:
Potential fees from Marco.
Action Requested: A motion to approve Career Solutions to either donate and/or dispose of the following office equipment listed above.
MnSCU Income Contract Customized Training Template
OGC Revised May 18, 2016 Customized Training Income Contract No. 9234
F.Y. Cost Center Obj. Code Amount Vendor # P.O. # 2020 020200 -
Trade and Industry Custom
STATE OF MINNESOTA
MINNESOTA STATE COLLEGES AND UNIVERSITIES
St. Cloud Technical & Community College
CUSTOMIZED TRAINING INCOME CONTRACT
THIS CONTRACT, and amendments and supplements thereto, is between the State of Minnesota, acting
through its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of St. Cloud
Technical & Community College (hereinafter MnSCU), and Career Solutions located at 1542 Northway
Dr., Suite 2, Saint Cloud, MN, 56303 hereafter (hereafter "PURCHASER") agree as follows:
1. DUTIES OF MnSCU. MnSCU agrees to provide the following:
Title of Instruction/ Activity/ Service: Blueprint Reading
Date( s) of Instruction/ Activity/ Service:
June 17, 2020
Wednesday
2:00 pm - 6:00 pm
Instructor/ Trainer/ Consultant: Eric McAllister
Location: SCTCC I-360
Other Provisions: None
1. DUTIES OF THE PURCHASER. Provide participant information.
2. SITE OF INSTRUCTION/ ACTIVITY/ SERVICE: College shall make all of the arrangements,
including any payment, for the location to be used for the Instruction/ Activity/ Service.
3. CONSIDERATION AND TERMS OF PAYMENT.
a. COST.
Cost of Instruction/ Activity/ Service (total or per hour):
$150.00 per participant. Minimum of 5 participants.
Other Fees: None
MnSCU Income Contract Customized Training Template
OGC Revised May 18, 2016 Customized Training Income Contract No. 9234
Notwithstanding the thirty (30) day notice period established in paragraph 7, in the event
that the PURCHASER desires to cancel or reschedule the Instruction/ Activity/ Service
due to low enrollment, PURCHASER shall give at least 3 days’ notice in writing to
MnSCU’s authorized agent to cancel or reschedule. If the Instruction/ Activity/ Service is
canceled as provided herein, MnSCU shall be entitled to payment calculated according to
paragraph 7. If the Instruction/ Activity/ Service is rescheduled as provided herein,
payment shall be according to this paragraph 4.
b. TERMS OF PAYMENT. MnSCU will send an invoice for the Instruction/ Activity/
Service performed. The PURCHASER will pay within 30 days of receiving the invoice.
Please send payment to: St. Cloud Technical & Community College, 1-401 Northway
Building, 1540 Northway Dr., St. Cloud, MN 56303 (320) 308-5973
4. AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT.
a. PURCHASER'S authorized agent:
Name: Tammy Biery
Title: Executive Director
Address: 1542 Northway Dr., Suite 2, Saint Cloud, MN, 56303
Telephone: 320-308-5320
E-Mail: [email protected]
Fax:
b. MnSCU’ S authorized agent:
Name: Jennifer Erickson
Title: Director of Customized Training
Address: 1215 15th Street North, St. Cloud, MN 56303
Telephone: 320-308-5940
E-Mail: [email protected]
Fax: 320-308-5568
5. TERM OF CONTRACT. This contract is effective on 6/17/2020 or upon the date the final
required signature is obtained by MnSCU, whichever occurs later, and shall remain in effect until
6/30/2020 or until all obligations set forth in this contract have been satisfactorily fulfilled,
whichever occurs first. The PURCHASER understands that no work should begin under this
contract until all required signatures have been obtained.
6. CANCELLATION. This contract may be canceled by the PURCHASER or MnSCU at any time,
with or without cause, upon thirty (30) days written notice to the other party. In the event of such
cancellation, MnSCU shall be entitled to payment, determined on a pro-rated basis, for work or
Instruction/Activity/Service satisfactorily performed.
7. ASSIGNMENT. Neither the PURCHASER nor MnSCU shall assign or transfer any rights or
obligations under this contract without the prior written approval of the other party.
