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Home My WebLink About20122512.tiff RESOLUTION RE: APPROVE SUSTAINABLE MANUFACTURING SECTOR GRANT AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - UPSTATE COLORADO ECONOMIC DEVELOPMENT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with Sustainable Manufacturing Sector Grant Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Division of Employment Services, and Upstate Colorado Economic Development, commencing March 15, 2013, and ending June 15, 2013, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Sustainable Manufacturing Sector Grant Agreement for Services between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, Division of Employment Services, and Upstate Colorado Economic Development be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of September, A.D., 2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: • - �� Sean P. C a Chair Weld County Clerk to the '.arihf ViIlibm . Garcia, Pro Tem BY: Deputy Clerk to the Boar (;'r \ zJi/ ) ✓10 't— ar ra Kirkmeyer/ APP D AS TO F : e 1 David E. Long nt orney u fig C-14, Ca Dougla%Rademac tier Date of signature: loly �c[SC[/7 J /�SD n s /©-//-/72 - - / 2012-2512 HR0083 �86r MEMORANDUM DATE: September 13, 2012 couH?Tt TO: Sean P. Conway, Chair, Board of County Commiss. ners FROM: Judy A. Griego, Director, Human Se e art RE: Sustainable Manufacturing Sector Grant Agreement for Services between the Weld County Department of Human Services and Upstate Colorado Economic Development Enclosed for Board approval is a Sustainable Manufacturing Sector Grant Agreement for Services between the Department's Employment Services and Upstate Colorado Economic Development. This Agreement was reviewed under the Board's Pass-Around Memorandum dated September 4, 2012, and approved for placement on the Board's Agenda. Upstate Colorado Economic Development will continue to act as the convener for the third year funding of the Sector Initiative and to deliver similar services under the H1B grant funding in an amount up to $15,472.00 (as reimbursement for costs incurred) under the Sustainable Manufacturing initiative through December 31, 2012. There will be $27,278.00 available for training reimbursement, as identified in the Scope of Services within the Agreement, for use to meet the identified training needs of manufacturing employers to further the goals and objectives of the Sustainable Manufacturing grant Additionally, the Agreement provides an amount of up to $14,000.00 of HI B funds (as reimbursement for costs incurred)for the period of September 1,2012,and ending June 30,2013,for services identified in the Scope of Services of the Agreement for activities consistent with the H1B grant funding which was reviewed and approved by the Board on June 25,2012. There will also be $79,506.00 available for training reimbursement for at least 19 incumbent workers as identified in the Scope of Services for use to meet the identified training needs of manufacturing employers to further the goals and objectives of the HI B grant. These funds will be used to assist employers in obtaining high level skill training for incumbent workers. Upstate will facilitate employers accessing this training and funds will need to be obligated no later than March 15, 2013, and spent by June 15, 2013. If you have any questions, give me a call at extension 6510. 2012-2512 AGREEMENT SUSTAINABLE MANUFACTURING SECTOR GRANT AGREEMENT FOR SERVICES BETWEEN UPSTATE COLORADO ECONOMIC DEVELOPMENT AND THE BOARD OF WELD COUNTY COMMISSIONERS, WELD COUNTY, COLORADO FOR WELD AND ON BEHALF OF THE WELD COUNTY DEPARTMENT OF HUMAN SERVICES This AGREEMENT made and entered into this I'' day of July 2012, by and between the County of Weld, a political subdivision of the State of Colorado, by and through the Board of County Commissioners of the County of Weld, on behalf of the Weld County Department of Human Services, Division of Employment Services of Weld County, hereinafter referred to as"Employment Services" and Upstate Colorado Economic Development, hereinafter referred to as"UPSTATE COLORADO". WITNESSETH WHEREAS, Employment Services and the Weld County Workforce Development Board determined it appropriate and advisable to continue to collaborate in an initiative designed to provide services to employers in the Sustainable Manufacturing Sector; and WHEREAS, Employment Services, the Weld County Workforce Development Board, UPSTATE COLORADO and Brighton Economic Development Corporation collaborated on the development and submission of a Sector Planning Grant proposal to analyze the multi-industry skills and the technical qualifications of the manufacturing sectors, identify gaps in education and educational resources, map the assets available to meet employer needs and requirements, and develop strategies to align or develop new programs and resources to facilitate growth of the sustainable manufacturing sector in Weld and Adams Counties; and WHEREAS. a Weld/Adams Sustainable Marketing Sector Alliance Implementation Grant was submitted for funding as a result of the planning process; and WHEREAS, the Sector Implementation Grant for Sustainable Manufacturing programs has received 3i°year funding and monies have been made available to continue efforts in the sector based initiative and support the activities to continue to implement the goals and objectives