HomeMy WebLinkAbout20091144RESOLUTION
RE: APPROVE GRANT AGREEMENT FOR EMPLOYMENT AND TRAINING 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 Employment and
Training 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, 2009, and ending June 30, 2012, 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 Employment and Training 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 18th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the
BY'� �� (�UG'(1 ,��.,'>•�
De
BOARD OF COU . COMMISSIONERS
WELD. O_.1 T o ORADO
Radem-cher, Pro-Tem
e P. Conway
APP: , • S cv• : M: ,t.Q/.lC_ Ait_ /
arbacKirkmeyer
ounty A orney
David E. Long
Date of signature
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2009-1144
HR0080
MEMORANDUM
DATE: May 12, 2009
TO: William F. Garcia, Chair, Board of ounty Commissioners
FROM: Judy A. Griego, Director, Human c 411
RE: Grant Agreement for Employmen & Training
Programs under the Workforce Investment Act
Enclosed for Board approval is a Grant Agreement between the Department of Colorado
Department of Labor and Employment and the Board of Weld County Commissioners. This
Grant Agreement was presented at the Board's May 11, 2009, Work Session.
The purpose of the Grant Agreement is to implement and deliver services through Federal and
State funded employment and training programs. These are programs serving Adult, Youth,
Dislocated Workers, basic labor exchange and other programs coming through the Department
of Labor.
The effective term of the Agreement is July I, 2009 through June 30, 2012.
If you have questions, please give me a call at extension 6510.
2009-1144
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
STATE OF COLORAOD
DEPARTMENT OF LABOR AND EMPLOYMENT
Grant Agreement
With
Board of County Commissioners of Weld County
TABLE OF CONTENTS
1. PARTIES 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 2
3. RECITALS 2
4. DEFINITIONS 3
5. TERM AND EARLY TERMINATION 3
6. STATEMENT OF WORK and FUNDING PROVISIONS 3
7. PAYMENTS TO GRANTEE - ADMINISTRATIVE STANDARDS AND PROCEDURES6
8. REPORTING - NOTIFICATION 8
9. GRANTEE RECORDS 9
10. CONFIDENTIAL INFORMATION - STATE RECORDS 11
11. CONFLICT OF INTEREST 12
12. REPRESENTATIONS AND WARRANTIES 13
13. INSURANCE 14
14. BREACH .. 14
15. REMEDIES 16
16. NOTICES AND REPRESENTATIVES 18
17. RIGHTS IN DATA, DOCUMENTS AND COMPUTER SOFTWARE 19
18. PATENT RIGHTS 18
19. RIGHTS IN DATA AND COPYRIGHT 18
20. PATENT, COPYRIGHT AND TRADEMARK LAWS 18
21. ASSURANCES 19
22. CERTIFICATIONS 20
23. LEGAL AUTHORITY 20
24. GOVERNMENTAL IMMUNITY 21
25. STATEWIDE GRANT MANAGEMENT SYSTEM 21
26. GENERAL PROVISIONS 21
27. COLORADO SPECIAL PROVISIONS 24
28. SIGNATURE PAGE 26
29. EXHIBIT A - FUNDING PROVISIONS
30. EXHIBIT B - LOCAL PLAN/PLAN MODIFICATION
31. EXHIBIT C - EXPENDITURE AUGHORIZATION (EA) DOCUMENT FORMAT
32. EXHIBITS D THROUGH G AND J - CERTIFICATIONS
33. EXHIBIT H - GRANT AGREEMENT DEFINITIONS
34. EXHIBIT I - NOTICE OF FUND AVAILABILITY (NFA)
1. PARTIES
THIS GRANT AGREEMENT (hereinafter called "Grant") is entered into by and between the
Board of County Commissioners of Weld County with an address of P.O. Box 758, 915 10th Street,
Greeley, CO 80632-0758 (hereinafter called "Grantee"), and the STATE OF COLORADO acting by
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
and through the Department of Labor and Employment (hereinafter called the "State or CDLE") with an
address of 633 17th Street, Suite 1200, Denver, CO 80202-3629.
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 their 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
Authority exists in the law and funds have been budgeted, appropriated, and otherwise made
available and a sufficient unencumbered balance thereof remains available for payment and the
required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
i. The Workforce Investment Act provides workforce development activities,
through statewide and local workforce investment systems, that increase the employment,
retention, and earnings of participants, and increase occupational skill attainment by participants,
and, as a result, improve the quality of the workforce, reduce welfare dependency, and enhance
the productivity and competitiveness of the Nation;
ii. In accordance with the Workforce Investment Act of 1998, any funds appropriated under Title I —
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 Five -Year
Local Plan (Local Plan); with services provided as part of a One -Stop delivery system established
by the State;
iii. The State has received Federal and State funding for other workforce development programs,
such as, Veterans' Employment and Training Programs, Displaced Homemakers' program, State
Incentive Grants, the Workforce Innovation in Regional Economic Development Initiative
(WIRED Initiative), and other workforce development programs, and desires to provide a portion
of these funds to Grantee under this Grant Agreement;
iv. Authority exists in the Workforce Investment Act (WIA) of 1998, also known as Public Law 105-
220, and the Governor has received a grant of federal funds under the Workforce Investment Act;
and, authority exists in the American Competitiveness and Workforce Improvement Act of 1998,
Public Law No. 105-277, as amended, under which the State has been awarded a federal grant
known as "Workforce Innovations in Regional Economic Development" (WIRED);
v. Contract authority for Weld County resides in the Board of County Commissioners of
Weld County;
vi. Grantee is authorized by the State to provide workforce development programs for the local
workforce region pursuant to the State Plan and pursuant to the Local Plan, incorporated herein
as Exhibit B, which has been approved by the State for the local workforce region;
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 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, is to
provide employment services and workforce development activities, through statewide and local
workforce investment systems, that increase the employment, retention, and earnings of participants,
and increase occupational skill attainment by participants, and, as a result, improve the quality of the
workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
Nation. The purpose of this Grant is to implement and deliver these services through federal and
state funded workforce development programs.
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 Grant
Agreement Program Definitions are attached hereto as Exhibit H):
A. Budget
Budget means the budget for work described in Exhibits 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 Exhibits A and B.
C. Exhibits
The following exhibits are attached hereto and incorporated by reference herein: Exhibit A —
Funding Provisions; Exhibit B — Local Plan/ Plan Modification; Exhibit C — Expenditure
Authorization (EA) document format; 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; Exhibit J — Standard Assurances.
D. Goods
Goods means tangible material acquired, produced, or delivered by Grantee either separately or in
conjunction with the Services rendered hereunder.