8. LIABILITY. The PURCHASER shall indemnify, save, and hold MnSCU, its representatives and
employees harmless from any and all claims or causes of action, including all attorney’s fees
incurred by MnSCU, arising from the performance of this contract by the PURCHASER or
PURCHASER’S agents or employees. This clause shall not be construed to bar any legal
MnSCU Income Contract Customized Training Template
OGC Revised May 18, 2016 Customized Training Income Contract No. 9234
remedies the PURCHASER may have for MnSCU’ S failure to fulfill its obligations pursuant to
this contract.
9. AMERICANS WITH DISABILITIES ACT COMPLIANCE (hereinafter "ADA"). The
PURCHASER agrees that in fulfilling the duties of this contract, the PURCHASER is responsible
for complying with the applicable provisions of the Americans with Disabilities Act, 42 U. S. C.
12101, et. seq. and regulations promulgated pursuant to it. MnSCU IS NOT responsible for issues
or challenges related to compliance with the ADA beyond its own routine use of facilities,
services, or other areas covered by the ADA.
10. GOVERNMENT DATA PRACTICES ACT. The requirements of Minnesota Statutes § 13.05,
subd. 11 apply to this contract. The PURCHASER and MnSCU must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided
by MnSCU in accordance with this contract, and as it applies to all data, created, collected,
received, stored, used, maintained, or disseminated by the PURCHASER in accordance with this
contract. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred
to in this clause by either the PURCHASER or MnSCU.
11. RIGHTS IN ORIGINAL MATERIALS. The College shall own all rights, including all intellectual
property rights, in all original materials, including any curriculum materials, inventions, reports,
studies, designs, drawings, specifications, notes, documents, software and documentations,
computer based training modules, electronically or magnetically recorded materials, and other
work in whatever form, developed College/University and its employees individually or jointly
with others or any subcontractors in the performance of its obligations under this contract. This
provision shall not apply to the following materials:
N/A
12. JURISDICTION AND VENUE. This contract shall be governed by the laws of the State of
Minnesota. Venue for all legal proceedings arising out of this contract, or the breach thereof, shall
be located only in the state or federal court with competent jurisdiction in Ramsey County,
Minnesota.
13. OTHER PROVISIONS. (Attach additional pages(s) if necessary):
The rest of this page intentionally left blank. Signature page to follow.
MnSCU Income Contract Customized Training Template
OGC Revised May 18, 2016 Customized Training Income Contract No. 9234
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be
bound thereby.
APPROVED:
1. MINNESOTA STATE COLLEGES AND UNIVERSITIES
St. Cloud Technical & Community College
By (authorized signature)
Title
Date
2. PURCHASER: Career Solutions
PURCHASER certifies that the appropriate person(s) have executed the contract on behalf of
PURCHASER as required by applicable articles, by-laws, resolutions, or ordinances.
By (authorized signature)
Title
Date
By (authorized signature)
Title
Date
3. AS TO FORM AND EXECUTION:
By (authorized college/university/system office
initiating agreement)
Title
Date
125 Charles Avenue, Saint Paul, MN 55103-2108 | mawb-mn.org
June 18, 2020 Commissioner Steve Grove Deputy Commissioner Hamse Warfa Department of Employment and Economic Development 332 Minnesota St., Suite E200 St. Paul, MN 55101 Dear Commissioner Grove and Deputy Commissioner Warfa, On behalf of the Minnesota Association of Workforce Boards (MAWB) Operations Committee, I would like to thank you for your support and advocacy for additional dislocated worker funding at the recent Minnesota Jobs Skills Partnership (MJSP) Board meeting. This added funding represents an enormous opportunity for local boards and partners to provide much needed assistance to workers who have experienced layoffs during this unprecedented economic downturn. The state dislocated worker program is a proven workforce development program that consistently has high performance. MAWB appreciates DEED’s recognition of the value this program has to the state’s employers, workers, and our overall economy. We look forward to continuing to navigate these challenging times collaboratively with you and your team. Sincerely,
Diane Halvorson Operations Chair, Minnesota Association of Workforce Boards cc: Marc Majors, Director, Employment and Training Programs, DEED
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2020-2021 Agency Agreement
United Way of Central Minnesota
And Career Solutions
For the year July 1, 2020 through June 30, 2021
United Way of Central Minnesota’s mission is: "Improve people’s lives by mobilizing the
caring power of Central Minnesota”. To provide the greatest possible impact in our
community, we look to agencies and organizations to be active collaborators with us by
working cooperatively, achieving, measuring, and publicizing results, mobilizing the
community, and generating resources.
