HomeMy WebLinkAbout20050737.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, and the
Colorado Department of Labor and Employment, commencing July 1, 2005, and ending June 30,
2008, 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,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.
Th$apove and foregoing Resolution was,on motion duly made and seconded,adopted by
'�-`wing'vote on the 7th day of March, A.D., 2005.
�,� BOARD OF COUNTY COMMISSIONERS
gay. WELD COUNTY, COLORADO
Ies-rck- wit
� $ William H erke, Chair
-" Clerk to the BoardAir ile, ro-Tem
Deputy Clerk to th Board
David E. Long
APPROVED S TO FO
EXCUSED
Robert D. Masden
my Attorney
EXCUSED
-5.A421-
/' /r Glenn Vaad
Date of signature:
2005-0737
HR0076
i
MEMORANDUM
a
ft DATE: March 07, 2005
Wile
TO: Weld County Board of Commissioners
O William H. Jerke, Chair ,,1/
COLORADO FROM: Walter J. Speckman, Executive Director 1JU,\ "
SUBJECT: Grant Agreement for Employment and Training
Programs Under the Workforce Investment Act
Enclosed for Board approval is a Grant Agreement between the Board of Weld County
Commissioners and the Department of Colorado Department of Labor and Employment.
The purpose of the Grant Agreement is to implement and deliver services through
Federal and State funded employment and training programs.
The effective term of the Agreement is July 1, 2005 through June 30, 2008.
If you have any questions, please telephone me at 353-3800, extension 3317.
#2ouc- 0787
•
Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
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 Depat tment of Labor and Employment, with
an address of 633 17th Street, 12th Floor,Denver, CO 80202 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 80632-0758 hereinafter referred to as the "Grantee", enter into this Grant
Agreement, made this day of , 2005 ,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;
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, Function Number 7500,
and Grant Budget Line Number various)under Contract Encumbrance Number 060008;
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, Disabled Veterans'Outreach Program, Local Veterans' Employment Program,
Displaced Homemakers'program, Reed Act 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;
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:
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Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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, 2005, 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. 2008.
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, Pages 21-22
b. Agreement, Pages 1-20
c. Funding Provisions, Attachment A
d. The 5 year Local Workforce Development Plan (Local Plan), Attachment B
e. Attachments C through I
1.4 Funding: Funds appropriated are provided pursuant to an approved Local Plan,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).
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 "Request for
Proposals" or other vendor selection process,the Grantee agrees to deliver services
pursuant to the scope of work,performance measures, and program budget, outlined in
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Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
the approved proposal. The Grantee agrees to adhere to any other specific requirements
for the use of discretionary funds as identified in the "Request for Proposals" 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.
1.7 Attachments: The following attachments are incorporated into this Agreement:
Attachment A—Funding Provisions
Attachment B—5-Year 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)
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
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Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
disbursed pursuant to this Agreement in accordance with all applicable laws,rules, and
regulations;
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.;
I. 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 Ac':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
proper inventory control over all nonexpendable supplies and property valued at $5,000
or greater, which were purchased with WIA funds.
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Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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 fix a hearing before an appropriate county agency in which to
contest the action and a subsequent opportunity to appeal an adverse decision.
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, 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.
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.
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Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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 for
specific financial procedures and instructions.
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
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Department or Agency No.:K,4,4 Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
State no later than the last day 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 state's 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.
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
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Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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
minimum period of not less than three(3)years from the close of the applicable program year,
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Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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.: 06 KAA 0008
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: 1) 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
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Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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.
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 iaccess 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,
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Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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.
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: 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 1933, all regulations promulgated thereunder, and all other
applicable laws, including, but not limited to, those listed below:
A. All applicable provisions of the Uniform Relocation Assistance and Real Property
Acquisition Act of 1970, (URARPAA), Public Law 91-646, which requires the fair and
equitable treatment of persons displaced as a result of federal and federally assisted
programs.
B. All applicable provisions of the Hatch Act,which limits the political activities of certain
state and local government employees.
C. 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)(1) or the Federal Water Pollution Control Act(33
U.S.C. 1319 [C]) and is listed by the Environmental Protection Agency(EPA) or is not
otherwise exempt, 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.