E. Grant
Grant means this Grant Agreement, 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 that are incorporated pursuant to Colorado State
Fiscal Rules and Policies.
F. Grant Funds
Grant Funds means funds payable by the State to Grantee pursuant to this Grant.
G. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
H. Program
Program means any workforce development grant program funded under 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 and 7 and Exhibits A -C.
J. Services
Services means the required services to be performed by Grantee to pursuant to this Grant.
K. Sub-grantee/Sub-contractor
Third -party vendors of goods and/or services, if any, are hereinafter referred to as "sub -grantees" or
"subcontractors".
L. Work
Work means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibits, including the performance of the Services and delivery of the Goods.
M. Work Product
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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
Initial Term -Work Commencement
The Parties' respective performances under this Grant shall commence on the later of either the Effective
Date or July 1, 2009. This Grant shall terminate on June 30, 2012 or Project completion unless sooner
terminated a specified elsewhere herein.
6. STATEMENT OF WORK and FUNDING PROVISIONS
A. Statement of Work
Grantee agrees to perform, in a professional manner, the obligations and
responsibilities within this Grant and as required for each Funding Source identified in 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, pursuant to
§7, below, 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.
B. Duties and Obligations of Grantee
Grantee shall:
i. 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;
iii. 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 of a workforce region's 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
and an approved plan, written state policies governing operation of the One -Stop Workforce
Centers, and all other applicable federal and state requirements;
vi. Meet additional workforce region performance standards set by the LWIB and develop and
offer additional services to supplement those mandatory services required under the terms of
this Grant;
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;
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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, non-
English speaking workers, and minorities;
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(c) 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
xiii. Ensure that language assistance services are made available to individuals with English
language barriers.
C. 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 30'" 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 "Default -Breach".
D. Funding
Funds appropriated 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.
i. 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
the next program year(s). These restrictions apply to all funding provided to the Grantee under
this Grant..
ii. 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
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
adhere to any other specific requirements for the use of discretionary funds as identified in the
"Grant Application" or the vendor selection announcement.
iii. 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 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; and, Ex -Offender,
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.
E. 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 I, 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, Expenditure
Authorization commitment document (EA) must be submitted pursuant to §7, below.
7. PAYMENTS TO GRANTEE - ADMINISTRATIVE STANDARDS AND PROCEDURES
A. Expenditure Authorization (EA) Procedures
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.
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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 a Budget
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.
iii. 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, §118.
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 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.
E. Available Funds -Contingency -Termination
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
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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. Insofar as this contingency affects Grantee, subcontractors or suppliers, for mutual protection
of the parties, Grantee agrees to include this contingency in all its subcontracts.
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.
8. REPORTING - NOTIFICATION
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. 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 or its authorized
representative is not then serving, such notice and copies shall be delivered to the Executive Director
of CDLE.
C. 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.
D. Obligation Reports
On a monthly basis, and in conjunction with the requirements of §8.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.
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
E. 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.
F. Annual Report
After the end of each Program Year, Grantee shall submit an Annual Report summarizing services
provided, number of individuals served under each program, progress made in achieving local
performance measures, and other data and statistics requested by the State for each workforce
development program funded through this agreement, as required by the state's reporting
requirements and pursuant to Exhibit A, Funding Provisions. This Annual Report shall be submitted
to the State by July 31st following 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.
G. 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.
H. Noncompliance
Grantee's failure to provide reports and notify the State in a timely manner in accordance with this
section may result in the delay of payment of funds and/or termination as provided under this Grant.
I. Subcontracts
Copies of any and all subcontracts entered into by the Grantee to accomplish this Project shall be
submitted to the State or its authorized representative upon request of the State. Any and all
contracts entered into by the Grantee shall comply with all applicable federal and state laws and shall
be governed by the laws of the State of Colorado notwithstanding any provisions therein to the
contrary.
9. GRANTEE RECORDS
Grantee shall make, keep, maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall maintain a complete file of all records, documents, communications, notes and other
written materials, electronic media files, and communications, pertaining in any manner to the
Project 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 five 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 occuring, or Grantee has received
notice that an audit is pending, then until such audit has been completed and its findings have been
resolved. All such records shall be sufficient to allow the United States Department of Labor
(U.S.D.O.L.), independent firms conducting audits of Federal funds, and the State to audit and
monitor Grantee. All such records, documents, communications, and other materials shall be the
property of the State and shall be maintained by Grantee in a central location as custodian for the
State.
B. Inspection
In accordance with 29 CFR 97.42, Grantee shall permit the State, the U.S.D.O.L, the Comptroller
General of the United States, or 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 for a period
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
of five 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 Project at all reasonable times and places during the term of this
Grant, including any extension. If the Project does not conform to this Grant's requirements, the
State may require Grantee promptly to bring the Project into conformity with Grant requirements, at
Grantee's sole expense. If the Project 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 this Grant's requirements and exercise the remedies available under
this Grant, at law or inequity in lieu of or in conjunction with the preceding measure.
C. Monitoring
Grantee also shall permit the State, the U.S.D.O.L., or any other duly authorized agent of a
governmental agency, 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. All such monitoring shall be performed in a manner that shall not unduly
interfere with Grantee's performance hereunder. Grantee authorizes the State to perform audits or
inspections of its records at any reasonable time during the term of this Grant and for a period of
three years following the termination of this Grant.
D. Compliance with Applicable Audit Requirements
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 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.
E. 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.
F. 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 authorized
representative at the address specified herein.
G. 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.
H. 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, terminee,
employee and applicant for employment records.
I. Participant Records
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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.
J. 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.
K. 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.
10. CONFIDENTIAL INFORMATION - STATE RECORDS
Grantee acknowledges that it may become privy to confidential information in connection with its
performance hereunder, including, but not limited to state records, personnel records, and information
concerning individuals.
A. Confidentiality
It shall be Grantee's responsibility to keep all State records and information confidential at all times
and to comply with all laws and regulations concerning confidentiality of information to the same
extent applicable to the State. Any request or demand for information in the possession of Grantee
made by any third party 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
confidential information that they are 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 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 the Grant and as approved 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 set forth in this Grant and
approved by the State.
D. Disclosure -Liability
Disclosure of State records or other confidential information for any reason may be cause for legal
action against Grantee or its agents by third parties, and defense of any such action shall be
Grantee's sole responsibility.
11. CONFLICT OF INTEREST
A. Definition and Appearance
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 or relationships that reasonably appear to be in conflict with
the full performance of Grantee's obligations to the State hereunder. Grantee shall comply with the
provisions of CRS §§18-8-308 and 24-18-101-109.
