HomeMy WebLinkAbout20081181.tiff RESOLUTION
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, 2008, and ending June 30, 2011, 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 23rd day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: , IE
. Jerke, Chair
Weld County Clerk to the Board 1861 1e
O f .Bo# 7s. - .-n, Pro-Tem
BY:
Deput'• Clerk to the Board
--= ia F. Garcia
CAPPR ORM: C ),
David E. Long
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Douglas ademac er .✓fG
Date of signature: 4-Zc9-0c6`
2008-1181
HR0079
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MEMORANDUM
DATE: April 21, 2008
WI I TO: Weld County Board of Commissioners,
CWilliam H. Jerke, Chair
COLORADO• FROM: Walter J. Speckman, Executive Director W
SUBJECT: Grant Agreement for Employment & 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.
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 1, 2008 through June 30, 2011.
If you have any questions please feel free to telephone me at 353-3800, extension 3317.
2008-1181
Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
GRANT AGREEMENT
The State of Colorado, acting by and through the Colorado Department of Labor and Employment, with
an address of 633 17th Street,Suite 1200,Denver,CO 80202-3660 hereinafter referred to as the "State",
and The Board of County Commissioners of Weld County,with an address of 915 10th Street,P. O.
Box 758, Greeley, Colorado 80932-0758 hereinafter referred to as the "Grantee", enter into this Grant
Agreement, made this 22 i day of r.,4 ' , 2008 , pursuant to the terms, conditions,
attachments,and references contained in this Agreement.
WHEREAS, 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);
WHEREAS,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 in Fund Number
100, Appropriation Number 207,309,306, (Organizational Unit Number 4111, Program Number 1100,
Function Number 7500, and Grant Budget Line Number various)under Contract Encumbrance Number
090008;
WHEREAS, the purpose of the Workforce Investment Act is to provide 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;
WHEREAS, 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;
WHEREAS,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
the Grantee under this Grant Agreement;
WHEREAS, contract authority for Weld County resides in the Board of County Commissioners of Weld
County;
WHEREAS, the 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
Attachment B, which has been approved by the State for the local workforce region;
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°Ole-//e/
Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
WHEREAS, all required approvals, clearances and coordination have been accomplished from and with
all appropriate agencies.
NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties enter into
the following agreement:
PART 1 -AGREEMENT
1.1 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 Nation. The purpose of this Agreement is to implement
and deliver these services through Federal and State funded workforce development programs.
1.2 Effective Date and Term: This Agreement shall be effective upon approval by the State
Controller, or designee, or on July 1,2008, whichever is later. The Agreement performance
contemplated herein shall commence as soon as practicable after the effective date of this
Agreement and shall extend through June 30,2011.
1.3 Order of Precedence: Unless otherwise stated, all exhibits or attachments referenced herein are
attached hereto, incorporated and made a part of this Agreement. In the event of conflicts or
inconsistencies between this Agreement and its exhibits or attachments,such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority:
a. Colorado Special Provisions, Page 22
b. Agreement, Pages 1-21
c. Funding Provisions, Attachment A
d. Local Workforce Development Plan(Local Plan), Attachment B
e. Executed Notice of Fund Availability Letter(s)
f. Executed Expenditure Authorization Document(s)
e. Attachments C through J
1.4 Funding: Funds appropriated are provided pursuant to an approved Local Plan (Attachment 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 Agreement,the State
may provide additional funds to the Grantee for the purposes of amendments and modifications of
allocated funds, performance incentives, services to groups with special needs, and other
workforce development programs.
A. Restrictions on Funding. In conjunction with restrictions noted below, funds which are
not expended by the 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).
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
These restrictions apply to all funding provided to the Grantee under this Grant
Agreement.
B. 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. The Grantee agrees to adhere to any other specific requirements for
the use of discretionary funds as identified in the "Grant Application" or the vendor
selection announcement.
1.5 Notice of Fund Availability: Prior to the disbursement of any funds,the State shall send to the
Grantee a Notice of Fund Availability(NFA)providing the Grantee with the allocations from
each funding source covered by this Agreement.The NFA, incorporated herein as Attachment 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 the
Grantee has received this Notice of Fund Availability, an Expenditure Authorization commitment
document(EA)must be submitted pursuant to Part 2 below.
1.6 Statement of Work: The Grantee agrees to perform, in a professional manner,the obligations
and responsibilities within this Agreement and as required for each Funding Source identified in
Attachment A.
For any changes to the Statement of Work, the objective of the Agreement, or dollar amount of
funding, the Grantee must submit to the State an Expenditure Authorization commitment
document, pursuant to Part 2 below,to obtain approval prior to implementing any changes.
This Agreement 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 Agreement as of the effective date of such change as if that change was
fully set forth herein. No other modification of this Agreement shall be effective unless such
modification is agreed to in writing by both parties in an amendment to this Agreement that has
been previously executed and approved in accordance with applicable law.
Attachments: The following attachments are incorporated into this Agreement:
Attachment A—Funding Provisions
Attachment B—Local Plan/Plan Modification
Attachment C—Expenditure Authorization (EA)document format
Attachment D—Certification regarding Debarment and Suspension
Attachment E—Drug-Free Workplace Certification
Attachment F—Certification regarding Lobbying
Attachment G—Tobacco Free Certification
Attachment H—Grant Agreement Definitions
Attachment I—Notice of Fund Availability(NFA)
Attachment J—Standard Assurances
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
1.8 Duties and Obligations of the Grantee: The Grantee shall:
A. 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 Agreement in accordance with all applicable laws, rules,
regulations, and relevant Program Guidance Letters(PGL's) issued by the State;
B. 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;
C. 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;
D. Obtain all required reviews and approvals of a workforce region's plan prior to its
submission to the State;
E. Ensure that a workforce region is in compliance with the terms and conditions of this
Agreement and an approved plan, written State policies governing operation of the One-
Stop Workforce Centers, and all other applicable federal and state requirements;
F. 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 Agreement;
G. 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;
H. 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.;
1. 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;
J. 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 Section 121(b)of the
Workforce Investment Act and pursuant to the MOU requirements referred to in Section
121(c)of the WIA; and
K. Comply with the State's property management procedures and all relevant Program
Guidance Letters (PGLs) issued by the State. The Grantee ensures that it will maintain
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Department or Agency No.:KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
proper inventory control over all nonexpendable supplies and property valued at$5,000
or greater, which were purchased with WIA funds.
L. 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.
M. Ensure that language assistance services are made available to individuals with English
language barriers.
1.9 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 Agreement beyond the
current program year or beyond a June 30th ending date within the term of this Grant Agreement.
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 Agreement.
In the event of termination, State may initiate an Amendment to this Grant Agreement 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 Agreement. Nothing
in this provision eliminates the State's right to terminate this Grant Agreement pursuant to any
section in Part 5 -Termination.
PART 2 - ADMINISTRATIVE STANDARDS AND PROCEDURES
2.1 Expenditure Authorization (EA)Procedures: The following outlines the procedures to follow
for using an Expenditure Authorization commitment document(EA)within the terms and
conditions of this Agreement.The Expenditure Authorization commitment document is attached
herein as Attachment C.
A. Prior to the expenditure of any funds, an Expenditure Authorization commitment
document(EA)must be submitted to the State by the Grantee and approved by the State,
pursuant to this Agreement 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 or Agency No.:KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
B. The Grantee must comply with its own internal signature process. Should the Grantee's
internal signature process be more restrictive than this provision, the Grantee's internal
signature process will prevail.
C. 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
Agreement. 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,the Grantee
may begin work related to the EA request. In no way shall the period of performance
under an Expenditure Authorization commitment document exceed the term end date of
this Grant Agreement.
D. The Grantee may receive reimbursements for expenditures pursuant to State laws and
regulations and Policy Guidance Letter(s) covering the Expenditure Authorization
process. Once the EA has been fully executed,the 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 should 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,
E. The Grantee may include the above EA provisions in its subcontracts. Upon approval by
the State of the Grantee's EA policy and procedures for its subcontractors, the State shall
be deemed to be a third party beneficiary of such provisions. The Grantee shall be
obligated to the State for the enforcement of such provisions.
2.2 Modification Procedures for a Budget:
A. The 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.
B. 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, the Grantee may begin
work related to the EA request.
C. 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
section 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, Section 118.
2.3 Reporting Requirements:
A. The Grantee shall meet all applicable federal and state reporting requirements for each of
the constituent workforce development programs funded through this Agreement.