This Agreement (Agreement) is by and between United Way of Central Minnesota (UWCM), a Minnesota nonprofit corporation, and Career Solutions (Agency) and is
effective for the identified programs and services (collectively referred to as the Services)
provided in the specific geographic area (Area) as follows:
UWCM Service Area
The purpose of this Agreement is to define a cooperative and mutually beneficial relationship between UWCM and the Agency to achieve a purpose common to all stakeholders: donors, clients, collaborators, and UWCM. An agreement is to be signed annually by both parties hereto in order for the Agency to continue receiving funding from UWCM. Introduction: Agency Relationship – The Agency and UWCM should share a positive and mutually productive relationship, characterized by cooperation and support of each other’s mutual goals. However, the UWCM and the Agency are responsible for the pursuit of their own missions, their management, and their direction. The UWCM may ask questions of the Agency, or may suggest improvements. Likewise, the Agency is entitled to ask questions of UWCM or to suggest improvements. This in no way compromises the responsibilities of either the Agency or of UWCM for their individual destinies. 1. Joint responsibilities and expectations – Both the UWCM and the Agency shall:
A. Maintain status as a 501(c)(3) tax exempt, not-for-profit organization and/or a
governmental/educational entity B. Register and file an annual report with the State of Minnesota as required by law C. Be governed by a volunteer Board of Directors that meets at least quarterly, with
adequate provision for Board rotation D. Participate every year in United Way workplace giving.
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E. Ensure all funds allocated by UWCM to the Agency are used solely for the Service and in the Area identified above, as more fully set forth in the Agency's application
for a grant of UWCM funds upon which the UWCM allocation was made, and are
not diverted, used, or spent for any other purpose or in any other geographic area.
F. To the extent possible, cooperate with other agencies and organizations in the Area to meet human needs as effectively and efficiently as possible, and to prevent duplication of effort.
G. Maintain the highest ethical standards in all things.
H. Provide the Service, public accommodations, and employment opportunities without discrimination against any person on the basis of race, color, creed, religion, sex, national origin, age, sexual orientation, disability, marital status, status with regard to public assistance, membership or activity in a local commission, or any other applicable legally protected status (the Agency may, however, organize and direct the Service to persons of a particular race, color, creed, religion, sex, marital status, status with regard to public assistance, disability, age, or national origin if allowed by law.)
I. Strive for and embrace the diversity of the community in serving clients and recruiting and training volunteers, board members, and employees.
J. Recognize the right of employees to join collective bargaining organizations of their own choosing without interference or coercion if that is their desire, and to recognize and respect established bargaining relationships and the negotiated terms and conditions provided for in collective bargaining agreements or equivalent understandings.
K. Maintain all financial information in accordance with generally accepted accounting principles for nonprofit organizations, the standards of accounting as outlined in the current Standards of Accounting and Financial Reporting for Voluntary Health and Welfare Organizations, Financial Accounting Standards Board pronouncements, Internal Revenue Service regulations, and applicable OMB circulars for federal grant funding
L. Have an annual audit conducted by an outside accounting firm unless an alternate method of financial accountability is agreed to by both parties
M. Use all funds as designated by the donor
2. Both organizations are further expected to: A. Hire and develop staff with appropriate compensation B. Maintain the highest ethical standards in all things C. Embrace the diversity of Central Minnesota in serving clients, in recruiting and training
volunteers, Board members, and staff
3. UWCM Responsibilities
A. Resource Development –UWCM is responsible for organizing, planning, and implementing its year-round workplace giving with the Agency. This includes the development of marketing and communications materials that the fundraising requires.