B. Specific Prohibitions
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
Grantee's and sub -grantee's officers, employees, or agents shall neither solicit nor accept gratuities,
favors, or anything of monetary value from Grantee, potential Grantees, or parties to sub -
agreements. Grantee's employees, officers, and agents or any permitted sub -grantee shall not
participate in the selection, award, or administration of this Grant or sub -grant if a conflict of
interest or the appearance thereof would occur. Such a conflict would arise when any of the
following has a financial or other interest in the firm selected for award, but is not limited to: (i) an
employee, officer or agent; (ii) any member of the employee's immediate family; (iii) an employee's
partner; or (iv) an organization, which employs, or is about to employ, any of the aforementioned.
C. Determination by State -Default
If Grantee is uncertain whether 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 shall be considered a material default of this Grant.
D. Code of Performance
Grantee and sub -grantees and subcontractors, if any, shall maintain a written code of standards
governing the performance of their respective employees, agents, and contractors engaged in the
award and administration of this Grant. Grantee shall provide a copy of such code to the State
within 10 days of the State's written request therefor.
12. REPRESENTATIONS AND WARRANTIES
The Parties make the following specific representations and warranties to each other, upon which
each is relying in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder, including in accordance with the highest
professional standard of care, skill and diligence and in the sequence and manner set forth in this
Grant.
B. Inspection and Verification
The State reserves the right to inspect and monitor Grantee's performance hereunder at all
reasonable times and places to verify that they conform to the requirements of this Grant. If
Grantee's performance does not conform to the stated requirements, the State may require Grantee to
promptly bring its performance into conformity with the stated requirements, at Grantee's sole
expense. If the Project cannot be brought into conformance by corrective measures, the State may
require Grantee to take necessary action to ensure that future performance conforms to stated
requirements and exercise the remedies available under this Grant, at law or in equity in lieu of or in
conjunction with the preceding measure.
C. 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 part thereof, and to bind
Grantee to its terms. The person(s) executing this Grant on behalf of Grantee warrant(s) that such
person(s) has full authorization to execute this Grant. 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.
D. 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, approval, 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
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
adjustment in grant funding. Additionally, all employees of Grantee performing services under this
Grant shall hold the required licenses or certification, if any, to perform their responsibilities.
Grantee, if a foreign corporation or other entity transacting business in the State of Colorado, further
certifies that it currently has obtained and shall maintain any applicable certificate of authority to do
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 default by Grantee and grounds for termination of this
Grant.
E. Breach
If Grantee breaches any of its representations or warranties, the State may require Grantee to
promptly perform its obligations again in conformity with this Grant's requirements, at no additional
cost to the State. If such breaches cannot be, or are not cured, the State may, in addition to any other
remedies provided for in this Grant, require Grantee to take necessary action to ensure that future
performance conforms to the provisions of this Grant; and equitably reduce the payment due to
Grantee to reflect the reduced value of the Project. Any reduction, delay or denial of payment under
this provision shall not constitute a breach of this Grant or default by the State.
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 Governmental Immunity Act"), 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 such Act.
Grantee shall show proof of such insurance satisfactory to the State, if requested by the State.
Grantee shall require each contract with a sub -grantee which is a public entity, providing Goods
or Services in connection with this Grant, to include the insurance requirements necessary to
meet sub -grantees liabilities under the Act.
ii. Non -Public Entities
If Grantee is not a "public entity" within the meaning of the Governmental Immunity Act,
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 -contractors which are not
"public entities".
B. Sub -contractors
Grantee shall require each contract with a sub -contractor, 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
Worker's Compensation Insurance as required by State statute, and Employer's
Liability Insurance covering all of 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
contractors, products and completed operations, blanket contractual liability, personal
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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-
contractor 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 contracts require additional
insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or
equivalent).
v. Primacy of Coverage
Coverage required of the sub -grantee 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 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's
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 each of the sub -grantees shall provide certificates showing insurance coverage required
hereunder to the State within seven business days of the Effective Date of this Grant, but in no event
later than the commencement of the Services or delivery of the Goods under this Grant. No later than
15 days prior to the expiration date of any such coverage, each sub -grantee shall deliver to Grantee
certificates of insurance evidencing renewals thereof upon request by the State or at any other time
during the term of a sub -contract, Grantee may request in writing, and the sub -grantee shall
thereupon within 10 days supply to Grantee, evidence satisfactory to Grantee and the State of
compliance with the provisions of this section.
14. BREACH
A. Defined
In addition to any breaches or defaults 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 default or breach. The institution of proceedings under any
bankruptcy, insolvency, reorganization or similar legislation, 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
default.
B. Notice and Cure Period
In the event of a default or 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 default or breach is not cured within 30 days
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
of receipt of written notice or, if a cure cannot be completed within 30 days, cure of the default or
breach has not begun within said period and pursued with due diligence, the aggrieved Party may
terminate this Grant by providing written notice thereof, as provided for herein, specifying the
effective date of the termination. 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
If Grantee is in default or breach under any provision of this Grant, the State shall have all of the
remedies listed in this section in addition to all other remedies set forth in other sections of this Grant.
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 Default
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 the termination notice, Grantee shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall also
terminate outstanding orders and sub -contracts 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 -contracts. 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. In 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 -contracts.
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 received up to the date of
termination. If, after termination by the State, it is determined that Grantee was not in default 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 default under this section 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. Further, the State may withhold amounts due to Grantee as the State deems
necessary to protect the State against loss because of outstanding liens or claims of former lien
holders and to reimburse the State for the excess costs incurred in procuring similar goods or
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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 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 be deemed 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 default by Grantee, which shall be governed by the provisions herein.
i. Method and Content
The State shall notify Grantee of the termination in accordance with §16, specifying 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 in furtherance of the public interest of the State of
Colorado, 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 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 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 the State:
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. Withhold Payment
Withhold payment to Grantee until corrections in services are satisfactorily completed and /or
acceptable goods are provided.
iii. Deny Payment
Deny payment for those Services not performed and/or Goods not provided and which due to
circumstances caused by Grantee cannot be performed or provided or, if performed or provided,
would be of no value to the State; provided, that any denial of payment shall be reasonably
related to the value of work, performance or Goods lost to the State.
iv. Removal
Demand removal of any of Grantee's employees, agents, or sub -grantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best
interest.
v. Intellectual Property
If Grantee's Work and/or products and services related thereto infringe on a patent, copyright,
trademark, trade secret or other intellectual property right, Grantee shall, at the State's option (i)
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
obtain for the State or Grantee the right to use such products and services; (ii) replace the
products and services with non -infringing products or modify the products so that they become
non -infringing; or, if neither of the foregoing alternatives are reasonably available, (iii) remove
the infringing products and services and refund the price paid therefore to the State.
vi. Termination Due To Modification in Funding
In the event this Grant is modified pursuant to the conditions identified in §§ 6.C "Statement of
Work" or 7.C "Payment Contingency" of this Grant, and the modification causes a substantial
reduction of funding so that Grantee determines it can no longer perform the services and
obligations required under this Grant, then Grantee may terminate this Grant. Termination
notice by Grantee shall be provided as defined below in §16 "Notices and Representatives" of
this Grant and submitted to the State 90 days in advance of the effective date of termination.