Grantee shall refer to the Subrecipient Financial Procedures Policy Guidance Letter
(PGL) for specific financial procedures and instructions.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
B. Expenditure Reports. On a monthly basis,the Grantee shall report expenditures to the
State using the Expense Report Form provided by the State. These reports are due to the
State no later than the twenty-fifth(25th)of the month following the month reported on.
The State reserves the right to change this report due date to meet its State and/or Federal
reporting requirements.
C. Obligation Reports. On a monthly basis and in conjunction with the requirements of
Paragraph 2.3.B, Expenditure Reports,the 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 agreement.
D. Annual Report. After the end of each Program Year, the 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 states reporting requirements and pursuant to
Attachment 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.
E. Contract Close Out. Grantee shall follow applicable Contract Close-out Procedures
identified in the Subrecipient Financial Procedures Policy Guidance Letter. For each
funding source under this Grant Agreement, and pursuant to a fully executed EA
commitment document, Grantee shall submit a final Expenditure Report and Cash
Request to the State within sixty(60)days after each specific grant ending date.
2.4 Maintenance of Funds in Appropriate Financial Institutions: The 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 the Grantee
and it's 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 the 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.
2.5 Maintenance of Integrity in the Expenditure of Public Funds: The 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. The Grantee
shall administer this Agreement in an impartial manner, free from personal, financial, political, or
other questionable or improper gain or motive. In administering this Agreement,the Grantee, its
executive staff, and employees, shall avoid situations which give rise to a suggestion that any
decision of the Grantee was influenced by prejudice, bias, special interest, or personal gain.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
2.6 Payment Contingency: The parties hereto expressly recognize that the Grantee is to be paid,
reimbursed, or otherwise compensated, in whole or in part, from available Federal and State
funds. Therefore, the Grantee expressly understands and agrees that all its rights, demands, and
claims to compensation arising under this Agreement are contingent upon receipt of such funds
and upon the State's continued receipt of such funds. In the event that said funds,or any part
thereof, are, or become unavailable, as determined by the State,then the State may immediately
terminate or amend this Agreement. Insofar as this contingency affects the Grantee,
subcontractors or suppliers, for mutual protection of the parties, the Grantee agrees to include this
contingency in all its subcontracts.
2.7 Grantee Funds: Notwithstanding any other provision herein,the terms of this Agreement do not
require the expenditure of any Grantee funds. The Grantee is only required to expend funds
under this Agreement to the extent federal and state funds are provided to the Grantee by the
State.
2.8 Performance Standards: The Grantee, shall comply with all minimum performance criteria
negotiated with the State. Upon request by the State,the Grantee shall provide such data as the
State may request for purposes of evaluating the 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 Agreement, or written policies established by the State. The Grantee
shall perform any necessary data collection and evaluation for such additional local standards.
2.9 Subcontracting: The Grantee shall not subcontract the performance of any part of its duties
which relate to the administration of funds under this Agreement except in accordance with the
terms of this Agreement or with the prior written consent of the State approving the
subcontractor.
PART 3- DATA MANAGEMENT,RECORD MAINTENANCE,AND AUDITING
3.1 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.
3.2 Retention of Fiscal Records: In addition to any requirements imposed elsewhere in this
Agreement,the Grantee shall retain accurate, current, separate, and complete records that are
sufficient and otherwise adequate to provide full disclosure of the status of the funds received
under this Agreement. The Grantee, and its subcontractors, if any, shall retain all such records for
a minimum period of not less than three(3)years after the close of the applicable program year.
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 the
Grantee. All such records, documents, communications, and other materials shall be the property
of the State and shall be maintained by the Grantee in a central location as custodian for the State.
3.3 Retention of Applicant,Eligible Applicant,Participant,Terminee,Employee and Applicant
for Employment Records: The Grantee and its subcontractors, if any, shall retain, for a
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
minimum period of not less than three (3)years from the close of the applicable program year,
applicant, eligible applicant, participant,terminee, employee and applicant for employment
records.
3.4 Participant Records: Participant Records shall record any participant's involvement in
Workforce Development Programs including,but not limited to, dates of entry, eligibility,
participation, and termination. When required by specific Workforce Development Programs,the
Grantee shall use a reference code, provided by the State, for the purpose of tracking program
participants and fulfilling program reporting requirements.
3.5 Retention of Complaint Records: The Grantee, and its subcontractor(s), if any, shall retain, for
a minimum period of not less than three (3)years from the date of resolution, all records
regarding program complaints and all actions taken to resolve such complaints.
3.6 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(3)years or until such litigation, audit, or claim is finally resolved.
3.7 Confidentiality of Records:
A. In the event that the Grantee obtains access to any records, files, or information of the
State in connection with, or during the performance of,this Agreement,the Grantee shall
keep all such records, files, or information confidential and shall comply with all laws
and regulations concerning the confidentiality of such records, files, or information to the
same extent as such laws and regulations apply to the State, including, but not limited to
the Colorado Public Records Act, Article 72 of Title 24, C.R.S.
B. The Grantee agrees to be bound by all confidentiality requirements of the Colorado
Employment Security Act,Articles 70 to 82 of Title 8,C.R.S., (CESA). Grantee is
designated as an agent of the State, only for the purposes of the confidentiality
requirements of the CESA.
C. The Grantee agrees to notify and advise all of its employees, agents,consultants,
licensees, or subcontractors in writing of the above requirements and of the possible
penalties and fines that may be imposed for any violation thereof.
D. Any breach of confidentiality by the Grantee, or third party agents of the Grantee, shall
constitute good cause for the State to cancel this Agreement, without liability to the State.
E. Any State waiver of an alleged breach of confidentiality by the Grantee, or third party
agents of the Grantee, does not constitute a waiver of any subsequent breach by the
Grantee, or third party agents of the Grantee.
3.8 Ownership Of Materials, Information,Data, Computer Software,Documentation,Studies,
And Evaluations: Unless otherwise provided for in this Agreement, the parties agree that all
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
materials, information,data, computer software, studies, evaluations, reports, photographs,
negatives, or any other documents, drawings, or medium produced or prepared by the Grantee in
the performance of this Agreement are the sole property of the State. The State may request that
these items be delivered to the State by the Grantee upon completion,termination, or cancellation
of this Agreement.The Grantee shall not use,willingly allow another to use, or cause such items
to be used for any purpose other than for the performance of the Grantee's duties and obligations
under this Agreement without the prior, express, written consent of the State.
3.9 Patent Rights: If any invention, improvement, or discovery of the Grantee, or any of its third
party Grantees, is conceived or first actually reduced to practice during the term or course of this
Agreement, and if such is patentable,then the 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 the 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. The Grantee shall include the requirements of this
paragraph in its subcontracts, if any, for the performance of work under this Agreement.
3.10 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., the 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 Agreement. Nor may the 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. As authorized by 29 CFR. 97.34, the federal government,through the State, reserves a
royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise
use, and to authorize the State or others to reproduce, publish, or otherwise use: I) any
work developed under this Agreement, or a resulting third party Agreement, irrespective
of whether that work is already copyrighted;and, 2) any rights of copyright to which the
Grantee, subcontractor, or third party Grantee purchases ownership with federal
assistance.
C. The State shall have unlimited rights to any data first produced or delivered under this
Agreement. The Grantee shall comply with the copyright requirements of 29 CFR 97.34.
The Grantee shall give notice of these rights in data and copyright requirements in all its
subcontracts and vendor agreements.
3.11 Patent,Copyright,And Trademark Law: The Grantee, its subcontractors, the State, and the
workforce regions, are expressly prohibited from the exclusivity of protection of 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.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
3.12 Compliance With Applicable Audit Requirements: The 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 the Grantee expends $500,000 or more
of federal awards in the Grantee's fiscal year,then the 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. The 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. The
Grantee shall also institute policy and procedures for its subcontractors that comply with these
audit provisions.
3.13 Rights Of Inspection: In accordance with 29 CFR 97.42, the State,the U.S.D.O.L.,the
Comptroller General of the United States,the State's auditors and any of their authorized
representatives shall, during business hours, have access to audit, inspect, examine, excerpt, and
copy books, records, memoranda, correspondence, personnel staffing records, independent audit
work papers and any other documents, and shall be allowed to monitor and review through on-
site visits,all program activities, personnel staff, services and programmatic and administrative
practices, supported with funds under this Agreement to ensure compliance with the terms of this
Agreement, and provisions of any subcontracts funded in whole or in part through this
Agreement. The right to access lasts beyond the prescribed period of record retention, and as
long as records are available.