of the sector initiative; and WHEREAS, the Colorado Department of Labor and Employment has agreed to make 3`°year sector funds available to continue implementation of the Sustainable Weld/Adams Manufacturing Alliance; and WHEREAS, UPSTATE COLORADO has agreed to act as the convener in the continued implementation of the sector grant; and WHEREAS, a Leadership Team comprised of members of the Weld and Adams County Workforce Regions and representatives from UPSTATE COLORADO and Brighton Economic Development Corporation will provide direction and oversee the implementation of the Sector Initiative; and WHEREAS, Employment Services of Weld County has received funding under the H I B grant and monies are available to enhance the efforts established under the Sustainable Manufacturing I of 7 initiative to those employers who participated in that initiative to meet the high level skill needs of their current workforce under the HI B program: and WHEREAS, Employment Services and UPSTATE COLORADO desire to enter into this agreement to implement and support the efforts of the Sustainable Manufacturing Sector Grant,the H I B grant. and other sector initiative efforts, NOW THEREFORE. in consideration of the premises, the parties hereto covenant and agree as follows: Agreement for Services: A. UPSTATE COLORADO agrees to partner with Brighton Economic Development Corporation and other partners,to act as convener to implement the Scope of Services outlined in Exhibit B. B. Employment Services will contract with UPSTATE COLORADO to act as the convener for an amount up to $15,472.00 (as reimbursement for costs incurred) under the Sustainable Manufacturing initiative under Catalogue of Federal Domestic Assistance 17.278. Additionally, there will be $27,278.00 available for training reimbursement as identified in the Scope of Services for use to meet the identified training needs of manufacturing employers to further the goals and objectives of the Sustainable Manufacturing grant. These funds will need to be obligated prior to November 15. 2012 and training will need to be completed no later than December 15. 2012 with a minimum of 10 new incumbent workers receiving training. Payment will be made by Employment Services of Weld County within 30 days of receipt of the invoices for costs incurred for services as outlined in Exhibit B. C. An amount of up to $14.000.00 of HI B funds will be available (as reimbursement for costs incurred) under Catalogue of Federal Domestic Assistance 17.268 for the period of September I, 2012 and ending June 30.2013 for services identified in the Scope of Services of this agreement. Additionally, there will be $79,506.00 available for training reimbursement for at least 2 incumbent workers as identified in the Scope of Services for use to meet the identified training needs of manufacturing employers to further the goals and objectives of the HI B grant. These funds will be used to assist employers in obtaining high level skill training for incumbent workers. Upstate will facilitate employers accessing this training and funds will need to be obligated no later than March 15. 2013 and spent by June 15. 2013. Payment will be made by Employment Services of Weld County within 30 days of receipt of the invoices for costs incurred for services as outlined in Exhibit B. II. Terms and Conditions: A. Term. This Agreement shall be effective July 1st, 2012, upon proper execution of this Agreement. and will expire June 30. 2013. 2 of 7 B. Funding. I. The sum of$42,750.00 of Sector monies are funded under Catalogue of Federal Domestic Assistance numbers 17.278 and $14,000.00 of H I B funds under Catalogue of Federal Domestic Assistance number 17.268 AND AS OUTLINED IN Exhibit B. C. Scope of Services. The Scope of Services, Targeted Timelines, and Deliverables associated with the grant are included in Exhibit B to this Agreement. The deliverables under this agreement will be a continuation of those outlined as the initial phase of startup and as identified in Exhibit B. D. Cost Reimbursement. 1. Employment Services agrees to pay UPSTATE COLORADO, on a cost reimbursement basis, up to$42,750.00 for expenses incurred concerning the Scope of Services outlined in this Agreement pertaining to the Sustainable Manufacturing sector initiative and for acting as the convener under the Sustainable Manufacturing Sector Grant. 2. Employment Services agrees to pay UPSTATE COLORADO, on a cost reimbursement basis, up to$14,000.00 for expenses incurred concerning the Scope of Services outlined in this Agreement pertaining to the HI B initiative and for helping connect employers with needed training for the high level skill needs of their incumbent workforce. E. Payment Schedule. 1. Payment will be made on a cost reimbursement basis only and will require the submission of invoices by UPSTATE COLORADO with exhibits of products produced as appropriate and as defined in the Scope of Services above. Reimbursement of costs incurred pursuant to this Agreement are expressly contingent upon the availability of Grant funding provided to Employment Services. Employment Services shall not be billed for and reimbursement shall not be paid, for time involved in activities outside of those defined in this Agreement. Work performed prior to the execution of this Agreement shall not be reimbursed or considered as part of this Agreement. 