The State, after receipt of the termination notice and prior to the effective date of the
termination, shall negotiate with Grantee all closeout items as defined in the relevant Program
Guidance Letters (PGLs) issued by 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"' Street, Suite 1100
Denver, CO 80202-3631
303.318.8054
lisa.eze@state.co.us
with a copy to:
B. Grantee:
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. herbertson @state.co.us
Bill Garcia, Chair
The Board of County Commissioners of
Weld County
P.O. Box 758
915 10th Street
Greeley, CO 80632-0758
970.336.7204
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Department: KAA
Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
with a copy to
wgarcia@co.weld.co.us
Employment Services of Weld County
Linda Perez, Director
P.O. Box 1805
1551 North 17th Avenue
Greeley, CO 80632-1805
970.353.3800x3363
Iperez@co.weld.co.us
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
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 not use, willingly allow, cause or
permit such Work Product to be used for any purpose other than the performance of Grantee's
obligations hereunder without the prior written consent of the State.
18. 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 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.
19. RIGHTS IN DATA 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
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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. The State shall have unlimited rights to any data first produced or delivered under this Grant.
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.
20. 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.
21. ASSURANCES
A. Compliance with Federal Law
In addition to the Standard Assurances in Exhibit J, 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)(I) 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
Hi. 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-110 and A-122, and 48 CFR Part 31.
x. 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
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
Code 38, Chapters 41 and 42, 20 CFR 1001,120, 29 CFR 1010, Public Law 107-288 Jobs
for Veterans Act of 2002, and the Wagner-Peyser Act of 1933.
xi. 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.
xii. 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.
xiii. 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 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.
22. CERTIFICATIONS'.
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
'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 20 of 26
Department: KAA
Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
Exhibit G Tobacco Free Certification
Exhibit J Standard Assurances
23. LEGAL AUTHORITY
The Parties warrant that each possesses actual, legal authority to enter into this Grant. The Parties
further warrant that each has taken all actions required by its applicable law, procedures, rules, or by-
laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant
and bind that party to its terms. The person or persons signing this Grant, or any exhibits or
amendments attached hereto, also warrant(s) that such person(s) possesses actual, legal authority to
execute this Agreement, and any exhibits or amendments attached hereto, on behalf of that party.
24. 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.
25. 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 §25 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
contracts and inclusion of contract performance information in a statewide Grant management system.
Grantee's performance shall be subject to Evaluation and Reviewin 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 Contract 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 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 CDLE, 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.
26. GENERAL PROVISIONS
Page 21 of 26
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
A. Assignment
Except as otherwise specifically provided in this Grant, Grantee's rights and obligations hereunder
are personal and may not be transferred, assigned or subcontracted, without the prior, written consent
of the State. Any attempt at assignment, transfer, subcontracting without such consent shall be void.
All assignments, subcontracts/sub grantees approved by Grantee or the State shall be subject to the
provisions hereof. Grantee shall be solely responsible for all aspects of subcontracting arrangements
and performance.
B. Binding Effect
Unless otherwise provided herein, 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 addition, deletion, or other amendment hereto shall not have any
force or affect whatsoever, unless embodied herein.
F. Indemnification
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, subcontractors, or assignees pursuant to the terms of this Grant.
[Applicable Only to Intergovernmental Contracts] 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,
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. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and the
Parties herby agree that exclusive venue shall be in the City and County of Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Grant, no modification of this Grant
shall be effective unless agreed to in writing by both parties in an amendment to this Grant,
properly executed and approved in accordance with Colorado State law and State Fiscal Rules.
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
Page 22 of 26
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
i. Colorado Special Provisions, Pages 26-27
ii. The provisions of the main body of this Grant, Pages 1-26
iii. Exhibit A, Funding Provisions
iv. Exhibit B, Local Workforce Development Plan (Local Plan)
v. Executed Notice of Fund Availability Letter(s)
vi. Executed Expenditure Authorization Document(s)
vii. Attachments C through 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, et 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.
Page 23 of 26
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
27. 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 contract 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 GRANTEE
Grantee shall perform its duties hereunder as an independent contractor 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 be 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 contract. 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 contract. 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 contract, 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 contract 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 contract
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
Page 24 of 26
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
provision, the State may exercise any remedy available at law or in equity or under this contract,
including, without limitation, immediate termination of this contract 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 contract. 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.
[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 CONTRACTS FOR SERVICES. CRS §8-17.5-101.
[Not Applicable to Agreements relating to the offer, issuance, or sale of securities, investment
advisory 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 employ or contract with an illegal alien who shall perform work under
this contract and shall confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, 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 contract with an illegal alien to perform work under this contract or
enter into a contract with a subcontractor that fails to certify to Grantee that the subcontractor shall
not knowingly employ or contract with an illegal alien to perform work under this contract. Grantee
(a) shall not use E -Verify Program or State program procedures to undertake pre -employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor
and the contracting State agency within three days if Grantee has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting 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 contracting 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 contracting State
agency, institution of higher education or political subdivision may terminate this contract for
breach and, if so terminated, Grantee shall be liable for damages.
L. 12. PUBLIC CONTRACTS 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 contract.
SPs Effective 1/1/09
Page 25 of 26
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
28. SIGNATURE PAGE
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
Board of County Commissioners
Of Weld County
By: William F. Garcia n
Title: Chair
STATE OF COLORADO
Bill Ritter, Jr. GOVERNOR
Colorado Department of Labor and Employment
Don . Mares, Executive Director
* Stgnature
MAY 1 0 2009
Date:
!/ eggy S. Herbertson, Director
ision of Employment and Training
ignatory avers to the State Controller or delegate that
Grantee has not begun performance or that a Statutory
Violation waiver has been je�quueested under Fiscal Rules
Date: i��1 g r
2nd Grantee Signature if Needed
By:
Title:
LEGAL REVIEW
John W. Suthers, Attorney General
By: WAIVER /1142
Signature - Assistant Attorney General
Date: S 0 9
*Signature
Date:
I3y:
re -Approved Contract eviewer
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.
STATE CONTROLLER
id J. MdflermolN, CPA
By:
41•M
Shawn G. Milne
State Contrpller pelegate
Date:
Page 26 of 26
,9CC r-//77
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
PART I - GRANT REQUIREMENTS
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.
