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HomeMy WebLinkAbout20001359.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 upon full execution of said agreement, and ending June 30, 2003, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the 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 agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of June, A.D., 2000. BOARD OF COUNTY COMMISSIONERS WEJD COUNTY, COLORADO ( {J�� , ATTEST: �i ! '�� Barbara J rkmeyer, Chair T Weld County Clerk tot :,�+= wp9 ` _ i , ��►►` M. J Gei/e, ro-Tern BY: a/�!/. • i�i ��.v �" , f_'. Deputy Clerk to the � (RITI�' / C gge Baxter APPROVED AS TO F - , - Dale K. Hall / Ul ! b �minty Attorney �2 Glenn Vaad=- 2000-1359 C C the HR0071 - �, MEMORANDUM TO: Board of Weld County Commissioners W4M4kirrIlD Barbara J. Kirkmeyer, Chair FROM: Waft Speckman, Director 1''\\j Q Weld County Division of Human�U Services COLORADO DATE: June 5, 2000 SUBJECT: Grant Agreement for Employment and Training Programs under the Workforce Investment Act of 1998 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 aill State funded employment and training programs. The effective term of the Agreement is July 1, 2000 through June 30, 2003. If you have any questions please feel free to telephone me at 353-3800, extension 3317. 20CD-1 S'39 Co BILL OWENS DEPARTMENT OF LABOR AND EMPLOYMENT Govemor of.coY.O DIVISION OF EMPLOYMENT AND TRAINING VICKIE L.ARMSTRONG 1, a .p Executive Director ye,„ .rn Two Park Central,Suite 400 b 1515 Arapahoe Street JEFFREY M.WELLS \* +. Denver,CO 80202 Deputy Executive Director \ra96• ROBERT D.HALE Director of the Division of Employment and Training May 30,2000 The Board of County Commissioners of Weld County Barbara J. Kirkmeyer 915 10th St. Greeley, CO 80631-1123 Re: Notice of Fund Availability: #00-01 for July 1, 2000 through June 30,2001 Weld County Employment and Training Services Dear Ms. Kirkmeyer: This Notice of Fund Availability(Notice) provides you with funding allocations for employment and training programs for the Program Year 2000(PY00) covering the time period of July 1, 2000 through June 30, 2001. This Notice#00-01 provides the following funding allocations: Workforce Investment Act Title I-Adult $260,535.53 Workforce Investment Act Title I-Youth $279,836.77 Workforce Investment Act Title I-Dislocated Worker $210,839.87 Wagner-Peyser(Base Funding) $391,984.20 Wagner-Peyser(Adjustment) $43,043.21 Wagner-Peyser(GGCC Savings 7/1/99 -6/30/00) $1,102.00 Pursuant to the Grant Agreement#01 KAA 0027, 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#01 KAA 0027 shows the Total Funding Availability for Program Year 2000. The maximum funding for Weld County under Grant Agreement#01 KAA 0027 may not exceed One Million One Hundred Eighty-Seven Thousand Three Hundred Forty-One Dollars and Fifty-Eight Cents ($1,187,341.58). The funding allocations identified herein will be available to the Weld County 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 Employment and Training Programs at(303) 620-4200. Sinc?r'e y Jeffrey Wel s, Deputy Executive Director cc: Contract File# 01 KAA 0027 Page 1 of 2 Notice of Fund Availability I:etter Attachment I Fund Availability Summary Workforce Region: Weld County Program Year and Total Amount of Funds: PY00 Funding Source Vax# Original Allocation Increases/Decreases Total Allocation WIA Title I Adult 76 $260,535.53 $260,535.53 WIA Title I Youth 77 $279,836.77 $279,836.77 WIA Title 1 Dislocated Worker 78 $210,839.87 $210,839.87 Wagner-Peyser(Base) 79 $435,027.41 $435,027.41 GGCC Savings 79 $1,102.00 $1,102.00 j TOTAL $1,187,341.55 1---i 51,187,341.58 L.ps, Page 2 of 2 BILL OWENS DEPARTMENT OF LABOR AND EMPLOYMENT Governor VICk.IE L.ARMSTRONG �co;oe�cozo� EMPLOYMENT AND TRAINING PROGRAMS Executive Director He o Two Park Central,Suite 400 * 1515 Arapahoe Street JEFFREY M.WELLS tits,: Denver,CO 80202 Deputy Executive Director r rave* J.DWIGHT STEELE Director of Employment and Training Programs May 30,2000 The Board of County Commissioners of Weld County Barbara J. Kirkmeyer 915 10th St. Greeley, CO 80631-1123 Re: Transmittal of Proposed Grant Agreement for PY00 Employment and Training Programs Contract Routing#01 KAA 0027 Dear Ms. Kirkmeyer: I enclose herewith 4 duplicate originals of a proposed PY00 Grant Agreement(Contract)between the Colorado Department of Labor and Employment and The Board of County Commissioners of Weld County. Time is of the essence. Please return the FOUR signed copies to me at the above address by June 23,2000. Make sure that each Grant Agreement has original signatures on each copy and that the authorized signature is attested and. the corporate seal is applied to the signature page. Reproduction of signatures by means of facsimile stamps, photocopy, or other means of reproduction will not be accepted as authorized signatures. The individual(s) signing this Contract must have actual legal authority to bind your entity to performance of this Contract. If you have any questions, I can be reached at 303-620-4217. Sincerely,• Chllystalynn Contract Coordinator encl.: CDLE Contract File 01 KAA 0027 BILL OWENS DEPARTMENT OF LABOR AND EMPLOYMENT Governor oFco� DIVISION OF EMPLOYMENT AND TRAINING VICKIE L.ARMSTRONG q'. - Executive Director y< Two Park Central,Suite 400 1515 Arapahoe Street JEFFREY M.WELLS •* x* Denver,CO 80202 Depul:y Executive Director t tape"ROBERT D.HALE Director of the Division of Employment and Training May 30,2000 The Board of County Commissioners of Weld County Barbara J. Kirkmeyer 915 10th St. Greeley, CO 80631-1123 Re: Grant Agreement for Employment and Training Programs-Modifications Dear Ms. Kirkmeyer: We are pleased to provide you the final version of the Grant Agreement for Employment and Training Programs for Program Year 2000. You will notice that the enclosed document has a few modifications since the draft version was emailed to you on April 27,2000. I believe these modifications will benefit your workforce region and provide more consistency over all of the workforce regions. The following changes have been made: 1)Deleted: Whereas Clause which referenced the Governor's Executive Order designating the workforce regions The Governor approved the workforce regions in the State's five year plan and the Local Plans but did not issue an executive order. 2) Modified: Section 5.4 Termination Due to Modification in Funding was modified to change and clarify the termination process to be followed if the Grantee terminates the Grant Agreement as a result of a reduction in funding. 3) Modified: Special Provisions, Indemnification. Since many of the workforce regions agreed to the indemnification clause that was included in the Welfare to Work contracts,this indemnification clause is included here with one slight modification: the struck language loyoes and agen' " has been completely deleted. 4) Modified: Funding Provisions, Attachment A,Section A.4 Wagner-Peyser Employment Service. Afte- extensive discussion with the U. S. Department of Labor over their concerns for compliance with the Wagner-Peyser Act and the Workforce Investment Act regulations covering State merit-system employees, we have modified the Funding Provisions Section A.4 so that the State retains full authority for all personnel matters related to State employees while the Grantee will provide guidance and day-to-day functional operational supervision to State merit- system employees. Please note that because this document has already been reviewed and approved by the Colorado Attorney General and conforms to specific requirements and wording imposed by the U. S. Department of Labor, no changes are anticipated. If you have any questions,please call Chrystalynn at(303)620-4217. Sine el JJ Jeffre M. We Is /� Deputy Executive Director Routing No.: 01 KAA 902' Attachna?nt.-1 FUNDING PROVISIONS The Grantee agrees to adhere to the requirements of relevant Policy Guidance Letters and specificati ails outlined below for each funding source and Employment and Training Program. A.1 and A.2 WIA Title I Adult and Dislocated Worker Statutory Reference: Workforce Investment Act of 1998, Title 1,20 CFR Part 652 et al., effective August 7, 1998. Purpose of Funding: The purpose of the Adult and Dislocated Worker funds is to provide a continu nn of-services i:e. core services, intensive services, and training services, to adultsl8ygars of age and older and to dislocated workers eligible under the Workforce Investment Act(WIA) section 101(9). \Required Program Elements: 1. 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: A) Eligibility determinations for programs delivered under WIA; B) outreach, intake,and orientation to workforce center information and services: C) initial assessment of skill levels, aptitudes, and supportive service needs; D) job search and placement assistance; career counseling, if needed; E) provision of employment statistics and information relating to local, regional, and national labor market regions; F) provision of performance information and program cost information on eligible pros idets who are delivering employment training services under the WIA; G) provision of information regarding local region performance with regard to One-Stop delivery system performance measures; H) 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; I) provision of information regarding filing claims for unemployment compensation; J) 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 K) 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. 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 Onc- Stop delivery system. Intensive services may include: A) Comprehensive and specialized assessments of skill levels and service needs; B) development of an individual employment plan; C) group counseling; D) individual counseling and career planning; Page 1 of 16 Routing No.: 01 KAA -702 • AttachmentA FUNDING PROVISIONS E) case management for participants seeking training services; F) short-term prevocational services to prepare individuals for unsubsidized employment o: training. 3. 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: A) Occupational skills training, including training for nontraditional employment: B) - on-the-job training; — — C) programs that combine workplace training with related instruction, which may include cooperative education programs; D) training programs operated by the private sector; E) skill upgrading and retraining; F) entrepreneurial training; G) job readiness training; H) adult education and literacy activities provided in combination with services described in items a-g above; I) customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. 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. 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: To encourage or induce the relocation of a business establishment, or part thereof, that result; in a loss of employment for any employee of such establishment at the original location; 2. - 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 sue i establishment at the original location,: 3. 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 4. For foreign travel. 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 Page 2 of 16 Routing No.: 01 K4.4 J02- Attachment A FUNDING PROVISIONS returned may be redistributed by the State for the Statewide projects or to regions who have lull' expended their allocation of funds for the same program year within the two-year period. 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 Policy Guidance Letters issued by the State concerning grievance procedures. Page 3 of 16 Routing No.: 01 KAA 902- Attachment.1 FUNDING PROVISIONS A.3 WIA Title I Youth Statutory Reference: Workforce Investment Act of 1998, Title 1, 20 CFR Part 652 et al., effective August 7, 1998. Purpose of Funding: The purposes of Title 1 Youth Funds are to provide to eligible youth the following 1) 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; - — 2) On-going mentoring opportunities for eligible youth with adults committed to provie trig such opportunities; 3) Training services, support services, and incentives for recognition and achievement 4) Opportunities of activities related to leadership, development, decision-making, citizenship, and community service. 