2. UPSTATE COLORADO agrees to invoice Employment Services at the following address for costs incurred and document and report the in-kind/leveraged funds at least on a quarterly basis: Employment Services of Weld County PO Box 1805 ATTN: Linda Perez Greeley, CO 80632 3. Employment Services agrees to comply with the administrative requirements set forth in the Financial Management Manual adopted by the State of Colorado, and to pay UPSTATE COLORADO at the following address within 30 days of date of invoice: UPSTATE COLORADO Attn: Eric Berglund 822 Seventh Street, Suite 550 Greeley,CO 80631 3of7 F. Financial Management. I. At all times from the effective date of this Agreement until completion of this Agreement, UPSTATE COLORADO shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management Manual adopted by the State of Colorado. The required annual audit of all funds expended under General Assistance must conform to the Single Audit Act of 1984 and the OMB Circular A-I 33. 2 Employment Services may withhold any payment if UPSTATE COLORADO has failed to comply with the Financial Management Requirement, program objectives, contractual terms, or reporting requirements. G. Assurances. . UPSTATE COLORADO shall abide by all assurances set forth in the attached Exhibit A, which is attached hereto and incorporated herein by reference. H. Compliance with Applicable Laws. I. At all times during the performance of this of this Agreement, UPSTATE COLORADO shall strictly adhere to all applicable federal and state laws, orders,and all applicable standards, regulations. interpretations or guidelines issued pursuant thereto. This includes the protection of the confidentiality of all applicant/recipient records, papers, documents, tapes and any other materials that have been or may hereafter be established which relate to this Agreement. 2. UPSTATE COLORADO acknowledges that the performance pursuant to this Agreement shall comply with the following laws: • Title VI of the Civil Rights Act of 1964. 42 U.S.C. Sections ?000d-1 et.seq. and its implementing regulation.45 C.F.R. Part 80 et.seq: • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794, and its implementing regulations.45 C.F.R. Part 84: • The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et.seq. and its implementation regulation, 45 C.F.R. Part 91: • Title VII of the Civil Rights Act of 1964: • The Age Discrimination in Employment Act of 1967: • The Equal Pay Act of 1964: • Immigration Reform and Control Act of 1986. P.L. 99-603: and all regulations applicable to these laws prohibiting discrimination because of race,color, national origin and sex, religion and handicap, including Acquired Immune Deficiency Syndrome (AIDS) or Aids related conditions, covered under Section 504 of the Rehabilitation Act of 1973, as amended, cited above. 3. Any person who feels that s/he has been discriminated against has the right to file a complaint either with the Colorado Department of Labor and Employment or the Colorado Office of Civil Rights. 4of7 I. Certifications. 1. UPSTATE COLORADO certifies that, at the time of entering into this Agreement, it has currently in effect all necessary licenses, approvals, insurance,etc., required to properly provide the services and/or supplies covered by this Agreement. J. Monitoring and Evaluation. I. UPSTATE COLORADO shall submit to Employment Services, on a monthly basis, a performance and progress report for deliverables accomplished from July I, 2012 through June 30, 2013. 2. UPSTATE COLORADO and Employment Services agree that evaluation of the performance of this Agreement shall be conducted jointly by UPSTATE COLORADO and Employment Services. The results of the evaluation shall be provided to the Board of County Commissioners of Weld County. 3. UPSTATE COLORADO shall permit Employment Services and any other duly authorized agent or governmental agency, to monitor all activities conducted by UPSTATE COLORADO pursuant to the terms of this Agreement. Employment Services may, at its sole discretion, examine program data and perform special analyses, on-site checking, formal audit examinations, or engage in any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with work covered by this Agreement. The results of the monitoring activities shall be provided to the Board of County Commissioners of Weld County. K. Modification of Agreement. I. All modifications to this Agreement shall be in writing and signed by both parties. 2. The Division Head of Employment Services or designee may exercise remedial actions at any time during the term of this Agreement should s/he find that UPSTATE COLORADO substantially failed to satisfy the scope of work found in this Agreement. Substantial failure to satisfy the scope of work shall be defined to mean incorrect or improper activities or inaction by UPSTATE COLORADO. These remedial actions include the following: a. Withhold payment to UPSTATE COLORADO until the necessary services or corrections in performance are satisfactorily completed. b. Deny payment or recover reimbursement for those services or deliverables which have not been performed and which, due to circumstances caused by UPSTATE COLORADO, cannot be performed or if performed would be of no value to Employment Services. Denial of the amount of payment shall be reasonably related to the amount of work or deliverables lost to Employment Services. c. Incorrect