A. GENERAL REQUIREMENTS
1.1 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.
1.2 Performance Measures: Pursuant to §136 of the WIA, Grantee is accountable for the core
indicators of performance outlined in the approved local plan.
1.3 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: 1) describing the number of individuals served under each
program, the services provided, and challenges met in the successful delivery of those services; 2)
identifying notable accomplishments of local employment and training programs; and 3) highlighting
"best practices" applied in local workforce investment activities. Grantee shall also provide any
supplemental information as required by applicable Program Guidance Letters.
1.4 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;
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.
1.5 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.
Page 1 of 20
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
Pursuant to Section 4.4 of the Grant , Grantee shall follow all pertinent Program Guidance Letters issued
by the State concerning grievance procedures.
1.6 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).
1.7 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.
1.8 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.org to help set up ePortfolios for WIA enrolled
participants.
A.1.9 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)
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 H - PROGRAM REQUIREMENTS
A. WAGNER-PEYSER (90%) - EMPLOYMENT SERVICES
1.1 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.
Page 2 of 20
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
1.2 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.
1.3 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 Joblink with staff assistance must have veterans' priority of
service applied. Staff will apply veterans' priority of service by using the Joblink automated file
search and the Integrated Voice Response (IVR) system or manual telephone call referrals when
necessary. Job orders taken by workforce center staff shall be placed on hold when entered into
Joblink 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.
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.
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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).
i. 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.
1.4 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;
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.
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e. Provide technical assistance to the workforce region, including training recommendations, upon
request or, on an as -needed basis.
1.5 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 I.
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
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.
f 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
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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.
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
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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.
1.6 Subcontracting: Wagner—Peyser Funded programs shall not be subcontracted out unless the
programs are implemented under a Merit System as defined within §I.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
1.1 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.
1.2 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.
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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.
1.3 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 fee for job placement;
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 ft).
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1.4 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
1.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al.,
effective August 7, 1998.
1.2 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).
1.3 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;
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;
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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.
1.4 Restrictions on Funding: Pursuant to 20 CFR 667.107(b) for the Workforce Investment Act,
funds allocated by the State to Grantee under the WIA §§128(b) and 133(6), 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
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
1.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al.,
effective August 7, 1998.
1.2 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.
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1.3 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.
1.4 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;
i. 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.
1.5 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.
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1.6 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.
1.7 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
1.1 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.
1.2 Purpose of Funding: Enhanced Dislocated Worker/Rapid Response funds are disbursed to the
grantee, pursuant to the W1A §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.
1.3 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
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.
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1.4 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
1.1 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.
1.2 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
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.
1.3 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:
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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 self-sufficiency 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.
1.4 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
1.1 Statutory Reference: Workforce Investment Act of 1998, §§128 through 136
1.2 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.
1.3 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;
Page 14 of 20
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
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 § I34(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 W IA § 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 § 134(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).
1.4 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. Youth Discretionary funds shall not
be used to develop or implement education curricula for school systems in the State of Colorado.
II. VETERANS EMPLOYMENT REPRESENTATIVES
1.1 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.
1.2 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).
Page 15 of 20
Routing No.: 101C4A 00008
Exhibit A
PY09 FUNDING PROVISIONS
1.3 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. UNEMPLOYMENT INSURANCE STAFF
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).
J. MIGRANT SEASONAL FARM WORKER PROGRAM
1.1 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.
K. WORKFORCE INNOVATION IN REGIONAL ECONOMIC DEVELOPMENT
INITIATIVE (WIRED Initiative)
1.1 Statutory Reference: H-1 B fees as authorized under §414 (c) of the American Competitiveness
and Workforce Improvement Act (P.L. 105-277, title IV), as amended.
The Colorado Department of Labor and Employment (CDLE) has been awarded by the United States
Department of Labor Employment and Training Administration (DOLETA) a federal grant award for the
"Workforce Innovation in Regional Economic Development" (WIRED) Initiative for the Denver
metropolitan region.
1.2 Purpose of Funding: The WIRED Initiative is designed to support the development of a
regional, integrated approach to workforce and economic development and education. The ultimate goal
of WIRED is to expand employment and advancement opportunities for American workers and catalyze
the creation of high -skill and high -wage jobs.
Page 16 of 20
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
1.3 Required Program Elements:
a. Grantee shall make available through the One -Stop delivery system all services provided pursuant
to the WIRED Project Proposal(s). Grantee shall coordinate, develop, implement, and manage workforce
development activities to complete the deliverables and achieve the goals and objectives identified in the
WIRED Project Proposal. The WIRED Project Proposal(s) shall be attached to the Expenditure
Authorization document executed for these funds.
b. Reporting Requirements Specific to WIRED Funds. In addition to complying with the reporting
requirements in the body of the Grant Agreement, Part 2 - Administrative Standards And Procedures,
Section 2.3, Grantee shall comply with the following Reporting Requirements specific to any WIRED
Project funds. Unless otherwise noted, all reports shall be submitted to the State's WIRED Initiative
Project Coordinator, Workforce Development Programs, 633 17th Street, Suite 700, Denver, CO 80202.
1. Performance Outcomes. Grantee shall collect, maintain, and report performance and
outcome data as required by the WIRED Project Proposal(s) by using the "Joblink" system (i.e. the case
management, tracking and reporting system that serves Colorado statewide in all of the Workforce
Centers and associated statewide programs and that provides the ability for the Workforce Centers and
their partners to track all Federal, State, and Local programs in one common database). Grantee is
responsible for populating the Joblink database in order to track WIRED Project performance outcomes.
2. Quarterly Progress Reports. Within twenty (20) days after the end of each calendar
quarter, Grantee shall submit a Quarterly Progress Report to the State's designated WIRED Initiative
Project Coordinator. Each Quarterly Progress Report shall include updates on and details of events,
accomplishments, issues, challenges and outcomes. The Quarterly Progress Reports shall provide a
detailed account of activities undertaken during the completed quarter and shall include at minimum the
following:
• In-depth information on accomplishments including project success stories, upcoming grant
activities, and promising approaches and processes.
• Progress toward performance outcomes, including updates on product, curricula, and training
development.
• Challenges, barriers, or concerns regarding project progress.
• Financial Obligation rates and expenditure rates
• Any failures in implementation of required scope of services, including any canceled subcontracts
due to failures of subgrantees to perform adequately.
• Lessons learned in the areas of project administration and management, project implementation,
partnership relationships, and other related areas.
• A chart showing completed deliverables for which cost reimbursement has been requested.
• A chart identifying all subcontracts, including the name of subgrantees, subcontract award
amounts, a brief statement of the subcontract statement of work, and completed deliverables
under the subcontracts.
