The URL can be used to link to this page

Browse Search

Home My WebLink About992898.tiff RESOLUTION RE: APPROVE CONTRACT FOR WELFARE TO WORK PROGRAM 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 Contract for the Welfare to Work Program 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 January 1, 2000, and ending September 28, 2002, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for the Welfare to Work Program 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 contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 1999. BOARD OF COUNTY COMMISSIONERS Arm W D COUNTY, C LORADO ATTEST: LI', , , nvvr Dal K. Hall, Chair Weld County Clerk to i a ;. � . �,;: ..QV r rsIpis _q , arbar J. Kirkmeyer, Pr -Tem BY: Deputy Cl Clerk to the �yfJ . - Geor axter APPROVED AS TO FO 727 &.� M. J. ile CoyRt Attorn Glenn Vaac 992898 ftRiD H R0070 1*� MEMORANDUM CTO: Dale K. Hall • Board of Country Com issio ers COLORADO FROM: Walt Speckman Executive Director, uman Services DATE: December 3, 1999 SUBJECT: Welfare to Work Program Contract Enclosed for Board approval is the 1998-1999 Contract between the State of Colorado and the Board of County Commissioners to operate the Welfare to Work Program from January 1, 2000 to September 28, 2002. The contract is for $330,167.46 to provide a range of workforce development options for TANF individuals who meet the Welfare to Work criteria as well as for non-custodial parents of TANF recipients. Various services, such as post placement services, will be provided to individuals who, due to increased earnings no longer receive cash welfare payments but need additional services to become self supporting. Additionally, individuals are eligible to receive services such as improving essential work skills in reading, math, and writing, and other services which will assist them in obtaining needed workforce skills and retaining their employment. If you have any questions, please feel free to telephone me at 353-3800 ext. 3317. 992898 BILL OWENS DEPARTMENT OF LABOR AND EMPLOYMENT Governor pp c0(� VICKIE L.ARMSTRONG �© EMPLOYMENT AND TRAINING PROGRAMS Executive Director 45•7; Two Park Central,Suite 400 :74 K • 1515 Arapahoe Street JEFFREY M.WELLS .$: •+ Denver,CO 80202 Deputy Executive Director It rava J.DWIGHT STEELE Director of Employment I and Training Programs • November 26, 1999 The Board of County Commissioners of Weld County Dale K. Hall 915 10th St. Greeley, CO 80631-1123 Re: Transmittal of Proposed Contract: FY1999 Welfare to Work Contract Dear Dale: I enclose herewith 4 duplicate originals of a proposed FY1999 Welfare to Work Contract (Contract) between the Colorado Department of Labor and Employment and The Board of County Commissioners of Weld County. Please have the appropriate individual(s) review this Contract at your earliest convenience. Please have the appropriate individual(s) sign 4 copies of each Contract. The individual(s) signing this Contract must have actual legal authority to bind your entity to performance of this Contract. Reproduction of signatures by means of facsimile stamps, photocopy, or other means of reproduction will not be accepted as authorized signatures. Time is of the essence in the execution of this Contract. Therefore, please return all originals and all attachments, to the: Colorado Department of Labor and Employment, Employment and Training Programs, 1515 Arapahoe Street, Tower 2, Suite 400, Denver, CO 80202-2117, Attn: Chrystalynn no later than December 10, 1999. Sincerely, • ZZ yfZr ` Ghrystalynn if Contract Coordinator OF O(O� Chrystalynn O , Contract Coordinator Employment and Training Programs �\ end.: CDLE Contract File 00-0200 a*6% Colorado Department of Labor& Employment Division of Employment and Training Two Park Central,Suite 400 Telephone:(303)620-4217 Few(303)620-4257 1515 Arapahoe Street Denver,CO 80202-2117 E-Mail.chrystalynn®state.co.us Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. This CONTRACT is made this 31st day of December, 1999, by and between: THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 915 10th Street Greeley,Colorado 80631-1123 (Contractor) And THE STATE OF COLORADO, acting by and through the, DEPARTMENT OF LABOR AND EMPLOYMENT 1515 Arapahoe Street,Tower 2, Suite 400 Denver,Colorado 80202-2117 (State) 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 204, (Organizational Unit Number 4111, Program Number 1100, Function Number 7500, and Grant Budget Line Number 3819 under Contract Encumbrance Number 9801121; WHEREAS, authority exists in the Welfare-to-Work (WtW) grant provisions of Title IV, Part A of the Social Security Act as amended by the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and Title V of the Balanced Budget Act of 1997; WHEREAS,the Governor has received a grant of federal funds under WtW; WHEREAS,the purpose of WtW is to provide transitional assistance which moves hard-to-employ welfare recipients into unsubsidized employment and economic self-sufficiency in accordance with a "work first" philosophy and an emphasis on post-employment services; WHEREAS, one-year FY1999 WtW plan. The FY 1999 WtW