payment to UPSTATE COLORADO due to omission, error, fraud, and/or defalcation shall be recovered from UPSTATE COLORADO by deduction from subsequent payments under this Agreement or other agreements between Employment Services and UPSTATE COLORADO, or shall be collected by 5of7 Employment Services as a debt due to Employment Services, or otherwise as provided by law. L. Representatives. . For the purpose of this Agreement, the individuals identified below are hereby designated representatives of the respective parties. Either party may, from time to time, designate in writing a new or substitute representative. Eric Berglund. UPSTATE COLORADO. Linda L. Perez, Employment Services of Weld County. M. Notice. I. All notices required to be given by the parties hereunder shall be given by certified or registered mail to the individuals at the addresses set forth below. Either party may from time to time designate. in writing, a substitute person(s)or address to whom such notices shall be sent. a. Eric Berglund, UPSTATE COLORADO 822 Seventh Street, Suite 550 Greeley, CO 80631 b. Employment Services of Weld County PO Box 1805 ATTN: Linda Perez Greeley, CO 80632 N. Litigation. I. UPSTATE COLORADO shall promptly notify Employment Services in the event UPSTATE COLORADO learns of any actual litigation in which it is a party defendant in a case, which involves services provided under this agreement. UPSTATE COLORADO shall, within five(5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency, deliver copies of such documents(s)to the Employment Services Division Head. The term "litigation" includes an assignment for the benefit of creditors. and filings in bankruptcy. reorganization, and/or foreclosure, as well as any other legal action filed in any state or federal court or administrative body. O. Termination. This agreement may be terminated any time by either party given thirty(30) days written notice and is subject to the availability of funding. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement with all attachments hereto of Exhibit A. constitutes the entire understanding between the parties with respect to the subject matter hereof, and may not be changed or modified except as stated in Paragraph 1.K., herein. 6 of 7 AGREED TO AND ACCEPTED THIS 1st DAY OF August, 2012. ATTEST:difiCed"q14*--.------ BOARD OF COUNTY COMMISSIONERS Weld County Clerk to the Board OF WELD COUNTY. COLORADO Deputy Clerk u the Board tat ( Cy '�� P. Conway, Chair SEP 1 7 2012 APPROVED AS TO SUBSTA '� / APPROVED AS TO SUBSTANCE: Jt y riego, irector Eric E. Berglund, President& CEO el Conn epartme of Hun n Services Upstate Colorado Economic Development APPROVED AS TO SUBSTANCE: i a Perez, Div t ad Employment Services of Weld County 7 of 7 EXHIBIT A ASSURANCES 1. UPSTATE COLORADO agrees it is an independent contractor and that its officers and employees do not become employees of Weld County. nor are they entitled to any employee benefits as Weld County employees, as the result of the execution of this Agreement. 2. Weld County, the Board of County Commissioners of Weld County. its officers and employees, shall not be held liable for injuries or damages caused by any negligent acts or omissions of UPSTATE COLORADO-contracted UPSTATE COLORADO or its employees, volunteers,or agents while performing duties as described in this Agreement. UPSTATE COLORADO shall indemnify, defend, and hold harmless Weld County, the Board of County Commissioners of Weld County, its employees, volunteers, and agents. UPSTATE COLORADO shall provide adequate liability and worker's compensation insurance for all its employees, volunteers, and agents engaged in the performance of the Agreement upon request, UPSTATE COLORADO shall provide the Department with the acceptable evidence that such coverage is in effect. 3. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess, not shall ally portion of this Agreement be deemed to have created a duty of care with respect to any persons not a party of this Agreement. 4. No portion of this Contract shall be deemed to create an obligation on the part of the County of Weld. State of Colorado, to expend funds not otherwise appropriated in each succeeding year. 5. If any section, subsection, paragraph, sentence, clause,or phrase of this Agreement is for any reason held or decided to be unconstitutional. such decision shall not affect the validity of the remaining portions. The parties hereto declare that they would have entered into this Agreement and each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections. subsections. paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 6. No officer, member or employee of Weld County and no member of their governing bodies shall have any pecuniary interest, direct or indirect, in the approved Agreement or the proceeds thereof. 7. UPSTATE COLORADO assures that they will comply with the Title VI of the Civil Rights Act of 1986 and that no person shall. on the grounds of race, creed, color, sex, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under this approved Agreement. 8. UPSTATE COLORADO assures that sufficient. auditable, and otherwise adequate records that will provide accurate, current, separate. and complete disclosure of the status of the funds received under the Contract are maintained for four(4)years or the completion and resolution of an audit. Such records shall be sufficient to allow authorized local, Federal, and State auditors, and representatives to audit and monitor UPSTATE COLORADO. 