• A summary of any key decisions made by the local workforce investment board (LWIB) and an
explanation of the impact these decisions have on the Project outcomes.
• The financial status of the project, identifying expenditures for the quarter reported on, and
showing cumulative, planned versus actual expenditures. Grantee shall include an explanation of
Page 17 of 20
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
its Obligation and Expenditure Rates, including any issues impacting the targeted expenditures
rates.
3. Final Report. A final report shall be submitted to the State upon close-out of the grant
period of performance. That report shall summarize project activities, employment outcomes, challenges,
successes, results of the project, and it shall thoroughly document the effectiveness of the WIRED
Initiative in enhancing the regional economy. At minimum, the Final Report shall include:
• Project overview: Introduction, Background and Need for the Project
• Detailed description of the Grant Deliverables
• Partnerships
• Chart of expenditures
• Accomplishments, Challenges, Successes
• Issues, Concerns and/or Problems
• Promising Practices/ Lessons Learned
• Web shots, Links, Photos, Handouts, outreach materials, power points and/or any other media
used in the project
• Formative, Comparative, and/or Summative Analysis of Project
c. Rights In Distribution Of Data, Documents, And Materials Specific to the WIRED Initiative. The
United States Department of Labor Employment and Training Administration (DOLETA), the State, and
Grantee shall have the right to use and distribute all materials developed with grant funds, such as,
training models, curriculum, technical assistance products, etc. Materials developed with grant resources
are in the public domain; therefore, DOLETA, the State, and Grantee have the right to use, reuse, modify,
and distribute all grant -funded materials and products to any interested party, including broad distribution
to the public workforce investment system via the Internet or other means.
d. Public Announcements. When issuing statements, press releases, requests for proposals, bid
solicitation, and other documents describing project or programs funded in whole or in part with WIRED
Initiative funds, Grantee shall clearly state the percentage of the total cost of the WIRED Initiative
programs and projects which are financed with these funds and the dollar amount of funding provided
under this Grant. Public announcements should include a statement referencing the percentage (%) of
each project that is funded by the WIRED Grant. For example: "This project is funded 100% by the
Workforce Innovation in Regional Economic Development (WIRED) Grant issued to the State of
Colorado by the United States Department of Labor/Employment and Training Administration, Division
of Federal Assistance", or something similar.
e. 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, et seq., C.R.S. (2006), and 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.
f. Curriculum Development and Intellectual Property. Curriculum development to provide the
foundation of training in new or emerging occupations is an allowable use of the WIRED funds provided
that such curriculum is tied to specific identified needs and actual jobs within the regional economy. For
example, these may be new employment opportunities or curriculum developed to upgrade the skills of
incumbent workers. The rules governing intellectual property and Rights in Distribution of Data,
Page 18 of 20
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
Documents, and Materials will apply to any curriculum developed in whole or in part with WIRED
funds. The Uniform Administrative Requirements [29 CFR 97.34] specify that such materials may be
copyrighted and remain the property of the organization that developed the curriculum, but, as they have
been developed with federal grant funds, the federal government retains a nonexclusive irrevocable right
to distribute, disseminate and otherwise use the materials. In addition, 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 for the costs of obtaining a copy which are limited to the developer/seller costs of copying and
shipping. If revenues are generated through selling products developed with grant funds, these revenues
are program income and their use is specified in the Uniform Administrative Requirements at 29 CFR
97.25 and 29 CFR 95.24. Program income is added to the Grant and must be expended for allowable
Grant activities.
g. Federal Executive Order 12928. In compliance with Presidential Executive Order 12928, Grantee
is strongly encouraged to provide subcontracting opportunities to Historically Black Colleges and
Universities and other Minority Institutions (MIs), such as, Hispanic Serving Institutions and Tribal
Colleges and Universities, and to Small Businesses Owned and Controlled by Socially and Economically
Disadvantaged Individuals.
1.4 Restrictions on Funding:
a. Publicity. No funds provided under this WIRED Grant Agreement shall be used for publicity or
propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication,
radio, television or film presentation designed to support or defeat legislation pending before Congress,
except in the presentation to the Congress itself. Nor shall funds be used to pay the salary or expenses of
any grant recipient or agent acting for the grant recipient related to any activity designed to influence
legislation or appropriations pending before Congress.
b. WIRED Initiative funds shall be used only for the stated purpose identified in the WIRED project
proposal. Any modification to the budget or performance outcomes/performance measures identified in
the WIRED Project Proposal shall be reviewed and approved by the State's WIRED Initiative Project
Coordinator prior to making such any modifications. Such modifications shall be memorialized in a
formal, executed Expenditure Authorization modification document and shall be subject to the grant
modification guidelines pursuant to this Grant and any applicable program guidance letters. Modifications
to the Statement of Work in the WIRED Project Proposal shall be agreed to in writing by both the State
and Grantee in an amendment to this Grant that has been previously executed and approved in accordance
with applicable law.
1.5 Subcontracting: Grantee shall not subcontract the performance of any part of its duties related to
the WIRED Initiative funds provided under this Grant except in accordance with the WIRED Project
Proposal or with the prior written consent of the State approving the subcontractor and subcontractor(s)'
activities.
L. TRADE ADJUSTMENT ASSISTANCE (TAA)
1.1 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.
Page 19 of 20
Routing No.: 10 KAA 00008
Exhibit A
PY09 FUNDING PROVISIONS
1.2 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 administrative expenses and costs related to
providing employment and case management services for TAA eligible participants.
1.3 Required Program Elements:
a. Grantee shall use the funds to cover administrative expenses related to processing waivers of
training requirements under §231; administrative expenses related to collecting, validating, and
reporting data required by Chapter 2 of Title II of the Trade Act of 1974; and the expenses related
to providing employment and case management Services.
b. After eligibility of participants has been determined by the State, Grantee shall register the
participants into the Joblink database and enroll them into the TAA Program.
c. 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.
d. Grantee shall provide employment 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: (1) 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."
1.4 Restrictions on Funding: Program funds shall only be used for participant services and shall not
be used to cover administrative costs and/or employment and case management expenses. However,
administrative funds provided for administration and/or employment and case management services may
be used to cover program costs.
Page 20 of 20
Workforce Investment Act
Attachment B
Local Plan
Workforce Region
Name: Weld County
Address: P.O. Box 1805
Greeley, Colorado 80632-1805
This Attachment B provides the Local Plan required under the Workforce Investment Act of
1998 (WIA) for implementation starting in Program Year 2009. 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, 2009 for Program Year 2009-2010.