Plan in accordance with those funds appropriated under WtW which are provided pursuant to an approved Welfare-to-Work Plan and in accordance with section 403(a)(5)(A)(vi) of Part A of the Social Security Act; WHEREAS, Contract authority for Weld County resides in the Board of County Commissioners of Weld County; WHEREAS, the Contractor has selected the entity which will receive and administer funds from the state in accordance with section 403(a)(5)(A)(vi)of the Social Security Act; and WHEREAS, all required approvals, clearances and coordination have been accomplished from and with all appropriate agencies. Page 1 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. NOW THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties enter into the following agreement: A. EFFECTIVE DATE. The Contract shall be effective upon approval by the State Controller, or designee, or on January 1,2000, whichever is later. The Contract performance contemplated herein shall commence as soon as practicable after the effective date of this Contract and shall extend through September 28,2002. B. STATEMENT OF WORK. The Contractor agrees to perform, in a professional manner, the obligations and responsibilities set forth in the "Allowable Activities" section of this Contract. 1. ALLOWABLE ACTIVITIES. A. The Contractor and its administrative entity have prepared a one-year FY1999 WtW plan. The FY 1999 WtW Plan is attached hereto as Exhibit A and is hereby incorporated and made part of this Contract as if fully set forth herein. B. The State shall provide Fiscal Year 1999(FY99) funds to the Contractor for activities pursuant to the approved 1999 Plan referenced above. C. Use of the funds provided through this Contract, and any additional FY99 funds which the State may provide to the Contractor are limited to the following activities: (1) Job readiness activities; (2) Employment activities which consist of any of the following: (a)Community service programs; (b) Work experience programs; (c)Job creation through public or private sector employment wage subsidies; and (d) On-the-job training. (3) Job placement services; (4) Post-employment services financed through public or private providers, which are provided after an individual is placed in one of the employment activities listed in paragraph(b)of this section, or in any other subsidized or unsubsidized job. Post-employment services include, but are not limited to, services such as: Page 2 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. (a) Basic educational skills training; (b)Occupational skills training; (c) English as a second language training; and (d)Mentoring. (5) Job retention services and support services which are provided after an individual is placed in a job readiness activity, in an employment activity, or in any other subsidized or unsubsidized job. These services can be provided with WtW funds only if they are not otherwise available to the participant. Job retention and support services include, but are not limited to, such services as: (a)Transportation assistance; (b) Substance abuse treatment(except that WtW funds may not be used to provide medical treatment); (c) Child care assistance; (d) Emergency or short term housing assistance; and (e) Other supportive services. (6) Intake, assessment, eligibility determination, development of an individualized service strategy, and case management may be incorporated in the design of any allowable activities. 2. FUNDING RESTRICTIONS A. No more than 13.25%of the total amount received from the State for WtW activities may be used for administration. B. In accordance with 20 CFR 645.211: (1) A minimum of 70% of the allocation must be expended on activities for the hard-to-employ as defined in 20 CFR 645.212. (2) A maximum of 30% of the allocation may be expended on activities for individuals with long-term welfare dependence characteristics as defined in 20 CFR 645.213. C. The Contractor shall submit a Budget Information Summary(BIS) form Page 3 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. provided by the State and attached hereto as Exhibit B. 3. FUNDING. A. The State shall provide the Contractor funds in the amount of Three Hundred Thirty Thousand One Hundred Sixty-Seven Dollars and Forty-Six Cents ($330,167.46) for activities identified in the "Allowable Programs" section of this Contract. B. Increases or decreases in authorized funding required for the performance of this Contract shall be made on an executed Change Letter as described below in Paragraph I.2. of this Contract. C. NON-DISPLACEMENT 1. NON-DISPLACEMENT REQUIREMENTS. The Contractor shall insure that: A. An employment activity operated with WtW funds shall not violate existing Contracts for services or collective bargaining agreements. Where such an activity would violate a collective bargaining agreement,the appropriate labor organization and employer shall provide written concurrence before the employment activity is undertaken. B. In accordance with sections 26-2-716(3)(a)(IV)and(3)(b), C.R.S. (portion of the Colorado Works Program Act)and 20 CFR 645.265, an