9. All such records. documents, communications, and other materials created pursuant or related to this Agreement shall be maintained by UPSTATE COLORADO, in a central location and shall be made available to Employment Services upon its request, for a period of seven (7)years from the date of final payment under this Agreement, or for such further period as may be necessary to resolve any matters which may be pending. or until an audit has been completed with the following qualifications: If an audit by or on behalf of the federal and/or state government has begun but is not completed at the end of the seven (7)year period, or if audit findings have not been resolved after a seven (7) period, the materials shall be retained until the resolution of the audit finding. 10. UPSTATE COLORADO assures that authorized local, federal, and state auditors and representatives shall, during business hours, have access to inspect any copy records, and shall be allowed to monitor Page I of 3 and review through on-site visits, all contract activities, supported with funds under this Agreement to ensure compliance with the terms of this Agreement. Each party agrees that monitoring and evaluation of the performance of the Agreement shall be conducted by appropriate funding sources. The results of the monitoring and evaluation activities shall be provided to the appropriate and interested parties. 1 I. This Agreement shall be binding upon the parties hereto, their successors, heirs, legal representatives. and assigns. UPSTATE COLORADO or Employment Services may not assign any of its rights or obligations hereunder without the prior written consent of both parties. 12. UPSTATE COLORADO certifies that federal appropriated funds have not been paid or will be paid, by or on behalf of UPSTATE COLORADO, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant. the making of any federal loan, the entering into of any cooperative agreement, and the extension. continuation, renewal, amendment, or modification of any Federal contract, loan, grant. or cooperative agreement. 13. UPSTATE COLORADO assures that it will fully comply with all other applicable federal and state laws. UPSTATE COLORADO understands the source of funds to be used under this Agreement is Sector Initiative funding provided to Employment Services from the Colorado Department of Labor and Employment. 14. UPSTATE COLORADO assures and certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transaction by a federal department of agency. b. Have not, within a three-year period preceding this Agreement. been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction: violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery. bribery, falsification or destruction of records. making false statements, or receiving stolen property: c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal. state. or local) with commission of any of the offenses enumerated in paragraph 12 of this certification: and d. Have not, within a three-year period preceding this Contract, had one or more public transactions(federal, state. and local) terminated for cause or default. 15. The Appearance of Conflict of Interest applies to the relationship of UPSTATE COLORADO with Employment Services when UPSTATE COLORADO also maintains a relationship with a third party and the two relationships are in opposition. In order to create the appearance of a conflict of interest, it is not necessary for the contractor to gain from knowledge of these opposing interests. It is only necessary that the contractor know that the two relationships are in opposition. During the term of the Contract. UPSTATE COLORADO shall not enter any third party relationship that gives the appearance of creating a conflict of interest. Upon learning of an existing appearance of a conflict of interest situation, UPSTATE COLORADO shall submit to Employment Services, a full disclosure statement setting forth the details that create the appearance of a conflict of interest. Failure to promptly submit a disclosure statement required by this paragraph shall constitute grounds for Employment Services' termination, for cause, of its Agreement with UPSTATE COLORADO. 16. UPSTATE COLORADO shall protect the confidentiality of all applicant records and other materials that are maintained in accordance with this Agreement. No information about or obtained from any 2 of 3 applicant/recipient in possession of UPSTATE COLORADO shall be disclosed in a form identifiable with the applicant/recipient unless in accordance with UPSTATE COLORADO written policies governing access to, duplication and dissemination of, all such information. UPSTATE COLORADO shall advise its employees, agents. and subcontractor, if any, that they are subject to these confidentiality requirements. UPSTATE COLORADO shall provide its employees. agents, and subcontractors, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. UPSTATE COLORADO shall have its employees, agents. and subcontractors, if any, sign a written confidentiality agreement and shall provide a copy of such agreement to Employment Services, if requested. 