3.14 Review Of Findings: The Grantee shall review the findings of the State or its representatives
and shall act promptly, as directed by the State,to remedy deficiencies noted in such findings. If
corrective action is not taken and such deficiencies persist, the State may terminate this
Agreement.
3.15 Conduct Of Financial Accounting: If the State determines that the record keeping system of
the Grantee does not comply with federal guidelines, then the State may conduct a financial
accounting of the 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 the
Grantee's records shall be deducted on a monthly basis from other administrative funds allocated
to the Grantee.
3.16 Performance Monitoring:
A. The Grantee shall permit the State,the U.S.D.O.L, or any other duly authorized
governmental agent or agency,to monitor all activities conducted by the Grantee
pursuant to the terms of this Agreement. Such monitoring may consist of internal
evaluation procedures, examination of program data, special analyses,on-site checking,
formal audit examinations, or any other reasonable procedures. All such monitoring shall
be performed in a manner that shall not unduly interfere with the work of the Grantee.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
B. The Grantee authorizes the State to perform audits or inspections of its records at any
reasonable time during the term of this Agreement and for a period of three(3)years
following the termination of this Agreement.
PART 4 - ASSURANCES
4.1 Compliance with Federal Law: In addition to the Standard Assurances in Attachment J, the
Grantee assures and certifies that in administering programs under this Grant Agreement, it will
fully comply with the Workforce Investment Act of 1998,the Wagner-Peyser Act of W33, 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:
A. 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 the Grantee has been the subject of a conviction under the
Clean Air Act(42 U.S.C. 1857-8)(c)(l)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,the Grantee assures that:
1) No facility to be utilized in the performance of this Agreement 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.
B. All applicable provisions of Child Labor laws.
C. All applicable provisions of safety standards of the Occupational Safety and Health Act
(OSHA).
D. All applicable provisions of Part C of Title IV of the Social Security Act.
E. All applicable provisions of the Military Selective Services Act.
F. All applicable provisions of Section 665,Title 18, United States Code,(Theft or
embezzlement from employment and training funds; improper inducement;obstruction of
investigations).
G. All applicable provisions of the Fair Labor Standards Act of 1938.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
H. Section 18-8-401 through 408, C.R.S., as amended, (Abuse of Public Office).
All applicable provisions of the Uniform Administrative Requirements and Cost
Principles for Grants and Agreements as promulgated in the Federal Common Rule,
including but not limited to, OMB Circular A-21, A-87, A-102, A-I 10 and A-122, and 48
CFR Part 31.
J. 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 the Veterans Priority of Services of the Public Law 107-288 Jobs for Veterans Act
of 2002 and the Wagner-Peyser Act of 1933.
K. 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 the 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 section 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.
L. 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,
Section 601,of the Civil Rights Act of 1964.
M. 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 Section 505-Buy American Requirements.
4.2 Compliance with State Law: The Grantee assures that in operating programs funded under this
Agreement, it shall comply with all State directives, including Program Guidance Letters.
4.3 Safeguard against Fraud: The Grantee assures that it will administer its Workforce
Development Programs in full compliance with all safeguards against fraud and abuse as set forth
in Federal and State regulations.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
4.4 Adherence to Grievance Procedure: Pursuant to the requirements of each funding source,the
Grantee shall follow all applicable federal regulations governing the resolution of grievances and
complaints, including those grievances and complaints based on discrimination. The Grantee
shall follow all pertinent Program Guidance Letters issued by the State concerning grievance
procedures.
PART 5- TERMINATION
5.1 Termination for Convenience:
The State may terminate this Agreement at any time the State determines that the purposes of the
distribution of State or Federal moneys under the Agreement would no longer be served by
completion of the project. The State shall effect such termination by giving written notice of
termination to the Grantee and specifying the effective date thereof, at least twenty (20) days
before the effective date of such termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs, and reports or other material
prepared by the Grantee under this Agreement shall, at the option of the State, become its
property, and the Grantee shall be entitled to receive just and equitable compensation for any
satisfactory services and supplies delivered.
If the Agreement is terminated by the State as provided herein, the Grantee will be paid an
amount which bears the same ratio to the total compensation as the services satisfactorily
performed bear to the total services of the Grantee covered by this Agreement,less payments of
compensation previously made, provided, however,that if less than sixty percent(60%)of the
services covered by this Agreement have been performed upon the effective date of such
termination,the Grantee shall be reimbursed(in addition to the above payment) for that portion of
the actual out-of-pocket expenses(not otherwise reimbursed under this Agreement) incurred by
the Grantee during the Agreement period which are directly attributable to the uncompleted
portion of the services covered by this Agreement. In no event shall reimbursement under this
clause exceed the Agreement amount. If this Agreement is terminated for cause, or due to the
fault of the Grantee, the Termination for Cause or Default provision shall apply.
5.2 Termination for Default(Cause):
If, through any cause, the Grantee shall fail to fulfill, in a timely and proper manner, its
obligations under this Agreement, or if the Grantee shall violate any of the covenants,
Agreements, or stipulations of this Agreement, the State shall thereupon have the right to
terminate this Agreement for cause by giving written notice to the Grantee of its intent to
terminate and at least ten(10) days opportunity to cure the default or show cause why termination
is otherwise not appropriate. In the event of termination, all finished or unfinished documents,
data, studies, surveys, drawings, maps, models, photographs, and reports or other material
prepared by the Grantee under this Agreement shall, at the option of the State, become its
property, and the Grantee shall be entitled to receive just and equitable compensation for any
services and supplies delivered and accepted. The Grantee shall be obligated to return any
payment advanced under the provisions of this Agreement.
Notwithstanding the above, the Grantee shall not be relieved of liability to the State for any
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
damages sustained by the State by virtue of any breach of the Agreement by the Grantee, and the
State may withhold any payment to the Grantee for the purposes of mitigating its damages until
such time as the exact amount of damages due to the State from the Grantee is determined.
If after such termination it is determined, for any reason, that the Grantee was not in default, or
that the Grantee's action/inaction was excusable, such termination shall be treated as a
termination for convenience, and the rights and obligations of the parties shall be the same as if
the Agreement had been terminated for convenience, as described herein.
5.3 Remedies Other Than Termination for Default: In addition to any other remedies provided for
in this Agreement, or by law, the State may exercise the following remedial actions if the Grantee
substantially fails to satisfy or perform its duties or obligations under this Agreement.
"Substantial failure to satisfy or perform" is defined to mean: unsatisfactory, insufficient,
incorrect,or improper actions or inactions by the Grantee in performing its duties and obligations
under this Agreement. The additional remedial actions include, but are not limited to:
A. Suspension of further performance by the Grantee pending completion of necessary
corrective action(s) by the Grantee as specified by the State.
B. Withholding of further payments to the Grantee until necessary services or corrective
actions are satisfactorily completed by the Grantee.
C. Deny payment for those services or obligations of the Grantee which have not yet been
performed and which, due to circumstances caused by the Grantee, cannot be performed,
or if performed, would be of no value to the State. Denial of payment must be reasonably
related to the amount of services or performance lost to the State because of the Grantee's
actions.
D. Terminate this Agreement as set forth in the Termination for Default paragraph of this
Agreement but without further liability to the State, including, but not limited to, liability
for termination costs.
5.4 Termination Due To Modification in Funding: In the event this Agreement is modified pursuant to
the conditions identified in Sections 1.6 or 2.6 of this Agreement, and the modification causes a
substantial reduction of funding so that the Grantee determines they can no longer perform the
services and obligations required under this Agreement, then the Grantee may terminate this
Agreement. Termination notice by the Grantee shall be provided as defined in paragraph 6.11 of this
Agreement and submitted to the State ninety (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 the Grantee all closeout items as defined in the relevant Program Guidance
Letters(PGLs) issued by the State. Termination notice under this provision may be for a shorter time
frame, if mutually agreed to in writing by both parties.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
PART 6- ADDITIONAL PROVISIONS
6.1 Legal Authority: The parties warrant that each possesses actual, legal authority to enter into this
Agreement. 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 Agreement and bind that party to its terms. The person or
persons signing this Agreement, or any attachments or amendments hereto, also warrant(s)that
such person(s) possesses actual, legal authority to execute this Agreement, and any attachments
or amendments hereto, on behalf of that party.
