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Home My WebLink About20101021.tiff RESOLUTION RE: APPROVE GRANT AGREEMENT FOR VARIOUS WORKFORCE DEVELOPMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has been presented with a Grant Agreement for various Workforce Development Programs 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, Employment Services, and the Colorado Department of Labor and Employment, commencing July 1, 2010, and ending June 30, 2013, with further terms and conditions being as stated in said grant agreement, and WHEREAS, after review,the Board deems it advisable to approve said grant 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 Grant Agreement for various Workforce Development Programs 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, Employment Services, and the Colorado Department of Labor and Employment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said grant agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of May, A.D., 2010. BOARD OF COUNTY COMMISSIONERS ‘\\I 4 E ELD COUNTY • ORADO ATTEST: �``w_ • glas ademach=r, Chair Weld County Clerk to the : -r• ,�� %r. ((A 1L . . . 2U rbara Kirkmeyer, ro-Tem � BY: _ De• Clerk t• the Board ��'�� ` �✓ Sean P.r APP AS TO • 1/(4 William F. Garcia ty A orney EXCUSED David E. Long Date of signature: cela'lto `,Zal- y Cvtr. I-Is 2010-1021 O de: l isp w/o HR0081 MEMORANDUM re �` DATE: May 13, 20W Wi`kTO: Douglas Rademacher, Chair, Bo rd f Co ty mmissioners FROM: Judy A. Griego, Director, Hu n e ces ep me COLORADO • RE: Grant Agreement between the Board of County Commissioners , on behalf of the Weld County Department of Human Services and the Colorado Department of Labor and Employment for Program Year 2010 Enclosed for Board Approval is the Grant Agreement between the Board of County Commissioners on behalf of the Weld County Department of Human Services and the Colorado Department of Labor and Employment for Program Year 2010. This Grant Agreement was presented at the Board's May 10, 2010, Work Session. The Grant Agreement covers the terms and conditions allowing for the Workforce Investment Act funds and other work related program funds to be accessed to serve Weld County citizens. The effective term of the Agreement is July 1, 2010 through June 30, 2013. If you have any questions, give me a call at extension 6510. 2010-1021 Nocitaskasa CMS# 12069 STATE OF COLORADO Colorado Department of Labor and Employment Grant Agreement with The Board of County Commissioners of Weld County TABLE OF CONTENTS 1. PARTIES I 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY, 1 3. RECITALS 4. DEFINITIONS 1 2 5. TERM and EARLY TERMINATION 3 6. STATEMENT OF WORK 7. PAYMENTS TO GRANTEE' 3 8. REPORTING-NOTIFICATION 4 9. GRANTEE RECORDS 4 10. CONFIDENTIAL INFORMATION-STATE RECORDS 5 11. CONFLICTS OF INTEREST 5 12. REPRESENTATIONS AND WARRANTIES 6 13. INSURANCE 6 14. BREACH 7 15, REMEDIES 7 16. NOTICES and REPRESENTATIVES 9 17. GOVERNMENTAL IMMUNITY 10 18. STATEWIDE GRANT MANAGEMENT SYSTEM 10 19. GENERAL PROVISIONS 10 20. COLORADO SPECIAL PROVISIONS 13 21. AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 SUPPLEMENTAL PROVISIONS 15 22. SIGNATURE PAGE 19 23. EXHIBIT A-ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 24. EXHIBIT B-LOCAL PLAN SIGNATURE PAGE AND LOCAL PLAN DOCUMENT ii 25. EXHIBIT C-EXPENDITURE AUTHORIZATION DOCUMENT iii 26. EXHIBIT D-CERTIFICATION REGARDING DEBARMENT AND SUSPENSION iv 27. EXHIBIT E-DRUG FREE WORKPLACE CERTIFICATION 28. EXHIBIT F-CERTIFICATION REGARDING LOBBYING vi 29. EXHIBIT G-TOBACCO FREE CERTIFICATION vii 30. EXHIBIT H-GRANT AGREEMENT DEFINITIONS viii 31. EXHIBIT I-NOTICE OF FUND AVAILABILITY(NFA) LETTER ix 32. EXHIBIT J-STANDARD ASSURANCES x 1. PARTIES This Grant Agreement(hereinafter called "Grant") is entered into by and between The Board of County Commissioners of Weld County,915 10th St.,P. O. Box 758, Greeley, CO 80632-0758 (hereinafter called "Grantee"), and the STATE OF COLORADO acting by and through the Colorado Department of Labor and Employment (hereinafter called the "State or CDLE"). 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority, Appropriation, And Approval Page 1 of 19 Authority to enter into this Grant exists in the Workforce Investment Act(WIA) of 1998, also known as Public Law 105-220, the Wagner Peyser Act, the American Recovery and Reinvestment Act of 2009 and other Federal and State funding appropriations for programs, such as, the Veterans' Employment and Training Program, authorized by Title 38, United States Code Chapter 41 and Public Law 107-288 Jobs for Veterans Act of 2002. the Displaced Homemaker program, National Emergency Grants, State Incentive Grants, and other workforce development programs and funds have been budgeted, appropriated and otherwise made available pursuant to the Workforce Invstment Act of 1998, which includes the Wagner Peyser Act, and the State's Long Bill for the appropriation of Employment Support Funds, the Displaced Homemaker Program and other State funding and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose. The purpose of this Grant is to provide funding for workforce development programs under the Workforce Investment Act of 1998 (WIA), the Wagner-Peyser Act of 1933(Wagner-Peyser), and other Federal and State statutes. Funds are provided to the Grantee for the delivery of workforce development services for individuals seeking employment and training services and employers seeking business enhancement services with the goal of increasing the quality and capacity of the local workforce system and to support the economic success and sustainability of local businesses throughout the state of Colorado. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows(additional program definitions are attached hereto as Exhibit H, Grant Agreement Definitions): A. Budget "Budget"means the budget for the Work described in Exhibit A, B, and C. B. Evaluation "Evaluation" means the process of examining Grantee's Work and rating it based on criteria established in §6- 9 and Exhibit A- C. 9 C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A Administrative Requirements and Funding Provisions Exhibit B Local Plan Signature Page and Local Plan Document Exhibit C Expenditure Authorization Document Exhibit D Certification Regarding Debarment and Suspension Exhibit E Drug-Free Workplace Certification Exhibit F Certification regarding Lobbying Exhibit G Tobacco Free Certification Exhibit H Grant Agreement Definitions Exhibit I Notice of Fund Availability (NFA) letter Exhibit J Standard Assurances D. Goods "Goods" means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant "Grant" means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado State law, Fiscal Rules, and State Controller Policies. F. Grant Funds "Grant Funds" means available funds payable by the State to Grantee pursuant to this Grant. G. Party or Parties Page 2 of 19 "Party" means the State or Grantee and "Parties" means both the State and Grantee. H. Program "Program" means workforce development services provided under this Grant which are funded by the Workforce Investment Act of 1998 (WIA), the Wagner-Peyser Act of 1933(Wagner-Peyser), and/or other Federal and State statutes. I. Review "Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6-9 and Exhibits A-C. J. Services "Services" means the required services to be performed by Grantee pursuant to this Grant. K. Sub-grantee "Sub-grantee" means third-parties, if any, engaged byGrantee to aid in performance of its obligations. L. Work "Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A-C., including the performance of the Services and delivery of the Goods. M. Work Product "Work Product" means the tangible or intangible results of Grantee's Work, including, but not limited to, software, research, reports, studies, data, photographs,negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts. 5. TERM and EARLY TERMINATION. Intial Term-Work Commencement The Parties respective performances under this Grant shall commence on the later of either the Effective Date or July 1,2010. This Grant shall terminate on June 30,2013 unless sooner terminated or further extended as specified elsewhere herein. 6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A, B,and/or C on or before June 30,2013. The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees All persons employed by Grantee or Sub-grantees shall be considered Grantee's or Sub-grantees' employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. 7. PAYMENTS TO GRANTEE • The State shall pay Grantee in accordance with the provisons of this §7,any issued NFA letters, any executed Expenditure Authorizations, and applicable provisions in Exhibit A. A. Payment i. Advance,Iterim and Final Payments Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth in approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents peformance by Grantee previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however,that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State Page 3 of 19 41 separately for accrued interest on delinquent amounts.The billing shall reference the delinquent payment, the number of day's interest to be paid and the interest rate. iii. Available Funds-Contingency-Termination 1 The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year. Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part, the State's performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant,the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State's sole discretion, payments made to Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants, grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any party other than the State. B. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or pursuant to Exhibits A through C. 8. REPORTING -NOTIFICATION Reports, Evaluations, and Reviews required under this §8 and pursuant to Exhibit A shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §16, if applicable. A. Performance,Progress,Personnel,and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee's ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of the Colorado Department of Labor and Employment. C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. SubGrants Copies of any and all subGrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subGrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subGrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS In addition to the provisions in Exhibit A, Grantee shall make, keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services(including, but not limited to the operation of programs) or Goods hereunder. Grantee shall maintain such records (the Record Retention Period) until the last to occur of the following: (i) a period of three years after the date this Grant is completed or terminated, or(ii) final payment is made hereunder, whichever is later, or(iii) for such further period as may be necessary to resolve any pending matters, or (iv) if an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the "Record Retention Period"). Page 4 of I9 B. Inspection Grantee shall permit the State, the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder, whichever is later, to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder. The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee's performance hereunder. D. Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information, includes, but is not necessarily limited to, state records, personnel records, and information concerning individuals. A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B. Notification Grantee shall notify its agent, employees, Sub-grantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the State or their respective agents. Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub-grantees, or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, Grantee shall refrain from any practices, activities Page5 of 19 or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority—Grantee and Grantees Signatory. Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant, or any pail thereof, and to bind Grantee to its terms. If requested by the State, Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. C. Licenses,Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the State or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Sub-grantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant: All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the"GIA"), then Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State, if requested by the State. Grantee shall require each Grant with Sub-grantees that are public entities, providing Goods or Services hereunder, to include the insurance requirements necessary to meet Sub-grantee's liabilities under the GIA. ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to sub-Grantees that are not"public entities". B. Sub-Grantees Grantee shall require each Grant with Sub-grantees, other than those that are public entities, providing Goods or Services in connection with this Grant, to include insurance requirements substantially similar to the following: i. Worker's Compensation Page 6 of 19 Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Sub-grantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Grantees, products and completed operations, blanket Grantual liability, personal injury, and advertising liability with minimum limits as follows: (a)$1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any aggregate limit is reduced below $1,000,000 because of claims made or paid, Sub-grantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. iii. Automobile Liability Automobile Liability Insurance covering any auto (including owned, hired and non-owned autos)with a minimum limit of$1,000,000 each accident combined single limit. iv. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies(leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85,.CG 2037, or equivalent). v. Primacy of Coverage Coverage required of Grantee and Sub-grantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and the State by certified mail. vii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Sub- grantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers. C. Certificates Grantee and all Sub-grantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant. No later than 15 days prior to the expiration date of any such coverage, Grantee and each Sub-grantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof In addition, upon request by the State at any other time during the term of this Grant or any sub-grant, Grantee and each Sub-grantee shall,within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law,by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES Page 7 of 19 1 + t If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in §14(B). The State may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner, the State may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within the cure period, the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. i. Obligations and Rights To the extent specified in any termination notice, Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and sub-Grants with third parties. However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms. At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated orders or sub-Grants. Upon termination, Grantee shall take timely, reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest. All materials owned by the State in the . possession of Grantee shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii.Damages and Witholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages, until such time as the exact amount of damages due to the State from Grantee is determined. The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders, or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. B. Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor, General Assembly, and/or Courts. If this Grant ceases to further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder. This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee, which shall be governed by §15(A) or as otherwise specifically provided for herein. i. Method and Content The State shall notify Grantee of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice, Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this§15(B), Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant, less payments previously made. Additionally, if this Page 8 of 19 Grant is less than 60% completed, the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State, its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withold Payment Withhold payment to Grantee until corrections in until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed, that due to Grantee's actions or inactions, cannot be performed or, if performed, would be of no value to the State; provided,that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Intellectual Property If Grantee infringes on a patent, copyright,trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the State's option (a) obtain for the State or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non-infringing; or, (c) if neither of the forgegoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the State. 16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard- copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. A. State: Lisa Eze, Director Procurement and Contracts Department of Labor and Employment 633 17°i Street, Suite 1100 Denver, CO 80202-3631 303.318.8054 I isa.eze(d1state.co.us With a copy to: Peggy S. Herbertson, Director Division of Employment and Training Department of Labor and Employment 633 17th Street, Suite 1200 Denver, CO 80202-3629 303.318.8032 peggy.herbertsonr&state.co.us B. Grantee: Page 9 of 19 Dou<elas Rademacher The Board of County Commissioners of Weld County 915 10th St.,P.O. Box 758 Greeley, CO 80632-0758 970.336.7204 LDRademacher@tco.weld.co.us with a copy to: Employment Services of Weld County Linda Perez, Director P.O. Box 1805 Greeley, CO 80632 970.353.3800.3363 Iperez@co.weld.co.us 17. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended. 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 and the risk management statutes, CRS §24-30-1501, et seq., as amended. 18. STATEWIDE GRANT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §18 applies. Grantee agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Grant management system. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration process and Grantee's performance will be systematically recorded in the statewide Grant Management System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Grant Management System at intervals established herein and a final Evaluation, Review and Rating shall be rendered within 30 days of the end of the Grant term. Grantee shall be notified following each performance Evaluation and Review, and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder,the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Labor and Employment, and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon showing of good cause. 19. GENERAL PROVISIONS Page 10 of 19 A. Assignment and SubGrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subGranted without the prior, written consent of the State. Any attempt at assignment, transfer, subGranting without such consent shall be void. All assignments, subGrants, or Sub-grantees approved by Grantee or the State are subject to all of the provisions hereof Grantee shall be solely responsible for all aspects of subGranting arrangements and performance. B. Binding Effect Except as otherwise provided in §19(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors, and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents 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 force or affect whatsoever, unless embodied herein. F. Indemnification-General To the extent authorized by law,Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub-grantees, or assignees pursuant to the terms of this Grant; however, the provions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights,benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq., as applicable, as now or hereafter amended. G. Jurisdction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H. Modification i. By the Parties Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by both parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies, including, but not limited to, the policy entitled MODIFICATIONS OF GRANTS - TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the State and Grantee. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limtied to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Supplemental Provisions for Contracts, Grants, and Purchase Orders Using Funds Provided under the American Recovery and Reinvestment Act of 2009 ii. Colorado Special Provisions iii. The provisions of the main body of this Grant iv. Exhibit A, Administrative Requirements and Funding Provisions v. Exhibit B, Local Plan vi. Executed Notice of Fund Availability Letters vii. Executed Expenditure Authorization Documetns Page 11 of 19 viii. Attachments D-J J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K) and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State; provided however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. N. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement. O. Governor's Executive Orders for Energy Conservation and the Environment Pursuant to Colorado Governor's Executive Orders DO11 07 and D012 07 State is committed to taking a leadership position in sustainability, energy conservation and efficiency, and all environmental issues that affect the health and well being of Colorado citizens. During the term of this Grant, State encourages Grantee to consider environmental factors in all business and purchasing decisions and to consider giving preference to products and services that have a lesser or reduced effect on human health and the environment. P. Open Records The parties understand that all the material provided or produced under this Grant may be subject to the Colorado Open Records Act, § 24-72-201, el seq., C.R.S., an that in the event of a request to either party for disclosure of such information, the party receiving the request shall advise the other party of such request in order to give the other party the opportunity to object to the disclosure of any of its proprietary or confidential material. TIDE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 12of 19 20. COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A. 1. CONTROLLER'S APPROVAL. CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. 2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. 3. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§1346(b)and 2671 et seq., as applicable now or hereafter amended. D. 4. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees. Unemployment insurance benefits shall he available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or implied, to bind the State to any Grant, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. 5. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. 6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. 8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this Grant shall not be used for the acquisition, operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision,the State may exercise any remedy available at law or in equity or under this Grant, including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. 9. EMPLOYEE FINANCIAL INTEREST. CRS §§24-18-201 and 24-50-507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. J. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. Page I3 of 19 [Not Applicable to intergovernmental agreements[ Subject to CRS §24-30-202.4(3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. 11. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment advisory 4 services or fund management services, sponsored projects, intergovernmental Agreements, or information ] technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly a employ or Grant with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant or enter into a Grant with a Sub-grantee that fails to certify to Grantee that the Sub-grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant. Grantee (a) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Sub-grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub-grantee is employing or Granting with an illegal alien for work under this Grant, (c) shall terminate the subGrant if a Sub-grantee does not stop employing or Granting with the illegal alien within three days of receiving the notice, and(d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant.to CRS §8-17.5- 102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the Granting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the Granting State agency, institution of higher education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. L. 12. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24-76.5-101. Grantee, if a natural person eighteen (18)years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 14 of 19 21. State of Colorado Supplemental Provisions for Contracts, Grants, and Purchase Orders Using Funds Provided under the American Recovery and Reinvestment Act of 2009 As of 8-21-09 The contract, grant, or purchase order to which these Supplemental Provisions are attached has been funded, in whole or in part, with ARRA Funds. In the event of a conflict between the provisions of these Supplemental Provisions, the Special Provisions, the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions, the following terms shall have the meanings ascribed to them below. 1.1. "ARRA" means the American Recovery and Reinvestment Act of 2009, (Public Law 111-5). 1.2. "ARRA Funds" means any funds that are expended or obligated from appropriations made under ARRA. 1.3. "ARRA Project" means a project or program funded directly by or assisted, in whole or in part, by ARRA Funds. 1.4. "Contract" means the contract to which these Supplemental Provisions are attached and includes a grant contract or a loan contract. 1.5. "Contracting Entity" means a Prime Recipient, a Subrecipient, or a Recipient Vendor. 1.6. "Contractor" means the party or parties to the Contract other than the Prime Recipient and includes a grantee, subgrantee, or a borrower. For purposes of ARRA reporting, Contractor is either a Subrecipient or a Recipient Vendor under this Contract. 1.7. "Entity" means a governmental body; legally recognized for profit or nonprofit business organization, such as a corporation, limited liability company, or partnership; or sole proprietor and excludes individual recipients of Federal assistance. 1.8. "FFATA" means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109- 282). 1.9. "Prime Recipient" means a Colorado State Agency or Institution of Higher Education that receives ARRA Funds directly from a Federal Agency in the form of a grant, loan, or cooperative agreement. 1.10. "Subcontractor" means an Entity engaged by Contractor to provide goods or perform services in connection with this contract. 1.11. "Subrecipient" means a non-Federal Entity receiving ARRA Funds through a Prime Recipient to support the performance of the ARRA Project for which the ARRA Funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal award to the Prime Recipient, including program compliance requirements. The term "Subrecipient" includes and may be referred to as Subgrantee. 1.12. "Supplemental Provisions" means these Supplemental Provisions for Contracts and Grants Using Funds Provided under the American Recovery and Reinvestment Act of 2009, as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado Agency or Institution of Higher Education. 1.13. "Vendor" means a dealer, distributor, merchant or other seller providing goods or services required for a project or program funded by ARRA. A Vendor is not subject to all the terms and conditions of the Federal award, and all program compliance requirements do not pass through to a Vendor. However, a Vendor may be subject to selected program compliance requirements. See §22 of these Supplemental Provisions. 1.13.1 "Recipient Vendor" means a Vendor that receives ARRA Funds from a Prime Recipient. 1.13.2 "Subrecipient Vendor" means a Vendor that receives ARRA Funds from a Subrecipient. 2.Compliance. Contractor shall comply with all applicable provisions of ARRA and the regulations issued Page IS of 19 pursuant thereto, including but not limited to these Supplemental Provisions. Any revisions to such provisions 4 or regulations shall automatically become a part of these Supplemental Provisions, without the necessity of either party executing any further instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions. 3.ARRA Contracts and Subcontracts. Contractor shall include these Supplemental Provisions in all of its contracts and subcontracts using ARRA Funds, in whole or in part, and shall provide written notification of revisions hereto to all parties to such contracts or subcontracts in accordance with §2 above. Contractor shall ensure that all subcontractors comply with applicable provisions of ARRA. 4.Debarred or Suspended Entities. Contractor shall not enter into any contract or subcontract in connection with this Contract with a party that has been debarred or suspended from contracting with the Federal Government or the State of Colorado. See Excluded Parties List System at https://www.epls.gov/. 5.Conflict of Laws. In the event of a conflict between the laws of the State of Colorado or these Supplemental Provisions and ARRA, ARRA shall control. 6.Whistle Blower Protection. ARRA §1553. Contractor shall not discharge, demote or otherwise discriminate against an employee as a reprisal for disclosures by the employee of information that the employee reasonably believes is evidence of: (a) gross mismanagement of a contract or grant relating to ARRA Funds; (b) a gross waste of ARRA Funds; (c) a substantial and specific danger to public health or safety related to the implementation or use of ARRA Funds; (d) an abuse of authority related to implementation or use of ARRA Funds; or (e) a violation of law, rule, or regulation related to a contract, including the competition for or negotiation of a contract or grant, awarded or issued relating to ARRA Funds. Contractor shall post a notice of the rights and remedies available to employees under ARRA§1553 in all workplaces where employees perform work that is funded in whole or in part by money authorized under the ARRA. A sample notice can be found at www.recovery.qov/?q=content/whistleblower-information. Contractor specifically acknowledges that Contractor and its employees are aware of and shall abide by the provisions of ARRA§1553. Contractor shall include the language and requirements of this subsection ("Whistleblower Protection under§1553 of the ARRA") in all of its contracts and agreements with employees, subcontractors and anyone else who performs work on behalf of Contractor. 7.False Claims Act. 31 U.S.C. §§3729-3733. Contractor shall refer promptly to an appropriate Federal Inspector General any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor or other person has committed a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving ARRA funds. 8.Reporting of Fraud, Waste, and Abuse. Contractor shall also refer promptly to the Colorado Office of the State Controller(OSC) any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has committed a criminal or civil violation of laws pertaining to fraud, waste, and abuse involving ARRA Funds. The OSC shall report such incidents of misconduct to the appropriate State Agency and appropriate Federal authority. Contact information for reporting fraud, waste, and abuse to the OSC is located at http://www.colorado.qov/dpa/dfp/sco/contracts/ARRA/ARRA Main Page.htm 9.Inspection of Records. ARRA§§902, 1515. Contractor shall permit the United States Comptroller General and his or her representatives or any representative of an appropriate Inspector General appointed under§3 or§8G of the Inspector General Act of 1978, as amended (5 U.S.C. App.) to: (a) examine any records of the Contractor or any of its Subcontractors that directly pertain to, and involve transactions relating to this Contract or any contract or subcontract using ARRA Funds; and (b) interview any officer or employee of Contractor or any of its Subcontractors regarding such transactions. Contractor shall permit the State of Colorado, the Federal Government or any other duly authorized agent of a governmental agency with jurisdiction to audit, inspect, examine, excerpt, copy and/or transcribe Contractor's or such Subcontractor's records during the term of this Contract and for a period of three years following termination of this Contract or final payment hereunder, whichever is later, to assure compliance with these terms or to evaluate Contractor's performance hereunder. 10. Wage Rate Requirements — Davis-Bacon Wage Determinations. ARRA§1606. Contractor and its Subcontractors shall pay all laborers and mechanics employed on ARRA Projects by Contractor or any of its Subcontractors at wage rates not less than those prevailing on projects of a character similar in the locality, Page 16 of 19 as determined by the United States Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40 of the United States Code. The Secretary of Labor's determination regarding the prevailing wages applicable in Colorado is available at http://www.gpo.gov/davisbacon/co.html. 11. Job Opportunity Posting Requirements. Governor's Executive Order D 01409. Contractor shall post notice of job openings created by ARRA funded projects on the Colorado Department of Labor and Employment job website, http://www.connectinqcolorado.com. In the performance of this duty, Contractor and any of its Subcontractors shall post jobs on Connecting Colorado Job Site that clearly designates the job opening as an ARRA job in a form and manner prescribed by the Colorado Department and Labor and Employment. 12. Buy American Requirement-Construction. ARRA §1605. All iron, steel and manufactured goods used in any ARRA Project for the construction, alteration, maintenance, or repair of a public building or public work shall be produced in the United States in a manner consistent with United States obligations under international agreements. This requirement can be waived only by the awarding Federal Agency in limited situations. 13. Environmental and Preservation Requirements. ARRA§1609. Contractor shall comply with all applicable Federal, State, and Local environmental and historic preservation requirements and shall provide any information requested by the awarding Federal Agency to ensure compliance with applicable laws, including National Environmental Policy Act, as amended (42 U.S.C. 4321-4347) and National Historic Preservation Act (16 U.S.C. 470 et seq.). 14. Non-discrimination. Contractor shall comply with Title VI and Title VII of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1688), the Age Discrimination Act of 1975 (42 U.S.C.6101- 6107), and other civil rights laws applicable to recipients of Federal financial assistance. 15. Identification and Registration Information. If Contractor is a Subrecipient, Contractor shall obtain a Dun & Bradstreet DUNS number (or update the existing DUNS record), and register with the Central Contractor Registration (CCR), the primary registrant database for the Federal government. 16. Fixed Price—Competitively Bid. ARRA§1554. Contractor, to the maximum extent possible, shall award subcontracts as fixed-price subcontracts under this Contract using competitive bid procedures. Contractor shall provide to its Contracting Entity a summary of any contract or subcontract awarded using ARRA Funds that is not fixed-price or not awarded using competitive procedures. 17. Publication. Contractor shall include the Colorado Recovery logo on all project signage, and is encouraged, to the maximum extent possible, to use the logo on all other publications in connection with the activities funded by the Prime Recipient that use ARRA funds. 18. Prohibition on Use of Funds. ARRA §1604. ARRA funds shall not be used for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 19. Enforceability. If Contractor fails to comply with all applicable Federal and State requirements governing the use of ARRA funds, the State of Colorado may withhold or suspend, in whole or in part, funds awarded under the ARRA project, or recover misspent funds following an audit pursuant to §9, above. The remedy under this provision shall be in addition to all other remedies provided to the State of Colorado for recovery of misspent funds available under all applicable State and Federal laws. 20. One Time Funding. Contractor acknowledges and understands that ARRA Projects will not be continued with funds appropriated by the State of Colorado after ARRA Funds are expended or are no longer available. 21. Segregation of Costs. Contractor shall segregate obligations with respect to and expenditures of ARRA Funds from other sources of funding. ARRA Funds shall not be comingled with any other funds or used for a purpose other than the payment of costs allowable under ARRA. 22. Reporting. §1512, FFATA §2. Contractor shall report to its Contracting Entity the data elements required in §23 if Contractor is a Subrecipient or in §24 if Contractor is a Recipient Vendor. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions, as the cost of producing such reports shall be deemed included in the Contract price. The reporting requirements in §§23 Page 17 of 19 and 24 are based on guidance from the US Office of Management and Budget(OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract. The State may provide written notice to Contractor of any such change in accordance with §2 above, but such notice shall not be a condition precedent to Contractor's duty to comply with revised OMB reporting requirements. The Colorado Office of the State Controller shall provide summaries of revised OMB reporting requirements as well as reporting templates for Subrecipients and Recipient Vendors at: http://www.colorado.gov/dpa/dfp/sco/contracts/ARRA/AR RA_Main_Page.htm 23. Subrecipient Reporting. If Contractor is a Subrecipient, Contractor shall report to its Contracting Entity as set forth below. it 23.1 Initial Reporting. A Subrecipient shall report the following data elements to its Contracting Entity upon • • • the effective date of the contract: 23.1.1 Subrecipient DUNS Number 23.1.2 Congressional District of Subrecipient 23.1.3 Primary Place of Performance Information, including: Street Address, State, Country, a City, Zip code + 4 23.1.4 Subrecipient Officers' Names (Top 5) if all three criteria are met:1) 80% or more of Subrecipient's annual gross revenue is from Federal contracts, 2) Subrecipient's annual • gross revenue from Federal contracts is $25 million or more, and 3) Subrecipient's officer names are not publicly available. See page 19 of Recipient Reporting Data Model V3.0 for Quarter Ending September 30, 2009 at http://www.colorado.gov/dpa/dfp/sco/contracts/ARRA/ARRA Main_Page.htm. 23.1.5 Subrecipient Officers' Total Compensation (Top 5) if criteria in §23.1.4 met 23.2 Monthly Reporting. A Subrecipient shall report to its Contracting Entity no later than the 25th day of each month the following inception-to-date data elements as of the end of the prior month: • 23.2.1 Job Creation Narrative for both the Subrecipient and the Subrecipient's Vendors 23.2.2 Number of Jobs Created or Retained for both the Subrecipient and the Subrecipient's • Vendors • 23.2.3 SubAward number or other identifying number assigned by the Subrecipient to each Subrecipient Vendor (this number cannot be a personal identifying number such as a social security number or federal employer identification number) 23.2.4 Vendor name and Zip code + 4 of Vendor's Headquarters for each Subrecipient Vendor; the Subrecipient Vendor's DUNS number may also be provided if available 23.2.5 Subrecipient shall establish reporting deadlines for its Subrecipient Vendors. 24. Recipient Vendor Reporting. A Recipient Vendor shall report to its Contracting Entity no later than the 25th day of each month the following inception-to-date data elements as of the end of the prior month: 24.1.1 Job Creation Narrative 24.1.2 Number of Jobs Created or Retained 25. Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if • the default remains uncured five calendar days following the notice period. This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. • 26. Reporting Framework— see chart below. Federal Agency Prime Recipient Subrecipient . Recipient Vendor Subrecipient Vendor Page 18 of 19 imeimmilis 22. SIGNATURE PAGE CMS# 12069 THE PARTIES HERETO HAVE EXECUTED THIS GRANT * Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO The Board of County Commissioners Of Weld County Bill Ritter,Jr. GOVERNOR By: Douglas Rademacher Colorado Department of Labor and Employment Title: Chair Donald J. Mares, Executive Director e- *Signature . Herbertson, Director Division of Employment and Training Date: MAY 1 7 2010 Date: 7/ 61----/6 2nd Grantee Signature if Needed LEGAL REVIEW By: INSERT-Name of Authorized Individual John W. Suthers,Attorney General Title: INSERT-Official Title of Authorized Individual By: Signature-Assistant Attorney General *Signature Date: Date: _______ ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time. If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. Si TA D i J. McDermott,CPA By: -fii;,r 'J/ �' INSERT-Name of gency Delegate-Please dell to if ntract will be routed to OSC for approval Date: Z_ /6 Page 19 of 19 o?C/D--/Do?/ CMS#12069 Exhibit A 7 . PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS PART 1 - ADMINISTRATIVE REQUIREMENTS 1.1 General Provisions—Statement of Work In accordance with the Workforce Investment Act of 1998, (WIA) any funds appropriated under Title (— Workforce Investment Systems and Title III -Workforce Investment-Related Activities, which includes the Wagner-Peyser Act of the WIA, are provided pursuant to a State-approved Local Plan(Local Plan), with services provided as part of a One-Stop delivery system established by the State. Grantee is authorized by the State to provide workforce development programs for the Adult, Youth, Dislocated Worker, and Wagner Peyser formula allocated programs pursuant to the Local Plan, incorporated herein as Exhibit B, which has been approved by the State and to provide services and implement initiatives using WIA and/or Wagner Peyser discretionary grants, and/or other State- or Federally-funded discretionary grants pursuant to an executed Expenditure Authorization document. Grantee agrees to perform, in a professional manner, the obligations and responsibilities within this Grant and as required for each Funding Source identified in this Exhibit A. For any changes to the Statement of Work, the objective of the Grant, or dollar amount of funding, Grantee shall submit to the State an Expenditure Authorization commitment document to obtain approval prior to implementing any changes. This Grant is subject to such modifications as may be required by changes in applicable federal or state law, or federal or state implementing rules, regulations, or procedures of that federal or state law. Any such required modification shall be automatically incorporated into, and be made a part of this Grant as of the effective date of such change as if that change was fully set forth herein. No other modification of this Grant shall be effective unless such modification is agreed to in writing by both parties in an amendment to this Grant that has been previously executed and approved in accordance with applicable law. A. Duties and Obligations of Grantee Grantee shall: Serve as fiscal agent and administrative entity for a workforce region's One-Stop Workforce Center and be fiscally responsible for the expenditure and use of all funds disbursed pursuant to this Grant in accordance with all applicable laws, rules, regulations, and relevant Program Guidance Letters (PGL's) issued by the State; ii. Coordinate and ensure the appointment of members of a Local Workforce Investment Board (LWIB) and a local Youth Council in accordance with state and federal laws and regulations; In conjunction with the LWIB, ensure that there is at least one local workforce center to be operated as the One-Stop Workforce Center for their workforce region; iv. Obtain all required reviews and approvals for the local plan prior to its submission to the State; v. Ensure that a workforce region is in compliance with the terms and conditions of this Grant, an approved local plan, executed Expenditure Authorization documents, written state policies, and Program Guidance Letters (PGLs) governing operation of the One-Stop Workforce Centers, and all other applicable federal and state requirements; vi. Meet additional performance standards set by the LWIB for the workforce region and develop and offer additional services to supplement those mandatory services required under the terms of this Grant; Refer to Exhibit H fur definitions of terms used herein. Page 1 of27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS vii. Conform to policy guidelines set by the LWIB for the efficient and effective operation of the One-Stop Workforce Center(s), and permit performance monitoring of its daily activities by the LWIB to supplement and enhance state monitoring activities; viii. Ensure that services are accessible to persons with disabilities and take into consideration factors such as location, availability of public transportation to and from center locations, appropriate methods of service delivery, etc.; ix. Ensure that a full range of services is available for special populations such as youth, migrant and seasonal farm workers, veterans, persons with disabilities, older workers, limited English proficient workers, and minorities; and ensures that veterans priority of service is provided in the delivery of all Federal programs; x. Use best efforts to ensure the development and execution of a Memorandum of Understanding (MOU) between the LWIB and the One-Stop Partners, concerning the delivery of required programs and activities referred to in §121(b) of the Workforce Investment Act and pursuant to the MOU requirements referred to in §121(e) of the WIA; xi. Comply with the State's property management procedures and all relevant Program Guidance Letters(PGLs) issued by the State. Grantee ensures that it shall maintain proper inventory control over all nonexpendable supplies and property valued at $5,000 or greater, which were purchased with WIA funds; xii. Assure that any personnel action taken in the case of any county employee funded in whole or part with Wagner-Peyser funds, including discipline or dismissal, shall be based solely on performance or misconduct pursuant to the merit staffing requirements outlined herein. All such employees shall be provided with a meaningful review process including an opportunity for a hearing before an appropriate county agency in which to contest the action and a subsequent opportunity to appeal an adverse decision; and xi ii. Ensure that language assistance services are made available to individuals with English language barriers. B. Transfer of Employment Service Operations to the State State or Grantee may elect to terminate Grantee's delivery of Wagner-Peyser services under this Grant beyond the current program year or beyond a June 30th ending date within the term of this Grant. The party electing termination agrees to provide the other party sixty(60) days notice of termination in accordance with the Notice Procedure of this Grant. In the event of termination,the State may initiate an amendment to this Grant to terminate any Expenditure Authorizations covering Wagner-Peyser Employment Service grants or Wagner-Peyser discretionary grants, on June 30th or as applicable, and to provide a sixty(60)day period for Grantee to close out these applicable grants under this Grant. Nothing in this provision eliminates the State's right to terminate this Grant pursuant to any provision in §14 "Breach". C. Funding Funds appropriated for the Adult, Youth, Dislocated Worker, and Wagner Peyser formula allocated programs are provided pursuant to an approved Local Plan (Exhibit B), requiring that services be provided as part of a One-Stop delivery system established by the State. In addition to the funds provided for the basic activities identified in this Grant,the State may provide additional funds to Grantee for the purposes of amendments and modifications of allocated funds, performance incentives, services to groups with special needs, and other workforce development programs. Funds appropriated for WIA and/or Wagner Peyser discretionary grants, and/or other State- or Federally-funded discretionary grants are provided pursuant to an executed Expenditure Authorization document. D. Restrictions on Funding In conjunction with restrictions noted below, funds which are not expended by Grantee within the period of performance identified in the Notice of Fund Availability (NFA) letter shall be returned to the State. Funds so returned may be reallocated by the State to the workforce regions for use in Page 2 of 27 CMS#12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS the next program year(s). These restrictions apply to all funding provided to the Grantee under this Grant. E. Discretionary Funds For discretionary funds awarded as a result of a Grant Application Process or other vendor selection process,the Grantee agrees to deliver services pursuant to the scope of work, performance measures, and program budget, outlined in the approved proposal. Grantee agrees to adhere to any other specific requirements for the use of discretionary funds as identified in the "Grant Application", the vendor selection announcement, and/or any applicable Program Guidance Letters (PGLs). F. Supplemental Federal and/or State Funding. In the event that the State is granted supplemental federal and/or state funding for the purpose of implementing additional workforce development programs and/or workforce development-related projects or in support of similar activities, and Grantee agrees to deliver services or perform work related to such programs, projects, and/or activities, the State may make those funds available under this Grant. Workforce development-related programs, projects, and similar activities may include federally funded programs of other State departments or special federal discretionary grants received by the State (e.g. the Colorado Department of Human Services Temporary Aid to Needy Families (TANF)Program; the Disability Navigator Program Grant(DNP); Vocational Rehabilitation programs; the Trade Adjustment Act(TAA) Program; National Emergency Grants; Ex-Offender initiatives; veterans employment and training programs; and, Energy, Healthcare, or other Federal High-Growth Industries Initiatives, etc.). Funding may be provided in support of overhead, operating, and/or program costs related to these programs and/or other Employment and training activities. The State shall issue an NFA letter, which includes specific funding provisions applicable to the specified funds, and Grantee shall submit an Expenditure Authorization document that includes a detailed work plan and financial budget for those funds. Any such funding provided by the State to Grantee shall be accounted for and reported on pursuant to requirements of this Grant. Performance outcomes and program reporting related to such funding shall comply with the provisions of this Grant and any federal and state laws, rules, regulations, and policies, as applicable. Grantee shall be responsible for maintaining compliance with any such applicable federal and state laws, rules, regulations, and policies for each supplemental funding source provided under this Grant. G. Notice of Fund Availability Prior to the disbursement of any funds,the State shall send to Grantee a Notice of Fund Availability (NFA)providing Grantee with the allocations from each funding source covered by this Agreement. The NFA, incorporated herein as Exhibit 1, Notice of Fund Availability letter, will provide the original allocations, any increases and/or decreases in funding, and a total amount of funds available from each funding source. Once Grantee has received this Notice of Fund Availability, an Expenditure Authorization commitment document(EA) must be submitted pursuant to the current Expenditure Authorization (EA) Program Guidance Letter and §1.2A below. 1.2. GRANTEE PAYMENTS AND ADMINISTRATIVE STANDARDS AND PROCEDURES A. Expenditure Authorization (EA)Procedures Page 3 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS The following outlines the procedures to follow for using an EA commitment document within the terms and conditions of this Grant. The EA commitment document is attached herein as Exhibit C. i. Prior to the expenditure of any funds, an EA commitment document must be submitted to the State by Grantee and approved by the State, pursuant to this Grant and applicable PGL's. Each EA must be fully completed and include a budget narrative, appropriate Budget Information Summary Tables (BISTs), and a signature page signed by the Chair of the LWIB, the Chief Elected Official (CEO), the Workforce Center Director,the State's Executive Director or designee, and the State Controller or designee. For EA's of less than One Hundred Thousand Dollars($100,000), only the Workforce Center Director and the Chair of the LWIB are required to sign the EA subject to the CEO's authorization. The State's Executive Director and the State Controller or designee must also sign these EA's. ii. Grantee shall comply with its own internal signature process. Should Grantee's internal signature process be more restrictive than this provision, Grantee's internal signature process will prevail. iii. Each EA commitment document is expressly made subject to approval by the State and the State Controller or designee, and once executed, becomes an amendment to this Grant. The EA commitment document is not valid until it has been approved by the State Controller or designee. Upon proper execution and approval of the EA, Grantee may begin work related to the EA request. In no way shall the period of performance under an EA commitment document exceed the term end date of this Grant. iv. Grantee may receive reimbursements for expenditures pursuant to State laws and regulations and Policy Guidance Letter(s)covering the EA process. Once the EA has been fully executed, Grantee may submit a Cash Request to the State to draw down funds using the Cash Request Form as identified by the State. Cash draw down requests shall be submitted to the State, at least monthly and may be submitted as frequently as weekly, pursuant to the procedures outlined in the Expenditure Authorization PGL. v. Grantee may include the above EA provisions in its subcontracts. Upon approval by the State of Grantee's EA policy and procedures for its subcontractors, the State shall be deemed to be a third party beneficiary of such provisions. Grantee shall be obligated to the State for the enforcement of such provisions. B. Modification Procedures for an EA i. Grantee may modify the EA and its budget in accordance with State policies and procedures with the prior approval of both the LWIB and the State. ii. Each modifying EA commitment document is expressly made subject to approval by the State and the State Controller or designee, and once executed, becomes an amendment to this Agreement. Upon proper execution and approval of the EA, Grantee may begin work related to the EA request. If changes in labor market conditions, funding, or other factors require substantial deviation from an approved plan,then the LWIB and appropriate CEO(s), as defined in §117 of the WIA, shall submit a modification of such plan including modification of the budget, which shall be subject to review in accordance with the WIA, §1 l 8. C. Maintenance of Funds in Appropriate Financial Institutions Grantee, and its subcontractors, if any, shall maintain all funds received but not yet earned in cash depositories which have Federal Deposit Insurance Corporation (FDIC) insurance coverage. If Grantee and its subcontractor, if any, is a unit of state or local government, and their account balances exceed the FDIC maximum coverage on deposits at any one financial institution,then Page 4 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS all funds in excess of that insurance coverage shall be collaterally secured in accordance with the Public Deposit Protection Act(PDPA) in C.R.S. §11-10.5-107(5). If Grantee, and its subcontractor, if any, are not a unit of state or local government,then all funds in excess of the FDIC maximum insurance coverage must be moved to other FDIC financial institutions until funds in excess of the FDIC maximum insurance coverage no longer exist. D. Maintenance of Integrity in the Expenditure of Public Funds Grantee shall take every reasonable course of action to maintain the integrity of the expenditure of public funds and to avoid any favoritism, conflict of interest, or other questionable or improper conduct. Grantee shall administer this Grant in an impartial manner, free from personal, financial, political, or other questionable or improper gain or motive. In administering this Grant, Grantee, its executive staff, and employees, shall avoid situations which give rise to a suggestion that any decision of Grantee was influenced by prejudice, bias, special interest, or personal gain. F. Grantee Funds Notwithstanding any other provision herein,the terms of this Grant do not require the expenditure of any Grantee funds. Grantee is only required to expend funds under this Grant to the extent federal and state funds are provided to Grantee by the State. G. Performance Standards Grantee, shall comply with all minimum performance criteria negotiated with the State. Upon request by the State, Grantee shall provide such data as the State may request for purposes of evaluating Grantee's compliance with those minimum performance requirements. Each LWIB has the discretion to add additional local standards to the State's minimum performance standards so long as those local standards are not inconsistent with federal or state law,this Grant, or written policies established by the State. Grantee shall perform any necessary data collection and evaluation for such additional local standards. H. Subcontracting Grantee shall not subcontract the performance of any part of its duties which relate to the administration of funds under this Grant except in accordance with the terms of this Grant or with the prior written consent of the State approving the subcontractor. I. Conduct of Financial Accounting If the State determines that the record keeping system of Grantee does not comply with federal guidelines, then the State may conduct a financial accounting of Grantee's records, either through its staff, an accounting firm, or a bank approved by the State. All costs incurred by the State in conducting a financial accounting of Grantee's records shall be deducted on a monthly basis from other administrative funds allocated to Grantee. 