17. Proprietary information for the purposes of this contract is information relating to a party's research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients or affiliates, but does not include information (1) lawfully obtained from third parties, (2) that which is in the public domain, or(3)that which is developed independently. Neither party shall use or disclose directly or indirectly without prior written authorization any proprietary information concerning the other party obtained as a result of this Agreement. Any proprietary information removed from the State's site by UPSTATE COLORADO in the course of providing services under this Agreement will be accorded at least the same precautions as are employed by UPSTATE COLORADO for similar information in the course of its own business. 18. UPSTATE COLORADO certifies that it shall comply with the provisions of Colorado Revised Statutes (C.R.S.) 8-17.5-101, et seq. UPSTATE COLORADO shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a subcontractor that fails to certify to UPSTATE COLORADO that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. UPSTATE COLORADO represents, warrants, and agrees that it (a) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, and (b) otherwise will comply with the requirements of C.R.S. 8-17.5-102(2)(b). UPSTATE COLORADO shall comply with all reasonable requests made in the course of an investigation under C.R.S. 8-17.5-102 by the Colorado Department of Labor and Employment. If UPSTATE COLORADO fails to comply with any requirement of this provision or C.R.S. 8-17.5-101, et seq., Employment Services may terminate this Agreement for breach and UPSTATE COLORADO shall be liable for actual and consequential damages to Employment Services. Except where exempted by federal law and except as provided in C.R.S. 24-76.5-103(3), if UPSTATE COLORADO receives federal or state funds under this Agreement, UPSTATE COLORADO must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. 24-76.5-103(4) if such individual applies for public benefits provided under this Agreement. If UPSTATE COLORADO operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it (a) is a citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce one of the forms of identification required by C.R.S. 24-76.5-101. et seq., and(c) shall produce one of the forms of identification required by C.R.S. 24-76.5-103 prior to the effective date of this Contract. 3 of 3 EXHIBIT B BUDGET AND PERFORMANCE INFORMATION BUDGET: Sustainable Manufacturing Initiative Budget Worksheet Fiscal Agent Employment Services of Weld County Project Dates From: 7/1/2012 To: 12/31/2012 Line Item Budget (1) (2) Total Grant Funds Leveraged Funds Orant Fttldmliiiskation -' '""J'5 : Salaries $0 $0 $0 Fringe Benefits $0 $0 $0 Travel $1,000 $0 $1,000 Equipment $0 $0 $0 Materials/Supplies $0 $0 $0 Staff Training $0 $0 $0 Contracts(please list): $0 $0 $0 Upstate Colorado Economic Dev. $0 $0 $0 Part-Time staff to administer grant $14,472 $0 $14,472 Tuition Reimbursement $27,278 $0 $27.278 Operating/Overhead Costs $0 $0 $0 Other(please list): $0 $0 $0 Brighton Economic Development Dev Corp $0 $0 $0 Industry Partners $0 $0 $0 Administrative Cost(10°o cap)(ES) _ $2,250 $0 $2,250 Total Budget $45.000.00 $ 0.00 $45.000.00 PERFORMANCE OUTCOMES: The goals and outcomes for the time period covered by this agreement for the Sector initiative are included on the following pages. I of 8 BUDGET: BIB Initiative Budget Worksheet Fiscal Agent Employment Services of Weld County Project Dates From: 9/1/2012 To: 06/30/2013 Line Item Budget (I) (2) Total Grant Funds Leveraged Funds ed*AsiittantriStfatican . fi Salaries $0 $0 $0 Fringe Benefits $0 $0 $0 Travel $1,000 $0 $1,000 Equipment $0 $0 $0 Materials/Supplies $0 $0 $0 Staff Training $0 $0 $0 Contracts(please list): $0 $0 $0 Upstate Colorado Economic Dev. $0 $0 $0 Part-Time staff $14,000 $0 $14,000 Tuition Reimbursement $79,506 $0 $79,506 Operating/Overhead Costs $0 $0 $0 Other(please list): $0 $0 $0 Brighton Economic Development Dev Corp $0 $0 $0 Industry Partners $0 $51,980.00 $51,980.00 Administrative Cost(7.2%cap)(ES) $11.577 $0 $2,250 Total Budget $106,083.00 $ 0.00 $148,736.00 PERFORMANCE OUTCOMES: The goals and outcomes for the time period covered by this agreement for the Sector initiative are included on the following pages. 2 of 8 SECTOR Scope of Work- Goals and Deliverables GOAL #1: Help employers specify, prioritize and measure skill development needs in workforce (prospective and incumbent) Objective #1: Ensure that regional education and training systems are able to provide instruction that addresses the skills and competencies needed to help manufacturers move towards sustainability. Strategy/Activ Target List of Partner Deliverable(s) ity Completion Roles/Responsibilities Date Continue to Ongoing Leaders from employers, Continue to review workforce skill needs convene representatives from (incumbent and prospective)to assess skills industry Aims and Front Range and prioritize content areas most important to participants, Community Colleges, manufacturers(examples of content areas to be educators, Upstate Colorado, considered among the priorities identified will economic Brighton EDC, and continue to include HVAC, Mechatronics, development CAMT, Employment Manufacturing Technology, PC Applications, agencies and Services of Weld County Process Technology, Instrumentation & professional and Adams Workforce Control, Materials, Energy Storage and Heat groups Center Recovery, Water Reuse, Industrial