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: 1) Tutoring, study skills training, and instruction, leading to completion of secondary school, including dropout prevention strategies; 2) Alternative secondary school services, as appropriate; •-3) Summer employment opportunities that are directly linked to academic and occupatimna, learning; 4) As appropriate, paid and unpaid work experiences, including internships and job shadowing; 5) Occupational skill training, as appropriate; 6) 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; - 7) Supportive services; 8) Adult mentoring for the period of participation and a subsequent period, for a total o l no- less than 12 months; 9) Follow-up services for not less than 12 months after the completion of participation, as appropriate; and 10) Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and referral, as appropriate. 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. Information and Referrals: The Grantee shall provide to each participant or applicant who meets tle minimum income criteria to be considered an eligible youth the following: I) 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 2) Referral to appropriate training and educational programs that have the capacity to serve the participant or applicant either on a sequential or concurrent basis: Page 4 of 16 Routing No.: 01 KA,A 002 Attachmc nt A FUNDING PROVISIONS 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 Prohibition of Use of Title I Youth Funds: No funds provided pursuant to Section 126 through Section 129 and Section 134(a) shall be used to develop or implement education curricula for school systems in Colorado. None of the Title I Youth funds provided herein may be used to provide funding for the School-to-Work program. 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(h) and 133(6), 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 the Statewide projects or to regions who have fully expended their allocation of funds for the same program year within the two-year period. 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 Police Guidance Letters issued by the State concerning grievance procedures. Page 5 of 16 Routing No.: 01 KAA 002- Artachm an FUNDING PROVISIONS A.4 Wagner-Peyser- Employment Service Statutory Reference: Wagner-Peyser Act of 1933, as amended by Public Law 97-300 Job Training Partnership Act(JTPA)which became effective October I, 1983; as amended by Public Law 105-223 Workforce Investment Act of 1998 which became effective August 7, 1998; and C.R.S. Title 8,Artie Ic 71, Sections 101 and 106. 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 andpc-based software to databases and websites, such as, America's Job Bank. Talent Bank, and Learning Exchange,where jc b orders and resumes can be posted and job matches can be made. Staff-assisted services for job seeker \trust include one-on-one or group activities, such as,job search workshops, assessment, vocational guidanpe, 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. Program Requirements: 1. The Grantee must make available through the One-Stop delivery system all labor exchange services identified above in section A.4, "Purpose of Funding". 2. -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: A. Special disabled veterans - B. Vietnam-era veterans C. Disabled veterans other than special disabled veterans ll. All other veterans and eligible persons E. Non-veterans 3. Migrant and seasonal farmworkers must be provided the full range of services offered to the general public. 4. The Grantee may not charge a fee for any Wagner-Peyser funded activity. 5. 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: A. Job seekers cannot be referred to a for-profit employment agency that will charge them a fee for job placement; B. 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; C. Job orders which are discriminatory or pay less than minimum wage-cannot be accepted Page 6 of 16 Routing No.: 01 KAA 002" Attachment A FUNDING PROVISIONS 6. The Grantee must register any Unemployment Insurance claimants for work and notify the Slate 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. 7. The Grantee must make a Wagner-Peyser staff person available during regular office hours io take complaints pursuant to the Job Service Complaint System (20 CFR 658.400 ff) and to explain operation of the complaint system. 8. 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 ft) Roles And Responsibilities Of The State: The State shall: , in coordination with the Workforce Development Council, negotiate minimum performance criteria in the following four categories: (1) customer satisfaction for job-seekersand employers. (2) customer outcomes; (3) market growth and penetration; and, (4)the cost-effectiveness of the delivery of services. The State is responsible for conducting evaluations based on these performance standards; 2. 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; 3. Review a plan submitted by a workforce region which has first been submitted to the SWIB for policy review. After the SWIB's review of the plan, the SWIB shall submit the plan, with its recommendations for approval or disapproval, to the State for policy and regulatory 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 SWIB; 4. - Allocate funds for Wagner-Peyser administration and service delivery to a workforce region alter final approval of a plan:; 5. Monitor workforce region activities and performance for compliance with all applicable fede-al and state requirements; 6. Provide technical assistance to a workforce region, including training recommendations, upon request or, on an as-needed basis. State-Provided Resources: 1. STATE PERSONAL PROPERTY. State fixed assets used in the delivery of services to the citizens of the State of Colorado at local workforce centers shall be available to the Grantee in a workforce region upon the transition of the workforce center(s)to a One-Stop Delivery System. All assets transferred from the State to a workforce region shall be documented by tag numbs r Receipt of these assets shall be acknowledged in writing by representatives of the Grantee al d the State. If the Grantee in a workforce region elects to use personal property still under leas,: between the State and a third party vendor, then the State reserves the right to deduct such Page 7 of 16 Routing No.: 01 KAA 002- Attachment.1 FUNDING PROVISIONS charges from payments due to the Grantee and pay those lease payments directly to the third party vendor. 2. STATE REAL PROPERTY LEASES. During the performance of this Agreement, the Grantee shall use former State workforce centers as a principal office or a satellite office for that workforce region for the balance of the lease term. The Grantee shall assume all real property leases associated with former State workforce centers in a workforce region, through either a novation agreement with the lessor or, a sublease with the State, at the Grantee's option. As ;tech. the Grantee shall assume all rights, and be subject to, all duties and obligations, of those real property leases. If a lessor refuses to enter into a novation agreement-with-the State and the Grantee,then the Grantee agrees to enter into a sublease with the State and shall honor all interest, rights, and obligations under that real property lease between the State and the lesso-. The State reserves the right to deduct real property lease rentals from payments due to the Grantee and pay those real property lease payments directly to the lessor. 3. 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 Employee(si . 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 •awe, regarding merit staffing requirements including, but not limited to, the Wagner-Peyser Act of 1933, 29 U.S.C. 49, et seg., 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 adequate 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 aad technical assistance to state and local governments for strengthening their personnel administration is in a manner consistent with these principles and in the national merest 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 Page 8 of 16 Routing No.: 01 KAA 902' Attaclnnent.4 FUNDING PROVISIONS a new location within that workforce region, then the Grantee shall pay all allowable expenses identified in section 24-50-]34, 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 transitior 10 the One-Stop delivery system are under the guidance of the Grantee, shall remain on the State's payroll system. The State shall invoice the Grantee in a given workforce regi)n on a monthly basis for the costs associated with these State employees. The State reserves the right to deduct such charges from payments due tsthe-Grantee. F. Functional Management of State Employees by the Grantee. 1. General. Except as otherwise provided in this Agreement, the Grantee will provide guidance to state employees through day-to-day functional operatioral supervision 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 will be responsible for all payroll matters for State employees. 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 Grantee shall fulfill the duties and responsibilities using the classified personnel system grievance process in the initial meeting. The Grantee shall conduct appropriate investigation(s), conduct the initial meeting, and furnish suitable information to State supervisors and management. The State shall retain the responsibility for all actions on grievances after the initial meeting. The Grantee will implement the relief determined appropriate by ti e State. 4. Corrective Actions. The Grantee in conjunction with the State 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, aid 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. Supervisory Training. The Grantee will require its employees who are exerc•sing guidance and functional operational supervision over State employees to attend State supervisory training to be provided by the State. Page 9 of 16 Routing No.: 01 1121,4 002 Attachment 1 FUNDING PROVISIONS 7. Documentation. Copies of all personnel-related correspondence, Colorado Peal, Performance(CPP) Plans, progress reviews, grievances, corrective actions, or decisions on any of the above shall be promptly provided directly to the Human Resources Director of the State at the same address as that set forth below for the State Representative. All such transmittals shall be marked confidential. 8. Receipt of Documents. The Grantee will acknowledge upon receipt that it ha, in its possession all state classified personnel system statutes, State Personnel 13oard Rules and Director's Procedures. The Grantee acknowledges receipt from the State of Colorado Peak Performance (CPP) Plan forms, grievance forms, and notices of employee rights for grievances and corrective action relief. 9. Posted Notices. The Grantee shall post in conspicuous places all notices remixed by state law for state classified employees. The State shall supply necessary copies of such notices at the State's expense. 10. 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. 11. Exceptions. Guidance through the day-to-day functional operational supers ision of the State's classified employees by county employees is authorized under this Agreement, with the following limitations: a. County supervision of classified employees of the State does not apply to the delivery of specific programs such as the Disabled Veterans Outreach Program (DVOP)and the Local Veterans Employment Representative(EVER) services. These programs must continue to be provided by employees of the State under the supervision of other State employees; b. Unless federal waivers to the contrary are granted, State employees performing Migrant and Seasonal Farm worker(MSFW) outreach work must continue to be supervised by State employees. 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. 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 Page 10 of 16 Routing No.: 01 KAA 002- Attachment A FUNDING PROVISIONS 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 bt contacted by a representative of any employee organization during working hours for the purpose of soliciting membership to that employee organization. With the prior cowent 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'. job site during normal business hours concerning any matter incidental to that employees employment relationship with the State or Grantee. The conference shall be conducted s,� as to avoid interference with other employees in the work unit. 