B. Investments –UWCM will invest funds in accordance with United Way Worldwide membership standards and in compliance with the UWCM standards. Expenses
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associated with processing donor designated pledges are recovered by an assessment for both fundraising and management and general fees based on actual historical costs.
C. Fund Allocation and Distribution - UWCM is responsible for determining the annual
allocations to its collaborators. UWCM establishes criteria for allocating funds or
denying funding requests based on an assessment of community needs,
demonstrated need for funds by the Agency, local funding priorities, program
performance, available and received funding, and the state of an Agency. Any
allocation made to the Agency is not a funding commitment or pledge since
available funds are contingent on many factors. Therefore, this Agreement creates
no obligation on the part of UWCM to guarantied funds but is only a statement of
intent to fund. UWCM is also responsible for distribution of funds to the agencies
with which it collaborates.
D. Payment of Funds - Subject to UWCMs total receipt of the funds and the Agency's compliance with the terms of this Agreement, UWCM will pay the Agency its allocation of funds in regular payments during the term of this Agreement.
E. Confidentiality - UWCM will respect the confidential nature of financial and other data submitted to it by the Agency, except when such data is made public by the Agency or as required pursuant to a warrant, subpoena, Court Order, investigation, or other legal proceeding.
F. Community Assessment – UWCM will conduct assessments of community issues and resources.
G. Communications and Referral – UWCM will inform the community of available services and will serve as a central contact point for information and referral.
H. Planning – UWCM will encourage and help coordinate the interaction of agencies with other private and public organizations. Planning efforts and dialogue will involve agencies, community leaders, and other stakeholders.
4. Agency Responsibilities
A. Quality Services – The Agency will provide the highest quality services possible with the well-being of the client as the highest priority.
B. Workplace Giving Participation – The Agency will support and participate in modeling United Way workplace giving. This includes but is not limited to:
a. Conducting United Way workplace giving among the Agency’s staff and inform their Board members; said workplace giving activities shall not promote designations to the Agency
b. Providing service and program data to be used to promote workplace giving c. Providing staff and/or volunteers to speak to donor groups d. Arranging tours for donors and potential donors, at times that do not interfere
with the operation of the Agency’s program e. Supplying success stories and other promotion of our work together f. Sharing suggestions and insights to improve the overall promotion of workplace
giving g. Attending UWCM events
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C. Independent Fundraising – The Agency will provide funds of its own in addition to those it receives through UWCM. The amount raised and the relative proportion of United Way funds to the total Agency budget will vary among agencies. The Agency will not directly compete with the UWCM general workplace giving by conducting workplace fundraising through area businesses on behalf of the Agency. The Agency will notify UWCM in advance of any plans to conduct a capital campaign.
D. Participation in UWCM Services – The Agency will register volunteer opportunities on the UWCM website and register information about Agency services on the statewide United Way 2-1-1 community helpline database.
E. Adherence to Specific UWCM Policies – The Agency will operate in accordance with the following specific UWCM policies:
a. UWCM will not allocate funds to any organization that performs, funds, advocates for or makes referrals for abortion.
b. Funds awarded must be used for the program for which they were intended. Funds may not be used for any other purpose.
F. Program Investment Process – The Agency will participate in the investment process. This process provides the Agency with the opportunity to request funds and update United Way volunteers and staff. It also provides UWCM with the information it needs to make investment decisions, to promote workplace giving, and the interests of the UWCM and Agency relationship. The review process includes timely completion of all application forms and responses to questions from UWCM investment team volunteers and/or UWCM staff.
G. Non-Compliance with Independent Fundraising Policy
a. In the event an alleged violation of the foregoing provisions is reported to or
discovered by UWCM, UWCM shall contact the Agency to discuss the
alleged violation. The Agency shall have 30 days to provide a written
response and may request a meeting with the UWCM Board of Directors or
a designated committee to explain the alleged violation or produce
information or documentation establishing the falsity of the allegation.
b. Sanctions for violations shall be determined at the sole discretion of the
UWCM Board of Directors. Gross or reckless disregard of the terms of this
paragraph G or a pattern of non-compliance is grounds for termination of
funding as determined by the UWCM Board of Directors in its sole
discretion.