Technology, Lean processes, etc.) Convene Ongoing Aims Community Continue to review existing training and curricula College education resources(such as Industrial advisory Front Range Community Technology and Clean Tech programs); committee College: CAMT: industry customize for applications to new industry- participants specific sustainable curricula Final December Upstate Colorado Summarize results for the objective for Results 31,2012 inclusion/publication in www.SMIAC.org web site and provide as a resource for the Manufacturing industries in Weld and Adams counties. Objective#2: Establish a set of metrics through which employers will measure the impact of skill development activities. Strategy/Acti Target List of Partner Deliverable(s) vity Completion Date Roles/Responsibilities Convene Ongoing Weld/Adams Co. Workforce Metrics for impact of training on employer Boards, local manufacturing sustainability measures, revenue and cohorts to executives: CAMT: industry expenses, employee hiring, retention create participants and turnover. metrics _ Convene Ongoing Aims Community College Metrics for evaluation of curricula Front Range Community program/training efficacy and advisory College:CAMT: industry refinement of curriculum (based on workgroup participants developed metrics) Final December 31, Upstate Colorado Develop summary regarding Results 2012 outcomes of training provided and make available in written format as il well as in www.SMlAC.org 3 of 8 GOAL #2: Expand industry-specific education and training offerings Objective#1: Structure curriculum for continuation of sustainable training through community colleges and CAMT Strategy/Activi Target List of Partner Deliverables) ty Completion Date Roles/Responsibilities Convene Ongoing Aims Community College Curriculum for training to promote curricula Front Range Community workforce advancement to address advisory College; CAMT; industry manufacturers' production workgroup participants requirements Convene Ongoing Aims Community College Continue to develop curriculum for curricula Front Range Community credit programs to promote advisory College: CAMT; industry workforce advancement to address workgroup participants manufacturers' production requirements; determination of tuition subsidies available through SECTORS grant for newly recruited employers Final Results December 31, Upstate Colorado Develop summary regarding 2012 training provided and make available in written format as well as in www.SMIAC.org. (Include link to weekly reports) GOAL #3: Deliver opportunities for training and educational non-credit, certificate and/or degree programs to enhance workforce Objective#1: Launch approved sustainable manufacturing coursework Strategy/Activi Target List of Partner Outcome/Deliverable ty Completion Date Roles/Responsibilities Launch non- Ongoing; CAMT; Aims Community Classes in sustainable practices credit courses College: Front Range offered with grant-funded Community College subsidies: completion certificate awarded to each student Input to credit Ongoing Aims Community College Provide input to classes in courses Front Range Community sustainable practices offered with College grant-funded subsidies; certificate or diploma awarded to each student Create Ongoing CAMT; industry participants Training curricula, work plan for sustainability company sustainability teams: team training website as resource Final Results December 31, Upstate Colorado Develop summary regarding 2012 types of training utilized and developed and also identify modifications made or added to existing courses as a result of employers stated needs. Make information available in written format as well as in www.SMIAC.org 4of8 Objective#2: Establish and deploy 'ob seeker/employer services Strategy/Activity Target List of Partner Outcome/Deliverable Completion Roles/Responsibilities Date Offer and promote Ongoing Weld/Adams Co. WFB Sustainable education seminars and educational seminars local educational resources and resources institutions, CAMT Identify consulting Ongoing CAMT, economic Catalog of resources and services resources development agencies for sustainable manufacturing practices Best Practices FAQ December WASMA: Weld/Adams Best Practices documentation 2012 Co. WEB: CAMT encompassed in marketing materials Recruiting/peer Ongoing WASMA: CAMT Participation of regional mentoring network manufacturers in WASMA to promote sustainable practices Linkage to programs April 2012 Economic development Catalog of resour4ces to utilize for such as SBA (Small agencies, WASMA development through professional Business networking Administration), MEP (Manufacturing Extension Partnership), Develop Waste-to- July 2012 WASMA Create network to find scrap/waste Profit Network manufacturing buyers/sellers Final Results December 31, Upstate Colorado Develop summary of resources 2012 available and include as a link in www.SM1AC.org. Objective #3: Augment existing offerings to be more deliberately supportive of sustainable manufacturing skill development Target List of Partner Strategy/Activity Completion Roles/Responsibilitie Outcome/Deliverable Date s Industrial Technology/ manufacturing Ongoing Aims and Front Continue to provide input technology addition to programs Range Community regarding employer (instrumentation/measurement) Colleges identified training needs to include within existing