6.2 Conflict Of Interest: The Grantee (and subcontractors or subgrantees permitted under the terms
of this contract) shall maintain a written code of standards governing the performance of its
employees engaged in the award and administration of contracts. No employee, officer or agent
of the Grantee, subcontractor, or subgrantee shall participate in the selection, or in the award or
administration of a contract or subcontract supported by Federal funds if a conflict of interest, real
or apparent, would be involved. Such a conflict would arise when:
1) The employee, officer or agent;
2) Any member of the employee's immediate family;
3) The employee's partner; or
4) An organization which employs, or is about to employ, any of the above,
has a financial or other interest in the firm selected for award. The Grantee's, subcontractor's, or
subgrantee's officers, employees, or agents will neither solicit nor accept gratuities, favors,or
anything of monetary value from contractors, potential contractors, or parties to sub-agreements.
6.3 Standard Insurance Requirements:
A. The contractor shall obtain, and maintain at all times during the term of this contract,
insurance in the following kinds and amounts:
1) Workers' Compensation Insurance as required by state statute, and Employer's
Liability Insurance covering all of contractor's employees acting within the
course and scope of their employment.
2) 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 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.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
If any aggregate limit is reduced below$1,000,000 because of claims made or
paid,the contractor shall immediately obtain additional insurance to restore the
full aggregate limit and furnish to the State a certificate or other document
satisfactory to the State showing compliance with this provision.
3) Automobile Liability Insurance covering any auto(including owned, hired and
non-owned autos)with a minimum limit as follows: $1,000,000 each accident
combined single limit.
4) Professional liability insurance with minimum limits of liability of not less than
$ not applicable .
B. The State of Colorado shall be named as additional insured on the Commercial General
Liability and Automobile Liability Insurance policies(leases and construction contracts
will require the additional insured coverage for completed operations on endorsements
CG 2010 11/85, CG 2037,or equivalent). Coverage required of the contract will be
primary over any insurance or self-insurance program carried by the State of Colorado.
C. The Insurance shall include provisions preventing cancellation or non-renewal without at
least 45 days prior notice to the State by certified mail.
D. The contractor will require all insurance policies in any way related to the contract and
secured and maintained by the contractor to include clauses stating that each carrier will
waive all rights of recovery, under subrogation or otherwise, against the State of
Colorado, its agencies, institutions, organizations, officers, agents,employees and
volunteers.
E. All policies evidencing the insurance coverages required hereunder shall be issued by
insurance companies satisfactory to the State.
F. The contractor shall provide certificates showing insurance coverage required by this
contract to the State within 7 business days of the effective date of the contract, but in no
event later than the commencement of the services or delivery of the goods under the
contract. No later than 15 days prior to the expiration date of any such coverage,the
contractor shall deliver the State certificates of insurance evidencing renewals thereof.
At any time during the term of this contract,the State may request in writing, and the
contractor shall thereupon within 10 days supply to the State, evidence satisfactory to the
State of compliance with the provisions of this section.
G. Notwithstanding subsection A of this section, if the contractor is a"public entity"within
the meaning of the Colorado Governmental Immunity Act CRS 24-10-101,et seq., as
amended("Act'), the contractor shall at all times during the term of this contract maintain
only such liability insurance, by commercial policy or self-insurance, as is necessary to
meet its liabilities under the Act. Upon request by the State, the contractor shall show
proof of such insurance satisfactory to the State.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
6.4 CERTIFICATIONS'. By signing this contract,the Grantee agrees to provide, comply with, and,
if applicable,execute the certifications set forth in the following Attachment D through G, and J,
incorporated herein by reference and attached hereto:
Attachment D- Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion- Lower Tier Covered Transaction
Attachment E - Certification of Compliance with the Requirements of the Federal Drug-
Free Workplace Act of 1988
Attachment F- Certification Regarding Lobbying
Attachment G - Tobacco Free Certification
Attachment J - Standard Assurances
6.5 Severability: To the extent that this Agreement may be executed and performance of the
obligations of the parties may be accomplished within the intent of this Agreement, the terms of
this Agreement are severable. If any term or provision of this Agreement is declared invalid by a
court of competent jurisdiction, or becomes inoperative for any other reason, then such invalidity
or failure shall not affect the validity of any other term or provision of this Agreement.
6.6 Waiver: The waiver of a breach of a term or provision of this Agreement shall not be construed
as a waiver of a breach of any other term or provision of this Agreement or, as a waiver of a
breach of the same term or provision upon subsequent breach.
6.7 Assignment: This Agreement is in the nature of personal services. Therefore,the rights,duties,
and obligations of the Grantee cannot be assigned,delegated, or otherwise transferred, except
with the prior, express, written consent of the State.
6.8 Agreement Binding On Successors: Except as otherwise provided for herein,this Agreement
shall inure to the benefit of, and be binding upon,the parties hereto and their respective
successors and assigns.
6.9 Representatives: For the purposes of this Agreement,the persons identified in Part 6.11 are
hereby designated as representatives of the respective parties to this Agreement. Either party
may, from time to time, designate in writing new or substitute representatives.
6.10 Notice Of Pending Litigation: Unless otherwise provided for in this Agreement,the Grantee
shall notify the State, within five (5) working days after being served with a summons, complaint,
or other pleading in a case which involves services provided under this Agreement and which has
been filed in any federal or state court or administrative agency. The Grantee shall immediately
deliver copies of any such documents to the State.
If the Contractor is unable to certify to any of the statements in this section of the
Contract, then the Contractor shall attach an explanation to this Contract explaining why the Contractor
cannot provide or otherwise comply with a given certification.
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
6.11 Notice Procedure: All notices required or permitted under this Agreement shall be in writing
and shall be deemed given when personally served or three(3)days after deposit in the United
States Mail,certified mail,return receipt requested, and addressed to the following parties or to
such other addressee(s) as may be designated by a notice complying with the foregoing
requirements.
GRANTEE:
William H.Jerke,Chair
The Board of County Commissioners of Weld County
P.O.Box 758
915 10th Street
Greeley,Colorado 80632-0758
970.336.7204
with a copy to:
Employment Services of Weld County
Linda Perez,Director
P. O. Box 1805
1551 North 17th Avenue
Greeley, Colorado 80632-1805
970.353.3800
STATE:
Lisa Eze,Director of Purchasing and Contracts
Colorado Department of Labor and Employment
633 17th Street, 11th Floor
Denver,CO 80202
303.318.8054
with a copy to,
Gary Estenson,Deputy Executive Director
Department of Labor and Employment
633 17th Street,Suite 1200
Denver,CO 80202-3660
303.318.8032
6.12 Survival Of Certain Agreement Provisions. Notwithstanding anything herein to the contrary,
the parties understand and agree that all terms and conditions of this Agreement, and the exhibits
and attachments hereto, which may require continued performance or compliance beyond the
termination date of this Agreement shall survive such termination date and shall be enforceable as
provided herein in the event of a failure to perform or comply by a party to this Agreement.
6.13 Entire Understanding: This Agreement is the complete integration of all understandings
between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto
shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in a written Agreement executed and approved pursuant to the Fiscal Rules of
the State of Colorado.
6.14 Third Party Beneficiaries: It is expressly understood and agreed to between the parties that the
enforcement of the terms and conditions of this Agreement, and all rights of action related to such
enforcement, shall be strictly reserved to the State and the named Grantee. Nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever to or by any third
person. It is the express intent of the State and the named Grantee that any person or entity, other
than the State or the named Grantee, receiving services or benefits under this Agreement shall be
deemed an incidental beneficiary only.
6.15 Venue: The exclusive venue for any action related to performance of this Agreement shall be in
the City and County of Denver, Colorado.
6.16 Supervening Causes_(Force Majeure): Neither the Grantee nor the State shall be liable to the
other for any delay in, or failure of performance of,any covenant or promise contained in this
Agreement, nor shall any delay or failure constitute default or give rise to any liability for
damages if, and only to the extent that, such delay or failure is caused by "force majeure". As
used in this Agreement"force majeure"means acts of God; acts of the public enemy; acts of the
State and any governmental entity in its sovereign or contractual capacity; fires; floods;
epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually
severe weather.
6.17 Governmental Immunity: Notwithstanding any other provision of this Agreement to the
contrary, 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, protection, or other provisions of
the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S., as now or
hereafter amended. The parties understand and agree that liability for claims for injuries to
persons or property arising out of the alleged negligence of: the State, its departments,
institutions, agencies, boards, officials, and employees; or,the Grantee, its departments,
institutions, agencies, boards,officials,and employees is controlled and limited by the provisions
of section 24-10-101 et seq., C.R.S., as now or hereafter amended.