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 1 of 1
Attachment C
Grant Agreement # 10 KAA 000XX
EXPENDITURE AUTHORIZATION (EA)
Signature Page
Workforce Region:
Address:
Program/Project Coordinator:
Phone Number:
EXPENDITURE AUTHORIZATION SUMMARY
This Expenditure Authorization (EA) covers the following Funding Streams:
Program Year:
Funding Stream:
$
Program Year:
Funding Stream:
$
Program Year:
Funding Stream:
$
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
Chair, Board of County Commissioners
Local Workforce Investment Date
Board, Chair Title:
By:
Peggy S. Herbertson Date
Director, Division of Employment and Training
Colorado Dept. of Labor and Employment
By:
Date
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 I of 8
Attachment C
Grant Agreement # 10 KAA 000XX
EXPENDITURE AUTHORIZATION (EA)
Request Page
If applicable: Date of Modification
I. BUDGET INFORMATION/NARRATIVE:
Include the appropriate Budget Information Summary Table (BIST) here. If this is an EA
Mod cation, the BIST should reflect the budget modification with changes highlighted
II. SCOPE OF WORK:
III. MODIFICATION(S) REQUESTED, RATIONALE FOR MODIFICATION, and
PROGRAM IMPACT:
IV. REVISED GOALS, OBJECTIVES, and OUTCOMES:
V. REVISED PLANNED PARTICIPATION AND TERMINATION SUMMARY:
BUDGET INFORMATION SUMMARY TABLES (BISTs)
The following BIST is an example for the Adult program. This model would also be used for the
Dislocated Worker (DW) or 25% Enhanced Dislocated Worker Programs. You need to
MODIFY THE BIST AS APPLICABLE by replacing DW for adult if this is a Dislocated
Worker BIST, etc.
Funding Stream: PY09 Adult
Period of Performance: 7/1/09 - 6/30/11
Original Allocation:
$000,000.00
Vax #
Original Program Budget:
$0,000.00
Original Admin Budget:
50.00
Transfer In (+):
$00.000
From Fund Year and Name:
Transfer Out (-):
($00.00)
To Fund Year and Name:
Cost Category
Current
Budget
Transfer In/Out (+/-)
Revised Budget
Admin
$0.00
$0.00
Program
$0.00
$0.00
% Set -Aside Project
$0.00
$0.00
DW-Admin (transfer in)
$0.00
$0.00
DW-Program (transfer in)
$0.00
50.00
25% Enh DW Admin (transfer in)
$0.00
50.00
25% Enh DW Prog (transfer in)
$0.00
$0.00
Total Program
$0.00
$0.00
Page 2 of 8
Attachment C
Grant Agreement ti 10 KAA 000XX
Use the following for the Youth Program. Modify the GIST as applicable:
Note: The Out -of -School budget amount should be at least 30% of your total Program budget.
Funding Stream: PY09 Youth
Original Allocation:
Original Program Budget:
Cost Category
Admin
Out -of -School
In -School
Set -Aside Project
Total Program
Period of Performance: 7/1/09 - 6/30/11
$000,000.00
$0,000.00
Current
Budget
$0.00
$0.00
$0.00
$0.00
$0.00
Original Admin Budget:
Changes In/Out (+/-)
Vax #
$0,000.00
Revised Budget
$0.00
$0.00
$0.00
$0.00
$0.00
Use the following for Miscellaneous Funding: Wagner Peyser, Employment Support Fund (ESF),
LVER, DVOP, UI Staff, Rapid Response, and any Wagner-Peyser 10% Discretionary or WIA 10%
Discretionary grants.
Note: There is no Administration Cost Category for these grants.
Funding Stream:
PY09 Name of Grant
Original Allocation:
Cost Category
Program Expires 6/10
Program Expires xx/XX
Total Program
Period of Performance:
Revised Period of Performance:
$000,000.00
Current Budget
$0.00
$0.00
$0.00
Changes In/Out (+/-)
Vax
Revised Budget
$0.00
$0.00
$0.00
Page 3 of 8
Attachment C
Grant Agreement # 10 KAA 000XX
Projected Quarterly Expenditures — Cumulative for PY09
Workforce Region:
Funding Stream: WIA Adult (include all years of Adult funding (add in PY09/FY10 funds when
receivedlthat will be spent during PY09)
Expenditures
1st Quarter Projections
July 1 to September 30
2nd Quarter Projections
October I to December 31
3rd Quarter Projections
January I to March 31
4th Quarter Projections
April 1 to June 30
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 Ladd in
PY09/FY10 funds when receivedl that will be spent during PY09)
Expenditures
1st Quarter Projections
July 1 to September 30
2nd Quarter Projections
October 1 to December 31
3rd Quarter Projections
January 1 to March 31
4th Quarter Projections
April 1 to June 30
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 PY09)
Expenditures
1st Quarter Projections
July 1 to September 30
2nd Quarter Projections
October 1 to December 31
3rd Quarter Projections
January I to March 31
4th Quarter Projections
April I to June 30
Administration
Program
Total
Carry In/Carry Out
N/A
N/A
Funding Stream:
Wagner-Peyser
Expenditures
1st Quarter Projections
July 1 to September 30
2nd Quarter Projections
October I to December 31
3rd Quarter Projections
January 1 to March 3 I
4th Quarter Projections
April 1 to June 30
Program
Carry In/Carry Out
N/A
N/A
Funding Stream:
NAME OF FUNDING STREAM
Expenditures
1st Quarter Projections
Enter quarter date range in
which the grant begins
2nd Quarter Projections
Enter the second quarter
date range of the grant
3rd Quarter Projections
Enter the third quarter
_ date range of the grant
4th Quarter Projections
Enter the fourth quarter
date range of the grant
Administration +
Program
**Add another chart to cover all quarters of the Set -Aside or Discretionary Grant Project.
Page 4 of 8
Attachment C
Grant Agreement # 10 KAA 000XX
PLANNED PARTICIPATION AND TERMINATION SUMMARY - CUMULATIVE
1 Workforce Region: I Program and Year: PY09 WIA Adult
In each category, indicate the total cumulative number of Adults to be served with all years of WIA Adult funds being spent
during PY09. Submit a revised chart when changes in planned expenditures occur.