1.3 ADDITIONAL REPORTING PROCEDURES Reports and analysis required under this section shall be in accordance with procedures and in such format as prescribed by the State. A. Reporting Compliance Grantee shall meet all applicable federal and state reporting requirements for each of the constituent workforce development programs funded through this Grant. Grantee shall refer to the Subrecipient Financial Procedures Policy Guidance Letter(PGL)for specific financial procedures and instructions. B. Expenditure Reports On a monthly basis, Grantee shall report expenditures to the State using the Expense Report Form provided by the State. Each month's reports are due to the State no later than the 25th of the month following. The State reserves the right to change the due date of this report to meet its State and/or federal reporting requirements. C. Obligation Reports Page 5 of 27 CMS#12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS On a monthly basis, and in conjunction with the requirements of§1.3.B, above, "Expenditure Reports", Grantee shall report obligations to the State, using the Expense and Obligation Report form provided by the State, for each of the WIA funds provided under this Grant. D. Leveraged Resources Reports On a quarterly basis, Grantee shall report costs of leveraged resources to the State using the Stand-In Costs/Leveraged Resources Report Form provided by the State. Leveraged Resources Reports are required for any non-formula allocated Federal grant funds received under this Grant (e.g. WIRED funds and any other federal discretionary funding, as applicable). These reports are due no later than the 25th of the month following the end of each quarter. E. Contract Close Out Grantee shall follow applicable Contract Close-out Procedures identified in the Subrecipient Financial Procedures Policy Guidance Letter. For each funding source under this Grant, and pursuant to a fully executed EA commitment document, Grantee shall submit a final Expenditure Report and Cash Request to the State within 60 days after each specific grant ending date. 1.4 DATA MANAGEMENT AND RECORD MAINTENANCE A. Data Access and Automation Requirements The Grantee agrees to 1)maintain computer equipment to ensure connectivity with the One-Stop automation system; and 2)adhere to the requirements set forth in applicable Program Guidance Letters issued by the State. B. Retention of Applicant,Eligible Applicant,Participant,Terminee, Employee and Applicant for Employment Records Grantee and its subcontractors, if any, shall retain, for a minimum period of not less than three years from the close of the applicable program year, applicant, eligible applicant, participant, tenninee, employee and applicant for employment records. C. Participant Records Participant Records shall record any participant's involvement in Workforce Development Programs including, but not limited to, dates of entry, eligibility, participation, and termination. When required by specific Workforce Development Programs, Grantee shall use a reference code, provided by the State, for the purpose of tracking program participants and fulfilling program reporting requirements. D. Retention of Complaint Records Grantee, and its subcontractor(s), if any, shall retain, for a minimum period of not less than three years from the date of resolution, all records regarding program complaints and all actions taken to resolve such complaints. E. Automatic Extension of Retention Period If pending litigation, an audit, or a claim involving a Grant or agreement covered by the records referred to above is initiated prior to the end of the above-referenced retention periods,then such retention periods automatically renew for an additional period of three years or until such litigation, audit, or claim is finally resolved. 1.5. PATENT RIGHTS If any invention, improvement, or discovery of Grantee, or any of its third party Grantees, is conceived or first actually reduced to practice during the term or course of this Grant, and if such is patentable,then Grantee shall immediately notify the State in writing of such invention, improvement, or discovery and provide the State with a complete written report on that invention, improvement, or discovery. The rights and responsibilities of the Grantee, subcontractors of Grantee, and the State with respect to such invention, improvement, or discovery shall be determined Page 6 of 27 CMS/I 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS in accordance with all applicable federal laws, regulations, policies or waivers thereof. Grantee shall include the requirements of this paragraph in its subcontracts, if any, for the performance of work under this Grant. 1.6. RIGHTS IN DATA, DOCUMENTS, COMPUTER SOFTWARE,AND COPYRIGHT A. Except for its own internal use, and as such disclosures may be required by the Colorado Public Records Act, Article 72 of Title 24, C.R.S., Grantee shall not publish or reproduce any data or other information, however contained, in whole or in part, which is recorded in any form or medium whatsoever and which is delivered or specified to be delivered under this Grant. Nor may Grantee authorize or permit others to do so, without the prior, express, written consent of the federal government,through the State, until such time as the federal government may have released such data or other information to the public. B. The federal government reserves a paid-up, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal purposes: i)the copyright in all products developed under the Grant, including a subgrant or contract under the Grant or sub-grant; and ii)any rights of copyright to which Grantee, sub-grantee or a contractor purchases ownership under an award (including but not limited to curricula, training models, technical assistance products, and any related materials). Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise. Federal funds may not be used to pay any royalty or licensing fee associated with such copyrighted material, although they may be used to pay costs for obtaining a copy which is limited to the developer/seller costs of copying and shipping. If revenues are generated through selling products developed with Grant funds, including intellectual property, these revenues are program income. Program income is added to the grant and must be expended for allowable grant • activities. C. Any software, research, reports, studies, data, photographs, negatives or other documents, drawings, models, materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof. The State's exclusive rights in such Work Product shall include,but not be limited to,the right to copy, publish, display, transfer, and prepare derivative works. Grantee shall comply with the copyright requirements of 29 CFR 97.34. Grantee shall give notice of these rights in data and copyright requirements in all its subcontracts and vendor agreements. D. Acknowledgement for Products developed in whole or in part with WIA Grant funds: If applicable, the following needs to be identified on all products developed in whole or in part with WIA Grant funds: "This workforce solution was funded by a grant awarded by the United States Department of Labor's Employment and Training Administration. The solution was created by the Grantee and does not necessarily reflect the official position of the US. Department of Labor. The U.S. Department of Labor makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability or ownership. This solution is copyrighted by the institution that created it. Internal use by an organization and/or personal use by an individual Page 7 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS for non-commercial purposes is permissible. All other uses require the prior authorization of the copyright owner. 1.7 PATENT, COPYRIGHT AND TRADEMARK LAWS The Grantee, its subcontractors, the State, and the workforce regions, are expressly prohibited from the exclusivity protections under federal and state patent, copyright, and trademark law on material that has been developed with the use of federal or state funds. All such material is considered by the State to be in the public domain. 1.8 ASSURANCES A. Compliance with Federal Law In addition to Exhibit J, Standard Assurances,Grantee assures and certifies that in administering programs under this Grant, it will fully comply with the Workforce Investment Act of 1998, the Wagner-Peyser Act of 1933, the Jobs for Veterans Act of 2002, all regulations promulgated thereunder, and all other applicable laws executive orders, regulations, and policies, including, but not limited to,those listed below: i. For all grants, and subcontracts in excess of One Hundred Thousand Dollars($100,000); or where the grant officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed One Hundred Thousand Dollars ($100,000); or, if a facility proposed for use by Grantee has been the subject of a conviction under the Clean Air Act(42 U.S.C. 1857-8)(c)(1)or the Federal Water Pollution Control Act(33 U.S.C. 1319 [C]) and is listed by the Environmental Protection Agency(EPA) or is not otherwise exempt, Grantee assures that: 1) No facility to be utilized in the performance of this Grant has been listed on the EPA list of Violating Facilities; 2) It will notify the Workforce region's Administrator, prior to any award, of the receipt of any communication from the Directors, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for this Agreement is under consideration to be listed on the EPA list of Violating Facilities; and 3) It will include this assurance, including this third part, in every non-exempt subgrant, agreement or subcontract. ii. All applicable provisions of Child Labor laws iii. All applicable provisions of safety standards of the Occupational Safety and Health Act (OSHA). iv. All applicable provisions of Part C of Title IV of the Social Security Act. v. All applicable provisions of the Military Selective Services Act. vi. All applicable provisions of§665,Title 18, United States Code, (Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations). vii. All applicable provisions of the Fair Labor Standards Act of 1938. viii. §§18-8-401 through 408, C.R.S., as amended, (Abuse of Public Office). ix. All applicable provisions of the Uniform Administrative Requirements and Cost Principles for Grants and Agreements as promulgated in the Federal Common Rule, including but not limited to, OMB Circular A-21, A-87, A-102, A-I 10 and A-122, and 48 CFR Part 31. x. Grantee shall ensure that it, and its subcontractors, if any, will comply with all provisions of the Single Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133. If Grantee expends $500,000 or more of federal awards in the Grantee's fiscal year,then Grantee shall submit an audit report, made in accordance with the Single Audit Page 8 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS Act Amendments of 1996(Public Law 104-156), OMB Circular A-133, and the applicable Audit PGL's, to the State within the earlier of thirty(30)calendar days after receipt of the auditor's report or nine (9) months after the end of the period audited. Grantee shall establish an audit committee that engages an independent auditor, determines the services to be performed, reviews the progress of the audit and the final audit findings, and intervenes in any disputes between management and the independent auditors. Grantee shall also institute policy and procedures for its subcontractors that comply with these audit provisions. xi. Veterans Priority of Services. As a condition of the award of financial assistance from the U.S.D.O.L.,the Grantee shall, with the respect to the operations of designated Workforce Development Programs and activities and all subordinate agreements or arrangements to carry out Workforce Development Programs and activities, comply fully with United States Code 38, Chapters 41 and 42, 20 CFR 1001.120, 20 CFR 1010, Public Law 107-288 Jobs for Veterans Act of 2002, and the Wagner-Peyser Act of 1933. xii. Salary and Bonus Limitations. Grantee shall comply with Public Law 109-234 requiring that none of the funds appropriated in Public Law 109-149 or prior Acts under the heading "Employment and Training" that are available for expenditures on or after June 15, 2006, shall be used by Grantee or subrecipient of such funds to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the Federal Executive Level II, except as provided for under §101 of Public Law 109-149. This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A-133. Grantee shall refer to and comply with the United States Department of Labor's Training and Employment Guidance Letter Number 05-06 for Implementing the Salary and Bonus Limitations of Public Law 109-234. xiii. Federal Executive Order 13166 published August 11,2000 for "Improving access to services for persons with limited English proficiency(LEP)" (65 FR 50121); United States Department of Labor regulations 29 CFR 31 requiring that all recipients of federal financial assistance provide meaningful access to LEP persons; and,United State Department of Labor, Employment and Training Administration Guidance Letter Number 26-02, addressing the development and implementation of a language assistance plan and providing guidance for complying with the Executive Order 13166 and Title VI, §601, of the Civil Rights Act of 1964. xiv. Buy American Notice Requirement. To the greatest extent practicable, all equipment and products purchased with funds made available under the Workforce Investment Act shall be American made. See WIA §505 Buy American Requirements. B. Compliance with State Law Grantee assures that it shall comply with all State laws,regulations, policies and directives, including Program Guidance Letters. C. Safeguard against Fraud Grantee shall administer its Workforce Development Programs in full compliance with all safeguards against fraud and abuse as set forth in Federal and State regulations. D. Adherence to Grievance Procedure Pursuant to the requirements of each funding source, Grantee shall follow all applicable federal regulations governing the resolution of grievances and complaints, including those grievances and complaints based on discrimination. Grantee shall follow all pertinent Program Guidance Letters issued by the State concerning grievance procedures. Page 9 of 27 CMS#12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 1.9. CERTIFICATIONS2. By signing this contract, Grantee agrees to provide, comply with, and, if applicable, execute the certifications set forth in the following Exhibits D through G, and J, incorporated herein by reference and attached hereto: Exhibit D Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction Exhibit E Certification of Compliance with the Requirements of the Federal Drug- Free Workplace Act of 1988 Exhibit F Certification Regarding Lobbying Exhibit G Tobacco Free Certification Exhibit.1 Standard Assurances PART 2—FUNDING PROVISIONS The following requirements shall apply to all WIA funds provided to Grantee pursuant to Workforce Investment Act of 1998, Title I,20 CFR Part 652 et al., effective August 7, 1998, as well as to any other funding, as applicable, provided to Grantee under this Grant. 2.1 Program Guidance Letters: Grantee agrees to adhere to the requirements of relevant Program Guidance Letters in addition to the specifications outlined below for each funding source and Workforce Development Program. 2.2 Performance Measures: Pursuant to §136 of the WIA, Grantee is accountable for the core indicators of performance outlined in the approved local plan. 2.3 Annual Report: In accordance with §136(d) of the WIA, within thirty(30) days of the end of each Program Year, or by a later date as determined by federal reporting requirements or as identified in applicable Program Guidance Letters, Grantee shall provide to the State an Annual Report summarizing the progress of the Local Workforce Region in achieving its performance measures and customer satisfaction goals. Grantee shall provide, at minimum, a narrative that: 1)describes the number of individuals served under each program, the services provided, and the challenges met in the successful delivery of those services; 2) identifies notable accomplishments of local employment and training programs; and 3) highlights "best practices" applied in local workforce investment activities. Grantee shall also provide any supplemental information as required by applicable Program Guidance Letters. 2.4 Prohibition on Use of Funds: Pursuant to §181(d) and (e)of the WIA, funds provided under this Grant shall not be used, or proposed for use: a. To encourage or induce the relocation of a business establishment, or part thereof, that results in a loss of employment for any employee of such establishment at the original location; 'if the Grantee is unable to certify to any of the statements in this section of the Grant,then the Grantee shall attach an explanation to this Grant explaining why the Grantee cannot provide or otherwise comply with a given certification. Page 10 of 27 CMS#12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS b. For customized training, skill training, on-the-job training, or company specific assessments of job applicants or employees, for any business establishment, or any part thereof,that has relocated, until one hundred twenty (120) calendar days after the date on which such establishment commences operations at the new location, if the relocation of such business establishment, or any part thereof, results in the loss of employment for any employee of such establishment at the original location; c. For employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities; and d. For foreign travel. 2.5 Grievance Procedures: Grantee agrees to establish and maintain a procedure for grievances and complaints from participants and other interested parties affected by the local One-Stop delivery system according to the requirements of 20 CFR 667 Subpart F, Grievance Procedures, Complaints, and State Appeals Processes. Pursuant to Section 4.4 of the Grant, Grantee shall follow all pertinent Program Guidance Letters issued by the State concerning grievance procedures. 2.6 Veterans Priority Provisions of the "Jobs for Veterans Act" (Public Law#107-288). The Jobs for Veterans Act(§2(a) of the Act 38 United States Code 4215(a)), creates a priority of service requirement for veterans (and some spouses) who are eligible to receive services under designated United States Department of Labor funded workforce development and training programs. Therefore, for all designated workforce development programs funded through this Grant with federal funds, Grantee shall adhere to federal laws and guidance related to veterans' priority of service. At minimum, Grantee agrees to abide by federal and state policy, incorporate those policies into local policy, and develop-service delivery strategies for providing priority of services for veterans (and some spouses). 2.7 Minimum Expenditure Rate for Workforce Investment Act Title I Adult,Youth, and Dislocated Worker Programs. Grantee shall achieve a minimum of a 70% expenditure rate(combining new and carry-in funds) for each Workforce Investment Act(WIA)funding stream available during the program year to avoid potential rescission of funds by the United States Department of Labor or the State. 2.8 Use of e-Colorado.org. Grantee shall make available e-colorado.org marketing materials provided by the State (e.g. brochures, flyers, e-colorado.org registration instructions, etc.) and encourage enrolled customers to register with e-colorado.org to expand their access to workforce development information, resources, and professional development tools, such as: tutoring services to enhance their learning process, self-evaluation tools, talent screening and self-assessment tools, and professional development tools (e.g., the ePortfolio package). Grantee shall coordinate and provide training to staff in the use of e-colorado.org and encourage staff to use the ePortfolio tool available on e-colorado.orgto help set up ePortfolios for W1A enrolled participants. 2.9 Quarterly Reporting of Discretionary Grant or Set-Aside Projects: In accordance with §667.300 of the Federal Register, and/or as identified in applicable State Program Guidance Letters,within thirty (30)days of the end of each quarter, Grantee shall provide to the State a quarterly report summarizing the progress of any discretionary grant and/or set-aside projects currently in operation. At a minimum, the quarterly report shall include: 1) identified performance measures data; 2) Page 11 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS identified planned goals and services specific to the grant project; 3) current and projected quarterly financial expenditures; 4)challenges met during the delivery of the grant project as it relates to the scope of work; 5) highlights of"best practices" applied in local workforce investment activities; 6) notable accomplishments of the grant project; and, 7) additional information that is specific to the individual grant project. Grantee shall also provide any supplemental information as required by applicable Program Guidance Letters. PART 3 -PROGRAM REQUIREMENTS A. WAGNER-PEYSER(90%) - EMPLOYMENT SERVICES 3.1 Statutory Reference: Wagner-Peyser Act of 1933, as amended by Public Law 97-300 Job Training Partnership Act(JTPA), effective October 1, 1983; as amended by Public Law 105-220 Workforce Investment Act of 1998, effective August 7, 1998; and C.R.S. Title 8,Article 71, §§101 and 106. 3.2 Purpose of Funding: The purpose of Wagner-Peyser funds is to provide statewide labor exchange services that include self-service, facilitated self-help services, and staff-assisted services for job seekers and employers. Services provided shall include access through the Internet and pc-based software to databases and websites, such as, America's Job Bank, Talent Bank, and Learning Exchange, where job orders and resumes can be posted and job matches can be made. Staff-assisted services for job seekers shall include one-on-one or group activities such as job search workshops, assessment, vocational guidance, aptitude testing, labor market information,job referrals, and referrals to supportive services or training. Staff-assisted services for employers shall include job order taking,job matching, and recruitment and prescreening of job candidates. 