6.18 Assignment And Successors: The Grantee agrees not to assign rights or delegate duties under
this Agreement [or subcontract any part of the performance required under the Agreement]
without the express, written consent of the State [which shall not be unreasonably withheld].
Except as herein otherwise provided,this Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and assigns. This provision shall not be
construed to prohibit assignments of the right to payment to the extent permitted by section 4-9-318,
CRS,provided that written notice of assignment adequate to identify the rights assigned is received
by the controller for the agency,department,or institution executing this Agreement. Such
assignment shall not be deemed valid until receipt by such controller--as distinguished from the
State Controller--and the Grantee assumes the risk that such written notice of assignment is received
by the controller for the agency, department, or institution involved.
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Workforce Development Programs for Weld County
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6.19 Governor's Executive Orders for Energy Conservation and the Environment: Pursuant to
Colorado Governor's Executive Orders D011 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 Contract,
State encourages Contractor 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.
6.20 Open Records.The parties understand that all the material provided or produced under this
Grant Agreement may be subject to the Colorado Open Records Act, § 24-72-201, et seq., C.R.S.,
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.
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SPECIAL PROVISIONS
The Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1). This contract shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
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.
3. INDEMNIFICATION. To the extent authorized by law,the Contractor 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 Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
(Applicable Only to Intergovernmental Contracts/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,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.
4. INDEPENDENT CONTRACTOR. 4 CCR 801-2. Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither contractor nor any agent or employee of contractor shall be or shall be deemed to be an agent or employee of the state. Contractor shall pay when due all
required employment taxes and income taxes and local head taxes on any monies paid by the state pursuant to this contract. Contractor acknowledges that contractor
and its employees are not entitled to unemployment insurance benefits unless contractor or a third party provides such coverage and that the state does not pay for or
otherwise provide such coverage. Contractor shall have no authorization,express or implied,to bind the state to any agreement,liability or understanding,except as
expressly set forth herein. Contractor shall provide and keep in force workers'compensation(and provide proof of such insurance when requested by the state)and
unemployment compensation insurance in the amounts required by law and shall be solely responsible for its acts and those of its employees and agents.
5. NON-DISCRIMINATION. Contractor agrees to comply with the letter and the spirit of all applicable State and federal laws respecting discrimination and
unfair employment practices.
6. CHOICE OF LAW. The laws of the State of Colorado,and rules and regulations issued pursuant thereto,shall be applied in the interpretation,execution,and
enforcement of this contract. Any provision of this contract,whether or not incorporated herein by reference,which provides for arbitration by any extra judicial
body or person or which is otherwise in conflict with said laws,rules,and regulations shall be considered null and void. Nothing contained in any provision
incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall 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 will not invalidate the remainder
of this contract,to the extent that this contract is capable of execution. At all times during the performance of this contract,Contractor shall strictly adhere to all
applicable federal and State laws,rules,and regulations that have been or may hereafter be established.
7. [Not Applicable to Intergovernmental Contracts] VENDOR OFFSET. CRS 24-30-202(I)and 24-30-202.4. The State Controller may withhold payment of
certain debts owed to State agencies under the vendor offset intercept system for:(a)unpaid child support debt or child support arrearages; b)unpaid balances of tax,
accrued interest,or other charges specified in Article 21,Title 39,CRS; (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 or its agencies,as a result of final agency
determination or reduced to judgment,as certified by the State Controller.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. No State or other public funds payable under this contract shall be used
for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby
certifies that,for the term of this contract and any extensions,Contractor has in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Contractor is in violation of this paragraph,the State may exercise any remedy available at law or 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.
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.
10. [Not Applicable to Intergovernmental Contracts]. ILLEGAL ALIENS - PUBLIC CONTRACTS FOR SERVICES AND
RESTRICTIONS ON PUBLIC BENEFITS. CRS 8-17.5-101 and 24-76.5-101. Contractor certifies that it shall comply with the
provisions of CRS 8-17.5-101 et seq. Contractor 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 Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor represents, warrants, and
agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment
Verification Program administered by the Social Security Administration and Department of Homeland Security, and (ii) otherwise
shall comply with the requirements of CR5 8-17.5-102(2)(b). Contractor shall comply with all reasonable requests made in the
course of an investigation under CRS 8-17.5-102 by the Colorado Department of Labor and Employment. Failure to comply with
any requirement of this provision or CRS 8-17.5-101 et seq., shall be cause for termination for breach and Contractor shall be
liable for actual and consequential damages.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears or affirms under penalty of perjury that he or
she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of
CR5 24-76.5-101 et seq., and (iii) shall produce one form of identification required by CRS 24-76.5-103 prior to the effective date
of this contract.
Revised October 25. 2006 Effective Date of Special Provisions: August 7. 2006
Page 22 of 23
Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE O C R O:
The Board of County Commissioners BILL RI , OVERNOR
of Weld County
By
Legal Name of Contracting Entity Donald Mares
Executive Director
Department of Labor and Employment
k .' E LEGAL REVIEW:
Signature of Authorized Officer JOHN W. SUTHERS, ATTORNEY GENERAL
APR 2 [UUb
William H. Jerke, Chair By Waiver#142
Print Name & Title of Authorized Officer
CORPORATIONS: `7rfr ` "ff`J :,- t,
(A corporate att tatio 's q 'r d.) ,�`.` 4 3' Pre-approved Contract Review
(, it
Attest(Seal) By rh !di'J,� J'- 442
(Corporat- ecretary or`�,!!ti�1231E . o HMV/County Clerk) (Place corporate seal here,
if I
ATTESTING TO BO RD OF COUNTY , 11 1
COMMISSIONER SIGNATURES ONLY
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:
c, is " . ,S*4-ENEFrLT
Mcperna f C (�f+
B 44'1
Y
Date
it 703
Effective Date: March 12,2008
Page 23 of 23
al- //f/
Routing No.: 09 KAA 00008
Attachment A
PY08 FUNDING PROVISIONS
PART I - GRANT REQUIREMENTS
The following requirements shall apply to all WIA funds provided to the 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 the Grantee under this Grant Agreement.
A. GENERAL REQUIREMENTS
1.1 Program Guidance Letters: The 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 Section 136 of the WIA, the Grantee will be accountable
for the core indicators of performance which are outlined in the approved local plan.
1.3 Annual Report: In accordance with Section 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, the 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.
The 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. The Grantee shall also provide any
supplemental information as required by applicable Program Guidance Letters.
1.4 Prohibition on Use of Funds: Pursuant to Section 181(d) and (e) of the WIA, no funds provided
under this Agreement shall 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. Pursuant to Section 4.4 of the Grant Agreement, the Grantee shall follow all pertinent
Program Guidance Letters issued by the State concerning grievance procedures.
Page 1 of 19
Routing No.: 09 KAA 00008
Attachment A
PY08 FUNDING PROVISIONS
1.6 Veterans Priority Provisions of the "Jobs for Veterans Act" (Public Law#107-288). The
Jobs for Veterans Act(Section 2(a) of the Act 38 Untied 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 agreement with Federal funds,
the Grantee shall adhere to Federal laws and guidance related to veterans' priority of service. At
minimum, the 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. The Grantee is highly encouraged to 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.orgto help set up ePortfolios for WIA enrolled
participants. The ePortfolio is a tool that enables an individual to create a customized portfolio for
tracking his/her professional development. The customized portfolio is established as an account on e-
Colorado.org and contains an individual's work experience, training completions, academic information,
assessment scores, resume and professional vita, etc..
A.1.9 Quarterly Reporting of Discretionary Grant or Set-Aside Projects: In accordance with
Section 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, the 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 should 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. The Grantee shall also provide any supplemental information as required by applicable Program
Guidance Letters.
•
Page 2 of 19
Routing No.: 09 KAA 00008
Attachment A
PY08 FUNDING PROVISIONS
PART II -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, Sections 101
and 106.
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 must 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 must 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 must include job order taking,job matching,
and recruitment and prescreening of job candidates.