H. Allocation Process - The Agency will provide UWCM with the information it needs
to make allocation decisions, to promote workplace giving and the interests of the
collaboration between the Agency and UWCM. The Agency will also complete all
requested forms and participate in discussions relating to allocations and needs.
I. Agency Identification & Co-Marketing – The success of the UWCM and Agency relationship depends upon the public recognition of its funded programs and services. The Agency thus agrees to identify itself clearly as a UWCM member agency in its communications, including but not limited to:
a. All relevant printed documents such as newsletters, press releases, letters, billboards, and other materials
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b. All relevant electronic communications such as web sites c. All relevant broadcast communications such as television or radio promotion d. The Agency offices will display the United Way logo prominently. The logo will be
furnished by United Way e. Agencies receiving funding should publicly acknowledge receipt of these funds
via their Agency newsletter or other media J. 2-1-1 Agency Updates: The Agency will provide any and all updates to programming,
enabling 2-1-1 for Central Minnesota to be current and up to date. K. Publicity: The Agency permits the use of its name in UWCM promotional and
informational material in any year in which the Agency receives funds from UWCM. L. Reporting requirements – UWCM must be able to communicate the status of the total
relationship with the Agency and its accomplishments to the community at large. To facilitate this public reporting, the Agency will report the information outlined below to the UWCM:
M. Periodic reports on progress toward achieving stated funding objectives in a form as requested by United Way
N. All information contained in the application forms O. A copy of the Agency’s annual financial audit and the SAS (Statement of Auditing
Standards) letter 115 no later than six months after the Agency’s fiscal year end. These must include the Agency’s Statement of Activities and the Statement of Financial Position. If requested, the Agency will also provide a copy of the Agency’s Board of Director’s minutes and any resolution(s) reflecting review and approval of the audit as well as a statement from the organization indicating plans to address any significant areas of identified concern.
P. Allocation checks will be released only after complete and current requested financial reports for the Agency are received by UWCM
Q. The Agency will keep UWCM informed of any major changes to its UWCM funded program(s) or its ability to carry out its mission. This includes the start of new services or the discontinuation of existing services, especially those that relate to services specifically funded with UWCM dollars. It also includes any changes in tax exempt status
R. Each organization receiving UWCM funding will operate in accordance with all applicable state and federal laws and regulations
S. Informed Board – The Agency CEO or designee will be responsible for keeping its Board of Directors informed of relevant UWCM activities and policy updates.
T. Insurance - The Agency shall maintain at all times during the term of this Agreement the following insurance coverages naming UWCM as an additional insured and providing a Certificate of Insurance to UWCM:
a. General liability;
b. Directors & Officers (D&O); c. Employment Practices; and
d. Professional liability, if applicable to the work done and services provided by the Agency.
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U. Patriot Act & Anti-terrorism Compliance – The Agency shall maintain compliance with Patriot Act & Anti-Terrorism laws. If at any time during the funding period, information regarding the status of the Agency’s compliance is not readily available, the Agency will be required to complete attestation of Patriot Act & Anti-terrorism compliance upon request.
V. Indemnification - The Agency shall defend, indemnify, and hold harmless UWCM
and its officers, directors, employees, agents, representatives, successors, and assigns from and against any and all losses, claims, causes of action, suits,
damages, demands, investigations, expenses, attorneys' fees and costs, liabilities
and other actions of any kind which result from, arise out of, or are related to the
Agency's work, programs, services, or operations, or its breach of this Agreement. W. Client Information - The Agency shall establish all legally required safeguards to
protect and maintain the confidentiality of client information, except as authorized or required by law or after receiving informed consent from the client.
X. Conflicts of Interest - The Agency shall prohibit its officers, directors, employees, agents, and representatives from using their positions within the Agency for any
purposes that are or give the appearance of being motivated by private gain for themselves, their family members, their friends, and any other entities in which
they have an ownership interest or are in control of by way of serving as an officer, director, or employee.