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 prov ded sb„zy 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. Page 11 of 16 Routing No.: 01 KAA In/2 - Attachme'nt A FUNDING PROVISIONS A.5 Local Veteran Employment Representative(LVER) and Disabled Veteran Outreach Program (DVOP) Specialist Statutory Reference: Title 38, United States Code, Chapter 41; and 20 CFR 1001120 Purpose of Funding: The LVER and DVOP funding allows for the delivery of 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. Required Program Elements: All job orders processed through JobLink and Job Match systems with staff assistance must have veterans preference applied. Job orders taken by staff are to be placed on hold until a veteran search and call-in has been performed. If no qualified veterans are found, the job order will be released immediately for staff-assisted or self-referral of non-veterans. Z. To ensure that veterans receive priority services in the One-Stop delivery system, the Local Veteran Employment Representative will provide functional supervision over the provision of services provided to veterans and other eligible applicants by local workforce center staff. Page 12 of 16 Routing No.: 01 KAA 012"- Attachmc nt,l FUNDING PROVISIONS A.6 Other Federal Funding Wagner-Peyser 10% Discretionary Funds: Statutory Reference: Wagner-Peyser Act of 1933, as amended by Public Law 97-300 Job Training Partnership Act(JTPA) which became effective October I, 1983; as amended by Public Law 105-220 Workforce Investment Act of 1998 which became effective August 7, 1998; and C.R.S. Title 8. Article 71, Sections 101 and 106. Purpose of Funding: Wagner-Peyser 10% Discretionary funds are awarded b*Yhe-Governor for the following purposes: A) Performance incentives for public employment service offices and programs; , B) Services for groups with special needs; C) The extra costs of exemplary models for delivering basic labor exchange services; and D) Developing linkages of services funded by Wagner-Peyser and related Federal and Stare 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 A.4, Wagner-Peyser Employment Service, above. Required Program Elements: 1. The Grantee must make labor exchange services available pursuant to the stated purpose of die 10% project for which they are receiving funds. 2 The Grantee will provide veterans with priority employment and training services (as specified in Section A.4 above) should veterans be among the clients served by the project. 3. 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. 4. The Grantee may not charge a fee for any Wagner-Peyser funded activity. 5. 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: a. Job seekers cannot be referred to a for-profit employment agency that will charge them a fee for job placement; b. 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; c. Job orders which are discriminatory or pay less than minimum wage cannot be accepted 6. Should Unemployment Insurance claimants be among the clients served, the Grantee must register any Unemployment Insurance claimants for work and notify the State Unemployment Page 13 of 16 Routing No.: 01 KAA 012- Attachmrnr A FUNDING PROVISIONS 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. 7. 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 ft) and to explain operation of the complaint system. 8. 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 fl). Restrictions on Funding: Wagner-Peyser 10% discretionary funds shall be used only for the stated purpose and required program elements of the specific program as identified in these funding provisions. 1'agncr-Peyser 100/0 Discretionary funds are provided for the implementation of the following specific projects: A.6.11 Governor's Summer Job Hunt Purpose of Funding: The Governor's Summer Job Hunt Program provides funds for additional servi;cs to youth seeking unsubsidized jobs for the summer. Job placement services and employment opportunities are provided to youth, ages 16 through 21, regardless of geographic boundaries. income, ethnicity, and special needs. A.6.2 Housing Inspection Statutory Reference: 20 CFR Part 665 Sub-part B and C, Labor Certification Process for Temporary Agricultural and Logging Employment; 20 CFR Part 653 Sub-part F, Agricultural Clearance Order Activity; and 20 CFR Part 654, Sub-part E, Housing for Agricultural Workers. Purpose of Funding: This funding allows for the inspection of housing provided to temporary - agricultural workers and sheep herders by employers. Required Program Elements: 1. Housing Inspections are performed to ensure that all housing provided to temporary agricultt ml workers and sheep herders meets applicable Federal Safety and Health Standards. 2. Technical Assistance workshops A.6.3 Layoff Assistance A.6.4 Ex-Offender Program A.6.5 Disadvantaged Housing A.6.6 National Reserve Account Grant Grantee must submit quarterly reports to the State for programs operated using National Reserve Account (NRA) funds. These reports must meet the requirements outlined in the NRA grant. Page 14 of 16 Routing No.: 01 KAA 002' Attachment A FUNDING PROVISIONS A.7 Other State Funding Displaced Homemaker Program Statutory Reference: Colorado Displaced Homemaker Act of 1977 (C.R.S. Title 8 Article 15.5) Purpose of Funding: The Colorado Displaced Homemaker Program was created by Colorado Legislature in 1980 to assist displaced homemakers to enter or reenter the workforce and become economically self-sufficient. Required Program Elements: 'J. Services are to be provided through a state-wide One-Stop delivery system, addressing the needs 'el'both,urban and rural communities. 2. The following services must be made available directly or by referral: A) Job counseling services specifically designed for displaced homemakers B) Job training and placement services C) Assistance in gaining admission to public and private programs and opportunities D) Assistance in identifying community needs and creating new jobs F) Referrals to health care and educational services F) Financial management services .G) Educational services including outreach and information about secondary or post- secondary education programs H) Legal counseling and referral services I) Outreach and information services with respect to employment, education, health, public assistance, and unemployment. Page 15 of 16 Routing No.: 01 KAA 002- Attachment,i FUNDING PROVISIONS A.8 Program Year 1998 and 1999 Job Training Partnership Act (JTPA) Carry-in Funds Statutory Reference: Job Training Partnership act, October 13, 1982, as amended in the Job Training Reform Amendments of 1992. Purpose of Funding: The Job Training Partnership Act is repealed as of June 30, 2000. Any remaining Program Year 1998 and 1999 funds(after the required JTPA grant closeout procedures have been completed) will be transferred into the Workforce Investment Act programs and must be expended pursuant to the rules and regulations of the Workforce Investment Act. Required Program Elements: Program Year 1998 and 1999 JTPA funds maintain their own identity for financial tracking purposes and may be expended throughout the life of each fund i.e. Program Year 1998 fund.; may be expended through June 30, 2001 and Program Year 1999 funds may be expended through June 30,2002. 2. Program Year 1998 and 1999 JTPA funds will be rolled into and used to implement and operate the applicable WIA programs i.e. Adult, Youth, Dislocated Worker, etc., according to the approved Local plan under the WIA. Use of these funds must comply with the funding provisi m. outlined in this Attachment A for each of the applicable funding sources. 3. After the required JTPA closeout reports have been submitted to the State, an Expenditure Authorization with the final fund balances for Program Year 1998 and Program Year 1999 must be submitted to the State to complete the transfer of these JTPA funds into the WIA program 3 and to incorporate these funds into this Grant Agreement. Page 16 of 16 Department or Agency No.: KAA Contract Routing No.: 01 KAA OUT' Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. GRANT AGREEMENT The State of Colorado, acting by and through the Colorado Department of Labor and Employment, witli an address of 1515 Arapahoe St.,Tower 2, Suite 400,Denver, CO 80202 hereinafter referred to as the "State", and The Board of County Commissioners of Weld County, with an address of 915 10111 Street Greeley,Colorado 80631,hereinafter referred to as the "Grantee", enter into this Grant Agreement 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, Program Number 1 100. Function Number 7500, and Grant Budget Line Number various) under Contract Encumbrance Number 010927; WHEREAS,the purpose of the Workforce Investment Act is to provide workforce investment activities. through statewide and local workforce investments 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 Titles I and III 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, 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 employment and training 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: Page 1 of 21 Department or Agency No.: KAA Contract Routing No.: 0IKA4 00." Employment and Training 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 employment and training 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 investment 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 employment and training programs 1.2 Effective Date and Term: This Agreement shall be effective upon approval by the State Controller, or designee, or on July 1,2000, 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 30,2003. 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 documeuh in the following order of priority: a. Colorado Special Provisions, Part? b. Agreement, Pages 1-19 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 Iliat 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 modificm-ion, of allocated funds, performance incentives, services to groups with special needs, and other employment and training-related programs. 1.5 Notice of Fund Availability: Prior to the disbursement of any funds,the State shall send tc 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 audio- 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 he submitted pursuant to Part 2 below. Page 2 of 21 Department or Agency No.: KAA Contract Routing No.: 01 KAA 00?' Employment and Training Programs for Weld County _ This is a legal document. Legal counsel should be consulted before signing. 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 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 Sources identified Attachment B- 5 Year Local Plan Attachment C-Expenditure Authorization (EA) document format Attachment D- Debarment and Suspension Attachment E— Drug-Free Workplace Attachment F— Lobbying Attachment G—Tobacco Free Workplace Attachment H— Definitions Attachment I—Notice of Fund Availability 1.8 Duties and Obligations of the Grantee: The Grantee shall: A. Serve as fiscal agent and administrative entity for a workforce region's One-Stop Workforce Center and be fiscally responsible for the expenditure and use of all funds disbursed pursuant to this Agreement in accordance with all applicable laws, rules, and regulations; B. Coordinate and ensure the appointment of members of a Local Workforce Investment Board (LWIB) and a local Youth Council; 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; Page 3 of 21 Department or Agency No.: KA,4 Contract Routing No.: 01KAA 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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.; L 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 tic delivery of required programs and activities referred to in Section 121(6) of the Workforce Investment Act and pursuant to the MOU requirements referred to in Section 121(c) of the WIA; and K. Comply with the State's property management procedures and all relevant Policy 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 and which were purchased with JTPA funds and transferred into the WIA program. L. Assure that any personnel action taken in the case of any county employee funded in whole or part with Wagner-Peyser funds, including discipline or dismissal, shall be based solely on performance or misconduct pursuant to the merit staffing requirements outlined herein. All such employees shall be provided with a meaningful review process including an opportunity for a hearing before an appropriate county agency in which to contest the action and a subsequent opportunity to appeal an adverse decision. 