1.3 Required Program Elements:
a. The Grantee must make available through the One-Stop delivery system all labor exchange
services identified above in Part II,A "Purpose of Funding".
b. The Grantee receiving Wagner-Peyser Funds will provide veterans with priority employment and
training services in accordance with United States Code Title 38, Chapters 41 and 42, and 20
CFR 1001.120. The following order of priority will be observed:
1. Special disabled veterans
2. Vietnam-era veterans
3. Disabled veterans other than special disabled veterans
4. All other veterans and eligible persons
5. Non-veterans
All job orders processed through JobLink with staff assistance must have veterans' preference
applied. Staff will apply veterans' preference 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 are to 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 job orders assumes the responsibility for assuring that veterans' preference has been
applied to all job orders. If no qualified veterans are found, the job order will be released for
referrals.
c. Migrant and seasonal farmworkers must be provided the full range of services offered to the
general public.
d. The Grantee may not charge a fee for any Wagner-Peyser funded activity.
e. The 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:
Job seekers cannot be referred to a for-profit employment agency that will charge them a
fee for job placement;
Page 3 of 19
Routing No.: 09 KAA 00008
Attachment A
PY08 FUNDING PROVISIONS
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 cannot be accepted.
f. The Grantee must 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. The Grantee must 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. The Grantee must 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).
The Grantee must use Wagner-Peyser funds to provide services to clients who are eligible under
the Trade Adjustment Assistance(TAA) Program or the North American Free Trade Agreement-
Transitional Adjustment Assistance(NAFTA)Program. Wagner-Peyser funded staff, which
includes the Grantee's regional TAA/NAFTA 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 NAFTA-eligible or to clients who are
enrolled in and receiving benefits and reemployment services through the TAA or NAFTA
programs.
j. The 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.
The 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 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
Page 4 of 19
Routing No.: 09 KAA 00008
Attachment A
PYOS FUNDING PROVISIONS
3. Six Months Earning Increase.
The State shall work with the Grantee to adjust performance measures, as needed, based on any
Federal or State mandated legislative or policy changes that occur during the grant funding
period, and the State shall monitor and evaluate any such adjustments made.
e. Provide technical assistance to the workforce region, including training recommendations, upon
request or, on an as-needed basis.
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 presentedas Attachment I.
b. Retention of State Employee(s). The staff identified and funded by this allocation shall be
retained for the duration of this Agreement or until the position(s) is vacated through attrition.
c. Merit Staffing Requirements. The 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 location within that workforce region, then the Grantee shall pay all allowable
expenses identified in section 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 the Grantee,
shall remain on the State's payroll system. The State shall invoice the 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 the Grantee.
Page 5 of 19
Routing No.: 09 KAA 00008
Attachment A
PY08 FUNDING PROVISIONS
f. Functional Management of State Employees by the Grantee.
GENERAL. Except as otherwise provided in this Agreement, the Grantee may provide
day-to-day functional operational supervision to state employees, including the setting of
work hours and program responsibilities, with the exception of the roles and
responsibilities of the Colorado Veterans Employment and Training Programs staff which
are set in federal policy. In any event, the State retains authority over all actions which
may affect the current base pay, status, or tenure of classified state employees. The State
retains the sole discretion to determine which State employees shall occupy State
positions throughout the State. Unless otherwise specified in writing by the State, all
State employee positions will be treated as nonexempt under the Fair Labor Standards
Act.
2. PERFORMANCE EVALUATIONS. The State in conjunction with the 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 the 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 the 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. The Grantee will cooperate and provide
information deemed necessary by the State in conjunction with proposed disciplinary
actions.
6. POSTED NOTICES. The 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. The 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 the Grantee
shall make equitable adjustments in program services,as allowed by the program
requirements of the funding source, to permit continued operation as is possible with
remaining State and Grantee resources.
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PY08 FUNDING PROVISIONS
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 the Grantee and those funds may
be used for Grantee employee positions.
3. In the event that State Veteran FTE vacancies occur in County-operated workforce
regions, the State may transfer State employees, voluntarily or administratively, to fill
such vacancies. The selection of personnel to fill such vacancies shall be at the sole
discretion of the State.
4. In the event that non-Veteran State FTE vacancies occur in County-operated workforce
regions, the County shall have the first option to fill such vacancies. However, in the
event the County is not providing services as required under this grant agreement,the
State may transfer State employees, voluntarily or administratively,to fill such vacancies.
h. Membership in Employee Organizations. Employees performing services under this Agreement
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 Agreement. 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 may not be subcontracted out unless the
programs are implemented under a Merit System as defined within Section 1.8 L of the Grant Agreement
and provided by another governmental system.
The Grantee shall not subcontract the performance of any part of its duties which relate to the
administration of funds under this Agreement except in accordance with the terms of this Agreement 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, Sections 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;
Page 7 of 19
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PY08 FUNDING PROVISIONS
d. Summer Job Hunt for Youth. The Governor's Summer Job Hunt Program provides funding for
job placement services and employment opportunities to youth seeking unsubsidized jobs for the
summer. Services shall be provided to youth,ages 16 through 21,regardless of geographic
boundaries, income, ethnicity, and special needs.
e. The extra costs of exemplary models for delivering basic labor exchange services; and
f. Developing linkages of services funded by Wagner-Peyser and related Federal and State
legislation such as the provision of labor exchange services at educational sites.
Programs and services delivered using Wagner-Peyser 10% Discretionary funds must be provided
pursuant to the requirements of Part II, A Wagner-Peyser (90%)Employment Services, above.
1.3 Required Program Elements:
a. The Grantee must make labor exchange services available pursuant to the stated purpose of the
10% project for which they are receiving funds.
b. The Grantee will 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 must be provided
the full range of services provided to all other clients.
d. The Grantee may not charge a fee for any Wagner-Peyser funded activity.
e. The 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 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 cannot be accepted.
f. Should Unemployment Insurance claimants be among the clients served, the Grantee must
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. The Grantee must 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 fI) and to
explain operation of the complaint system.
h. The Grantee must 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).
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.
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PY08 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 Section 134 (d)(2)of the WIA, "Core services" are the minimum level of services
that the Grantee must 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 the 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 fianded 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 Section 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 must be provided through the One-
Stop delivery system. Intensive services may include:
1. Comprehensive and specialized assessments of skill levels and service needs;
2. development of an individual employment plan;
3. group counseling;
4. individual counseling and career planning;
5, case management for participants seeking training services;
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PY08 FUNDING PROVISIONS
6. short-term prevocational services to prepare individuals for unsubsidized employment or
training.
c. Except as provided in Section 134(d)(4)(G) and pursuant to Section 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 the Grantee under the WIA Section 128(6) and 133(b), for any program
year are available for expenditure only during that program year and the succeeding program year. These
funds which are not expended by the 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.
1.3 Program Design Requirements: Pursuant to Section 129(c) of the WIA, programs and services
provided by Title I Youth Funds must include:
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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 Section 129(c)of the WIA, programs and services
provided by Title I Youth Funds must 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: The 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.
1.6 Prohibition of Use of Title I Youth Funds: No funds provided pursuant to Section 126 through
Section 129 and Section 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 may be used to provide funding for
the School-to-Work program.
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1.7 Restrictions on Funding: Pursuant to 20 CFR 667.107(b)for the Workforce Investment Act,
funds allocated by the State to the Grantee under the WIA Section 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 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.
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, Section 132 through 134.
1.2 Purpose of Funding: Enhanced Dislocated Worker/Rapid Response funds are disbursed to the
grantee, pursuant to the WIA Section 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 Section 133
and Section 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 Section C above.
b. Rapid Response Activities must 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.
1.4 Restrictions on Funding: Pursuant to 20 CFR 667.107(6) for the Workforce Investment Act,
funds allocated by the State to the Grantee under the WIA Section 128(6) and 133(b), for any program
year are available for expenditure only during that program year and the succeeding program year. Funds
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which are not expended by the 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.
The Grantee may 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,there are no administrative dollars associated with the grant.
For funds budgeted for Rapid Response Activities, there are no administrative dollars associated with 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, Section 132 through 134.
1.2 Purpose of Funding: Pursuant to the Workforce Investment Act of 1998 Section 134, the
Governor may reserve up to 25% of the Dislocated Worker funds for discretionary projects. These 25%
Discretionary funds are provided to the 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 need to meet the applicable eligibility category for the specific project. Participants in Layoff
Aversion/Incumbent Worker projects need to meet the following United States Department of Labor
definition:
INCUMBENT WORKERS- are currently-employed worke s whose employers have determined
that the workers require training in order to help keep their firms competitive and the subject
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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 must 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, there are no
administrative dollars associated with the grant. If these funds are provided to the Grantee
through a dislocated worker formula, 10%of the grant amount may be used for administration
costs.
b. Matching Funds. These Discretionary Projects require a 25% match for the grant amount. This
match may be either cash or in-kind (e.g. staff time, office space, phones, supplies, etc.), and must
come from participating employers, partner agencies, or non-allocated grant funding available to
the workforce region.