adult participating in an employment activity operated with WtW funds shall not be employed or assigned: (1) When any other individual is on layoff from the same or any substantially equivalent job within the same organizational unit; (2) If the employer has terminated the employment of any regular, unsubsidized employee or otherwise caused an involuntary reduction in its workforce with the intention of filling the vacancy so caused with the WtW participant; (3) If the employer has caused an involuntary reduction of hours (regular or overtime), compensation or fringe benefits of any employee in the same or substantially equivalent job within the same organizational unit as a result of hiring a WtW participant; (4) When the vacancy is the result of a strike, lockout or other organized labor dispute; (5) If the employer failed to restore a regular employee to the same or Page 4 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. equivalent position after the conclusion of an approved leave of absence, including but not limited to,vacation, sick, maternity, family/medical leave, military reserve training or a Workers' Compensation related temporary disability,with the intention of filling the vacancy so caused with the WtW participant. D. PAYMENT CONTINGENCY. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed or otherwise compensated with funds provided to the State by the U.S. Department of Labor(U.S.D.O.L). under the WtW. Therefore,the Contractor expressly understands and agrees that all its rights, demands, and claims to compensation arising under this Contract are contingent upon receipt of such funds and upon the State's continued receipt of such funds. If any part of the funds are not received by the State, for any reason, then the State may unilaterally terminate this Contract, or, with the consent of the Contractor, modify the terms hereof. Insofar as this contingency affects the Contractor, subrecipients or suppliers, for mutual protection of the parties, the Contractor agrees to include this contingency in all its subcontracts. E. TERMINATION. The performance of work under this Contract may be terminated, in whole or in part, by the State in accordance with the following provisions of this clause: 1. TERMINATION FOR CONVENIENCE. The State may terminate this Contract at any time the State determines that the purposes of the distribution of State moneys under the Contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Contractor 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 Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delivered. If the Contract is terminated by the State as provided herein, the Contractor 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 Contractor covered by this Contract, less payments of compensation previously made, provided, however,that if less than sixty percent(60%)of the services covered by the Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment)for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. In no event shall reimbursement under this clause exceed the Contract amount. If this Contract is terminated for cause, or due to the fault of the Contractor,the Termination for Cause or Default provision shall apply. Page 5 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. 2. TERMINATION FOR DEFAULT(CAUSE). If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract,the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor 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 Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Contractor shall be obligated to return any payment advanced under the provisions of this Contract. Notwithstanding the above,the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payment to the Contractor for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Contractor is determined. If after such termination it is determined, for any reason,that the Contractor was not in default, or that the Contractor's action/inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the Contract had been terminated for convenience, as described herein. F. MANAGEMENT ACTIVITIES 1. UNIFORM FISCAL AND ADMINISTRATIVE REQUIREMENTS. The Contractor is required to comply with its applicable Uniform Fiscal and Administrative Requirements. Specifically: A. State, local, and Indian tribal government Contractors are required to comply with the common rule "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" which is set forth in the U.S.D.O.L. regulations at 29 CFR part 97; and B. Institutions of higher education, hospitals and other non-profit Contractors are required to comply with OMB Circular A-110, set forth in the U.S.D.O.L. regulations at 29 CFR part 95. 