3.3 Required Program Elements: a. Grantee shall make available through the One-Stop delivery system all labor exchange services identified above in Part II, A "Purpose of Funding". b. Grantee receiving Wagner-Peyser Funds shall provide veterans with priority employment and training services in accordance with United States Code Title 38, Chapters 41 and 42, 20 CFR 1001.120,and 20 CFR 1010. The following order of priority shall be observed: 1. Special disabled veterans 2. Vietnam-era veterans 3. Disabled veterans other than special disabled veterans 4. All other veterans and eligible covered persons 5. Non-veterans All job orders processed through Connecting Colorado with staff assistance must have veterans' priority of service applied. Staff will apply veterans' priority of service by using the Connecting Colorado automated file search and the Integrated Voice Response(1VR) system or manual telephone call referrals when necessary. Job orders taken by workforce center staff shall be placed on hold when entered into Connecting Colorado until an automated veterans' file search and referral to the IVR has been performed. Any staff person working with job orders shall ensure that veterans' priority of service has been applied to all job orders. If no qualified veterans are found,the job order may be released for general referrals. Page 12 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS c. Migrant and seasonal farm workers shall be provided the full range of services offered to the general public. d. Grantee shall not charge a fee for any Wagner-Peyser funded activity. e. Grantee shall provide labor exchange services pursuant to the Wagner-Peyser Act Section 7(a) List of Allowable Activities. The following activities are not allowable: 1. Job seekers cannot be referred to a for-profit employment agency that will charge them a fee for job placement; 2. Job seekers cannot be referred to job orders for a position that is vacant because of a strike or labor dispute, or to a position where the incumbent worker is covering the position of a striking employee; 3. Job orders which are discriminatory or pay less than minimum wage shall not be accepted. f. Grantee shall register any Unemployment Insurance claimants for work and notify the State Unemployment Insurance office of any Unemployment Insurance claimants who are not able and not available to work or who refuse either a suitable job referral or a suitable job offer. g. Grantee shall make a Wagner-Peyser staff person available during regular office hours to take complaints pursuant to the Job Service Complaint System (20 CFR 658.400 ff) and to explain operation of the complaint system. h. Grantee shall discontinue services to any employer who has been determined by the State to be in violation of the provisions of the Wagner-Peyser Act and regulations (20 CFR 658.500 ff). Grantee shall use Wagner-Peyser funds to provide services to clients who are eligible under the Trade Adjustment Assistance (TAA) Program. Wagner-Peyser funded staff, which includes Grantee's regional TAA representative, (or WIA Dislocated Worker funded staff when the individual recipient is co-enrolled) are required to provide on-going core and intensive services to clients who are TAA-eligible or to clients who are enrolled in and receiving benefits and reemployment services through the TAA program. j. Grantee shall submit a local plan for labor exchange services that includes projected performance levels for the following labor exchange performance measures: 1. Entered Employment Rate; 2. Job Retention at six(6) Months; and 3. Six Months Earning Increase. Grantee shall work with the State to adjust performance measures, as needed, based on any Federal or State mandated legislative or policy changes that occur during the grant funding period. 3.4 Roles and Responsibilities of the State: The State shall: a. Establish planning guidelines, including "statement of work" requirements, and disseminate these items to a workforce region along with the estimated annual budget allocation for the upcoming program year; b. Review a plan, submitted by a workforce region that has first been submitted to the Colorado Workforce Development Council (CWDC) for policy review. After the State's review of the plan, the State shall simultaneously submit the plan, with its recommendations for approval or disapproval, to the governor for final approval and, its recommendations to the CWDC; c. Allocate funds for Wagner-Peyser administration and service delivery to a workforce region after final approval of a plan; Page 13 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS d. Monitor workforce region activities on a quarterly basis for compliance with all applicable federal and state requirements, and evaluate the workforce region's performance of the following Wagner Peyser Performance Measures: 1. Entered Employment Rate; 2. Job Retention at six(6)Months; and 3. Six Months Earning Increase. Document quarterly expenditure rates and performance measures in a quarterly monitoring report and submit the report to Grantee. Additionally, the State shall complete a summative annual compliance review and report at the end of each Program Year and submit the report to Grantee. The State shall work with Grantee to adjust performance measures, as needed, based on any Federal or State mandated legislative or policy changes that occur during the grant funding period, and the State shall monitor and evaluate any such adjustments made. e. Provide technical assistance to the workforce region, including training recommendations, upon request or, on an as-needed basis. 3.5 State Personnel. a. State Allocation. The State will provide the current program year allocation via a Notice of Fund Availability Letter, a format for which is presented as Exhibit 1. b. Retention of State Employee(s). Except as provided in subsection c, below, the staff identified and funded by this allocation shall be retained for the duration of this Grant or until the position(s) is vacated through attrition. c. Merit Staffing Requirements. Grantee shall comply with all applicable Federal laws regarding merit staffing requirements including, but not limited to, the Wagner-Peyser Act of 1933, 29 U.S.C. 49, et seq., as amended, the Intergovernmental Personnel Program, Chapter 62 of Title 42, U.S.C., as amended, and all associated rules, regulations and policies, as amended. These staffing requirements consist of, but are not limited to: 1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge and skills, including open consideration of qualified applicants for initial appointment; 2) providing equitable and adequate compensation; 3) training employees, as needed, to assure high-quality performance; 4) retraining employees on the basis of the adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; 5) assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, or religious creed and with proper regard for their privacy and constitutional rights as citizens; and 6) assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office. That federal financial and technical assistance to state and local governments for strengthening their personnel administration is in a manner consistent with these principles and in the national interest. d. Moving Expenses of Affected State Employees. If a workforce region elects to move a State employee to a new office location within that workforce region,then Grantee shall pay all Page 14 of 27 CMS#12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS allowable expenses identified in C.R.S. § 24-50-134, C.R.S., as amended. Costs for all moves or relocations of State employees shall be the responsibility of the workforce region initiating the move or relocation. e. Retention of Independent Payrolls. Current State employees, who, after the transition to the One- Stop delivery system are under the day-to-day functional operational supervision of Grantee, shall remain on the State's payroll system. The State shall invoice Grantee in a given workforce region on a monthly basis for the costs associated with these State employees. The State reserves the right to deduct such charges from payments due to Grantee. Functional Management of State Employees by Grantee. 1. GENERAL. Except as otherwise provided in this Agreement, Grantee may provide day- to-day functional operational supervision to state employees, including the setting of work hours and program responsibilities, with the exception of the roles and responsibilities of the Colorado Veterans Employment and Training Programs staff which are set in federal policy. In any event,the State retains authority over all actions which may affect the current base pay, status, or tenure of classified state employees. The State retains the sole discretion to determine which State employees shall occupy State positions throughout the State. Unless otherwise specified in writing by the State, all State employee positions shall be treated as nonexempt under the Fair Labor Standards Act. 2. PERFORMANCE EVALUATIONS. The State in conjunction with Grantee will complete performance evaluations of State employees following the State's personnel laws and regulations, and according to both the criteria set by the State and, upon advanced written approval by the State, additional criteria set by Grantee. 3. GRIEVANCES. The State shall fulfill the duties and responsibilities using the classified personnel system grievance process in the initial meeting. The State shall conduct appropriate investigation(s), conduct the initial meeting, and furnish suitable information to Grantee supervisors and management. The State shall retain the responsibility for all actions on grievances after the initial meeting. 4. CORRECTIVE ACTIONS. The State in conjunction with Grantee will determine and implement any necessary corrective actions in accordance with the procedures in the state classified personnel system provided that any grievances as a result of corrective action follow the procedures identified in paragraph 3 above. 5. DISCIPLINARY ACTIONS. The State retains the sole right to terminate, demote, and suspend its employees for disciplinary reasons. Grantee will cooperate and provide information deemed necessary by the State in conjunction with proposed disciplinary actions. 6. POSTED NOTICES. Grantee shall post in conspicuous places all notices required by state law for state classified employees. The State shall supply necessary copies of such notices at the State's expense. Page 15 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 7. COOPERATION. Grantee shall cooperate fully with the State in any investigations, appeals, grievances, or other personnel matters, including, without limitation, those pertaining to allegations of unlawful discrimination. g. Reduction in Numbers of State Employees. 1. If funding cuts result in the initiation of a lay off action by the State, then Grantee shall make equitable adjustments in program services, as allowed by the program requirements of the funding source,to permit continued operation to the greatest extent possible with remaining State and Grantee resources. 2. In the case of reductions of State FTE allocations due to attrition, the funds remaining for the fiscal year for those positions shall be transferred to Grantee and those funds may be used for Grantee employee positions. 3. In the event that State Veteran FTE vacancies occur in County-operated workforce regions,the State may transfer State employees, voluntarily or administratively,to fill such vacancies. The selection of personnel to fill such vacancies shall be at the sole discretion of the State. 4. In the event that non-Veteran State FTE vacancies occur in County-operated workforce regions, the County shall have the first option to fill such vacancies. However, in the event the County is not providing services as required under this Grant,the State may transfer State employees, voluntarily or administratively, to fill such vacancies. h. Membership in Employee Organizations. Employees performing services under this Grant shall have the right of full freedom of association, self-organization, and designation of representatives of their own choice. Membership in an employee association or union cannot be required as a condition of employment under this Grant. No employee may be coerced into joining or not joining any type of organization against the wishes of that employee. Additionally, no employee may be contacted by a representative of any employee organization during working hours for the purpose of soliciting membership to that employee organization. With the prior consent of an employee's supervisor, which consent shall not be unreasonably withheld, representatives of an employee's choice may confer with an employee at that employee's job site during normal business hours concerning any matter incidental to that employee's employment relationship with the State or Grantee. The conference shall be conducted so as to avoid interference with other employees in the work unit. 3.6 Subcontracting: Wagner—Peyser Funded programs shall not be subcontracted out unless the programs are implemented under a Merit System as defined within §1.8 L of the Grant and provided by another governmental system. Grantee shall not subcontract the performance of any part of its duties which relate to the administration of funds under this Grant except in accordance with the terms of this Grant or with the prior written consent of the State approving the subcontractor. B. WAGNER-PEYSER(10%)-DISCRETIONARY FUNDS Page 16 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 3.1 Statutory Reference: Wagner-Peyser Act of 1933, as amended by Public Law 97-300 Job Training Partnership Act(JTPA), effective October 1, 1983; as amended by Public Law 105-220 Workforce Investment Act of 1998, effective August 7, 1998; and C.R.S. Title 8, Article 71, §§101 and 106. 3.2 Purpose of Funding: Wagner-Peyser 10% Discretionary funds are awarded by the Governor for the following purposes: a. Performance incentives for public employment service offices and programs; b. Services for groups with special needs; c. Services targeted at employers; d. Summer Job Hunt for Youth. The Governor's Summer Job Hunt Program provides funding for job placement services and employment opportunities to youth seeking unsubsidized jobs for the summer. Services shall be provided to youth, ages 16 through 21, regardless of geographic boundaries, income, ethnicity, and special needs. e. The extra costs of exemplary models for delivering basic labor exchange services; and f. Developing linkages of services funded by Wagner-Peyser and related Federal and State legislation such as the provision of labor exchange services at educational sites. Programs and services delivered using Wagner-Peyser 10% Discretionary funds shall be provided pursuant to the requirements of Part II, A Wagner-Peyser(90%) Employment Services, above. Wagner Peyser 10% Discretionary Funds may be provided to Grantee to supplement the funding of the State's Strategies to Enhance Colorado's Talent through Regional Solutions (SECTRS) Initiatives described in section G.1.3.(e) below. SECTRS Initiatives are industry-specific,regional partnerships, which address employers' needs for skilled workers and workers' needs for good jobs. Funds are available to plan, develop, and implement exemplary programs, perform labor market analysis and research, and support business-driven employment services identified in Grantee's approved grant application. 3.3 Required Program Elements: a. Grantee shall make labor exchange services available pursuant to the stated purpose of the 10% project for which they are receiving funds. b. Grantee shall provide veterans with priority employment and training services(as specified in Part II A above) should veterans be among the clients served by the project. c. Should migrant and seasonal farm workers be among the clients served,they shall be provided the full range of services provided to all other clients. d. Grantee shall not charge a fee for any Wagner-Peyser funded activity. e. Grantee agrees to provide labor exchange services pursuant to the Wagner-Peyser Act Section 7(a)List of Allowable Activities. The following activities are not allowable: 1. Job seekers shall not be referred to a for-profit employment agency that will charge them a fec for job placement; Page 17 of 27 CMS#12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 2. Job seekers shall not be referred to job orders for a position that is vacant because of a strike or labor dispute, or to a position where the incumbent worker is covering the position of a striking employee; 3. Job orders which are discriminatory or pay less than minimum wage shall not be accepted. f. Should Unemployment Insurance claimants be among the clients served, Grantee shall register any Unemployment Insurance claimants for work and notify the State Unemployment Insurance office of any Unemployment Insurance claimants who are not able and not available to work or who refuse either a suitable job referral or a suitable job offer. g. Grantee shall make a Wagner-Peyser staff person available during regular office hours to take complaints pursuant to the Job Service Complaint System (20 CFR 658.400 ff) and to explain operation of the complaint system. h. Grantee shall discontinue services to any employer who has been determined by the State to be in violation of the provisions of the Wagner-Peyser Act and regulations (20 CFR 658.500 ff). 3.4 Restrictions on Funding: Wagner-Peyser(10%) discretionary funds shall be used only for the stated purpose identified in an approved project proposal and/or for required program elements of a specific program as identified in these funding provisions. C. WIA TITLE I ADULT AND DISLOCATED WORKER 3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998. 3.2 Purpose of Funding: The purpose of the Adult and Dislocated Worker funds is to provide a continuum of services i.e. core services, intensive services, and training services, to adults 18 years of age and older and to dislocated workers eligible under the Workforce Investment Act(WIA) section 101(9). 3.3 Required Program Elements: a. Pursuant to §134 (d)(2) of the WIA, "Core services"are the minimum level of services that the Grantee shall provide free of charge to all customers, both job-seekers and employers, seeking services through the One-Stop system in a workforce region. At a minimum, core services provided by Grantee shall include the following: 1. Eligibility determinations for programs delivered under WIA; 2. Outreach, intake, and orientation to workforce center information and services; 3. Initial assessment of skill levels, aptitudes, and supportive service needs; 4. Job search and placement assistance; career counseling, if needed; 5. Provision of employment statistics and information relating to local, regional, and national labor market regions; 6. Provision of performance information and program cost information on eligible providers who are delivering employment training services under the WIA; 7. Provision of information regarding local region performance with regard to One-Stop delivery system performance measures; Page 18 of 27 CMS# 12069 Exhibit A PYI 0 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 8. Provision of accurate information relating to the availability of supportive services, including child care and transportation, available in the local region, and referral to such services; 9. Provision of information regarding filing claims for unemployment compensation; 10. Assistance in establishing eligibility for welfare-to-work activities and for other employment and training financial aid (not funded under the WIA)available in the local workforce region; and 11. Follow-up services for those participants in workforce investment activities who have received core services and who are placed in unsubsidized employment for not less than 12 months after the first day of the employment. b. Pursuant to §134(d)(3) of the WIA, "intensive services" are provided to eligible participants only after at least one core service has been provided and a determination of the need for intensive services has been established. Intensive services shall be provided through the One- Stop delivery system. Intensive services may include: 1. Comprehensive and specialized assessments of skill levels and service needs; 2. Development of an individual employment plan; 3. Group counseling; 4. Individual counseling and career planning; 5. Case management for participants seeking training services; 6. Short-term prevocational services to prepare individuals for unsubsidized employment or training. c. Except as provided in §134(d)(4)(G) and pursuant to §134(d)(4) of the WIA, "training services" shall be provided through eligible training providers to eligible participants via individual training accounts. Training services may include: 1. Occupational skills training, including training for nontraditional employment; 2. On-the-job training; 3. Programs that combine workplace training with related instruction, which may include cooperative education programs; 4. Training programs operated by the private sector; 5. Skill upgrading and retraining; 6. Entrepreneurial training; 7. Job readiness training; 8. Adult education and literacy activities provided in combination with services described in items a-g above; 9. Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training; 10. Incumbent worker training. 11. Costs of books, materials, supplies and/or training-related supportive services required and/or necessary to successfully complete a training program. 3.4 Restrictions on Funding: Pursuant to 20 CFR 667.107(6) for the Workforce Investment Act, funds allocated by the State to Grantee under the WIA §§128(b) and 133(b), for any program year are available for expenditure only during that program year and the succeeding program year. Those funds which are not expended by Grantee in the two-year period must be returned to the State. Funds so Page 19 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS returned may be redistributed by the State for other statewide projects or to regions who have fully expended their allocation of funds for the same program year within the two-year period. D. WIA TITLE I YOUTH 3.1 Statutory Reference: Workforce Investment Act of 1998,Title I, 20 CFR Part 652 et al., effective August 7, 1998. 3.2 Purpose of Funding: The purposes of Title I Youth Funds are to provide to eligible youth the following: a. Assistance in achieving academic and employment success by providing effective and comprehensive activities which will improve educational and skill competencies and enhance connections to employers; b. On-going mentoring opportunities for eligible youth with adults committed to providing such opportunities; c. Training services, support services, and incentives for recognition and achievement d. Opportunities of activities related to leadership, development, decision-making, citizenship, and community service. 3.3 Program Design Requirements: Pursuant to §129(c) of the WIA, programs and services provided by Title I Youth Funds shall include: a. Objective assessment of the academic skill levels, and service needs of each participant; b. Development of service strategies for each participant that shall identify an employment goal, appropriate achievement objectives, and appropriate services for the participant; and c. Provision of 1. Preparation for postsecondary educational opportunities in appropriate cases; 2. Strong linkages between academic and occupational learning; 3. Preparation for unsubsidized employment opportunities, in appropriate cases; and 4. Effective connections to intermediaries with strong links to the job market and local and regional employers. 3.4 Required Program Elements: Pursuant to §129(c)of the WIA, programs and services provided by Title I Youth Funds shall include the following elements: a. Tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies; b. Alternative secondary school services, as appropriate; c. Summer employment opportunities that are directly linked to academic and occupational learning; d. As appropriate, paid and unpaid work experiences, including internships and job shadowing; e. Occupational skill training, as appropriate; f, Leadership development opportunities, which may include community service and peer-centered activities encouraging responsibility and other positive social behaviors during non-school hours, as appropriate; g. Supportive services; h. Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12 months; Page 20 of 27 CMS#12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS Follow-up services for not less than 12 months after the completion of participation, as appropriate; and J. Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate. 3.5 Information and Referrals: Grantee shall provide to each participant or applicant who meets the minimum income criteria to be considered an eligible youth the following: a. Information on the full array of applicable or appropriate services that are available through the local workforce investment board or other eligible providers or One-Stop partners, including those receiving funds under Title I of WIA; and b. Referral to appropriate training and educational programs that have the capacity to serve the participant or applicant either on a sequential or concurrent basis. An eligible applicant who does not meet the enrollment requirements of a particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs, in accordance items A and B above, to meet the basic skills and training needs of the applicant. 3.6 Prohibition of Use of Title I Youth Funds: No funds provided pursuant to §§126 through 129 and §134(a) shall be used to develop or implement education curricula for school systems in Colorado. None of the Title I Youth funds provided herein shall be used to provide funding for the School-to-Work program. 3.7 Restrictions on Funding: Pursuant to 20 CFR 667.107(6)for the Workforce Investment Act, funds allocated by the State to Grantee under the WIA §§128(b)and 133(b), for any program year are available for expenditure only during that program year and the succeeding program year. Funds which are not expended by Grantee in the two-year period shall be returned to the State. Funds so returned shall be redistributed by the State for other statewide projects or to regions who have fully expended their allocation of funds for the same program year within the two-year period. E. WIA TITLE I(25%) Enhanced Dislocated Worker/Rapid Response 3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998; Workforce Investment Act of 1998, §§132 through 134. 3.2 Purpose of Funding: Enhanced Dislocated Worker/Rapid Response funds are disbursed to the grantee, pursuant to the WIA §132,to provide enhanced services to dislocated workers or to provide rapid response activities in the local region. These funds are allocated to the local workforce areas to address local needs and program preferences for dislocated workers pursuant to the WIA §§133 and 134. 3.3 Required Program Elements: a, Enhanced Dislocated Worker Services: These funds may provide additional dislocated worker services pursuant to the required program elements outlined in §C above. b. Rapid Response Activities shall include: 1. On-site contact with the employer, representatives of the affected workers, and the local community,to develop a layoff plan and schedule with the employer; to assess the Page 21 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS potential for averting the layoff; and to assess the assistance needs of and reemployment opportunities for the dislocated workers; 2. The provision of information and access to unemployment compensation benefits and comprehensive One-Stop delivery system services; 3. The provision of financial assistance and guidance to establish a labor-management committee to oversee the layoff and reemployment process; 4. The provision of emergency assistance adapted to the needs of the particular layoff; 5. A coordinated response to the dislocation event which may include linkages with federal, state, and local economic development activities; collaboration with local business associations, technical councils, and labor organizations, to address local dislocation events; and other activities which ensure the rapid access to a broad range of allowable assistance to dislocated workers. 3.4 Restrictions on Funding: Pursuant to 20 CFR 667.107(b)of the Workforce Investment Act, funds allocated by the State to the Grantee under the WIA §§128(b)and 133(b)for any program year are available for expenditure only during that program year and the succeeding program year. Funds which are not expended by the Grantee in the two-year period shall be returned to the State. Funds so returned shall be redistributed by the State for other statewide projects or to regions who have fully expended their allocation of funds for the same program year within the two-year period. Grantee shall determine how much of the allocation will be budgeted for Enhanced Dislocated Worker services and how much will be budgeted for Rapid Response activities. Up to 10% of the allocated Enhanced Dislocated Worker funds may be used for administration expenses. When these funds are awarded through a competitive process, administrative dollars are not allowed under the Grant. For funds budgeted for Rapid Response Activities, administrative dollars are not allowed under the Grant. F. WIA Title I(25%) Discretionary Grants - Statewide Innovative Projects 3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998; Workforce Investment Act of 1998, §§132 through 134. 3.2 Purpose of Funding: Pursuant to the Workforce Investment Act of 1998 §134,the Governor may reserve up to 25% of the Dislocated Worker funds for discretionary projects. These 25% Discretionary funds are provided to Grantee based on an approved grant proposal addressing the needs of employers or targeted populations. a. Employer Grants. Layoff aversion/incumbent worker projects target specific employers or industries that are experiencing a decline and have the potential to undergo layoffs, or are experiencing a serious skills gap that impacts their ability to compete and retain workers. These projects may include the following allowable activities: 1. Incumbent worker skills assessment and testing 2. Incumbent worker skills upgrade training, on-the-job training, or customized training to help prevent layoffs Page 22 of 27 CMS# 12069 Exhibit A PYI0 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 3. Linkages with economic development entities to facilitate identification of business sectors needing layoff aversion services and to develop coordinated intervention strategies 4. Pre-feasibility studies used to help businesses determine ways to avoid closure, qualify for loans, or access technical assistance that will avoid closure or layoffs 5. Direct linkages with federal and local organizations that provide technical assistance, loans, and grants to businesses to avoid layoffs and closures b. Targeted Populations Projects. These projects provide customized services to targeted populations, including but not limited to, older workers, those with limited English proficiency, the disabled, offenders, and those seeking non-traditional training. Targeted Populations Project activities may include any allowable WIA core, intensive, and training services. 3.3 Required Program Elements: Participants shall meet the applicable eligibility category for the specific project. Participants in Layoff Aversion/Incumbent Worker projects shall meet the following United States Department of Labor definition: INCUMBENT WORKERS-are currently-employed workers whose employers have determined that the workers require training in order to help keep their firms competitive and the subject workers employed, avert layoffs, upgrade workers'skills, increase wages earned by employees and/or keep workers'skills competitive. Such training would support further job retention and career development for improved economic se f sz ffIciency for employed workers, especially those most vulnerable to job loss, and increase the capability of the employing firm(s) to access and retain skilled workers. Participants in Targeted Populations Projects shall meet the requirements of the WIA Dislocated Worker Program described in paragraph C. above. 3.4 Restrictions on Funding: a. When these Discretionary Grants are awarded through a competitive process, administrative costs are not allowed. If these funds are provided to the Grantee through a dislocated worker formula, 10% of the grant amount may be used for administrative costs. b. Matching Funds. These Discretionary Projects require a 25% match of the grant amount. This match may be either cash or in-kind (e.g. staff time, office space, phones, supplies, etc.), and shall come from participating employers, partner agencies, or non-allocated grant funding available to the workforce region. If Grantee receives an Employer Grant, the match shall consist of at least half non-federal resources. If the Grantee receives a Targeted Populations Grant, the match shall consist of at least half from partners that are not among those required by WIA. If the Grantee has received a grant that combines services to both Employers and Targeted Populations, then at least half the match shall come from non-federal and/or non-WIA-required partners. G. WIA TITLE I(10%) STATEWIDE ACTIVITIES 3.1 Statutory Reference: Workforce Investment Act of 1998, §§128 through 136 Page 23 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS 3.2 Purpose of Funding: Pursuant to the Workforce Investment Act of 1998, §§128, 129, and 134, the Governor of a State shall reserve not more than fifteen per cent(15%) of each of the amounts allotted to the State under the WIA §§127 and 132 for a fiscal year for statewide workforce investment activities. These funds may be used to carry out statewide youth activities or statewide employment and training activities for adults and/or dislocated workers, pursuant to §§129 and 134. 3.3 Required Program Elements. a. Youth Discretionary Grants. Pursuant to the Workforce Investment Act of 1998, §§129 and 134, these funds are set aside for Statewide Youth Activities, providing a variety of options for improving educational and skill competencies and effective connections to employers. Statewide Youth Activities for eligible youth may include the following: 1. On-going mentoring opportunities with adults committed to providing such opportunities; 2. Employment training; 3. Support services (e.g. development of youth services website; career fairs; liaisons with employers, etc.); 4. Incentives for recognition and achievement to eligible youth; and 5. Activities related to leadership, development, decision-making, citizenship, and community service. b. Adult Discretionary Grants. Grantee may use these funds for allowable employment and training activities pursuant to WIA §134(a)(3). c. Performance Incentive Grants. The funds are provided to Grantee, pursuant to 20 CFR Part 666, for regional cooperation among local boards, for local coordination of activities, and for exemplary performance on the local performance measures, pursuant to WIA §136. Performance Incentive funds shall be used for any activities allowed under the Workforce Investment Act Title I, Subtitle B, "Statewide and Local Workforce investment Systems". d. Miscellaneous Statewide Activities Grants. These funds are set aside for employment and training activities for dislocated workers and/or activities that enhance workforce development Statewide. Grantee shall use these funds for allowable employment and training activities pursuant to WIA §I34(a)(3). e. Strategies to Enhance Colorado's Talent through Regional Solutions(SECTRS) Initiatives. These funds are set aside to support SECTRS Initiatives selected pursuant to a Solicitation for Grant Applications (SGA) and awarded to Grantee. SECTRS Initiatives are industry-specific, regional partnerships that address employers' needs for skilled workers and workers' needs for good jobs. Funds are available to plan, develop, and implement exemplary programs, perform labor market analysis and research, and support demonstration efforts in providing business-driven employment and training services delineated in an approved grant application. Grantee shall use these funds pursuant to WIA §134(a)(3). 3.4 Restrictions on Funding: Workforce Investment Act(10%) discretionary funds shall be used only for the stated purpose identified in an approved project proposal and/or for required program elements of a specific grant as identified in these funding provisions.Pursuant to WIA §§126 through 129 Page 24 of 27 • • CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS and §134(a), no WIA (10%) Statewide Activities funds shall be used to develop or implement education curricula for school systems in the State of Colorado. H. VETERANS EMPLOYMENT REPRESENTATIVES 3.1 Statutory Reference: PL 107-288 Jobs for Veterans Act of 2002; Title 38, United States Code, Chapter 41; 20 CFR 1001.120, and 20 CFR 1010. 3.2 Purpose of Funding: The Veteran Employment Representative(s) provides services to all eligible veterans and other eligible applicants. These services include registration,counseling, referral to supportive services,job development, labor market information, resume development, intensive services through case management,job search assistance and referral to training. Veteran Employment Representatives, also known as Local Veterans' Employment Representatives (LVERs) and Disabled Veterans' Outreach Representatives (DVOP's), are State employees operating and delivering these services within Grantee's workforce centers. These funds are provided as a contribution toward operating costs associated with the number of Veteran Employment Representatives that are collocated in Grantee's workforce center(s). 3.3 Required Program Elements. The provision of funding to Grantee for operating costs associated with the number of state Veteran Employment Representatives collocated in Grantee's workforce center is subject to the receipt of the Grantee's operating budget verified and signed off by Grantee's financial manager. Grantee shall submit such verified operating budget within thirty(30) days of request by the State Veterans' Coordinator in order to receive Federal Fiscal Year funding beginning October 1. I. VETERANS WORKFORCE INVESTMENT PROGRAM (VWIP) 3.1 Statutory Reference: The Veterans Workforce Investment Program (VWIP) is funded by the United States Department of Labor, Veterans' Employment and Training Service, utilizing appropriations from 20 CFR part 667—Administrative provisions for programs, including VWIP, under Title I of WIA. 3.2 Purpose of Funding: The purpose of the Federal VWIP grant is to provide support of employment and training services that assist eligible veterans with reintegration into meaningful employment within the labor force and to address the veterans' complex employment needs. The VWIP funds allocated through this NFA shall be spent on client training for eligible Local Veterans Employment Representative (LVER) customers and Disabled Veterans Outreach Program (DVOP) customers, with emphasis on training for "Green Jobs". 