Y. Non-disparagement - The Agency agrees, on behalf of itself and its officers, directors, employees, agents, and representatives, not to disparage UWCM in any
form of media (broadcast, print, social, interactive, text, etc.). Z. Return of Funds - The Agency shall return to UWCM funds received from UWCM
within sixty (60) days following:
1. Termination of this Agreement if the Agency has not used all funds received
for the Service and in the Area;
2. The Service is discontinued or transferred by the Agency, in which
event the allocation shall be prorated based upon the number of days
the Service was provided by the Agency;
3. The Agency ceases to serve the Area, in which event the allocation shall be prorated based upon the number of days the Service was provided by the Agency in the Area;
4. There is evidence the funds are used for any purpose other than as provided in this Agreement; or
5. The Agency ceases to exist, unless the Agency receives prior written approval from UWCM to transfer the funds to a successor entity.
5. Conflict Resolution
A. In the event of a disagreement or alleged violations of this agreement, UWCM and the Agency will follow a three-step grievance procedure: 1. Staff and Staff: The Chief Executive Officers of UWCM and the Agency will meet and
attempt to resolve the issue
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2. Staff and Board representative: If the issue is unresolved, the UWCM CEO and a UWCM Board member will meet with the Agency’s CEO and Board member to discuss and attempt to resolve the issue
3. Staff and UWCM Officers Committee: If the issue is still unresolved, UWCM’s CEO and Officers’ Committee will meet with the Agency’s CEO and Executive Committee to attempt to resolve the issue. If no resolution is reached at that meeting, the decision of the UWCM’s Officers’ Committee will be binding and which can include defunding. All Officers’ Committee decisions will be communicated to the Agency within ten (10) working days of said decision
4. Both the UWCM and the Agency agree to operate according to the guidelines and principles established in this agreement. Should either party determine that the other has failed to do so, that party will communicate the problem and seek to have the situation resolved in accordance with the Conflict Resolution process outlined above. Should this effort fail to result in a satisfactory resolution for both parties, then either party may withdraw from this agreement
5. Termination Clause: This agreement may be terminated by either party at any time for good cause. Good cause includes, for example, a party conducting unlawful activities or breach of a material term of this agreement. Otherwise, termination will follow the conflict resolution process outlined above
6. Allocation to Agency
UWCMs allocation to the Agency's Service for the term of this Agreement are shown below:
Program: CareerONE Service Area: UWCM Service Area Allocation Amount: $7,500 Contract Period: July 1, 2020 – June 30, 2021
7. Loss/Reduction of Funds
A. UWCMs Board of Directors may, in its sole discretion, at any time, revoke all or any part
of an allocation of funds to the Agency, withhold the payment of all or any part of all of an allocation made to the Agency or reduce the amount of any allocation made to the
Agency. The following is a non-exclusive list of some examples which may lead to such action:
1. The Agency has made a misrepresentation of fact which had a bearing upon the
determination of the amount of funds allocated to it;
2. The Agency is unable to carry out, or has not carried out, effectively the
Service for which an allocation of funds was made to it;
3. The Agency has not complied with the applicable federal and state laws regarding
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the regulation of solicitations by a charitable organization, including provisions regarding financial audits, or it has failed to comply with the solicitation rules in this Agreement;
4. The Agency, or any director, officer, employee, or agent of the Agency, has or is
alleged to have violated any state or federal law, including, without limitation,
those laws pertaining to the establishment, operation or maintenance of the
Agency, maintenance of income tax exempt status, fraud, theft, embezzlement
assault, battery, or breach of confidentiality obligations.
B. Allocations are determined from UWCM estimated revenues and expenses, and
UWCM reserves the right to increase or decrease the Agency's allocation based upon
actual funds available. The Agency will be notified of any changes, and any
adjustments will be made by increasing or reducing, as applicable, the remaining
payments owed to the Agency.