If the Grantee receives an Employer Grant,the match must consist of at least half non-Federal
resources. If the Grantee receives a Targeted Populations Grant,the match must 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
must 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, Section 128 through 136
1.2 Purpose of Funding: Pursuant to the Workforce Investment Act of 1998, Sections 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 Section 127 and Section 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 Sections 129 and
134.
1.3 Required Program Elements.
a. Youth Discretionary Grants. Pursuant to the Workforce Investment Act of 1998 Section 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;
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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. The Grantee may use these funds for allowable employment and
training activities pursuant to WIA Section 134(a)(3).
c. Performance Incentive Grants. The funds are provided to the Grantee, pursuant to 20 CFR Part
666, for regional cooperation among local boards, for local coordination of activities, and for exemplary
performance on the local performance measures,pursuant to WIA Section 136.
Performance Incentive funds may 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.The
Grantee may use these funds for allowable employment and training activities pursuant to WIA Section
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.No Youth Discretionary funds shall
be used to develop or implement education curricula for school systems in the State of Colorado.
H. VETERANS EMPLOYMENT REPRESENTATIVES
1.1 Statutory Reference: PL 107-288 Jobs for Veterans Act of 2002; Title 38, United States Code,
Chapter 41; and 20 CFR 1001.120
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 the 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 the Grantee's workforce center(s).
1.3 Required Program Elements.
The provision of funding to the Grantee for operating costs associated with the number of state Veteran
Employment Representatives collocated in the Grantee's workforce center is subject to the receipt of the
Grantee's operating budget verified and signed off by the Grantee's financial manager. The Grantee shall
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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 that are collocated in the 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 be required to 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 Attachment H of this Grant Agreement),the 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 Sec. 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.
1.3 Required Program Elements:
a. The Grantee shall make available through the One-Stop delivery system all services provided
pursuant to the WIRED Project Proposal(s). The Grantee shall coordinate, develop, implement, and
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PY0S FUNDING PROVISIONS
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, the 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. The 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, the 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. Thu Grantee shall include an
explanation of 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. This report must summarize project activities, employment outcomes, challenges,
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successes, results of the project, and it should 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
the 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 the 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, the 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 Agreement. 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
Agreement 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,
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
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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, the
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 must 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 Agreement 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 the Grantee in an amendment to this Grant Agreement that has been previously
executed and approved in accordance with applicable law.
1.5 Subcontracting: The Grantee shall not subcontract the performance of any part of its duties
related to the WIRED Initiative funds provided under this Grant Agreement except in accordance with the
WIRED Project Proposal or with the prior written consent of the State approving the subcontractor and
subcontractor(s)' activities.
Page 19 of 19
Workforce Investment Act
Attachment B
Local Plan
Workforce Region
Name:
Address:
City/State/Zip
This Attachment B provides the Local Plan required under the Workforce Investment Act of
1998 (WIA) for implementation starting in Program Year 2008. 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 I, 2008 for Program Year 2008-2009.
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#09 KAA XXXXX
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 Donald J. Mares Date
Chair, Board of County Commissioners ,Executive Director, CDLE
By: By:
Local Workforce Investment Date Date
Board, Chair Title:
By: By:
Workforce Center, Director Date Date
Title:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance
until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may
not be obligated to pay for the goods and/or services provided.
STATE CONTROLLER:
LESLIE M. SHENEFELT
By •
Date
Page 1 of 7
Attachment C
• Grant Agreement#09 KAA XXXXX
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
Modification, the BIST should reflect the budget modification with changes highlighted.
H. 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: PY08 Adult Period of Performance: 7/1/08 -6/30/10
Original Allocation: $000,000.00 Vax#
Original Program Budget: $0,000.00 Original Admin Budget: $0.00
Transfer In (+): $00.000_ From Fund Year and Name:
Transfer Out(-): ($00.00) To Fund Year and Name:
Cost Category Current Transfer In/Out(+/-) Revised Budget
Budget
Admin $0.00 $0.00
Program $0.00 $0.00
Set-Aside Project $0.00 • $0.00
DW-Admin (transfer in) $0.00 $0.00
DW-Program (transfer in) $0.00 $0.00
25% Enh DW Admin (transfer in) $0.00 $0.00
25% Enh DW Prog(transfer in) $0.00 $0.00
Total Program $0.00 $0.00
Page 2 of 7
Attachment C
Grant Agreement#09 KAA XXXXX
Use the following for the Youth Program. Modify the BIST as applicable:
Note. The Out-of-School budget amount should be at least 30% of your total Program budget.
Funding Stream: PY08 Youth Period of Performance: 7/1/08-6/30/10 Original Allocation: $000,000.00 Vax#
Original Program Budget: $0,000.00 Original Admin Budget: $0,000.00
Cost Category Current Changes In/Out (+/-) Revised Budget
Budget
Admin $0.00 $0.00
Out-of-School $0.00 $0.00
In-School $0.00 $0.00
% Set-Aside Project $0.00 $0.00
Total Program $0.00 $0.00
Use the following for Miscellaneous Funding: Wagner Peyser,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:
Period of Performance: Vax#
PY08 Name of Grant
Revised Period of Performance:
Original Allocation: $000,000.00
Cost Category Current Budget Changes In/Out(+/-) Revised Budget
Program Expires 6/09 $0.00 $0.00
Program Expires xx/XX $0.00 $0.00
Total Program $0.00 $0.00
•
Page 3 of 7
Attachment C
Grant Agreement#09 KAA,OOOOi
Projected Quarterly Expenditures—Cumulative for PY08
Workforce Region:
Funding Stream: WIA Adult(include all years of Adult funding!add in PY08/FY09 funds when
receivedithat will be spent during PY08)
Expenditures I st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections
Administration
Program
Carry In/Carry Out N/A N/A
Funding Stream: WIA Dislocated Worker(include all years of DW and Enhanced DW funds Ladd
in PY08/FY09 funds when received] that will be spent during PY08)
Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections
Administration
Program
Carry In/Carry Out N/A N/A
Funding Stream: WIA Youth(include all years of Youth funds that will be spent during PY08)
Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections
Administration
Program
Carry In/Carry Out N/A N/A
Funding Stream: Wagner-Peyser
Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections
Administration
Program
Carry In/Carry Out N/A N/A
Funding Stream: NAME OF FUNDING STREAM
Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections
Adm in istration/Program
Page 4 of 7
Attachment C
Grant Agreement#09 KAA XXXXX
PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE
I Workforce Region: I Program and Year: PY08 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 PY08.Submit a revised chart when changes in planned expenditures occur.
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
Total Participants*
Carry In* Enter total carry in Enter total carry in Enter total carry in from
from first quarter here from first quarter here first quarter here
New*
Total Exiters*
Carry Out N/A N/A N/A
Entered Employment Rate**
Employment Retention Rate**
Average Earnings/Wage**
PLANNED PROGRAM ACTIVITIES- CUMULATIVE
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
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 7
Attachment C
Grant Agreement#09 KAA XXXXX
PLANNED PARTICIPATION AND,TERMINATION SUMMARY- CUMULATIVE
Workforce Region: Program and Year: PY08 Dislocated Worker
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 PY08.Submit a revised chart when changes in planned expenditures occur.
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
Total Participants*
Carry In* Enter total carry in Enter total carry in Enter total carry in from
from first quarter here from first quarter here first quarter here
New*
Total Exiters*
Carry Out N/A N/A NIA
Entered Employment Rate**
Employment Retention Rate**
Average Earnings/Wage**
PLANNED PROGRAM ACTIVITIES- CUMULATIVE
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
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 7
Attachment C
Grant Agreement#09 KAA XXXXX
PLANNED PARTICIPATION AND TERMINATION SUMMARY- CUMULATIVE
IWorkforce Region: I Program and Year: PY08 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 PY08.Submit a revised chart when changes in planned expenditures occur.
CATEGORY 1ST 2ND 3RD 4TH
QUARTER QUARTER QUARTER QUARTER
Total Participants*
Carry In* Enter total carry in Enter total carry in Enter total carry in
from first quarter here from first quarter here from first quarter here
New*
Total Exiters*
Carry Out N/A N/A N/A
Placement in Employment
or Education**
Attainment of a Degree or
Certificate**
Literacy &Numeracy
Gains**
Training Services*
Training Completions*
Training Related
Placements*
% Training Related
Placements* _
* CDLE uses the JobLink Activity Report(AS)to track plan versus actual for this item (Program Code Y*)
** CDLE uses the JobLink WIA Common Measures Report (CO)to track plan versus actual for this item.
Page 7of7
Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Attachment 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.