3.3 Program Requirements: Grantee shall work collaboratively with the State's LVER and DVOP staff operating within the Grantee's workforce centers to coordinate the payment of training costs for training providers who are serving eligible LVER and DVOP participants. Funding shall only be spent on training costs for these participants. The State LVER and DVOP staff shall be responsible for day to day operations of the VWIP program, carrying out all eligibility determinations, recruiting participants, enrolling participants in qualified training programs, entering and tracking data in the MIS system, providing case management, as Page 25 of 27 CMS# 12069 Exhibit A PY10 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS necessary, and communicating information to the Grantee so that the Grantee shall have sufficient information to procure training services, process invoices, and make payments as necessary. (Note: An administrative budget for the Grantee's overhead costs related to carrying out these program requirements has been provided as part of the Grantee's operating budget for FY 11 LVER and DVOP programs. These administrative dollars are included in said allocations of FYI I LVER and DVOP funds that are included in this NFA letter). J. UNEMPLOYMENT INSURANCE STAFF 3.1 Purpose of Funding: These funds are provided as a contribution toward operating costs associated with the number of Unemployment Insurance Appeals and Tax Staff collocated in Grantee's workforce center(s). K. MIGRANT SEASONAL FARM WORKER PROGRAM 3.1 Statutory Reference: Wagner-Peyser Act of 1933, as amended by 20 CFR parts 651, 653, and 658, effective January 25, 1977, governing employment services to migrant and seasonal farm workers by the federal-state public Job Service System. Grantee shall provide services to Migrant Seasonal Farm Workers (MSFWs) pursuant to the Employment Service regulations located at 20 CFR 251 through 258. If the Grantee's employment service area is designated as a "Significant MSFW Local Office" pursuant to the definitions in 20 CFR 651.10 (also see Exhibit H of this Grant), Grantee is required to provide additional outreach services to MSFWs. Pursuant to 20 CFR 653.107 Outreach, Significant Migrant Seasonal Farm Worker local workforce centers, that deliver employment and training programs through Wagner-Peyser funded Employment Services, shall conduct an outreach program in order to locate, contact, and register MSFWs who are not being reached by the normal intake activities conducted by the local workforce center. Grantee, if designated as a "Significant MSFW Local Office" by the Federal ETA, shall develop and submit to the State an annual outreach plan setting forth numerical goals, policies, and objectives for providing equitable services to MSFWs. L. TRADE ADJUSTMENT ASSISTANCE (TAA) 3.1 Statutory Reference: Trade Act of 1974 (Public Law 93-618); Trade Act of 2002 (Public Law 107-210); and Trade Adjustment Act, Chapter 2 of Title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.), §235A, as amended, by the Trade and Globalization Adjustment Assistance Act of 2009, February 17,2009. 3.2 Purpose of Funding: Pursuant to §235A of the Trade and Globalization Adjustment Assistance Act of 2009, TAA funds are provided to the Grantee to cover costs to provide reemployment and case management services for TAA eligible participants. 3.3 Required Program Elements: a. After eligibility of participants has been determined by the State, Grantee shall register the participants into the Connecting Colorado database and enroll them into the TAA Program. Page 26 of 27 CMS#12069 Exhibit A Pyle ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS b. Grantee shall be responsible for serving TAA eligible participants through the One-Stop delivery system and shall work in coordination with the State's TAA Program staff to deliver services as approved by the State for each participant. c. Grantee shall provide reemployment and case management services to TAA eligible participants to support their receiving reemployment trade adjustment assistance under §246 of the Trade Act. Case management services shall include: (I) performing comprehensive and specialized assessments of enrollees' skill levels and needs; (2) developing individual employment plans for each impacted worker; and (3) providing enrollees with the following: • Information on available training and how to apply for such training, • Information on how to apply for financial aid, • Information on how to apply for such training, • Short-term pre-vocational services, • Individual career counseling, • Employment statistics information, and • Information on the availability of supportive services. 3.4 Restrictions on Funding: Funds shall only be used to cover personnel and benefits costs related to the provision of case management and reemployment services and shall not be used to cover administrative costs and/or employment and case management operating expenses. Page 27 of 27 Exhibit B Workforce Investment Act Local Plan Signature Page Employment Services of Weld County CMS# 12069 1551 N. 17th Ave., P. O. Box 1805 Greeley, CO 80632-1805 This Exhibit B provides the Local Plan required under the Workforce Investment Act of 1998 (WIA)for implementation starting in Program Year 2010. This Local Plan shall be implemented to cover the interim period until the Workforce Investment Act of 1998 (WIA) is reauthorized. We certify that all planned activities under the Local Plan are presented here for implementation beginning July 1, 2010 for Program Year 2010-2011. By: Local Elected Official Date Chair, Board of County Commissioners By: Local Workforce Investment Date Board, Chair By: Workforce Region Director Date ADDITIONAL APPROVALS: By: Local Elected Official Date Chair, Board of County Commissioners By: [Name,Title] Date Page I of I Exhibit C EXPENDITURE AUTHORIZATION (EA) Signature Page Program/Project Coordinator: Phone Number: EXPENDITURE AUTHORIZATION SUMMARY REMOVE ALL SENTENCES IN ITALICS PRIOR TO SUBMITTING THIS DOCUMENT TO CDLE This Expenditure Authorization (EA) covers the following Funding Streams: Copy the allocation table from the applicable NFA letter here. Workforce Region: NAME PYXX Grant Agreement CMS#XXXX Funding Source Term Vax# $Amount PYXX WIA Adult 7/1/10 to 6/30/12 $0.00 PYXX WIA Youth 7/1/10 to 6/30/12 $0.00 PYXX WIA Dislocated Worker 7/1/10 to 6/30/12 $0.00 PYXX Wagner Peyser 7/1/10 to 6/30/11 $0.00 This Expenditure Authorization has been reviewed and approved by the following parties and will be incorporated into the Workforce Development Programs Grant Agreement as an attachment. This signature page, when duly signed, authorizes the granting of funds by the Colorado Department of Labor and Employment for the program/project identified herein. The EA commitment document is not valid until it has been approved by the State Controller or designee. By: By: Local Elected Official Date Peggy S. Herbertson Date Chair, Board of County Commissioners Director, Division of Employment and Training Colorado Dept. of Labor and Employment By: By: Local Workforce Investment Date Date Board, Chair Title: By: By: Workforce Center, Director Date Date Title: ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: DAVID J. MCDERMOTT,CPA By Date Page 1 of 9 Exhibit C EXPENDITURE AUTHORIZATION(EA) NFA# 10-XX I. BUDGET INFORMATION: Copy the allocation table from the applicable NFA letter here. Workforce Region: NAME PYXX Grant Agreement CMS#XXXX Funding Source Term Vax# $Amount PYXX WIA Adult 7/1/10 to 6/30/12 AAAA $0.00 PYXX WIA Youth 7/1/10 to 6/30/12 BBBB $0.00 PYXX WIA Dislocated Worker 7/1/10 to 6/30/12 CCCC $0.00 PYXX Wagner Peyser 7/1/10 to 6/30/11 DDDD $0.00 If you are transferring funds between funding streams, enter the appropriate information in the transfer table below: Transfer Out of Vax#: AAAA Revised Budget: Transfer Into Vax #: Revised Budget: AAAA CCCC Vax#CCCC PYXX Adult/DW $xxx.xx $yy,000.00 PYXX Adult/.OW $yy,000.00 Admin Admin PYXX Adult/DW $xxx.xx $yy,000.00 PYXX Adult/DW $yy,000.00 Program Program OR, instead of using the above two tables,you may use the Budget Information Summary Table(BIST) below. Modify the BIST as applicable for Adult, Dislocated Worker, or 25%Enhanced Dislocated Worker funds Workforce Region: NAME PYXX Grant Agreement I CMS#XXXX Funding Stream: PY10 Adult Period of Performance: 7/1/10-6/30/12 Revised Period of Performance: Original Allocation: $000,000.00 Vax # Original Program Budget: $0,000.00 Original Admin Budget: $0.00 Transfer In (+): $00.000 From Fund Year and Name: Transfer Out(-): ($00.00) • To Fund Year and Name: Cost Category Current Transfer In/Out(+/-) Revised Budget Budget Admin $0.00 $0.00 Program $0.00 $0.00 DW-Admin (transfer in) $0.00 $0.00 DW-Program (transfer in) $0.00 $0.00 25% Enh DW Admin (transfer in) $0.00 $0.00 25% Enh DW Prog(transfer in) $0.00 $0.00 Page 2 of 9 Exhibit C Total Program $0.00 $0.00 Use the following for Youth funds.. The Out-of-School budget amount should be at least 30% of your total Program budget. Funding Stream: PYI0 Youth Period of Performance: 7/1/10 -6/30/12 Revised Period of Performance: Original Allocation: $000,000.00 Vax# Original Program Budget: $0,000.00 Original Admin Budget: $0,000.00 Cost Category Current Changes In/Out(+/-) Revised Budget Budget Admin $0.00 $0.00 Out-of-School $0.00 $0.00 In-School $0.00 $0.00 Total Program $0.00 $0.00 11. BUDGET NARRATIVE: Answer the following questions: a. How shall the Program funds be used? If this is a discretionary grant, attach a copy of the approved grant proposal to the EA document OR if there is no separate proposal, include a Project Expenditure table here. b. Does this EA include a transfer of funds between funding streams? c.If this EA includes a transfer of funds between funding streams, explain what you are doing and its impact on your programs and outcomes. Here are some examples of language: • Out of the allocations above 10%offunds shall be used for administration costs , except for Wagner Peyser funds. • 70%of the funding allocations above shall be spent by 6/30/xx. • Funds shall be used to cover costs in delivering core workforce development services • Transfer 50%of the PY10 DW allocation to the PY10 Adult program. This transfer will allow the region to serve an increase ofXX#of Adults during the Program Year 2010. III. SCOPE OF WORK: This narrative should not change throughout the period of the grant unless the scope of work changes. This is the overall scope of services you will be providing. Program Description: Describe the overall purpose and goals of the Program being funded. If this is a discretionary grant, attach a copy of the approved grant proposal to the EA document OR if there is no separate proposal, identify whether the primary focus is client services, planning, Page 3 of 9 Exhibit C capacity building, supportive services, training, etc. and include a Project Expenditure table in the Budget Narrative section above. Purpose of Funding: What is the purpose of the funding? Examples of language:, Funding is provided to run the WIA Adult, Youth, and Dislocated Worker Programs. Funding is provided for Case Management of TAA clients. Funding is to be used for supportive services or training for XI=clients. Program Integration: If the funding is for something other than your WL4 Adult, Youth, and Dislocated Worker programs, how will the services you provide with these funds be integrated into and coordinated with those programs or into your One Stop operations? IV, STATEMENT OF WORK: This section describes specifically what you will be doing and what the intended outcomes are. a. Services andlor Training to be provided: b. Project Goals: Describe concisely the performance outcomes for these funds. c. Measurable Deliverables: What are the concrete and/or measurable deliverables that shall be completed with these funds? V. MODIFICATION(S) REQUESTED,RATIONALE FOR MODIFICATION(S), and PROGRAM IMPACT: Describe the modifications covered by this EA. VI. REVISED GOALS, OBJECTIVES, and OUTCOMES: Describe the modifications covered by this EA. VII. REVISED PLANNED PARTICIPATION AND TERMINATION SUMMARY: Include a revised Planned Participation and Termination Summary Chart to the EA. VIII. OTHER PROGRAM REQUIREMENTS OR SPECIFIC FUNDING PROVISIONS Add additional requirements or NFA funding provisions here: a. The Grantee agrees to adhere to the requirements of relevant Policy Guidance Letters, Program Information, and/or the specifications outlined below: b. Add other provisions here. Page 4 of 9 • Exhibit C PROJECTED QUARTERLY EXPENDITURES-CUMULATIVE FOR PY10 Funding Stream: WIA Adult(include all years of Adult funding and PY10/FY11 funds when received) Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections July 1 to September 30, October 1 to December 31, January 1 to March 31, April 1 to June 30,2011 2010 2010 2011 Administration Program Total Carry In/Carry Out N/A N/A Funding Stream: WIA Dislocated Worker(include all years of DW and Enhanced DW funds and add PY10/FY11 funds when received r Expenditures .1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections July Ito September 30, October 1 to December 31, January Ito March 31, April 1 to June 30,2011 2010 2010 2011 Administration Program • Total Carry In/Carry Out N/A N/A Funding Stream: WIA Youth (include all years of Youth funds that will be spent during PY10) Expenditures I st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections July 1 to September 30, October I to December 31, January 1 to March 31, April 1 to June 30,2011 2010 2010 2011 Administration Program Total Carry In/Carry Out N/A N/A Funding Stream: Wanner-Pevser Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections July 1 to September 30, October 1 to December 31, January 1 to March 31, April 1 to June 30,2011 2010 2010 2011 Program Carry In/Carry Out N/A N/A Funding Stream: NAME OF Project (include additional quarters if the grant is longer than one year) 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections Expenditures Enter quarter date range in Enter the second quarter Enter the third quarter Enter the fourth quarter which the grant begins date range of the grant date range of the grant date range of the grant Administration+ Program Page 5 of 9 Exhibit C PLANNED PARTICIPATION AND TERMINATION SUMMARY- CUMULATIVE Program and Year: PY10 WIA Adult In each category,indicate the total cumulative number of Adults to be served with all years of'IA Adult funds being spent during PY10.Submit a revised chart when changes in planned expenditures occur. CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER July 1 to October 1 to January 1 to April 1 to September 30,2010 December 31,2010 March 31,2011 June 30,2011 Total Participants* Carry In* Enter total carry in Enter total carry in from Enter total carry in from first quarter here first quarter here from first quarter here New* Total Exiters* Carry Out N/A N/A Entered Employment Rate** 83% Employment Retention Rate** Average Earnings/Wage** PLANNED PROGRAM ACTIVITIES-CUMULATIVE CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER July 1 to October 1 to January 1 to April 1 to September 30, December 31,2010 March 31,2011 June 30,2011 2010 Registered Core Services* Intensive Services* Training Services* Training Completions* Training Related Placements* %Training Related Placements* * CDLE uses the JobLink Activity Report(AS) to track plan versus actual for this item ** CDLE uses the JobLink W1A Common Measures Report(CO) to track plan versus actual for this item Page 6 of 9 Exhibit C PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE Program and Year: PY10 Dislocated Worker In each category,indicate the total cumulative number of Dislocated Workers to be served with all years of\'VIA DW and Enhanced DW funds being spent during PYIO.Submit a revised chart when changes in planned expenditures occur. CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER July 1 to October 1 to January 1 to April 1 to September 30, December 31,2010 March 31,2011 June 30,2011 2010 Total Participants* Carry In* Enter total carry in Enter total carry in Enter total carry in from from first quarter here from first quarter here first quarter here New* Total Exiters* • Carry Out N/A N/A N/A Entered Employment Rate** 86% Employment Retention Rate** 87.5% Average Eamings/Wage** $15,000 PLANNED PROGRAM ACTIVITIES-CUMULATIVE CATEGORY • 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER July 1 to October I to January 1 to April 1 to September 30, December 31,2010 March 31,2011 June 30,2011 2010 Registered Core Services* Intensive Services* Training Services* Training Completions* Training Related Placements* %Training Related Placements* * CDLE uses the JobLink Activity Report(AS)to track plan versus actual for this item ** CDLE uses the JobLink WIA Common Measures Report(CO)to track plan versus actual for this item Page 7 of9 Exhibit C PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE I Program and Year: PY10 Ali Youth Combined In each category,indicate the total cumulative number of Youth to be served with all years of WIA Youth funds being spent during PY10.Submit a revised chart when changes in planned expenditures occur. CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER July 1 to October 1 to January 1 to April I to September 30, December 31,2010 March 31,2011 June 30,2011 2010 Total Participants* Carry In* Enter total carry in Enter total carry in Enter total carry in from first quarter here from first quarter here from first quarter here New* Total Exiters* Carry Out N A N/A N/A Placement in Employment 73% or Education** Attainment of a Degree or s8" Certificate** Literacy&Numeracy 9' ,, Gains** Training Services* Training Completions* Training Related Placements* - %Training Related Placements* * CDLE uses the JobLink Activity Report(AS)to track plan versus actual for this item(Program Code Y* which includes the program code YT for new PY10 enrollments). ** CDLE uses the JobLink WIA Common Measures Report(CO)to track plan versus actual for this item. Page 8 of 9 Exhibit C PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE Program and Year: PY10 Wagner-Peyser In each category,indicate the total cumulative number to be served with all years of Wagner-Peyser funds being spent during PY10.Submit a revised chart when changes in planned expenditures occur. CATEGORY* 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER July I to October 1 to January 1 to April l to September 30, December 31,2010 March 31,2011 June 30,2011 2010 Total Participants Entered Employment Rate 57% Employment Retention Rate 73% Average Earnings/Wage $13,000 Total Employers Served Total Job Openings Received * CDLE uses the JobLink ES9002 report to track plan versus actual for all items except Total Employers Served. COLE uses the Employers Served report found on Connecting Colorado-Reports-Other Queries to track planned versus actual for Total Employers Served. Page 9 of 9 Exhibit D Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion-Lower Tier Covered Transaction Instructions,for Certifications 1. By signing and submitting its proposal and signing this contract, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted or with whom this contract is made for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting its proposal and signing this contract that should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal and signing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transaction. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Page I of! Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions (1) The prospective lower tier participant certifies, by submission of this proposal and execution of this contract, that neither it nor its principals is presently declared ineligible, or voluntarily excluded from participation in this transaction by an Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to its proposal. • • Page 2 of 2 Exhibit E DRUG-FREE WORKPLACE CERTIFICATIONS Alternate I. (Contractors/Grantees Other Than Individuals) A. The grantee/contractor certifies that it will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition: 2. Establishing an ongoing drug-free awareness program to inform employees about- a) The dangers of drug abuse in the workplace; b) The grantee's policy of maintaining a drug-free workplace; c) Any available drug counseling, rehabilitation, and employee assistance programs; and d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant/contract be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph I that, as a condition of employment under the grant/contract,the employee will: a) Abide by the terms of the statement; and b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant/contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s)of each affected grant/contract; 6. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph 4(b), with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1,2,3,4,5, and 6. B. The grantee/contractor may insert in the space provided below the site(s) for the performance of work done in connection with this grant/contract: Page I of I Exhibit F CERTIFICATION REGARDING LOBBYING (Certification for Contracts, Grants, Loans, and Cooperative Agreements) The undersigned certifies, to the best of his or her knowledge and belief,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any 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, grant, loan, or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an office or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of Congress in connection with this - Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more then $100,000 for each such failure. Page 1 of I Exhibit G TOBACCO FREE CERTIFICATION Public Law 103-227, the Pro-Children Act of 1994, requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by any entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's services provided by private residences,facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. By submitting and signing the application and this contract, the contractor certifies that it will comply with the requirements of the Act. The contractor further agrees that it will require the language of this certification to be included in any subawards (or subcontracts) which contain provisions for children's services and that all subgrantees (or subcontractors) shall certify and perform accordingly. Page I of I Exhibit H GRANT AGREEMENT DEFINITIONS 1. ADULT—An individual who is 18 years or older except when the individual is between the ages of 18 and 22 and meets the eligibility qualifications of a "disadvantaged youth" pursuant to the WIA Section 127 (b)(2); and except for formula allocation purposes which determines an adult as 22 years to 72 years pursuant to the WIA Section 132(b). 2. CASH REQUEST FORM- A cash request form is a printout of the Cash Request screen in the Vax financial sy. '-m and it includes a listing of cash balances for all funding sources provided for Workforce Development Programs. 3. CONTRACT- a formal, legally binding bilateral agreement between two principal departments of the State of Colorado or, one principal department of the State of Colorado and another party or, an amendment to such bilateral agreement. In addition, a procurement instrument, i.e., a "commitment voucher", by which the Colorado Department of Labor(CDLE), a Grantee or a subcontractor pays for property, services, supplies, materials or equipment. 4. CONTRACTOR - any type of corporation, partnership, limited liability company, public agency, other entity, or natural person that enters into a contract with the CDLE, a Grantee or a subcontractor under the WIA. One who contracts to do work for another. The term Grantee is interchangeable with the term Contractor and/or Subrecipient. 5. DISLOCATED WORKER—The term "dislocated worker" means an individual who: A. (i)has been terminated or laid off, or who has received a notice of termination or layoff, from employment; or (ii) has exhausted entitlement to unemployment compensation, or has been employed for a duration sufficient to demonstrate attachment to the workforce but who is not eligible for unemployment compensation due to insufficient earnings or the employer was not covered under State unemployment compensation law; or (iii) is unlikely to return to a previous industry or occupation; or B. (i)has been terminated or laid off, or who has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or (ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or (iii)for eligibility purposes to receive services other than training services, intensive services, and supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close; or C. was self-employed but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or D. is a displaced homemaker. 6. DISPLACED HOMEMAKER—an individual who has been providing unpaid services to family members in the home and who has been dependent on the income of another family member but is no longer supported by that income; and is unemployed or underemployed and is experiencing the difficulty in obtaining or upgrading employment. 7. c-COLORADO.ORG- Colorado's internet-based resource center that provides: information on workforce development programs and policies; employment and training resources and services for workforce Page I of 4 center clients, including, individual ePortfolios, individual development plans, self-assessments,courses that are integrated with the individual development plan, and academic transcripts, etc.; a multi-media, digital resource center; training for the professional workforce development community; teaming rooms supporting collaboration among Colorado's workforce development professionals statewide; and other supporting functions promoting the exchange of ideas and information related to workforce development issues. 8. ELIGIBLE YOUTH—except for the Job Corps and other National Programs, an eligible youth means an individual who is between the ages of 14 and 21; is a low-income individual; and is an individual who is one or more of the following: deficient in basic literacy skills; a school dropout; homeless, runaway, or a foster child; pregnant or a parent; an offender; or an individual who requires additional assistance to complete an educational program, or to secure and hold employment. 9. EMPLOYMENT SERVICES -Also known as labor exchange services, these services are delivered under the Wagner-Peyser Act and include self-help resources, staff-assisted services for job seekers and employers,job matching,job orders,job search workshops, vocational guidance, labor market information,job referrals, and other services related to employment and training. 10. EXPENDITURE AUTHORIZATION (EA) - An expenditure authorization commitment document is a legal agreement between the State and the Grantee that is submitted to the State following the receipt of a Notice of Fund Availability(NFA)letter.This document is the mechanism by which workforce development program funds are authorized for expenditure under the Grant Agreement. The EA when fully executed by the Grantee and the State becomes a part of the current, executed, Grant Agreement. 11. GRANTEE- A Grantee is an entity that receives employment and training funds through a grant agreement or contract with the Colorado Department of Labor and Employment. (see Contractor)The term Grantee is interchangeable with the term Contractor and/or Subrecipient. 12. LEVERAGED RESOURCES—The Subrecipient's share of costs expended on allowable grant activities and any Federal funds from other sources that are expended on allowable activities related to a non- formula allocated, discretionary grant award, e.g. the Workforce Innovation in Regional Economic Development(WIRED) Initiative. Leveraged resources include allowable matching costs(cash match and in- kind contributions), allowable non-matching costs, and non-allowable costs. 13. LOCAL WORKFORCE INVESTMENT BOARD (LWIB)—A policy-making group for the local workforce investment system, the members of which are appointed by the chief elected official of a local area. 14. MEMORANDUM OF UNDERSTANDING (MOU) -An agreement developed and executed between the Local Workforce Investment Board, with the agreement of the chief elected official, and the One- Stop partners relating to the operation of the One-Stop delivery system in the local area. 15. MIGRANT SEASONAL FARM WORKER(MSFW) - A seasonal farm worker(or food processing worker) who must travel to do farm work so that he/she is unable to return to his/her permanent residence within the same day. Full-time students traveling in organized groups rather than with their families are excluded. 16. NOTICE OF FUND AVAILABILITY(NFA) -The letter that is sent out to notify the Grantee of initial program year allocations and any increases and/or decreases of funding throughout the program year. 17. ONE-STOP AUTOMATION SYSTEM -The Statewide computer system which includes, but is not limited to,the following components: Participant/Client Tracking, Job Link, Connecting Colorado,Contract Management, Financial reporting, and Accounting systems. 18. ONE-STOP DELIVERY SYSTEM -A seamless system of service delivery that is created through the collaboration of entities responsible for separate workforce development funding sources. Page 2 of4 19. ONE-STOP PARTNERS (required) - Entities that carry out the workforce development programs and which are required to participate in the One-Stop delivery system pursuant to the Workforce Investment Act. 20. PARTICIPANT - An individual who has been determined to be eligible to participate in and who is receiving services under a program authorized by the Workforce Investment Act. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the individual began receiving subsidized employment, training, or other services provided under the WIA. 21. PERFORMANCE STANDARDS - Performance Standards (also known as performance measures or performance indicators) are measurement indicators used to evaluate the performance of a Grantee's Workforce Development Programs funded under a Grant Agreement. Performance standards include those measurement indicators identified in the Workforce Investment Act or other Federal laws and regulations and those program- specific indicators negotiated at the State and Local levels. 22. PERSON WITH A DISABILITY - An individual who: has a physical (motion, vision, hearing)or mental (learning or developmental) impairment which substantially limits one or more of that person's major life activities;.has a record of such an impairment; or is regarded as having such an impairment(as defined in Section 3 of the Americans with Disabilities Act of 1990). 23. PROGRAM GUIDANCE LETTER(PGL) - Program Guidance Letters are documents issued by the State and disseminated via the Internet to the Grantees of the workforce regions, identifying policies and procedures that must be followed in operating and implementing Workforce Development Programs under the Grant Agreement. PGL's may articulate step-by-step instructions for new procedures, identify portions of an existing policy that are being revised, and provide program information and guidance to the workforce regions. 24. PROGRAM YEAR- The term used to identify the one-year period from July 1 through June 30. For example, Program Year 2009 (PY 10) is the time period of July 1,2009 through June 30, 2010. The Program Year is overlapped by the next Federal Fiscal Year that extends from October 1 to September 30. For example, Program Year 2009 (PY 10) is overlapped by the Federal Fiscal year 2010 (FY 11). 1). 25. REQUIRED PROGRAM ELEMENTS - Services, program components, and resources which must be made available by the Grantee pursuant to the applicable laws and regulations for each funding source. The required program elements comprise the statement of work for each funding source identified in the Grant Agreement. 26. SIGNIFICANT MIGRANT SEASONAL FARM WORKER(MSFW) LOCAL OFFICES- Workforce regions designated annually by the United States Department of Labor Employment and Training Administration (ETA)and including those local workforce centers where MSFWs account for 10%or more of annual applicants and those local workforce centers which the ETA determines should be included due to special circumstances such as an estimated large number of MSFWs in the local workforce region. 27. SIGNIFICANT BILINGUAL MIGRANT SEASONAL FARM WORKER(MSFW) LOCAL OFFICES- Workforce regions designated annually by the United States Department of Labor Employment and Training Administration (ETA) and including those significant MSFW local offices where 10% or more of MSFW applicants are estimated to require service provisions in Spanish. 28. STATE WORKFORCE INVESTMENT BOARD (SWIB)—A Governor-appointed board serving to assist in the development and implementation of a State workforce investment plan. In Colorado the State Workforce Investment Board is known as the "Colorado Workforce Development Council" or"CWDC". 29. VETERANS' PRIORITY OF SERVICE -The term `veterans' priority of service', for the purpose of workforce development programs grants, means the right of eligible covered persons (i.e. veterans and some spouses)to be identified and made aware of their eligibility for priority of service at the point of entry to Page 3 of 4 workforce development programs or services so they can take full advantage of priority of service. To take precedence over eligible non-covered persons in obtaining services in all qualified job training programs defined as "any workforce preparation , development or delivery program or service that is directly funded, in whole or part by the United States Department of Labor,"which includes receipt of job referrals, training opportunities, and other employment-related services. The eligible covered person shall receive access to the service or resource earlier in time than the eligible non-covered person; or, if the service or resource is limited, the eligible covered person shall receive access to the service or resource instead of or before the eligible non-covered person. Priority of service is to be applied across three different types of qualified job training programs: 1) universal access programs that do not target specific groups;2) discretionary targeting programs that focus on certain groups but are not mandated to serve target group members before other eligible individuals; and, 3) statutory targeting programs that are mandated by federal law to provide priority or preference to certain groups. 30. WORKFORCE CENTER—A One-Stop delivery system office that provides integrated workforce development services in a One-Stop delivery system environment to the residents of a region. 31. WORKFORCE REGION- A workforce investment area that makes up a single labor market area, economic development region or other appropriate contiguous subarea of a State, which has been designated as a workforce investment area b3/the Governor and which complies with the Workforce Investment Act(WIA) regulations 20 CFR Part 652, Sections 661.250 through 661.290. 32. YOUTH COUNCIL - A subgroup of the Local Workforce Investment Board responsible for coordinating local youth activities, developing portions of the local youth plan, conducting oversight with respect to eligible providers of local youth activities, and carrying out other duties authorized by the chair of the LWIB. Page 4 of 4 BILL RITTER, JR. Governor DEPARTMENT OF LABOR AND EMPLOYMENT DONALD J.MARES woe co<o? DIVISION OF EMPLOYMENT AND TRAINING Executive Director FQ =o O1 633 17th Street,Suite 1200 * is *' Denver,CO 80202-3629 GARY J. ESTENSON "� *i Deputy Executive Director "tan" PEGGY S.HERBERTSON Director, Division of Employment and Training Month Day, Year Exhibit I The Board of County Commissioners of XXXX County [Grantee] c/o Contact Person Address City, State ZIP Re: Notice of Fund Availability: #[FY-#] for [Workforce Center Name] Dear Contact Person: This Notice of Fund Availability (Notice) provides you with funding allocations for workforce development programs for the Program Year xxxx(PYxx). This Notice #[FY -#] provides the following [modifications to your] funding allocations: Workforce Region: NAME PY10 Grant Agreement CMS#XXXX Funding Source Term Vax# $Amount PY10 WIA Adult 7/1/10 to 6/30/12 $0.00 PY10 WIA Youth 7/1/10 to 6/30/12 $0.00 PY10 WIA Dislocated Worker _ 7/1/10 to 6/30/12 $0.00 PY10 Wagner Peyser 7/1/10 to 6/30/11 $0.00 FYI 1 WIA Adult _ 7/1/10 to 6/30/12 $0.00 FY11 WIA Youth 7/1/10 to 6/30/12 $0.00 Pursuant to the Grant Agreement#[FY-xxxx routing number], the Grantee must submit to the State an Expenditure Authorization requesting authorization to expend or deobligate these funds. The attached Fund Availability Summary for all funding sources provided under Grant Agreement #[FY-xxxx routing number] shows the Total Funding Availability for Program Year [xxxx]. The maximum funding for XXXX County under Grant Agreement#[FY-xxxx routing number] may not exceed XXX Thousand XXX Hundred Dollars ($xxx,xxx.00). The funding allocations identified herein will be available to the [Workforce Region], provided that a Grant Agreement has been fully executed. This letter will become Attachment Ito the fully executed Grant Agreement for your region. (1) If you have any questions, please call Workforce Development Programs at(303) 318-8800. Sincerely, Peggy S. Herbertson, Director Division of Employment and Training Page I oft Fund Availability Summary Workforce Region: NAME PYXX Grant Agreement CMS#XXXX Funding Source Vax# CFDA# CURRENT Increase/ REVISED or FINAL Allocation Decrease Allocation PY10 WIA Adult 17.258 $0.00 $0.00 FY11 WIA Adult 17.258 $0.00 $0.00 , PY10 WIA Youth 17.259 $0.00 $0.00 PY10 WIA Dislocated Worker 17.260 $0.00 $0.00 FY11 WIA Disclocated Worker 17.260 $0.00 50.00 PY10 Wagner-Peyser 17.207 50.00 50.00 TOTAL Page 2 of 2 Exhibit J STANDARD ASSURANCES By signing the agreement, the Grantee is providing the assurances and/or certifications required as detailed below: A. ASSURANCES - NON-CONSTRUCTION PROGRAMS (SF 424 B): NOTE: Certain of these Assurances may not be applicable to your project or program. As the duly authorized representative of the Grantee, I certify that the Grantee: 1. Has the legal authority to apply for Federal Assistance and the institutional managerial and financial capability(including funds sufficient to pay the non-Federal share of project costs)to ensure proper planning, management and completion of the project described in this application. 2. Shall give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and shall establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Shall initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Shall comply with the Intergovernmental Personnel Act of 1970(42 U.S.C. 4728-4783)relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 CFR 900, Subpart F). 6. Shall comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of handicaps; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C..794), which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd.3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i)any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other non-discrimination statute(s) which may apply to the application. 7. Shall comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Page I of3 8. Shall comply with the provisions of the Hatch Act(U.S.C. 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Shall comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. 276a to 276a 7),the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874, and the Contract Work flours and Safety Standards Act(40.327- 333), regarding labor standards for federally assisted construction subagreements. 10. Shall comply, if applicable, with Flood Insurance Purchase Requirements of Section 102(A) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Shall comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P. L. 91-190) and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); • (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93- 205). 12. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C. 469a.1 et seq.). 14. Shall comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. 4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 17. Shall cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments and Non- Profit Organizations." 18. Shall comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. Page 2 of 3 B. ASSURANCE - NONDISCRIMINATION & EQUAL OPPORTUNITY ASSURANCE Note: This particular assurance (portions which are duplicated elsewhere in other assurances) is applicable to the extent that the program activities are conducted as part of the One Stop delivery system (See 29 CFR 37.2). As a condition to the award of financial assistance from the United States Department of Labor under Title I of WIA, the Grantee assures that it shall comply fully with the nondiscrimination and equal opportunity provisions of the following laws: (1) Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability;political affiliation, or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I financially assisted program or activity; (2) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race,color, and national origin; (3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; (4) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and (5) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Grantee also assures that it shall comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the Grantee's operation of the WIA Title IB financially assisted program or activity, and to all agreements the Grantee makes to carry out the WIA Title I financially assisted program or activity. The Grantee understands that the United States has the right to seek judicial enforcement of this assurance. Page 3 of 3 Hello