2. COMPLIANCE WITH APPLICABLE AUDIT REQUIREMENTS. All governmental and non-profit organizations are required to follow the audit requirements of OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." Page 6 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. This requirement is imposed at 29 CFR 97.26 for governmental organizations and at 29 CFR 95.26 for institutions of higher education, hospitals, and other non-profit organizations. The circular also requires pass-through entities to monitor the activities of subrecipients and ensure that subrecipients meet the audit requirements. Specifically, the Contractor shall comply with all the provisions and requirements of the Single Audit Act Amendments of 1996, codified at 31 U.S.C. 7501-7507(Public Law 104-156), OMB Circular A-133, and Colorado One-Stop System Policy Guidance Letter(PGL)#98-04- F6-1, "Audits, Audit Resolution, Audit Appeal, and Debt Collections Procedures." If the Contractor and/or its subrecipient(s), if any, expends $300,000 or more of federal awards in the Contractor's fiscal year, then the Contractor and/or subrecipient shall submit an audit report in accordance with the Single Audit Act, OMB Circular A-133, and PGL #98-04-F6-1 to the State within the earlier of thirty(30)calendar days after receipt of the auditor's report or nine(9)months after the end of the period audited. For Contractors whose fiscal years begin on or after July 1, 1999, audits shall be submitted to the State within the earlier of thirty(30)calendar days after receipt of the auditor's report or nine (9)months after the end of the period audited. The Contractor 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 Contractor shall also institute policy and procedures for its lower tier subrecipients that comply with these audit provisions. 3. ALLOWABLE COSTS/COST PRINCIPLES REQUIREMENTS. The Contractor is required to comply with its applicable Cost Principle Requirements/OMB Circular. Specifically: A. State, local and Indian tribal government Contractors must determine allowability of costs in accordance with the provisions of OMB Circular A-87, "Cost Principles for State and Local Governments"; B. Non-profit Contractors must determine allowability of costs in accordance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations"; and, C. Institutions of higher education Contractors must determine allowability of costs in accordance with OMB Circular A-21, "Cost Principles for Education Institutions." 4. FINANCIAL REPORTING REQUIREMENTS A. PAYMENTS. The preferred method of payment shall be cost reimbursement. As often as weekly,the Contractor may request reimbursement of actual and proper expenditures from the State using the Cash Request Form as specified in the Job Training Partnership Act(JTPA) Subrecipient Financial Procedures Policy Guidance Letter#93-46-F5. Page 7 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. B. EXPENDITURE REPORT. On a monthly basis, the Contractor shall report expenditures to the State using the WtW Expense Report Form and the WtW Activity Expense Report Form. Said forms shall be provided by the State. These reports are due to the State on 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 fiscal year-end closing deadlines. C. PROGRAM INCOME. The Contractor shall comply with the program income provisions within the applicable Uniform Administrative Requirements(29 CFR Part 97). In addition,the Contractor shall identify to the State the recognition of such program income through the Cash Request Form, and report the expenditure of program income through the Program Income Expense Report Form. The Program Income Expense Report Form shall be provided by the State. D. CLOSE OUT. Within 45 days after the end of this Contract,the Contractor shall submit a Grant Reconciliation Worksheet, and the Contract Close-Out Packet to the State. 5. RETENTION OF FISCAL RECORDS. In addition to any requirements imposed elsewhere in this Contract,the Contractor 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 Contract. The Contractor, and its subrecipient(s), 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 in accordance with 29 CFR 97.42(b)and (c). All such records shall be sufficient to allow the U.S.D.O.L., independent firms conducting audits of WtW funds, and the State to audit and monitor the Contractor. 6. RETENTION OF APPLICANT, ELIGIBLE APPLICANT, PARTICIPANT, TERMINEE, EMPLOYEE AND APPLICANT FOR EMPLOYMENT RECORDS. In accordance with 29 CFR 97.42(b) and(c),the Contractor and its subrecipient(s), 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. 7. PARTICIPANT RECORDS. Participant Records shall record any participants involvement in a WtW program including, but not limited to, dates of entry, eligibility, participation, and termination. 8. RETENTION OF COMPLAINT RECORDS. The Contractor, and its subrecipient(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. Page 8 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. 9. AUTOMATIC EXTENSION OF RETENTION PERIOD. If pending litigation, an audit, or a claim involving a grant or agreement covered by the records referred to above is initiated prior to the end of the above-referenced retention periods,then such retention periods automatically renew for an additional period of three (3)years or until such litigation, audit, or claim is finally resolved. 10. RIGHTS OF INSPECTION. 