C. In no event will UWCM allocate or pay funds to any fiscal agent of the Agency.
8. Term and Termination
A. Term - T he term of this Agreement is for the period of July 1, 2020 – June 30, 2021.
B. Termination - This Agreement shall terminate on the earliest of the following to occur:
1. If either party is in breach of this Agreement, the other party has the option to
terminate this Agreement after giving the breaching party fifteen (15) days' advance
written notice during which time the breaching party may cure the breach(es), and if
the breach(es) is not cured then this Agreement shall be terminated;
2. The Agency's non-performance of the Service in the Area;
3. The Agency's license(s) to provide the Service is terminated or expires;
4. A material change has occurred with regard to the Agency's legal existence, operations, or financial status which UWCM determines negatively affects UWCMs reputation or funding;
5. UWCM 's inability to distribute funding to the Agency due to unforeseen circumstances outside the control of UWCM; or
6. The end of the term of this Agreement.
9. Miscellaneous
A. Governing Law - This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota without regard to its conflict of laws principles.
B. Survival - All warranties, representations, covenants, and agreements contained herein
shall survive and be enforceable after the termination of the Agreement.
C. Entire Agreement - This Agreement represents the sole agreement between the
parties concerning the subject matter hereof and supersedes all prior agreements,
whether written or oral.
D. Amendment and Waiver - No purported amendment, modification, or waiver of any provision hereof shall be binding unless set forth in a written document signed by all
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parties (in the case of amendments or modifications) or by the party to be charged
thereby (in the case of waivers). Any waiver shall be limited to the circumstance or event
specifically referenced in the waiver document and shall not be deemed a waiver of any
other term hereof or of the same circumstance or event upon any recurrence thereof.
E. Severability - If any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable and
this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable
provision had never constituted a part hereof, and the remaining provisions shall remain in
full force and effect and shall not be affected by the illegal, invalid or unenforceable
provision or by its severance therefrom. Furthermore, in lieu of such illegal, invalid or
unenforceable provision, there shall automatically be added as part of this Agreement a
legal, valid and enforceable provision as similar in terms to the invalid, illegal and
unenforceable provision as may be possible.
F. Counterparts - This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and all of which taken together shall
constitute one and the same agreement.
G. Assignment - This Agreement and all of the provisions hereof shall be binding upon and
inure to the benefit of the parties and their respective successors, representatives, and
assigns. The Agency's rights and obligations under this Agreement may not be assigned
without the written consent of UWCM, which consent shall not be unreasonably withheld.
Nothing in this Agreement is intended to confer any rights or remedies of any nature
whatsoever or by reason of this Agreement upon any person or entity other than the
parties hereto and their respective successors, heirs, representatives, and assigns.
H. Captions/Headings - The captions and headings in this Agreement are for ease of
reference only and shall not be considered when construing or interpreting this
Agreement.
I. Authority - The individual signing this Agreement on behalf of the Agency represents
and warrants to UWCM that he or she has the full power and authority to execute this
Agreement and bind the Agency
10. Signatures
A. Patriot Act & Tax Exempt Status – UWCM is required by law to obtain annual certification of IRS
Tax Exempt Status and Patriot Act & Anti-Terrorism Compliance from all agencies that receive funding from UWCM. We hereby certify on behalf of our Agency that all United Way funds and pass-through donations will be used in compliance with all applicable anti-terrorist financing and asset control laws, statutes and executive orders. In addition, we have checked the box below that identifies our agency’s current tax exempt status: We certify that our agency is tax exempt under section 501(c)(3) of the Internal Revenue Code (IRC) and that any contributions to our agency are tax deductible under section 170(c) of the IRC. Furthermore, we also certify that our agency’s tax exemption has not been revoked by the IRS.
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We certify that our agency is tax exempt under section _____ of the Internal Revenue Code and that nay contributions to our agency are tax deductible under that section of the Code. Furthermore, we also certify that our agency’s tax exemption has not been revoked by the IRS.
B. Signatures – In signing, the persons whose names appear below attest that they are fully authorized to act on behalf of the Agency they represent.
_______________________________________ __________________________________________ Larry Olness, President & CEO Date Chief Executive Officer Date United Way of Central Minnesota Agency: ___________________________________ _______________________________________ _________________________________________ Ryan Gerads, Chairperson Date Chairperson Date UWCM Board of Directors Agency Board of Directors The Agency Chief Executive Officer and Chairperson must sign and return this form to the UWCM.