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. Page 4 of 21 Department or Agency No.:KAA Contract Routing No.: 01KAA 002' Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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, a complete budget information sheet (BIS), 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. 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 GI antee may begin work related to the EA request. D. The Grantee may receive advances and reimbursements for expenditures pursuant ID 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 Ly 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. Page 5 of 21 Department or Agency No.: KAA Contract Routing No.: 01 KA,10027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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 employment and training programs funded through this Agreement. B. Expenditure Reports. On a monthly basis,the Grantee shall report expenditures to the State using the Expense Report Form provided by the State. These reports are due to the State no later than the 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. 2.4 Maintenance of Funds in Appropriate Financial Institutions: The Grantee, and its subcontractors, if any, shall maintain all funds 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 es ery 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 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 finds 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. Page 6 of 21 Department or Agency No.:KAA Contract Routing No.: 0I KAA 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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 Gran ee 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 wilt 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 Policy 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 which 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 1. 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, applicant, eligible applicant, participant, terminee. employee and applicant for employment records. 3.4 Participant Records: Participant Records shall record any participant's involvement in employment and training programs including, but not limited to, dates of entry, eligibility, participation, and termination. Page 7 of 2 Department or Agency Na: KAA Contract Routing No.: 01 KAA 002 7 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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 tne 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 possibl 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 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 requesr 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. Page 8 of 2 I Department or Agency No.:KAA Contract Routing No.: 01KAA 00?' Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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 De 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 he workforce regions, are expressly prohibited from the exclusivity of protection of federal and state patent, copyright, and trademark law on material that has been developed with the use of federal or state funds. All such material is considered by the State to be in the public domain. 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 Amendment: of 1996 (Public Law 104-156)and OMB Circular A-133. If the Grantee expends $300,000 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 Audit, to the State within the earlier of thirty (30) calendar days after Page 9 of 21 Department or Agency No.: KAA Contract Routing No.: 01K21,4 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. receipt of the auditor's report or nine (9) months after the end of the period audited. The Grantee shall establish an audit committee that engages an independent auditor, determines the services to be performed, reviews the progress of the audit and the final audit findings, and intervenes in any disputes between management and the independent auditors. The Grantee shall also institute policy and procedures for its subcontractors that comply with these audit provisions. 3.13 Rights Of Inspection: In accordance with 29 CFR 97.42, the State,the U.S.D.O.L., the Comptroller General of the United States, the State's auditors and any of their authorized representatives shall, during business hours, have access to audit, inspect, examine, excerpt, and copy books, records, memoranda, correspondence. personnel staffing records, independent audit work papers and any other documents, and shall be allowed to monitor and review through on- site visits, all program activities, personnel staff, services and programmatic and administrative practices, supported with funds under this Agreement to ensure compliance with the terms of this Agreement, and provisions of any subcontracts funded in whole or in part through this Agreement. The right to access lasts beyond the prescribed period of record retention, and as long as records are available. 3.14 Review Of Findings: The Grantee shall review the findings of the State or its representatives and shall act promptly, as directed by the State, to remedy deficiencies noted in such findings. If corrective action is not taken and such deficiencies persist,the State may terminate this Agreement. 3.15 Conduct Of Financial Accounting: If the State determines that the record keeping system of the Grantee does not comply with federal guidelines, then the State may conduct a financia accounting of the Grantee's records, either through its staff, an accounting firm, or a bank approved by the State. All costs incurred by the State in conducting a financial accounting of the Grantee's records shall be deducted on a monthly basis from other administrative funds allocated to the Grantee. 3.16 Performance Monitoring: A. The Grantee shall permit the State, the U.S.D.O.L, or any other duly authorized governmental agent or agency, to monitor all activities conducted by the Grantee pursuant to the terms of this Agreement. Such monitoring may consist of internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the work of the Grantee. B. The Grantee authorizes the State to perform audits or inspections of its records at are reasonable time during the term of this Agreement and for a period of three(3)years following the termination of this Agreement. Page 10 of 21 Department or Agency No.: KAA Contract Routing No.: 01KAA 002' Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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. It will comply with 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. It will comply with 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 undo-the Clean Air Act(42 U.S.C. 1857-8)(c)(1) or the Federal Water Pollution Control Ad (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. It will comply with all applicable Child Labor laws. E. It will comply with all applicable safety standards of the Occupational Safety and Health Act(OSHA). F. It will comply with all applicable provisions of the Davis Bacon Act. G. It will comply with all applicable provisions of Part C of Title IV of the Social Security Act. H. It will comply with all applicable provisions of the Military Selective Services Act. Page 11 of 21 Department or Agency No.:KAA Contract Routing No.: 01KAA 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 1. It will comply with 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. It will comply with all applicable provisions of the Fair Labor Standards Act of 1918. K. It will comply with 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 employment and training programs and activities and all subordinate agreements or arrangements to cant' out employment and training programs and activities, comply fully with the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Art of 1998, as amended (WIA, 29 CFR part 37);the Nontraditional Employment for Wonien 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. It will comply with the appropriate Uniform Administrative Requirements for Gratits and Agreements as promulgated in the Federal Common Rule, including but not limited to OMB Circular A-87, A-102, and A-122. 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 Policy Guidance Letters. 4.3 Safeguard against Fraud: The Grantee assures that it will administer its Employment and Training programs in full compliance with all safeguards against fraud and abuse as set fork 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 Policy Guidance Letters issued by the State concerning grievance procedures. PART 5-TERMINATION 5.1 Termination for Convenience: The State may terminate this Agreement at any time the State determines that the purposes of the distribution of State 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 Page 12 of 21 Department or Agency No.: KAA Contract Routing No.: Ol KAA 002' Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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 b 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. 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 ii 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., Page 13 of 21 Department or Agency No.: KAA Contract Routing No.: 01KA 1 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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.his 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 6.12 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 Policy 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 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 contractor(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 contractor, Page 14 of 21 Department or Agency No.: KAA Contract Routing No.: OIKA/ 002? Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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: I)The employee, officer or agent; 2)Any member of the employee's immediate family; 3)The employee's partner; or 4)An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The contractor's, subcontracror'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 RELATIONSHIP OF PARTIES. THE CONTRACTOR SHALL PERFORM ITS DU TIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE. NEITHER THE CONTRACTOR NOR ANY EMPLOYEE OR AGENT OF THE CONTRACTOR SHALL BE,OR SHALL BE DEEMED TO BE,AN EMPLOYEE OR AGENT OF THE STATE. THE CONTRACTOR SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL_ HEAD TAX ON ANY MONIES PAID PURSUANT TO THIS AGREEMENT. THE CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE CONTRACTOR SHALL HAVE NO AUTHORIZATION,EITHER EXPRESS OR IMPLIED,TO BIND THE STATE TO ANY AGREEMENTS,LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION INSURANCE COVERAGE (AND SHOW PROOF OF SUCH INSURANCE COVERAGE) 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. 6.4 Insurance: The provisions of Section 6.4 A. through D. shall not apply to the public entity except to the extent such public entity subcontracts for any allowable activities to a person or entity that is not a public entity. 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. Page 15 of 21 Department or Agency No.:KAA Contract Routing No.: 01 KAA 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. 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 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 Slate 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. 6.5 CERTIFICATIONS'. By signing this contract, the Contractor agrees to provide, comply with. and, if applicable, execute the certifications set forth in the following Attachment C through F, 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 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 Contractoi cannot provide or otherwise comply with a given certification. Page 16 of 21 Department or Agency No.: KAA Contract Routing No.: 0 I KAA OUT' Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. Attachment F -Certification Regarding Lobbying Attachment G - Tobacco Free Certification. 6.6 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. 6.7 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 s breach of the same term or provision upon subsequent breach. 6.8 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. 6.9 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. 6.10 Representatives: For the purposes of this Agreement, the persons identified in Part 6.12 are hereby designated as representatives of the respective parties to this Agreement. Either parry may, from time to time, designate in writing new or substitute representatives. 