D. All applicable provisions of Child Labor laws.
E. All applicable provisions of safety standards of the Occupational Safety and Health Act
(OSHA).
Page 12 of 22
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Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
F. All applicable provisions of the Davis Bacon Act.
G. All applicable provisions of Part C of Title IV of the Social Security Act.
H. All applicable provisions of the Military Selective Services Act.
I. All applicable provisions of Section 665,Title 18, United States Code, (Theft or
embezzlement from employment and training funds; improper inducement; obstruction of
investigations).
J. All applicable provisions of the Fair Labor Standards Act of 1938.
K. Section 18-8-401 through 408, C.R.S., as amended, (Abuse of Public Office).
L. Equal Employment Opportunities. As a condition to the award of financial assistance
from the U.S.D.O.L., the Grantee shall, with respect to the operation of Workforce
Development Programs and activities and all subordinate agreements or arrangements to
carry out Workforce Development Programs and activities, comply fully with the
Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act
of 1998, as amended (WIA., 29 CFR part 37); the Nontraditional Employment for Women
Act of 1991; title VI of the Civil Rights Act of 1964, as amended; section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as
amended; title IX of the Education Amendments of 1972, as amended; and with all
applicable requirements imposed by or pursuant to regulations implementing those laws,
including but not limited to 29 CFR part 37.
M. All applicable provisions of the Uniform Administrative Requirements and Cost
Principles for Grants and Agreements as promulgated in the Federal Common Rule,
including but not limited to, OMB Circular A-21, A-87, A-102, A-110 and A-122, and 48
CFR Part 31.
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.
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.
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Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
PART 5 -TERMLNATION
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
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.
Page 14 of 22
•
Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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.
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
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Department or Agency No.: KM Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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 employees 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 Insurance:
A. The Grantee or Subcontractor shall obtain, and maintain at all times during the term of
this Agreement, insurance in the following kinds and amounts:
1) Standard Worker's Compensation and Employer Liability as required by State statute,
including occupational disease, covering all employees on or off the work site, acting
within the course and scope of their employment.
2) General, Personal Injury, and Automobile Liability (including bodily injury,personal
injury, and property damage) minimum coverage:
a) Combined single limit of$600,000 if written on an occurrence basis.
b) Any aggregate limit will not be less than $1,000,000.
c) Combined single limit of$600,000 for policies written on a claims-made basis.
The policy shall include an endorsement, certificate, or other evidence that
coverage extends two years beyond the performance period of the Agreement.
d) If any aggregate limits are reduced below$600,000 because of claims made or
paid during the required policy period, the Grantee shall immediately obtain
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Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
additional insurance to restore the full aggregate limit and furnish a certificate or
other document showing compliance with this provision.
B. The State of Colorado shall be named as additional insured on all liability policies.
C. The insurance shall include provisions preventing cancellation without 60 days prior
notice to the State by certified mail.
D. The Grantee shall provide certificates showing adequate insurance coverage to the State
within 7 working days of award or Agreement execution, unless otherwise provided.
E. If the Grantee is a "public entity" within the meaning of the Colorado Governmental
Immunity Act, C.R.S 24-10-101, et seq., as amended("Act"), the Grantee shall at all
times during the term of this Agreement maintain 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 Grantee shall show proof of such insurance.
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,
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 Reearding Lobbying
Attachment G - Tobacco Free Certification.
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.
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.
Page 17 of 22
Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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.
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
915 10th Street,P.O. Box 758
Greeley, Colorado 80632
970.356.4000
with a copy to:
Linda Perez, Director
Weld County Employment Services
1551 North 17th Avenue,P.O. Box 1805
Greeley, Colorado 80632
970.353.3800
STATE:
Leroy J.Williams,Jr., Acting Executive Director
Department of Labor and Employment
633 17th Street, 12th floor
Denver,CO 80202
(303)318-8020
Page 18 of 22
Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
with a copy to,
Donald B. Peitersen,Director
Division of Employment and Training
Department of Labor and Employment
633 17th Street, 12th floor
Denver, CO 80202
(303)318-8002
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
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
Page 19 of 22
Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
Workforce Development Programs for Weld County
This is a legal document. Legal counsel should be consulted before signing.