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Agency Agreement Addendum
for Collaboratives Receiving UWCM Funding Investments
For the July 1, 2020 through June 30, 2021 UWCM Investment Cycle
The purpose of this Agency Agreement Addendum (Addendum) is to identify the parties to the Agreement (the “Collaboratives”) that will work with the United Way of Central Minnesota (“UWCM”) to achieve the cooperative and mutually beneficial purposes set forth in the Agreement. This Addendum, or an updated version thereof, is to be signed by the collaborative member agencies before investment disbursements may be released. All funding is contingent upon the availability of funds and compliance with all terms of the Agreement, including all funding terms. Nothing in this Addendum is to be construed as a guaranteed level of funding. Name of Collaborative: ______________________________________________________________________________________________ List below the names of each collaborative member agency, the agency contact person, and their signature:
Because change doesn’t happen alone.
921 1st Street N. Suite 200 St. Cloud, MN 56303 320-252-0227 [email protected] JOIN THE FIGHT.
UNITED WAY OF CENTRAL MINNESOTA
United Way of Central Minnesota is required by law to obtain annual certification of IRS Tax Exempt Status and Patriot Act & Anti-Terrorism Compliance from all agencies that receive funding from us.
PLEASE NOTE: Payments will not be made to any agency that does not return a completed form.
Please complete, sign and return this form to us so that we may remit funding to your organization in 2020. Forms will be accepted by mail, fax or email. Send to ATTN: Finance Department, fax #320-252-6213 or by email to [email protected].
Incomplete or unsigned forms will be rejected.
Tax Exemption and Anti-Terrorism Compliance Certification
Agency Legal Name: _________________________________EIN#: _________________________ ***Please do not use abbreviations***
Agency Address: __________________________________________________________________ By my signature below I certify on behalf of the agency listed above, that all United Way funds and pass-through donations will be used in compliance with all applicable anti-terrorist financing and asset control laws, statutes and executive orders. I have checked the box below that identifies our agency’s current tax exempt status.
“I certify that our agency is tax exempt under section 501(c)(3) of the Internal Revenue Code (IRC) and
that any contributions to our agency are tax deductible under section 170(c) of the IRC. Furthermore, I
also certify that our agency’s tax exemption has not been revoked by the IRS.”
“I certify that our agency is tax exempt under section _______of the Internal Revenue Code and that any
contributions to our agency are tax deductible under that section of the Code. Furthermore, I also certify
that our agency’s tax exemption has not been revoked by the IRS.”
“I certify that our agency is not tax exempt under the Internal Revenue Code.”
Signature: ____________________________________________ Date: ____________________________________
Print Name: ____________________________________________Title: _____________________________________ Email address: __________________________________________________________________________________
JPB/LWDB-Exec Meeting – 06.29.2020 Attachment 4.F.
Tammy Biery’s Goals
Goals for 2019-2020 Met Not Met In Progress 1. Review organizational structure. As the market is showing
signs of softening and to prepare for the additional layoffs anticipated from the Electrolux closure, the structure needs to be evaluated. Creating a succession plan for 4 senior staff (30+ years of experience) that are eligible to retire in the next 3-5 years is needed. This would also include evaluating the space needed as we renew the lease in October 2019.
X
2. Create a plan/process to handle layoff announcements as a work around to the slow Rapid Response process.
X
3. Review agreements and bylaws.
X
4. Plan for a Compensation Study and prepare for Union negotiations in early 2020.
X
5. Review policies to ensure they support the new Employee Handbook.
X
6. Continue to build Friends of Career Solutions. This includes taking advantage of training opportunities that would support this goal, maintaining and building relationships with the community leaders, networking, etc.
X
Goals for 2020-2021 1. Write a new Local Plan
2. Address COVID-19 related issues, reopening Career Solutions and CareerForce using a phased
approach.
3. Recommend changes to Joint Powers Board and Workforce Development Board bylaws.
4. Solidify recent organizational changes, preparing for growth. Continue to implement/utilize the Predictive Index to strengthen the team.
5. Continue to build Friends of Career Solutions as a funding source for programs, initiatives, etc. that are needed in our community but are not allowable costs under current state and federal grants.