6.111 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. 6.12 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: Barbara J. Kirkmeyer Chair The Board of County Commissioners of Weld County 915 10th Street Greeley,Colorado 80631 (970)356-4000 Page 17 of 21 Department or Agency No.: KAA Contract Routing No.: O fv1 1I 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. with a copy to, Weld County Employment Services Linda Perez, Director P. O. Box 1805 Greeley, Colorado 80632 (970)353-3800 STATE: Vickie L.Armstrong Executive Director Department of Labor and Employment 1515 Arapahoe Street,Tower 2, Suite 400 Denver,CO 80202-2117 (303) 620-4718 with a copy to, Robert D. Hale Director,Division of Employment and Training Department of Labor and Employment 1515 Arapahoe Street,Tower 2,Suite 400 Denver, CO 80202-2117 (303)620-4718 6.13 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. 6.14 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. 6.15 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 10 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 Page 18 of 21 Department or Agency No.: KAA Contract Routing No.: 0/KAA 0027 _ Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. than the State or the named Grantee, receiving services or benefits under this Agreement shall he deemed an incidental beneficiary only. 6.16 Venue: Venue for any action related to performance of this Agreement shall be in the City and County of Denver, Colorado. 6.17 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 um sually severe weather. 6.18. 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 provision; of the Colorado Governmental Immunity Act, Section 24-10-101, et seg., 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 pro‘isions of section 24-10-101 et seq., C.R.S., as now or hereafter amended. 6.19 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 he construed to prohibit assignments of the right to payment to the extent permitted by section 4-9-3 18, 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 he 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 19 of 21 SPECIAL PROVISIONS CONTROLLER'S APPROVAL - I. This contract shall not be deemed valid until it shall have been approved lv the Controller of the Slate of Colorado or such assis'.ant as ac may<.e Sign ate. Thos pray Exton is applicable to any contract Involving the payment of money by the State. F L'ND AVAILABILITY _ — S. Finane:al obligations of:he State of Colorado payable after the current fiscal year are conttngent upon funds for twat purpose ac nee approprrmea o t er:_d and otherwise made available _ BOND REQUIREMENT 3. If this contract involves the payment of more man fifty thousand dollars for the construction. erection. repair. maintenance,or improsemem St an. "'Lidding. road. 'ridge. viaduct. runnel-:x Cav at ion or other public work for this State.the contractor shall. before emenng upon the performance m any such won. nc:u ded in this contract. duly execute and deliver to the State affctal who will sign Inc contract, a good and sufficient bond or other acceprahle surety to Inc approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract.Such bond shall be duly ex.cute]Iv a qualified:err;orate s arc:y conditioned upon the faithful performance of the contract and In addition, shall provide that if the contractor or his subcontrrac:ors fad to cuffs p t for any !goer.materials.team hire.uatenanc:.provisions.proveneor or other supplies used or consumed Sy such contractor or his suocanrrac:onn performance of he wort, contracted to be done or fa:is :o pay any person who supplies rental machinery. tools,or equipment no :he prosecuvon of the work the surety will par on same in an amount not cxc ceding the sum specified in the bond.together with interest at the rate of eight per cent per annum. Unless such band i.executed dciiv crca and feet,no claim in favor of the contractor arising under such contract shall be audited.allowed or paid. A certified or cashier's check or a bank monck order pa.able to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-16-106. INDEMNIFICATION J. To the extent authorized by law,the contractor shall indemnify,save,and hold harmless the State against any and all claims,damages, lability and court awards including costs,expenses,and attorney fees incurred as a result of any actor omission by the contractor,or its employees,agents,subco'tractors.or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of !957, as amended, and other applicable law respecting discrimination and unfair employment practices iCRS 24-34-4021. and as required by Executive Order. Equal Opportunity and Affirm ate c Action. sated April 16, 1975, Pursuant Ihrrnru. rite%nllnv Inc,prmisrmts moll be rontatned in all Stare contracts or sun-comrarrs. Dunne the performance of this contract-the contractor agrees as follows: la'. The contractor will not discriminate Wins: any employee or applicant for employment because of race- creed color. national one:n. Sex. marital status. religion.ancestry.mental or physical handicap,or age.The contractor will take affirmative action to insure mat applicants are employed.and that employees are treated during employment. without regard to the above mentioned characteristics. Such action shall include.but not be limited to :he following: employment upgrading.demotion,or transfer. recruitment or recruitment advertisings: lay-off; or terminations: rates of pay or other forms of conpenvbon: and "election for training. including apprenticeship. The contractor agrees to post in conspicuous places. available to employees and applicants for employment. notices to be provided by the contracting officer setting forth provistons of this non-discrimination clause. tbi The contractor will. in all solicitations or advertisements for employees placed by or on behalf of the contractor-state that all qualified applicants will receive consideration for employment without regard to nice.creed,color,national origin.sex.marital status.religion.ancestry.mental or physical nandicap_ or age, Ict The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding.notice to be provided by the contracting officer.advising the labor union or workers' representative of the contra ice's commitment under the Executive Order. Equal Opportunity and Affirmative Action,dated April 16. 1975.and of the rules-regulations.and relevant Cretan 3fthe Gos ernor. Id)The contractor and labor unions will furnish all information and reports required by Executive Order.Equal Opportunity me AiTrt drive Action of.April 16. 1975. and by the rules. regulations and Orders of the Governor. or pursuant thereto. and will permit access to his boot 'cc-res, me aenune- by the contracting agency and the o£fice.ol_the Governor or his designee for purposes of investigation to ascertain compliance with such rates.reeu lat.uno and orders lel A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization,or excel any steer nctvrdua from membership in such labor organmtion or discnminate against any of its members in the full enjoyment of work opportunity be arse or tact.:reed.color :as.national origin.or ancestry. in A labor organization.or the employees or members thereof well not aid. acct. Inc d tee compel or coerce the doing of any a:: de`nee in in ` ca"roci to ` dtscrtminaton Morn or obstruct or prevent any person the-rah e provisions of thu contract or any order issued therce nder cr atte:rc'.creak"dtrCrf or audit-cony, :o commit any act defined in this contract to be discnmu:atory. Form 6.AC-013 R ev race I/93 ell- -idW]Il ')0 71 pate— al -- gages e In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules,,nesu anors.or omen,. Thu can- trac.may be canceled. terminated or suspended in whole or in pan and the contractor may be declared ineligible for further State ccmracts !n accordance with procedures.authorized in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975 and the rules,resulatians. :r orders hromuigated in accordance therewith.and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders. Equal Opoorumty and Affirmative Action of April 16, 1975.or by rules,regulations.or orders promulgated in accordance therewith,or as otherwise provided by law. (h;The contractor will include the provisions of paragraphs(a)through(h) in every subcontract and subcontractor purchase order unles exempted iiv rules, regulations,or orders issued pursuant to Executive Order,Equal Opportunity and Affirmative Action of Aohl 16, 1975,so that such pro'stons w;ii be 5 riding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontracting or purchase order as the coucxtin_: rvenc;may direct,as a means of enforcing such provisions,including sanctions for noncompliance:provided,however.that in the event the contras for become-;;n olved in.c'r is threatened with.litigation, with the subcontractor or vendor as a result of such direction by the contracting agency. the cent;icor may recrost the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a Provisions of CRS 817101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are indertaken nereunder and:are financed in whole or in pan be State funds. b. When a construction contract for a public project is to be awarded to a bidder. a resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by die state or foreign country in which the nonresident'.iidder;s a residen:. if it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would athcrwise he available or would otherwise be inconsistent with requirements of Federal law.this subsection shall be suspended,but only':o rite extent necessar- to pre- vent denial of the moneys or to eliminate the inconsistency with Federal requirements(CRS 819101 and 102). GENERAL 7.The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation.execution,and enforcement of this contract.Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extraludictai body or person or which is otherwise in conflict with said laws.rules,and regulations shall be considered null and void.Nothing contained in and 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 aa.on.ii law whether by way of complaint.defense,or otherwise.Any provision rendered null and void by the operation of this provision will net lnvai idate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this contract,the Contractor shall strictly adhere to all applicable federal and state laws-rules and:er_ular.ors that have been or may hereafter be established. 9. Pursuant to CRS 2430202.4(as amended). the state controller may withhold debts owed to state agencies under the vendor offset intercept system for: -am unpaid child support debt or child support arrearages; (b)unpaid balance of tax,accrued interest.or other charges specified in Art.cie 22.Title 19.CRS: ,c unpaid.loans due to the student loan division of the department of higher education:Id)owed amounts required to be paid to the unemployment comcen,ation fund:and(e)other unpaid debts owing to the state or any agency thereof.the amount of which is found to be owing as a result off nai agency de'et-nunation or reduced to judgment as certified by the controller. 10.T.ne signatories aver that they are familiar with CRS 18-8-301,et.seq..(Bribery and Corrupt Influences)and CRS 188 401.et.sec_(.Abase of Pot iic:)7icel. and that no violation of such provisions is present. 1 LThe sigNatories aver that to their knowledge. no state employee has any personal or beneficial interest whatsoever in the service or property described heron: IN WITNESS WHEREOF,the parties hereto have executed this Contract on the day first above written. Contractor: STATE OF COLOO Bill Owens., ove or/ (Full Legal Name) BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY ,1"/ -�� 84-6000813* a9, Ate S,x W S¢un Number or FEIN, �FFC E D!RE�::02 '` w' . . rTR'VICKIE L. ARMSTRONG Sigsur of Aerhe izcd'jiccr, e ar<t. c t .i �1.. � 10� IfCorporuian: i fr ' - -hEP>RT?tENTOF LABOR AND EMPLOYMENT Attest(Seal) By . �... C4 _ cDDep tyat &mast Clerk to the - ATTORNEY GENERAL '° ALS STATE CO #142 Waived 6/8/00 ,- By _ e/ ca,44. z or o C-��C Pre-Approved C,:ontract Reviewer Re i ed ]:99 Page 21 of 21. 