CATEGORY
1ST QUARTER
July 1 to
September 30
2ND QUARTER
October I to
December 31
3RD QUARTER
January I to
March 31
4TH QUARTER
April I to
June 30
Total Participants*
Carry In*
Enter total carry in
from first quarter here
Enter total carry, in from
first quarter here
Enter total cant' in
from first quarter here
New*
Total Exiters*
Carry Out
N/A
N/A
N/A
Entered Employment Rate"
86"x°
Employment Retention Rate"
86°x*
Average Earnings/Wage**
$10.900
PLANNED PROGRAM ACTIVITIES - CUMULATIVE
CATEGORY
1ST QUARTER
July 1 to
September 30
2N1) QUARTER
October 1 to
December 31
3RD QUARTER
January 1 to
March 31
4TH QUARTER
April I to
June 30
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 5 of 8
Attachment C
Grant Agreement # 10 KAA 000XX
PLANNED PARTICIPATION AND TERMINATION SUMMARY - CUMULATIVE
I Workforce Region:
In each category, indicate the total cumulative number of Dislocated Workers to be served with all years of WIA DW and
Enhanced DW funds being spent during PY09. Submit a revised chart when changes in planned expenditures occur.
Program and Year: PY09 Dislocated Worker
CATEGORY
1ST QUARTER
July 1 to
September 30
2ND QUARTER
October I to
December 31
3RD QUARTER
January I to
March 31
4TH QUARTER
April I to
June 30
Total Participants*
Carry In*
Enter total carry in
from first quarter here
Enter total carry in
from first quarter here
Enter total carry in from
first quarter here
New*
Total Exiters'
Carry Out
N/A
N/A
N/A
Entered Employment Rate"
91%
Employment Retention Rate"
92.5%
Average Eamings/W age * *
S15,000
PLANNED PROGRAM ACTIVITIES - CUMULATIVE
CATEGORY
1ST QUARTER
July I to
September 30
2ND QUARTER
October I to
December 31
3RD QUARTER
January 1 to
March 31
4TH QUARTER
April 1 to
June 30
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 6 of 8
Attachment C
Grant Agreement # 10 XAA 000XX
PLANNED PARTICIPATION AND TERMINATION SUMMARY - CUMULATIVE
Workforce Region: I Program and Year: PY09 All 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 PY09. Submit a revised chart when changes in planned expenditures occur.
CATEGORY
Total Participants*
Carry In*
New*
1ST QUARTER
July Ito
September 30
2ND QUARTER
October I to
December 31
Enter total carry In
from first quarter here
3RD QUARTER
January I to
March 31
Enter total carry in
from first quarter here
4TH QUARTER
April Ito
June 30
Enter total carry in
from first quarter here
Total Exiters*
Carry Out
Placement in Employment
or Education**
Attainment of a Degree or
Certificate**
Literacy & Numeracy
Gains**
N/A
N/A
N/A
57%
36%
22%
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 PY09 enrollments).
** CDLE uses the JobLink WIA Common Measures Report (CO) to track plan versus actual for this item.
Page 7 of 8
Attachment C
Grant Agreement # 10 KAA 000XX
PLANNED PARTICIPATION AND TERMINATION SUMMARY - CUMULATIVE
Workforce Region:
I Program and Year: PY09 Wagner-Peyser
In each category, indicate the total cumulative number to be served with all years of Wagner-Peyser funds being spent
during PY09. Submit a revised chart when changes in planned expenditures occur.
CATEGORY*
1ST QUARTER
July l to
September 30
2NDQUARTER
October I to
December 31
3RD QUARTER
January 1 to
March 31
4TH QUARTER
April I to
June 30
Total Participants
Entered Employment Rate
64%
Employment Retention Rate
81%
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. CDLE uses the Employers Served report found on Connecting Colorado -Reports -Other Queries
to track planned versus actual for Total Employers Served.
Page 8 of 8
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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.
Page 1 of 2
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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.
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
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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.
Page 1 of 2
Department.: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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 2 of 2
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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 1
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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 1 of 1
Attachment 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 REOUEST FORM - A cash request form is a printout of the Cash Request screen in the Vax financial system
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. e-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 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
Page 1 of 4
Attachment H
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 - An expenditure authorization commitment document (EA) 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 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. WIRED, SECTRS, 10% Youth Discretionary Grants, etc. 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 (MSFWl - 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.
very is 18. ONE-STOP
of ntit ess espons ble forseparatee- seamlss system of service two workforce developmentfunding tcreated through the
sources. coll19. 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.
Page 2 of 4
Attachment H
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 s nothe Workforce Investm nt Act or other nFederal laws and regulationsland those program -specific r
indicators
negotiated at the State and Local levels.
22. PERSON WITH A DISABILITY - An individual who: has a physical (motion, vision, hearing) or mental (teaming
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 LETTERS - Program Guidance Letters (PGL's) are ddocuments 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 (PY09) 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 (PY09) is overlapped by the Federal Fiscal year 2010 (FY10).
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 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 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 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 qalified raining s: I) universal pefic targeting programs that foccusgonraccess do t argroups; certain groups but arenot mandated toservetarges
tg oup e 2)
members
discretionary
Page 3 of 4
Attachment H
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 by the Governor.
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
Executive Director
PEGGY S. HERBERTSON
Director, Division of
Employment and Training
Month Day, Year
DIVISION OF EMPLOYMENT AND TRAINING
633 17th Street, Suite 1200
Denver, CO 80202-3660
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:
Attachment I
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:
PYXX WIA Adult (period of performance x/x/xx through x/x/xx) $xxx,xxx.00
PYXX WIA Youth (period of performance x/x/xx through x/x/xx) $xxx,xxx.00
PYXX WIA Dislocated Worker (period of performance x/x/xx through x/x/xx) $xxx,xxx.00
PYXX Wagner-Peyser (period of performance x/x/xx through x/x/xx) $xxx,xxx.00
Pursuant to the Grant Agreement #[FY-xxxx routing number], the Grantee must submit to the State an
Expenditure Authorization requesting authorization to expend or deobligate these funds. The attached
Fund Availability Summary for all funding sources provided under Grant Agreement #[FY-xxxx routing
number] shows the Total Funding Availability for Program Year [xxxx].
The maximum funding for XXXX County under Grant Agreement #[FY-xxxx routing number] may not
exceed XXX Thousand XXX Hundred Dollars ($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.
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 1 of 2
Notice of Fund Availability Letter
Attachment I
Fund Availability Summary
Workforce Region: ******* County
Program Year and Total Amount of Funds: PYxx
Funding Source
Vax #
CFDA#
Original Allocation
Increase/Decrease
Total Allocation
WIA - Adult
17.258
WIA - Youth
17.259
WIA - Dislocated Worker
17.260
Wagner- Peyser
17.207
TOTAL
Page 2 of 2
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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. 8794), 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-
Page 1 of 4
Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
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 0) 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.
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 Hours
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
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Department: KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), HO 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.
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 t
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
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Department KAA Workforce Development Programs for Weld County Grant Routing No.: 10 KAA 00008
(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
It financially assisted program or activity. The Grantee understands that the United States has the right
to seek judicial enforcement of this assurance.
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