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 Contract to ensure compliance with the terms of this Contract, and provisions of any subcontracts funded in whole or in part through this Contract. The right to access lasts beyond the prescribed period of record retention, and as long as records are available in accordance with 29 CFR 97.42(e). 11. REVIEW OF FINDINGS. The Contractor 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 Contract. 12. CONDUCT OF FINANCIAL ACCOUNTING. If the State determines that the record keeping system of the Contractor does not comply with federal guidelines, then the State may conduct a financial accounting of the Contractor'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 Contractor's records shall be deducted on a monthly basis from other funds allocated to the Contractor. G. SUBCONTRACTING. The Contractor shall not subcontract the performance of any part of its duties which relate to the administration of funds under this Contract except in accordance with the terms of this Contract or with the prior written consent of the State approving the subcontractor. H. PROPERTY MANAGEMENT. The Contractor shall comply with the equipment and supplies provisions within the applicable Uniform Administrative Requirements(29 C.F.R.Part 97). I. CHANGES IN STATEMENT OF WORK. 1. MODIFICATION BY OPERATION OF LAW. This Contract is subject to such modification as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. Page 9 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. 2. PROGRAMMATIC AND/OR FUNDING MODIFICATIONS. The Contractor shall follow the revision procedures set forth by the State. A. Change Order Letters. Bilateral changes within the general scope of the Contract, as set forth in Paragraph B. above, may be executed using the simplified Change Letter process described in this paragraph and the model Change Letter attached hereto as Exhibit C, subject to the following conditions: (1) Identification of Contract by Contract number and affected paragraph number(s); (2) Types of services or programs increased or decreased and the new level of each service or program; (3) Amount of the increase or decrease, if any, in the level of funding for each service or program and the total; (4) Intended effective date of the funding change; (5) A provision stating that the change shall not be valid until approved by the State Controller or such assistant as he may designate. B. Upon proper execution and approval, such letter shall become an amendment to this Contract and, except for the general terms and conditions and Special Provisions of the Contract,the letter shall supersede the Contract in the event of a conflict between the two. It is understood and agreed that the letter may be used only for increased or decreased funding, and/or when the Statement of Work or the objective of the Contract changes substantially, as determined by the State. Under such circumstances, the State's approval is not binding until the Change Letter is executed. C. If the Contractor agrees to and accepts the change,the Contractor shall execute and return the Change Letter to the State by the date indicated in the letter. In the event the Contractor does not accept the change, or fails to timely return the executed letter,the State may, upon notice to Contractor, terminate this Contract effective at any time after twenty(20)days following the return deadline specified in the letter. Such notice shall specify the effective date of termination. In the event of termination, the parties shall not be relieved of their obligations up to the effective date of termination. D. Increases or decreases in the level of Contractual funding made through the change letter process during the term of this Contract may be made under the following circumstances: (I) If necessary to fully utilize Colorado State appropriations or non-appropriated federal grant awards. (2) Adjustments to reflect current year expenditures. Page 10 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. (3) Supplemental appropriations or non-appropriated federal funding changes resulting in an increase or decrease in the amounts originally budgeted and available for the purposes of this program. (4) Closure of programs and/or termination of related Contracts. (5) Delay or difficulty in implementing new programs or services. (6) Other special circumstances as deemed appropriate by the State. E. A Change Letter reflecting increases or decreases in the level of Contractual funding shall be accompanied by a revised Budget Information Summary(BIS) form, attached hereto as Exhibit B. Other modifications to this Contract not within the scope of this paragraph). must be executed by formal amendment to the Contract, approved in accordance with state law. J. OTHER ASSURANCES. I. COMPLIANCE WITH FEDERAL LAW. The Contractor assures that it will fully comply with the WtW, all regulations promulgated thereunder, and all other applicable federal and state laws,rules and regulations. 2. COMPLIANCE WITH STATE LAW. The Contractor assures that in operating programs funded under the WtW, it shall comply with all State directives, including, but not limited to,the Colorado Works Program Act Grievance Procedure Rules and PGLs. 3. SAFEGUARD AGAINST FRAUD. The Contractor assures that it will administer its WtW programs in full compliance with all safeguards against fraud and abuse as set forth in the WtW and its implementing regulations. 