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.'.i., 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.
•
Page 20 of 22
Contract Routing#06 KAA 0008
SPECIAL PROVISIONS
(For Use Only with Inter-Governmental Contracts)
1. CONTROLLER'S APPROVAL. CRS 24-30-202(1)
This contract shall not be deemed valid until it has been approved by the Controller of the State of Colorado or such assistant
as he may designate.
2. FUND AVAILABILITY. CRS 24-30-202(5.5)
Financial obligations of the State of Colorado 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 against any and all claims,
damages,liability and court awards including costs,expenses,and attorney fees incurred as a result of any act or omission by
the Contractor,or its employees,agents,subcontractors,or assignees pursuant to the terms of this contract.
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 for the parties,of the Colorado Govemmental 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
THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN
EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE 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 TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE
PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES
ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR 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
AGREEMENTS. 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 THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES
AND AGENTS.
5. NON-DISCRIMINATION.
The 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 rubs 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 the contract is capable of execution.
-At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws,
rules,and regulations that have been or may hereafter be established.
7. 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 United States copyright laws or applicable licensing restrictions. The Contractor hereby
certifies that,for the term of this Contract and any extensions,the Contractor has in place appropriate systems and controls to
prevent such improper use of public funds. If the State determines that the 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
the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions.
8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 &CRS 24-50-507
The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest
whatsoever in the service or property described herein.
Page 21 of 22
Effective Date: April 1, 2004
Contract Routing#06 KAA 0008
SPECIAL PROVISIONS
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
CONTRACTOR: STATE OF COLORADO:
BILL OWENS GOVERNOR
/
`t
By The Board of County Commissioners ( / `, IC /
of Weld County By,A_9ting Executive Directog p^..(4 i.C
Legal Name of Contracting Entity I""Leroy J.Williams, Jr.; C
v
84-6000813* /Department of Labor and Employment
Social Security Number or FEIN
IlitAl LEGAL REVIEW:
Signature of Authorized Officer Attorney General, John W. Suthers
William H. Jerke, Chair MAR 0 7 2005
Print Name &Title of Authorized Officer
BY John W. Suthers, Waived 2/1/05 #142
Pre-approved Contract Reviewer
•flab/`+l.NS: i J
ti A
/a:�t-t. u n is air By:
6 ` I / r
1,
�.),y" {) 1981
t.•• 83IOc84 � rt:7o T}gac 8�mit zlytarNt (Place corporate seal here, if available)
Q73 4\ #aeputy Clerk to the Board
AL L 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:
lcsl} SA ) ,,ere/t
By
Dat c-.62---- S
Page 22 of 22
Effective Date: April 1, 2004
o?a2 -o7S7
Attachment A Routing No.: 06KAA 0008
PY05 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 dale 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.
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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 United
States Department of Labor funded workforce development and training programs. Therefore, for all
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 incorporate the following requirements into their service delivery strategies for
veterans:
a. 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.
b. To ensure that veterans receive priority services in the One-Stop delivery system, the Local
Veteran Employment Representative(s) will provide functional supervision over the provision of
services provided to veterans and other eligible applicants by local workforce center staff.
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 or housing Wagner-Peyser staff 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:
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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
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:
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. 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. Employment Placement Rate;
2. Employment Retention Rate;
3. Customer Satisfaction for Job Seekers; and
4. Customer Satisfaction for Employers.
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;
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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. Employment Placement Rate;
2. Employment Retention Rate;
3. Customer Satisfaction for Job Seekers; and
4. Customer Satisfaction for Employers.
e. Provide technical assistance to the workforce region, including training recommendations, upon
request or, on an as-needed basis.
1.5 State Personnel.
a. State Allocation. The State will provide the current program year allocation via a Notice of Fund
Availability Letter, a format for which is presented as Attachment I.
b. Retention of State Emplovee(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, as a result of the implementation of either
Phase I or Phase II of the transition to the One-Stop delivery system, a State employee is required
to move or relocate,then the State shall pay all allowable expenses identified in section 24-50-
134, C.R.S., as amended. If, after the initial move or relocation of a State employee, a workforce
region elects to move that State employee to a new location within that workforce region, then the
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Grantee shall pay all allowable expenses identified in section 24-50-134, C.R.S., as amended.