615-82-50-603870o0CI OFFcavSPECFRcvooc RY � • [" � /� _ -- 7 Attachment C EXPENDITURE AUTHORIZATION(EA) Signature Page WORKFORCE REGION Name: Address: City/State/Zip EXPENDITURE AUTHORIZATION SUMMARY This Expenditure Authorization covers the following Funding Sources(specific details for each Funding Source are attached): Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: This Expenditure Authorization has been reviewed and approved by the following parties and will be incorporated into the Employment and Training Programs Grant Agreement as an attachment. This signature page. when duly signed, authorizes the granting of funds by the Colorado Department of Labor and Employment for the program/project identified herein. The EA commitment document is not valid until it has been approved by the State Controller or designee. By: _ By: Local Elected Official Date Vickie L.Armstrong 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: • APPROVALS: DIVISION OF FINANCE AND PROCUREMENT ARTHUR L. BARNHART By: State Controller Designee Page I Attachment C EXPENDITURE AUTHORIZATION (EA)REQUEST Date of Submittal: 1 Workforce Region: Address: City/State/Zip: Phone: Program/Project Coordinator: PROGRAM/PROJECT INFORMATION Reference Code : Name: _ VAX#: Funding Source,Year, and Amount of funds: Period of Performance: From: To: 1. SCOPE OF WORK: IL BUDGET INFORMATION SUMMARY(BIS)AND NARRATIVE: Page 2 Attachment C EXPENDITURE AUTHORIZATION(EA) MODIFICATION Signature Page WORKFORCE REGION Name: Address: City/State/Zip EXPENDITURE AUTHORIZATION (MODIFICATION) SUMMARY This Expenditure Authorization Modification covers the following Funding Sources (specific details for each Funding Source are attached): Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: Program Year: PY Funding Source: This Expenditure Authorization has been reviewed and approved by the following parties and will he incorporated into the Employment and Training Programs Grant Agreement as an attachment. This signature page, when duly signed, authorizes the granting of funds by the Colorado Department of Labor and Employment for the program/project identified herein. The EA commitment document is not valid until it has been approved by the State Controller or designee. By: By: Local Workforce Investment Date Vickie L. Armstrong Date Board, Chair Executive Director,CDLE By: _ By: Workforce Center, Director Date Date Title: By: Date Title: APPROVALS: DIVISION OF FINANCE AND PROCUREMENT ARTHUR L.BARNHART By: State Controller Designee • Page 3 Attachment C EXPENDITURE AUTHORIZATION (EA) MODIFICATION REQUEST Modification ti Date of Submittal: Workforce Region: Address: City/State/Zip: Phone: Program/Project Coordinator: PROGRAM/PROJECT INFORMATION Reference Code : Name: VAX#: Funding Source, Year, and Original Amount of funds: Original Period of Performance: From: To: Revised Amount of funds: Revised Period of Performance: From: To: _ I. MODIFICATION(S) REQUESTED (Narrative): II. REVISED GOALS AND OBJECTIVES, OUTCOMES, ETC. III. RATIONALE FOR MODIFICATION(S): IV. BUDGET INFORMATION SUMMARY (BIS)AND PLANNED PARTICIPANT AND TERMINATION SUMMARY: (As applicable) Page 4 • Attachment C EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY (BIS) Welfare to Work 85% and 15% Original = Modification C Date of Submittal: Workforce Region: Reference Code : Program/Project Name: VAX# Funding Source and Year of Funds: Original Allocation: Current Budget: Current Period of Performance: From: To: Revised Period of Performance: From: To: Revised Budget: Current Changes Revised % of 1 Cost Category Budget In(+)/Out(-) Budget Budget Program Administration (not to exceed 13.25%of total) TOTAL. i j Page 5 nuc L. a in u V EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY (BIS) Workforce Investment Act (WIA)Adult or Dislocated Workers Program Activities Original ❑ Modification ❑ • Date of Submittal: Workforce Region: Reference Code: Program/Project Name: VAX#: Program Year of Funds and Funding Stream: Original WIA Allocation: Total JTPA to WIA Carry-In: Current Program Budget: Transfer In (+): From PY and Funding Stream: Transfer Out (-): To PY and Funding Stream: _ Revised Program Budget: Current Period of Performance: From: To: Revised Period of Performance: From: To: Current Funding Stream Program Changes Transfer Revised °h1 of Cost Category Budget In(+)/Out(-) In(+)/Out(-) Program Budget Budget Program _ N/A TOTAL N/A • Note. If using the computerized form. All cells have been appropriately formatted. See instructions for completing this form on the next page. Revised: .4/4/DO Pane 6 Attac'cment C EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY (BIS) Workforce Investment Act (WIA) Adult or Dislocated Workers Program Activities Instructions for Completing_the Workforce Investment Act IWIA) Adult or Dislocated Workers Program Activities BIS (A. separate BES must be prepared for each of the Adult and Dislocated Workers Funding Streams): Indicate whether this is an Original or Modification BIS by checking the appropriate box. If using the computerized form you can click in the appropriate box. If this is the initial BIS for carry-in from PY98 or PY99 JTPA Title IIA (including Older Workers or Title III 60% and 40%. the Original box should be checked. If this is the initial BIS for PY00 WIA Adult or Dislocated Workers tunas, the Original box should be checked. If this is a modification to any future BIS. the Modification box should be checked Enter the date of submittal- The computerized form has already been date formatted. Enter the name of the Workforce Region (WR)that will be receiving the funds. Enter the Program/Project Name (Adult or Dislocated Workers). Enter the Program Year of Funds and the applicable Funding Stream (Adult or Dislocated Workers). Enter the Reference CodeLif known. Enter the VAX#, if known. If this is formula allocated PY00 WIA funds, enter the total original allocation amount for the Adult or Dislocated Workers WIA funding stream on the Original WIA Allocation line item. If this is carry-in from PY98 or PY99 JTPA Title IIA (including Dicier Workers) or Title III 60%and 40%, enter"N/A"on the Original WIA Allocation line item. If this is carry-in from PY98 or PY99 JTPA Title IIA(including Older Workers) or Title III 60% and 40°/s, enter the total amount of PY98 or PY99 HA (including Older Workers) or Title III 60% and 40%carry-in on the Total JTPA to WIA Carry-In line nun It this is formula allocated PY0D WIA funds, enter"N/A" on the Total JTPA to WIA Carry-In line item. If this is carry-in from PY98 or PY99 JTPA Title IIA (including Older Workers) or Title III 60% and 40%, the amount of FY98 or PY99 HA(including Older Workers) or Title III 60% and 40% Program carry-in budget (total carry-in minus Administration) on the Curren! Program Budget line item. If this is an Original BIS for allocated PY00 WIA funds, enter the amount of PY00 Adult or Dislocated Workers Program budget (total allocation minus Administration) on the Current Program Budget line item. Please note, since this is a Program Activities BIS, the Current Program Budget amount should equal at least 90% of the total Adult or Dislocated Worker program years carry-in or original allocation amount.whichever is applicable. The remaining amount of PY98 and PY99 JTPA Title IIA (including Older Workers), Title III 60% and 40%. and PY00 WIA should be included on the applicable program year of fund's Administration BIS Transfers would only apply under the provisions of Section 133(b)(4) of WIA or moving Program funds from one funding stream to another. Otherwise, enter"0.00". Add/subtract Transfers In and Transfers Out to calculate the Revised Program Buoget Amount The computerized form will automatically calculate the Revised Program Budget amount. Enter the period of performance. If this is carry-in from PY98 or PY99 JTPA Title IIA(including Older Workers) or Title III 60% and 40%,the period of performance would generally be from July 1,2000 through the 3 year life of the program year of JTPA.funds. It this is allocated WIA funds, the period of performance generally begins on July 1 through the first 2 years of the 3 year life of the WIA funds. Enter the amount of Program costs for the applicable funding stream (adult or dislocated workers)you plan to expend in the Current Program Buoget column. Total the amount in the Current Program Budget column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. The amount on the TOTAL line should agree with the amount on the Current Program Budget line item above. The Changes In(+)/Out(-) Column is to be used for modifications to the Budget. If this is not a modification, enter"0.00•. Total the amount in the Changes in(+)/Out(-) Column on the TOTAL line. The computerized form will automatically calculate ttio TOTAL Ine 'ransfers would only apply under the provisions of Section 133(b)(4) of WIA or moving program funds from one lundin l stream to another. Otherwise. enter"0.00". Add/subtract Transfers In and Transfers Out and the Changes columns against the Current Program Budget column to calculate the Revised Program Budget amount. The computerized form will automatically calculate the Revised Program Buaget amount. Total the amounts in the Revised Program Budget column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. The amount on the TOTAL line should agree with the amount on the Revised Program Budget line item above. Revised. 4/4/00 Page 7 /'lLLCILII 1-111 1. EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY(BIS) Workforce Investment Act (WIA) Youth Program Activities Original E Modification Date of Submittal: Workforce Region: Reference Code: Program/Project Name: VAX#: Program Year of Funds and Funding -- Stream: Original WIA Allocation: 1 Total JTPA to WIA Carry-In: Current Program Budget: Transfer In (+): From PY and Funding Stream: _ Transfer Out(-): To PY and Funding Stream: _ Revised Program Budget: Current Period of Performance: From: To: _ -- Revised Period of Performance: From: To: Current Funding Stream Program Program Changes Transfer Revised Yo of Cost Category Budget In(+)/Out(-) In(+)/Out(-) Program Budget Budget Out-of-School Youth In-School Youth TOTAL -J Note. If using the computerized form. All cells have been appropriately formatted. See instructions for completing this form on the next page. Revised. 4/4/00 Page 8 Atterc:hroent C EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY (BIS) Workforce Investment Act (WIA) Youth Program Activities Instructions for Completing_the Workforce Investment Act(WIA) Youth Program Activities BIS: Indicate whether this is an Original or Modification 81S by checking the appropriate box. If using the computerized form you can click in the appropriate box. If this is the initial BIS for carry-in from PY98 or PY99 JTPA Title 118 and IIC. the Original box should be checked. II this is the initial BIS for PY00 WIA Youth funds, the Original box should be checked. If this is a modification for any future BIS, the Modification box should be checked. Enter the date of submittal-The computerized form has already been date formatted. Enter the name of the Workforce Region (WR)that will be receiving the funds. Enter the Program/Project Name (Youth). Enter the Program Year of Funds and the applicable funding stream (Youth). Enter the Reference Code, if known. Enter the VAX#, if known. If this is formula allocated WIA funds, enter the total original allocation amount for the Youth WIA funding stream on the Original WIA Allocation line item. If this is carry-in from PY98 or PY99 JTPA Title IIB and IIC, enter"N/A"on the Original WIA Allocation line item. If this is carry-in from PY98 or PY99 JTPA Title lIB and IIC, enter the total amount of PY98 or PY99 IIB and IIC carry-in on the Total JTPA to WIA Carry-In line item. If this is formula allocated PY00 WIA funds, enter"N/A" on the Total JTPA to WIA Carry-In line item. If this is carry-in from PY98 or PY99 JTPA Title IIB and IIC, enter the amount of PY98 or PY99 IIB and IIC Program ca my-r r budget (total carry-in minus Administration) on the Current Program Budget line item. If this is an Original BIS for allocated Py 00 to/IA funds,enter the amount of PYDD Youth Program budget(total allocation minus Administration) on the Current Program Budget line item. Please note. since this is a Program Activities BIS,the Current Program Budget amount should equal at least 9(1% of the total Youth carry-in or original allocation amount,whichever is applicable. The remaining amount of the applicable PY98 and PY99 JTPA Title IIB and IIC. and PY00 WIA should be included on the applicable program year of fund's Administration BIS