programs Final Results December 31, Upstate Colorado Develop summary 2012 listing of proposed curriculum changes resulting from Sector grant and make available in www.SM1AC.org. 5 of 8 GOAL #4: Coordinate activities originally identified under the Weld/Adams Sustainable Manufacturing Alliance (WASMA) with the Colorado Key Industry Manufacturing Alliance Objective#1: Coordinate WASMA, define its mission and recruit industry leaders Target List of Partner Strategy/Activity Completion Deliverable(s) Roles/Responsibilities Date Collaborate with State of December Weld/Adams Co. Workforce Coordinate efforts of the Colorado Key Industry 2012 Boards. Upstate and Brighton Sustainable Manufacturing Manufacturing Alliance to ED, manufacturing executives: Sector Initiative with the incorporate information CAMT Colorado Key Industry learned: recruit industry Manufacturing Alliance leaders November Weld/Adams Co. Workforce Review Mission statement. Review WASMA mission 22012 Boards, Upstate and Brighton cost/ benefit for members and membership protocol ED, manufacturing executives: and share information with and determine linkage with Key Industry CAMT Colorado Key Industry Manufacturing Alliance December Weld/Adams Co. Workforce Coordinate efforts of the 2012 Boards, Upstate and Brighton Sustainable Manufacturing Identify gaps in the ED, manufacturing executives: Sector Initiative with the employers and providers included in the alliance CAMT Colorado Key Industry and Manufacturing Alliance to ensure broad participation of employers Objective #2: Create and implement website offering sustainable resources and training seminar and webinar series Target List of Partner Strategy/Activity Completion Outcome/Deliverable Roles/Responsibilities Date Continue to provide input Completed Weld/Adams Co. WFB Offer existing domain name into web portal. Coordinate WASMA board of directors to Key Industry with Key Industries Members, staff, Upstate Manufacturing Alliance for Colorado and Brighton a Web Portal for Economic Development sustainable manufacturing information and resources Economic development November Upstate Colorado and Coordinate the career and marketing(web expansion. 2012 Brighton Economic sustainability resources career exploration resources Development available online with the development) Key Industry Manufacturing Alliance to create a comprehensive web presence Develop and deliver series Continuous Education providers, Webinar instructions and of sustainable CAMT,TBD links to sustainable manufacturing programs manufacturing resources Final Results December 31, Upstate Colorado Promote usage of 2012 www.SMIAC.org website by partners & employers 6 of 8 HIB Grant Scope of Work- Goals and Deliverables Goal#1 —Identify employers interested in participating in the HIB initiative. Target List of Partner Strategy/Activity Completion Deliverable(s) Roles/Responsibilities Date March 2013 Weld Workforce Boards, Review workforce skill Identify employers, primarily in the Advanced Upstate, manufacturing needs(incumbent and p y executives: prospective)to assess the Manufacturing and employer's high level skill Information Technology needs and prioritize content sectors, that would like to areas most important to participate in training to manufacturers. (Skills increase (or provide) high should be in accordance with level skills to their guidance provided through incumbent workers. the I-11B B grant) Obtain required employer June 2013 Upstate Colorado Assist employers with match Identifying and documenting their leveraged funds share for training received. Total funds should total at least $51,980.00. (Leveraged funds are In-Kind and can include things such as wages for worker time while in training, employer staff time contributed while identifying training needs, space. etc.) Assist employers and June 2013 Upstate Colorado Identity and assist at least 19 incumbent workers with incumbent workers with completing all paperwork completing required program required for participation paperwork and connect with and reimbursement for appropriate training training costs. provider. Submit information to ES for payment of training costs. 7 of 8 Goal #2—Identify available training providers that can meet the employer's identified high level skill needs Target List of Partner Strategy/Activity Completion Deliverable(s) Roles/Responsibilities Date Assist employers in March 2013 Weld Workforce Boards, Develop a resource guide of identifying appropriate Upstate, manufacturing training strategies including training providers that can executives: classroom occupational upgrade incumbent training; contextualized workers high level skill learning; distance learning; needs, or assist in and customized training connecting the employer options that may be with the Sector Initiative's currently available or which education and training can be developed as future partners to develop skills gaps are identified. training specific to the employer needs Goal#3—Identify gaps in training Target List of Partner Strategy/Activity Completion Deliverable(s) Roles/Responsibilities Date Identify gaps in the March 2013 Weld Workforce Boards, Summary of results of employer's needs and Upstate, manufacturing employer needs compared to what is currently provided. executives; existing training needs and identify results and strategies taken to address gaps. 8 of 8 Hello