Costs for all subsequent moves or relocations of State employees after the initial move 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.
f. Functional Management of State Employees by the Grantee.
1. 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. 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.
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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.
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 gram 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.
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1.2 Purpose of Funding: Wagner-Peyser 10% Discretionary funds are awarded by the Governor for
the following purposes:
a. Performance incentives for public employment service offices and programs;
b. Services for groups with special needs;
c. Services targeted at employers;
d. Summer Job Hunt for Youth. The Governor's Summer Job Hunt Program provides funding for
job placement services and employment opportunities to youth seeking unsubsidized jobs for the
summer. Services shall be provided to youth, ages 16 through 21, regardless of geographic
boundaries, income, ethnicity, and special needs.
e. The extra costs of exemplary models for delivering basic labor exchange services; and
f. Developing linkages of services funded by Wagner-Peyser and related Federal and State
legislation such as the provision of labor exchange services at educational sites.
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 ff) and to
explain operation of the complaint system.
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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.
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 funded under the WIA) available in the local
workforce region; and
11. follow-up services for those participants in workforce investment activities who have
received core services and who are placed in unsubsidized employment for not less than
12 months after the first day of the employment.
b. Pursuant to 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:
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1. Comprehensive and specialized assessments of skill levels and service needs;
2. development of an individual employment plan;
3. group counseling;
4. individual counseling and career planning;
5. case management for participants seeking training services;
6. short-term prevocational services to prepare individuals for unsubsidized employment or
training.
c. Except as provided in 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.
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(b) 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.
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1.3 Program Design Requirements: Pursuant to Section 129(c)of the WIA,programs and services
provided by Title I Youth Funds must include:
a. Objective assessment of the academic skill levels, and service needs of each participant;
b. Development of service strategies for each participant that shall identify an employment goal,
appropriate achievement objectives, and appropriate services for the participant; and
c. Provision of
1. Preparation for postsecondary educational opportunities in appropriate cases;
2. Strong linkages between academic and occupational learning;
3. Preparation for unsubsidized employment opportunities, in appropriate cases; and
4. Effective connections to intermediaries with strong links to the job market and local and
regional employers.
1.4 Required Program Elements: Pursuant to 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;
fl 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;
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
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systems in Colorado.None of the Title I Youth funds provided herein may be used to provide funding for
the School-to-Work program.
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(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
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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.
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:
Page 12 of 15
Attachment A Routing No.: 06 KAA 0008
PY05 FUNDING PROVISIONS
INCUMBENT WORKERS-are currently-employed workers whose employers have determined
that the workers require training in order to help keep their firms competitive and the subject
workers employed, avert layoffs, upgrade workers'skills, increase wages earned by employees
and/or keep workers'skills competitive. Such training would support further job retention and
career development for improved economic self-sufficiency for employed workers, especially
those most vulnerable to job loss, and increase the capability of the employing firm(s) to access
and retain skilled workers.
Participants in Targeted Populations projects 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;
Page 13 of 15
Attachment A Routing No.: 06 KAA 0008
PY05 FUNDING PROVISIONS
3. Support services(e.g. development of youth services website; career fairs; liaisons with
employers, etc.);
4. Incentives for recognition and achievement to eligible youth; and
5. Activities related to leadership, development, decision-making, citizenship, and
community service.
b. Adult Discretionary Grants. 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: 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
veterans and other eligible applicants.These services include registration, counseling, referral to
supportive services,job development, labor market information,resume development, 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).
I. UNEMPLOYMENT INSURANCE REEMPLOYMENT SERVICES
1.1 Statutory References: Wagner-Peyser Act of 1933 as amended by Title III of the Workforce
Investment Act(WIA) of 1998; USDOL Training and Employment Guidance Letter(TEGL) NO. 1-01:
Program Year(PY) 2001 Reemployment Services Allotments Planning Guidance.