Page 1 of 2
Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records
in order to render in good faith the certification required by this clause. The knowledge and information
of a participant is not required to exceed that which is normally possessed by a prudent person in the
ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed
for debarment, suspended, debarred, ineligible, or voluntarily excluded from participation in this
transaction, in addition to other remedies available to the Federal Government, the department or agency
with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
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 or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Attachment E
Drug-Free Workplace Certifications
Alternate 1. (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 he 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 1 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;
Page 1 of 2
Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of
paragraphs 1,2,3,4,5, and 6.
B. The grantee/contractor may insert in the space provided below the site(s) for the performance of work done
in connection with this grant/contract:
Page 2 of 2
•
Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Attachment 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:
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 or Agent.-No.: K/A Contract Routing No.: 09 KA,4 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Attachment G
Tobacco Free Certification
Public Law 103-227, the Pro-Children Act of 1994, requires that smoking not be permitted in any
portion of any indoor facility owned or leased or contracted for by any entity and used routinely or
regularly for the provision of health, day care, education, or library services to children under the age
of 18, if the services are funded by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to
children's services provided by private residences, facilities funded solely by Medicare or Medicaid
funds, and portions of facilities used for inpatient drug or alcohol treatment. By submitting and
signing the application and this contract, the contractor certifies that it will comply with the
requirements of the Act. The contractor further agrees that it will require the language of this
certification to be included in any subawards (or subcontracts) which contain provisions for
children's services and that all subgrantees(or subcontractors)shall certify and perform accordingly.
Page I of I
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(6).
2. CASH REQUEST 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.
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.
Page 1 of 3
Attachment H
8. ELIGIBLE YOUTH—except for the Job Corps and other National Programs, an eligible youth means an individual
who is between the ages of 14 and 21; is a low-income individual; and is an individual who is one or more of the
following: deficient in basic literacy skills; a school dropout; homeless, runaway, or a foster child; pregnant or a
parent; an offender; or an individual who requires additional assistance to complete an educational program, or to
secure and hold employment.
9. EMPLOYMENT SERVICES-Also known as labor exchange services, these services are delivered under the
Wagner-Peyser Act and include self-help resources, staff-assisted services for job seekers and employers,job
matching,job orders,job search workshops, vocational guidance, labor market information,job referrals, and other
services related to employment and training.
10. EXPENDITURE AUTHORIZATION-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.
12. 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.
13. 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.
14. MIGRANT SEASONAL FARM WORKER(MSFW)-A seasonal farm worker(or food processing worker)who
must travel to do farm work so that he/she is unable to return to his/her permanent residence within the same day.
Full-time students traveling in organized groups rather than with their families are excluded.
15. 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.
16. ONE-STOP AUTOMATION SYSTEM -The Statewide computer system which includes, but is not limited to,
the following components: Participant/Client Tracking,Job Link, Contract Management, Financial reporting, and
Accounting systems.
17. ONE-STOP DELIVERY SYSTEM-A seamless system of service delivery that is created through the
collaboration of entities responsible for separate workforce development funding sources.
18. 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.
19. 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.
20. PERFORMANCE STANDARDS- Performance Standards(also known as performance measures or performance
indicators)are measurement indicators used to-evaluate the performance of a Grantee's Workforce Development
Programs funded under a Grant Agreement. Performance standards include those measurement indicators identified
Page 2 of 3
Attachment H
in the Workforce Investment Act or other Federal laws and regulations and those program-specific indicators
negotiated at the State and Local levels.
21. PERSON WITH A DISABILITY -An individual who: has a physical (motion, vision,hearing)or mental(learning
or developmental) impairment which substantially limits one or more of that person's major life activities; has a
record of such an impairment; or is regarded as having such an impairment(as defined in Section 3 of the Americans
with Disabilities Act of 1990).
22. PROGRAM GUIDANCE LETTERS - Program Guidance Letters (PGL's)are documents issued by the State and
disseminated via the Internet to the Grantees of the workforce regions, identifying policies and procedures that must
be followed in operating and implementing Workforce Development Programs under the Grant Agreement. PGL's
may articulate step-by-step instructions for new procedures, identify portions of an existing policy that are being
revised, and provide program information and guidance to the workforce regions.
23. PROGRAM YEAR-The term used to identify the one-year period from July I through June 30. For example,
Program Year 2008 (PY08) is the time period of July 1, 2008 through June 30,2008. The Program Year is
overlapped by the next Federal Fiscal Year that extends from October 1 to September 30. For example, Program
Year 2008 (PY08) is overlapped by the Federal Fiscal year 2009 (FY09).
24. 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.
25. 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.
26. 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.
27. 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 "Workforce Development Council".
28. VETERANS PRIORITY OF SERVICE-The term `veterans priority of service', for the purpose of workforce
development programs grants, means that eligible veterans (and some spouses)shall be given priority over non-
veterans in the receipt of job referrals,training opportunities,and other employment-related services as designated
by the United States Department of Labor Employment and Training Administration and Veterans Employment and
Training Service.
29. 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.
30. 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.
31. 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 3 of 3
BILL RITTER,JR. DEPARTMENT OF LM,BOR AND EMPLOYMENT
Governor
op cotes DIVISION OF EMPLOYMENT AND TRAINING
DONALD J.MARES 4._ —
Executive Director T 633 17th Street,Suite 1200
Denver.CO 80202-3660
GARY ESTENSON ar
Deputy Executive Director '1816*
Month Day, Year Attachment I
The Board of County Commissioners
of XXXX County [Grantee]
c/o Contact Person
Address
City, State ZIP
Re: Notice of Fund Availability: #[FY - #] for [Workforce Center Name]
Dear Contact Person:
This Notice of Fund Availability (Notice) provides you with funding allocations for workforce
development programs for the Program Year xxxx (PYxx). This Notice#[FY -#] provides the following
[modifications to your] funding allocations:
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 xix/xx) $xxx,xxx.00
Pursuant to the Grant Agreement#[FY-xxxx routing number], the Grantee must submit to the State an
Expenditure Authorization requesting authorization to expend or deobligate these funds. The attached
Fund Availability Summary for all finding sources provided under Grant Agreement#[FY-xxxx routing
number] shows the Total Funding Availability for Program Year [xxxx].
The maximum funding for XXXX County under Grant Agreement#[FY-xxxx routing number] may not
exceed XXX Thousand XXX Hundred Dollars ($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 Progr oms at(303)318-8800.
Sincerely,
Donald J. Mares
Executive Director
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 CFDM Original Allocation Increase/Decrease Total Allocation
WIA - Adult 17.258
WIA-Youth 17.259
WIA -Dislocated Worker 17.260
Wagner-Peyser 17,207
1-
TOTAL
Page 2 of 2
Department or Agency No.: KA, Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
Attachment 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. 6794), 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-
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)
Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd.3 and 290 ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title
VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for Federal assistance is being made;
and (j)the requirements of any other non-discrimination statute(s) which may apply to the
application.
7. Shall comply, or has already complied, with the requirements of Titles II and III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-
646) which provides for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal or federally assisted programs. These requirements apply to all
interests in real property acquired for project purposes regardless of Federal participation in
purchases.
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.); (I) 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.)
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
related to protecting components or potential components of the national wild and scenic rivers
system.
13. Shall assist the awarding agency in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and
protection of historic properties), and the Archaeological and Historic Preservation Act of 1974
(16 U.S.C. 469a.1 et seq.).
14. Shall comply with P.L. 93-348 regarding the protection of human subjects involved in
research, development, and related activities supported by this award of assistance.
15. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as
amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
16. Shall comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et
seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence
structures.
17. Shall cause to be performed the required financial and compliance audits in accordance
with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States,
Local Governments and Non-Profit Organizations."
18. Shall comply with all applicable requirements of all other Federal laws, executive orders,
regulations and policies governing this program.
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;
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Department or Agency No.: KAA Contract Routing No.: 09 KAA 00008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
(3) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against
qualified individuals with disabilities;
(4)The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age;
and
(5)Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the
basis of sex in educational programs.
The Grantee also assures that it shall comply.with 29 CFR Part 37 and all other regulations implementing
the laws listed above. This assurance applies to the Grantee's operation of the WIA Title IB financially
assisted program or activity, and to all agreements the Grantee makes to carry out the WIA Title
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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