Transfers would only apply under the provisions of Section 133(b)(4) of WIA or moving Program funds from one funding stream tc another. Otherwise, enter"0.00". Add/subtract Transfers In and Transfers Out to calculate the Revised Program Budget Amounts. The computerized form will automatically calculate the Revised Program Budget amount. Enter the period of performance. If this is carry-in from JTPA Title la and IIC,the period of performance would generally be from July 1,2000 through the 3 year life of the program year of JTPA funds. If this is allocated WIA funds,the period of performance generally begins on July 1 through the first 2 years of the 3 year life of the WIA funds. Enter the amount of Program costs (Out-of-School Youth and In-School Youth)for the applicable funding stream (youth! you plan to expend in the Current Program Budget Column. Total the amounts in the Current Program Budget Column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. The amount on the TOTAL line should agree with the amount on the Current Program Budget line item above. The Changes In(+)/Out(-) Column is to be used for modifications to the Budget. If this is not a modification, enter"0.0C". Total the amount in the Changes In(+)/Out(-) Column on the TOTAL line. The computerized form will automatically calculate the TOTAL line Transfers would only apply under the provisions of Section 133(b)(4) of WIA or moving program funds from one funding stream to another. Otherwise, enter"0.00". Add/subtract Transfers In and Transfers Out and the Changes columns against the Current Program Budget column to calculate the Revised Program Budget amount. The computerized form will automatically .alc„late the Revised Program Budget amount. Total the amounts in the Revised Program Budget column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. The amount on the TOTAL line should agree with the amount on the Revised Program Budget line item above. Calculate the % of Budget for each line item (Out-of-School Youth and In-School Youth). The Out-of-School Youth % of Budget must equal 30%or more. The computerized form will automatically calculate the TOTAL line. The total amount on the TOTAL line should equal 100%. Revised. 4/4/00 Page 9 HIIacr ment U EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY (BIS) Workforce Investment Act (WIA)Administration Original ❑ Modification ❑ Date of Submittal: Workforce Region: Reference Code: Program/Project Name: VAX#: Program Year of Funds and Funding Streams: Total Title I WIA Allocation: Total IIA (including Older Workers), IIB, IIC, and III 60% &40% Carry-In: Current Administration Budget: Transfer In (+): From PY and Funding Stream: Transfer Out (-): To PY and Funding Stream: Revised Administration Budget: Current Period of Performance: From: To: Revised Period of Performance: From: To: Current Funding Stream Revised Administration Changes Transfer Administration % of Cost Category Budget In(+)/Out(-) In(+)/Out(-) Budget Budget Administration N/A TOTAL N/A Note. If using the computerized form. All cells have been appropriately formatted. See instructions for completing this form on the next page. Revised. 4/4/00 Page 10 AT:acnmere C EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY (BIS) Workforce Investment Act (WIA) Administration Instructions for Completing the Workforce Investment Act (WIA) Administration BIS: indicate whether this is an Original or Modification BIS by checking the appropriate box. If using the computerized form. you can click in the appropriate box. If this is the initial BIS for carry-in from PY 98 or PY99 JTPA Title IIA (including Older Workers:, IIB. IIG. and Title III 60% and 40%, the Original box should be checked. If this is the initial BIS for PY00 WIA funds, the Original box should be checked. If this is a modification to a BIS, the Modification box should be checked. Enter the date of submittal - The computerized form has already been date formatted. Enter the name of the Workforce Region (WR) that will be receiving the funds. Enter the Frogram/Project Name (Administration). Enter the Program Year of Funds and the applicable funding stream(s) (Adult, Dislocated Workers. and Youth). Enter the Reference Code, if known. Enter the VAX#, if known. If this is formula allocated PY00 WIA funds, enter the total Title I allocation (adult, dislocated workers,and youth) amount on the 'total Title I WIA Allocation line item. If this is carry-in from PY98 or PY99 JTPA Title IIA (including Older Workers), IIB. IIC and Title III 60% ant 40%, enter"N/A" on the Total Title I WIA Allocation line item. If this is carry-in from PY98 or PY99 JTPA Title IIA (including Older Workers), IIB, IIC and Title III 60%and 40% enter the total amount of PY98 or PY99 IIA (including Older Workers), 118, IIC and Title III 60% carry-in on the Total IIA (including Older Workers), Ile, IIC, and III 60% and 40% Carry-In line item. If this is formula allocated PY00 WIA funds, enter"N/A"on the Total IIA preluding Older Workers), II6. IIC. and III 60% and 40% Carry-In line item. If this is carry-in from PY98 or PY99 JTPA Title IIA (including Older Workers), IIB, IIC, and Title III 60%and 40°h, enter the total amount of administration carry-in budget from PY98 or PY99 JTPA IIA (including Older Workers), 116, IIC, and Title 60% and 40% on the Current Budget line item. If this is an Original BIS for allocated PY00 WIA funds, enter the total amount of administration budget from the Adult, Dislocated Workers and Youth funding streams on the Current Budget line item. Please note, since this is the BIS for Administration, the amount on the Current Budget line item should be no greater than 10% of the Total IIA (including Older Workers), Ile IIC, and III 60% and 40% Carry-In or Total Title I WIA Allocation line item, whichever is applicable. The remaining amount of the PY98 or PY99 JTPA Title IIA (including Older Workers), IIB, IIC,Title III 60%and 40% carry-in or PY00 WIA allocation should be included on the applicable program year of fund's Program Activities BIS. Transfers would only apply under the provisions of Section 133(b)(4) of WIA. Otherwise, enter"0.00". Add/subtract Transfers In and Transfers Out to calculate the Revised Budget Amounts. The computerized form will automatically calculate the Revised Budget amount. Enter the period of performance. If this is carry-in from PY98 or PY99 JTPA Title IIA (including Older Workers), IIB, IIC, and Title III 60%and 40%, the period of performance would generally be from July 1, 2000 through the 3 year life of the program year of JTPA funds. If this is allocated PY00 WIA funds, the period of performance generally begins on July 1 through the first 2 years of the 3 year life of the WIA funds. Enter the total amount of Administration costs for all the funding streams (adult, dislocated workers, and youth) you plan to expend in the Current Administration Budget column. Total the amount in the Current Administration Budget column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. The amount on the TOTAL line should agree with the amount on the Current Administration Budget line rem above l he Changes In(+)/put(-) Column is to be used for modifications to the Budget. Transfers would only apply under the provisions of Section 133(b)(4)of WIA. Otherwise, enter"0.00". Add/subtract Transfers In and Transfers Out Columns to calculate the Revised Administration Budget amounts. The computerized form will automatically calculate the Revised Administration Budget amount. Total the amount in the Revised Administration Budget column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. The amount on the TOTAL line should agree with the amount on the Revised Administration Buopet line nem above Revised 4/4/00 Page 11 Anacinient U EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY(BIS) Workforce Investment Act(WIA) Statewide Activities Original ❑ Modification ❑ Date of Submittal: Workforce Region: Reference Code: Program/Project Name: VAX#: Program Year of Funds: Original WIA Award: Total JTPA to WIA Carry-ln: Current Period of Performance: From: To: Revised Period of Performance: From: • RTo: Current Revised Statewide Activity Changes Statewide Activity % of Program Budget In(+)/Out(-) Budget Budget Statewide Activities _ N/A TOTAL N/A Note. If using the computerized form. All cells have been appropriately formatted. See instructions for completing this form on the next page. Revised 4/4/00 Page 12 • Attachment C EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY (BIS) Workforce Investment Act(WIA) Statewide Activities Instructions for Completing the Workforce Investment Act (MA) Statewide Activities BIS: Indicate whether this is an Original or Modification BIS by checking the appropriate box. If using the computerized form, you can click in th'i appropriate box. If this is the initial BIS for carry-in from PY98 or PY99 JTPA Performance Incentive and Capacity Building, the Original box should be checked. If this is the initial BIS for PY00 WIA Statewide Activity funds,the Original box should be checked. If this is a modification for any future BIS, the Modification box should be checked. Enter the date of submittal-The computerized form has already been date formatted. Enter the name of the Local Workforce Investment Area (LWIA)that will be receiving the funds. Enter the Program/Project Name (Statewide Activities). Enter the Program Year of Funds. Enter the Reference Code,if known. Enter the VAX#,if known. If this is PY00 WIA funds, enter the total original award amount for the WIA Statewide Activities on the Original WIA Award line item. If this is carry-in from PY98 or PY99 JTPA Performance Incentive and Capacity Building, enter"N/A"on the Original WIA Award line item. If this is carry-in from PY98 or PY99 JTPA Performance Incentive and Capacity Building, enter the total amount of PY98 or PY99 Performance Incentive and Capacity Building carry-in on the Total JTPA to WIA Carry-In line item. If this is PY00 WIA funds, enter"N/A" on the Total JTPA to WIA Carry-In line item. Enter the period of performance. If this is carry-in from JTPA Performance Incentive and Capacity Building,the period of performance would generally be from July 1,2000 through the 3 year life of the program year of JTPA funds. If this is ✓WA funds, the period of performance generally begins on July 1 through the first 2 years of the 3 year life of the WIA funds Enter the amount of Statewide Activities costs you plan to expend in the Current Statewide Activity Budget column. Total the amount in the Current Statewide Activity Budget column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. The Changes In(+)/Out(-) column is to be used for modifications to the Budget. If this is not a modification, enter"0.00". :otal the amount in the Changes In(+)/Out(-) column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. Add/subtract the Changes column against the Current Statewide Activity Budget column to calculate the Revised Statewide Activity Budget amount. The computerized form will automatically calculate the Revised Statewide Activity Budget amount. Total the amount in the Revised Statewide Activity Budget column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. Revised: 4/4/00 Page 13 At:acnntent L EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY(BIS) Workforce Investment Act(WIA) Rapid Response Activities Original D Modification D Date of Submittal: Workforce Region: Reference Code: Program/Project Name: VAX#: Program Year of Funds: Original WIA Award: Current Period of Performance: From: To: Revised Period of Performance: From: To: Current Revised Rapid Response Changes Rapid Response % of Program Budget In(+)/Out(-) Budget Budget Rapid Response N/A TOTAL N/A Note. If using the computerized form,all cells have been appropriately formatted. See instructions for completing this form on the next page. Revised: 3/20/00 Page 14 Attachment C • EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY(BIS) Workforce Investment Act(WIA) Rapid Response Activities Instructions for Completinq the Workforce Investment Act(WIA) Rapid Response Activities BIS: Indicate whether this is an Original or Modification BIS by checking the appropriate box. If using the computerized form, you can click in the appropriate box. If this is the initial BIS for WIA Rapid Response Activity funds,the Original box should be checked. If this is a modification for any future BIS,the