Page 14 of 15
Attachment A Routing No.: 06 KAA 0008
PYOS FUNDING PROVISIONS
1.2 Purpose of Funding: The Unemployment Insurance Reemployment Services funds are provided
to enhance and target the labor exchange services to unemployment insurance (UI) claimants provided
within the framework of the One-Stop Workforce center.
1.3 Required Program Elements: Enhanced services for UI claimants include early intervention
and immediate referrals to suitable job openings; case management;job search workshops;job
development; and referrals to jobs,training or other support services which will facilitate UI claimants'
reentry into employment.
1.4 Restrictions on Funding: UI Reemployment Services funding shall be used only for the stated
purpose identified in an approved project proposal and/or for required program elements of the specific
program as identified in these funding provisions.
Funds are allocated by the State to the Grantee for the period of performance identified and are available
for expenditure only during that period of performance. Funds which are not expended by the Grantee in
the performance period must be returned to the State. Funds so returned may be redistributed by the
State.
J. 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).
Page 15 of 15
Workforce Investment Act
Attachment B
Local Plan Modification
Workforce Region
Name:
Address:
City/State/Zip
This Attachment B provides modifications to the Local Plan that was approved under the
Program Year 2000-2001 Grant Agreement and subsequent Program Year Plan Modifications.
We certify that any modifications to the Local Plan are presented here for implementation
beginning July 1, 2005 for Program Year 2005-2006. All other components of the approved
Local Plan and its subsequent approved modifications remain in effect under this PY05 Grant
Agreement.
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
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 Depai tment 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 Leroy J. Williams, Jr. 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 8
Attachment C
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 BISTshould reflect the budget modification.
II. SCOPE OF WORK:
III. MODIFICATION(S) REQUESTED and RATIONALE FOR MODIFICATION:
IV. REVISED GOALS,OBJECTIVES,and OUTCOMES:
V. REVISED PLANNED PARTICIPATION AND TERMINATION SUMMARY:
Page 2 of 8
Attachment C
BUDGET INFORMATION SUMMARY TABLES (BISTs)
Use the following for the Adult or Dislocated Worker Programs:
Funding Stream: PY05 Adult Period of Performance: 7/1/05- 6/30/07 _
Original Allocation: $000,000.00 To Administration Pool: $00,000.00
Current Program Budget: Vax#
Transfer In(+): $00.000 From Fund Year and Name:
Transfer Out(-): ($00.00) To Fund Year and Name:
Revised Program Budget: $0.00
Cost Category Current Budget Transfer In/Out(+/-) Revised Budget
Program $0.00 $0.00
Total Program $0.00 $0.00
Use the following for the Youth Program:
Note: The Out-of School budget amount should be at least 30%of your total Program budget.
Funding Stream: PY05 Youth I Period of Performance: 7/1/05-6/30/07
Original Allocation: $000,000.00 To Administration Pool: $00,000.00
Current Program Budget: Vax#
Cost Category Current Budget Changes In/Out(+/-) Revised Budget
Out-of-School $0.00 $0.00
In-School $0.00 $0.00
Total Program $0.00 $0.00
Use the following for the 25% Enhanced Dislocated Worker Program
Funding Stream: PY05 25% Enhanced DW Period of Performance: 7/1/05- 6/30/07
Original Allocation: $000,000.00 Vax#:
Current Program Budget:
Transfer In (+): $00.000 From Fund Year and Name:
Transfer Out(-): ($00.00) To Fund Year and Name:
Revised Program Budget: $0.00
Cost Category Current Budget: Transfer In/Out(+/-) Revised Budget
Administration $0.00 $0.00
Program $0.00 $0.00
Total Program $0.00 $0.00
Page 3 of 8
Attachment C
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: PY05 NAME OF GRANT Period of Performance: 7/1/05-6/30/06
Revised Period of Performance:
Original Allocation: $000,000.00 Vax#
Cost Category Current Budget Changes In/Out(+/-) Revised Budget
Program Exp 6/06 $0.00 $0.00
Total Program $0.00 $0.00
Use the following for your WIA Pooled Administration Budget
Note: Start with your Total WIA Allocation for Adult, Dislocated Worker, and Youth. This amount
should include the Administration dollars. The Total Pooled Administration amount should not exceed 10%of
the Total PYOS +FY06 Allocation.
Funding Stream: PY05/FY06 Administration j Period of Performance: 7/1/05- 6/30/07
Original Total PY05 Allocation: $000,000.00 Vax#
Original Total FY06 Allocation: $000,000.00
Total PY05+FY06 Allocation: $000,000.00
Current Admin Budget: $000,000.00
Administrative Dollars $00.000 From Fund Year and Name:
Transferred In(+):
Administrative Dollars ($00.00) To Fund Year and Name:
Transferred Out(-):
Revised Admin Budget: $0.00
Funding Stream Current Budget Changes In/Out(+/-) Revised Budget
PY05 Adult $0.00 $0.00
PY05 Youth $0.00 $0.00
PY05 Dislocated Worker $0.00 $0.00
FY06 Adult $0.00 $0.00
FY06 Dislocated Worker $0.00 $0.00
Total Pooled Admin. $0.00 $0.00
Page 4 of 8
Attachment C
Projected Quarterly Expenditures-Cumulative
Workforce Region:
Funding Stream: PY05/FY06 Adult
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: PY05/FY06 Dislocated Worker
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: PY05 Youth
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: PY05/FY06 25% Enhanced Dislocated Worker
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: PY05 Wagner Pevser
Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projections
Administration/Program
Page 5 of 8
Attachment C
PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE
Workforce Region: I Funding Stream and Program Year: PYd5 Adult
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4Th QUARTER
Total Participants
Carry In N/A N/A Enter total carry in from
first quarter here
New
Total Exiters
Entered Employment Rate
Employment Retention Rate
Earnings Increase- 1st Quarter
Earnings Increase-3rd Quarter
Cost per Participant
Employment and Credential
Rate
Carry Out N/A N/A N/A
PLANNED PROGRAM ACTIVITIES- CUMULATIVE
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
Registered Core Services
Intensive Services
Training Services
Page 6 of 8
Attachment C
PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE
I Workforce Region: I Funding Stream and Program Year: PY05 Dislocated Worker
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
Total Participants
Carry In N/A N/A Enter total carry in from
first quarter here
New
Total Exiters
Entered Employment Rate
Employment Retention Rate
Earnings Increase- 1st Quarter
Earnings Increase-3rd Quarter
Cost per Participant
Employment and Credential
Rate
Earnings Replacement Rate
Carry Out N/A N/A N/A
PLANNED PROGRAM ACTIVITIES-CUMULATIVE
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
Registered Core Services
Intensive Services
Training Services
Page 7 of 8
Attachment C
PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE
I Workforce Region: I Funding Stream and Program Year: PY05 Older Youth 1
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
Total Participants
Carry In N/A N/A Enter total carry in from
first9uarter here
New
Total Exiters
Rate of Placement in
Employment or Education •
Attainment of Degree or
Certificate
Literacy and Numeracy Gain
Cost per participant
Employment Retention Rate
Earnings Increase
Carry Out N/A N/A N/A
I Workforce Region: I Funding Stream and Program Year: PY05 Younger Youth
CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER
Total Participants
Carry In N/A N/A Enter total carry in from
first quarter here
New
Total Exiters
Rate of Placement in
Employment or Education
Attainment of Degree or
Certificate
Literacy and Numeracy Gain
Cost per participant
Retention Rate
Carry Out N/A N/A N/A
Page 8 of 8
Department or Agency No.: KAA Contract Routing No.: 06 KAA 0008
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.: 06 KAA 0008
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.: 06 KAA 0008
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 I. (Contractors/Grantees Other Than Individuals)
A. The grantee/contractor certifies that it will or will continue to provide a drug-free workplace by:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the
actions that will be taken against employees for violation of such prohibition:
2. Establishing an ongoing drug-free awareness program to inform employees about-
a) The dangers of drug abuse in the workplace;
b) The grantee's policy of maintaining a drug-free workplace;
c) Any available drug counseling,rehabilitation, and employee assistance programs; and
d) The penalties that may be imposed upon employees for drug abuse violations occurring in the
workplace;
3. Making it a requirement that each employee to be engaged in the performance of the grant/contract be
given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by paragraph 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.: 06 KAA 0008
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.: 06 KAA 0008
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:
1 No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal
loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an office or employee of any agency, a Member of Congress, an
office or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3 The undersigned shall require that the language of this certification be included in the award documents
for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans and
cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more then $100,000 for
each such failure.