Modification box should be checked. Enter the date of submittal-The computerized form has already been date formatted. Enter the name of the Workforce Region (WR)that will be receiving the funds. Enter the Program/Project Name (Rapid Response Activities). Enter the Program Year of Funds. Enter the Reference Code, if known. Enter the VAX#, if known. Enter the total original award amount for the WIA Rapid Response Activities on the Original WIA Award line item. Enter the period of performance. Enter the amount of Rapid Response costs you plan to expend in the Current Rapid Response Budget column. Total the amount in the Current Rapid Response Budget column on the TOTAL line. The computerized form wilt automatically calculate the TOTAL line. The Changes In(+)/Out(-)column is to be used for modifications to the Budget. If this is not a modification, enter"0.00" 1 otal the amount in the Changes ln(+)/Out(-) column on the TOTAL line. The computerized form will automatically calculate the TOTAL line. Add/subtract the Changes column against the Current Rapid Response Budget column to calculate the Revised Rapid Response Budget amount. The computerized form will automatically calculate the Revised Rapid Response Budget amount. Total the amount in the Revised Rapid Response Budget column on the TOTAL line. The computerized form will automatically calculate tine TOTAL line. Revised 3/20/00 Page 15 Attachment ( EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY(BIS) Miscellaneous Original _ Modification E Date of Submittal: J Workforce Region: Reference Code : Program/Project Name: VAX Funding Source and Year of Funds: Original Allocation: Current Budget: Current Period of Performance: From: To: Revised Period of Performance: From: To: Revised Budget: Changes Funding Source Current Budget In(+)/Out(-) Revised Budget TOTAL Page 16 Attachment (- EMPLOYMENT AND TRAINING PROGRAMS BUDGET INFORMATION SUMMARY(BIS) National Reserve Account Grant Original Modification Date of Submittal: Workforce Region: Reference Code : Program/Project Name: VAX# Funding Source and Year of Funds: Original Allocation: Current I3udget: Current Period of Performance: From: To: Revised Period of Performance: From: To: Revised Budget: Cost Category Current Budget Changes Funding Source Revised Budget 'o of In (+)/Out(-) Transfer Budget In (+)/Out(-) Program Administration Needs-related Payments TOTAL Page 17 Attachment C Projected Quarterly Expenditures- Cumulative Workforce Region: I Program Year: Funding Source: Adult • Exp:nditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Prote.:nons 1, Administration Program Funding Source: Dislocated Worker Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projc‘non Administration Program _ f Funding Source: Youth Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projection• Administration Program Funding Source: Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projection:. Administration Program Funding Source: Expenditures 1st Quarter Projections 2nd Quarter Projections 3rd Quarter Projections 4th Quarter Projection: Administration Program Funding Source:Expenditures 1st Quaver Projections 2nd Quarter Projections I 3rd Quarter Projections 4th Quarter Projection Administration — J Program _ ._J Page 18 Attachment PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE Workforce Region: Funding Source and Program Year: WIA Title l Adult PY00 CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUART ER Total Pa.nicipants Carr In N/A N/A N/A Nev, Total E..iters Entered Employment Rate Employment Retention Rate Earnings Change in 6 Months Employment and Credential Rate Participant Customer Satisfaction EmploN er Customer Satisfaction Carr) Out N/A NiA N/A 1 PLANNED PROGRAM ACTIVITIES 1 Workforce Region: Funding Source and Program Year: WIA Title I Adult PY00 CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUAFTEP Registered Core Services Intensive Services Training Services Page 19 Attachment C PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE Workforce Region: I Funding Source and Program Year: WIA Title I Dislocated Worker PYO—0 1 CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER Total Participants Carry In N/A N/A N,A New _—� Ne Total Exiters Entered Employment Rate �~ Employment Retention Rate Earnings Change in 6 Months Employment and Credential Rate Participant Customer Satisfaction !� Employer Customer Satisfaction Carry Out N/A N/A N/A PLANNED PROGRAM ACTIVITIES Workforce Region: Funding Source and Program Year: WIA Title I Dislocated Worker 11'1'00 CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER Registered Core Services Intensive:Services Training Services Page 20 Attachment C PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE Workforce Region: Funding Source and Program Year: WIA Title I Older Youth PY00 CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER Total Participants Carry In N/A N/A N/A Nem Total Exiters Entered Employment Rate Employment Retention Rate • Earnings Change in 6 Months Employment and Credential Rate Participant Customer Satisfaction Employer Customer Satisfaction Can'Out N/A N/A N/A PLANNED PROGRAM ACTIVITIES Workforce Region: Funding Source and Program Year: WIA Title I Older Youth PY00 CATEGORY 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER Registered Core Services Intensive Services Training Services Page 21 Attachmeni C PLANNED PARTICIPATION AND TERMINATION SUMMARY-CUMULATIVE Workforce Region: j Funding Source and Program Year: WIA Title I Younger Youth PY00 CATEGORY IST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER Total Participants Cam In N/A N/A N-A New Total Biters Skill Attainment Rate Diploma or Equivalent Attainment Rate Retention Rate Participant Customer Satisfaction Employer Customer Satisfaction Carry Out N/A N/A N/A PLANNED PROGRAM ACTIVITIES Workforce Region: Funding Source and Program Year: WIA Tide I Younger Youth PYO[+ CATEGORY IST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUAI:TER Registered Core Services Intensive Services Training Services 1 Page 22 Department or Agency No.: KAA Contract Routing No.: OIKAA 0021 Employment and Training 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 I. 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 he 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.: OIKA 1 0027 Employment and Training 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-Lowrr 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.: 01 KAA 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. Attachment E Drug-Free Workplace Certifications Alternate 1. (Contractors/Grantees Other Than Individuals) A. The grantee/contractor certifies that it will or will continue to provide a drug-free workplace by: I. 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.: OIKAA 0027 Employment and Training Programs for Weld County This is a legal document. Legal counsel should be consulted before signing. Attachment F Certification Regarding Lobbying (Certification for Contracts, Grants, Loans, and Cooperative Agreements) The undersigned certifies, to the best of his or her knowledge and belief, that: No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an office or employee of any agency, a Member of Congress. an office or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions 3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entet ing 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.: OIKAA 002 7 Employment and Training 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.: 01 KAA 00 7 Employment and Training 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 he 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 I Attachment H GRANT AGREEMENT DEFINITIONS 1. ADULT-- An individual who is 18 years or older except when the individual is between the ages of 18 and 22 and meets the eligibility qualifications of a "disadvantaged youth" pursuant to the WIA Section 127 (b)(2); and except for formula allocation purposes which determines an adult as 22 years to 72 years pursuant to the WIA Section 132(b). 2. CASH REQUEST FORM - A cash request form is a printout of the Cash Request screen in the Vax financial system and it includes a listing of cash balances for all funding sources provided for employment and training 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. 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 which 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 layof f. 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. Page 1 of 4 Attachment H 6. DISPLACED HOMEMAKER—an individual who has been providing unpaid services to family members in the home and who has been dependent on the income of another family member but is no longer supported by that income; and is unemployed or underemployed and is experiencing the difficulty in obtaining or upgrading employment. 7. 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 which is submitted to the Stale following the receipt of a Notice of Fund Availability letter. This document is the mechanism by which employment and training 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 who 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 which 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. Page 2 of 4 Attachment H 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. 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 employment and training 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 indicato•s 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. POLICY GUIDANCE LETTERS - Policy Guidance Letters (PGL's) are documents issued by the State and disseminated to the Grantees of the workforce regions identifying policies and procedures that must be followed in operating and implementing employment and training 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 starting with the calendar year for July 1 through June 30. For example, Program Year 2000 (PY00)is the time period of July 1, 2000 through June 30, 2001 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". Page 3 of 4 Attachment H 24. WORKFORCE CENTER—A One-Stop delivery system office which provides integrated employment and training 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; and that 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 4 of 4 BILL OWENS DEPARTMENT OF LABOR AND EMPLOYMENT Governor VICKIE L.ARMSTRONG .,�iv peco�R� DIVISION OF EMPLOYMENT AND TRAINING Executive Director be -b\ Two Park Central,Suite 400 C i 1515 Arapahoe Street JEFFREY M.WELLS » Denver,CO 80202 Deputy Executive Director "ran ROBERT D. HALE Director of the Division of Employment and Training Month Day, Year Attachment I The Board of County Commissioners of XXXX County [Grantee] c/o Contact Person Workforce Center Address City, State ZIP Re: Notice of Fund Availability: #01-01 for July 1,2000 through June 30, 2001 Workforce Center Name Dear Contact Person: This Notice of Fund Availability (Notice) provides you with funding allocations for employment and training programs for the Program Year 2000(PY00) covering the time period of July 1, 2000 through June 30, 2001. This Notice #00-01 provides the following [modifications to your] funding allocations: Workforce Investment Act Title I- Adult $xxx,xxx.00 Workforce Investment Act Title I- Youth $xxx,xxx.00 Workforce Investment Act Title I - Dislocated Worker Sxxx,xxx.00 Wagner-Peyser(Base Funding) Sxxx,xxx.00 Pursuant to the Grant Agreement#01-xxxx, the Grantee must submit to the State an Expenditure Authorization requesting authorization to expend or deobligate these funds. The attached Fund Availability Summary for all funding sources provided under Grant Agreement#01-xxxx shows the Total Funding Availability for Program Year 2000. The maximum funding for XXXX County under Grant Agreement#01-xxxx may not exceed X:XX Thousand XXX Hundred Dollars($xxx,xxx.00). The funding allocations identified herein will be available to the [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 Employment and Training Programs at(303) 620-4200. Sincerely, Jeffrey M. Wells Deputy Executive Director Page I of 2 Nonce of Fund Availability Letter Attachment I Fund Availability Summary Workforce Region: #****** County Program Year and Total Amount of Funds: PY00 Funding Source Vax # Original Allocation Increases/Decreases Total ALIN anon WIA Title I Adult WIA Title I Youth WIA Title I Dislocated Worker Wagner- Peyser(Base) V i TOTAL Sxxx,xxx.00 Page 2 oft Hello