Page 1 of 1
Department or Agency No.:KAA Contract Routing No.: 06 KAA 0008
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 1 of 1
Attachment H
GRANT AGREEMENT DEFINITIONS
1. ADULT—An individual who is 18 years or older except when the individual is between the ages of 18
and 22 and meets the eligibility qualifications of a"disadvantaged youth"pursuant to the WIA Section 127
(b)(2); and except for formula allocation purposes which determines an adult as 22 years to 72 years
pursuant to the WIA Section 132(b).
2. CASH REQUEST FORM-A cash request form is a printout of the Cash Request screen in the Vox
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.
Page 1 of 3
Attachment H
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. MEMORANDUM OF UNDERSTANDING-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.
13. NOTICE OF FUND AVAILABILITY-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.
14. 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.
15. 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.
16. 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.
17. PARTICIPANT-An individual who has been determined to be eligible to participate in and who is
receiving services under a program authorized by the Workforce Investment Act. Participation shall be
deemed to commence on the first day, following determination of eligibility, on which the individual began
receiving subsidized employment,training, or other services provided under the WIA.
Page 2 of 3
Attachment H
18. PERFORMANCE STANDARDS-Performance Standards (also known as performance measures or
performance indicators)are measurement indicators used to evaluate the performance of a Grantee's
Workforce Development Programs funded under a Grant Agreement. Performance standards include those
measurement indicators identified in the Workforce Investment Act or other Federal laws and regulations
and those program-specific indicators negotiated at the State and Local levels.
19. 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).
20. 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.
21. PROGRAM YEAR-The term used to identify the one-year period from July 1 through June 30. For
example,Program Year 2004 (PY05)is the time period of July 1, 2005 through June 30, 2006. The
Program Year is overlapped by the next Federal Fiscal Year that extends from October 1 to September 30.
For example,Program Year 2005 (PY05)is overlapped by the Federal Fiscal year 2006(FY06).
22. 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.
23. 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".
24. 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.
25. 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.
26. 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 OWENS DEPARTMENT OF LABOR AND EMPLOYMENT
Govemor
LEROY J.WILLIAMS,Jr. �°F•°°�o� DIVISION OF EMPLOYMENT AND TRAINING
Acting Executive Director
e; N Two Park Central,Suite 400
(N
1515 Arapahoe Street
DONALD B.PEITERSEN *r%torw/ Denver,CO 80202
Director Jaya
Month Day,Year Attachment I
The Board of County Commissioners
of XXXX County [Grantee]
do 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 perfonnance x/x/xx through x/x/xx) $xxx,xxx.00
Pursuant to the Grant Agreement#[FY-xxxx routing number], the Grantee must submit to the State an
Expenditure Authorization requesting authorization to expend or deobligate these funds. The attached
Fund Availability Summary for all funding sources provided under Grant Agreement#[FY-xxxx routing
number] shows the Total Funding Availability for Program Year [xxxx].
The maximum funding for XXXX County under Grant Agreement#[FY-xxxx routing number] may not
exceed XXX Thousand XXX Hundred Dollars($xxx,xxx.00). The funding allocations identified
herein will be available to the [Workforce Region],provided that a Grant Agreement has been fully
executed. This letter will become Attachment Ito the fully executed Grant Agreement for your region.
If you have any questions,please call Workforce Development Programs at(303) 318-8800.
Sincerely,
Leroy J. Williams,Jr.
Acting 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# CFDA# Original Allocation Increase/Decrease Total Allocation
WIA-Local Admin
WIA-Adult 17.258
WIA-Youth 17.259
WIA-Dislocated Worker 17.260
Wagner-Peyser 17.207
TOTAL
Page 2 of 2
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