4. ADHERENCE TO GRIEVANCE PROCEDURE. The Contractor shall abide by the provisions of 20 CFR 645.00,which section concerns the administrative appeal process. Further, the Contractor shall follow all applicable federal regulations governing the resolution of all grievances and complaints, including those grievances and complaints based on discrimination. Finally,the Contractor shall follow all pertinent Governor's policy issuances concerning grievance procedures. 5. MAINTENANCE OF WtW FUNDS IN APPROPRIATE FINANCIAL INSTITUTIONS. The Contractor, and its subcontractor(s), if any, shall maintain all WtW funds in cash depositories which have Federal Deposit Insurance Corporation (FDIC) insurance coverage. If the Contractor's account balance exceeds the FDIC maximum coverage on deposits at any one financial institution,then all WtW funds in excess of that insurance coverage shall be collaterally secured on a daily basis at other FDIC financial institutions. Page 11 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. 6. FIDELITY BOND. Prior to the initial disbursement of funds to the Contractor under this Contract,the Contractor shall ensure that every officer, director, agent, or employee authorized to act on behalf of the Contractor in receiving or depositing funds into program accounts; or in issuing financial documents, checks, or other instruments of payment for program costs shall obtain a fidelity bond to protect the State against the loss of any money for any reason. Fidelity bonds for each such person shall be in an amount equal to ten percent(10%)of the Contract Amount received from the State. Upon request by the State, the Contractor shall show proof of such fidelity bond to the State. If a fidelity bond for any person of the Contractor is canceled or, coverage is substantially reduced, then the Contractor shall immediately notify the State and the State shall not disburse any funds thereafter to the Contractor until the State receives and acknowledges a written assurance from the Contractor that adequate insurance coverage has been reacquired for any such person. 7. MAINTENANCE OF INTEGRITY IN THE EXPENDITURE OF PUBLIC FUNDS. The Contractor shall take every reasonable course of action to maintain the integrity of the expenditure of public funds and to avoid any favoritism, conflict of interest, or other questionable or improper conduct. The Contractor shall administer this Contract in an impartial manner, free from personal, financial, political, or other questionable or improper gain or motive. In administering this Contract, the Contractor, its executive staff, and employees, shall avoid situations which give rise to a suggestion that any decision of the Contractor was influenced by prejudice, bias, special interest, or personal gain. 8. CERTIFICATIONS I. By signing this Contract,the Contractor agrees to provide, comply with, and, if applicable, execute the certifications set forth in the following Exhibits D through G, incorporated herein by reference and attached hereto: Exhibit D - Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction Exhibit E - Certification Regarding Lobbying Exhibit F - Certification of Compliance with the Requirements of the Federal Drug- Free Workplace Act of 1988 Exhibit G - Tobacco Free Certification. 1 If the Contractor is unable to certify to any of the statements in this section of the Contract,then the Contractor shall attach an explanation to this Contract explaining why the Contractor cannot provide or otherwise comply with a given certification. Page 12 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. K. ADDITIONAL PROVISIONS. 1. LEGAL AUTHORITY. The parties warrant that each possesses actual, legal authority to enter into this Contract. 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 Contract and bind that party to its terms. The person or persons signing this Contract, or any attachments or amendments hereto, also warrant(s)that such person(s)possesses actual, legal authority to execute this Contract, and any attachments or amendments hereto, on behalf of that party. 2. RELATIONSHIP OF PARTIES. THE CONTRACTOR SHALL PERFORM ITS DUTIES 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 CONTRACT. 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. 3. CONFLICT OF INTEREST. The Contractor, and its subcontractors, if any, shall maintain a written code of conduct governing the performance of persons engaged in the award and administration of WtW Contracts and subgrants. No employee, officer or agent of the Contractor, 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: (a) The employee, officer or agent; (b) Any member of the employee's immediate family; (c) The employee's partner; or (d) An organization which employs, or is about to employ, any of the above, Page 13 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. has a financial or other interest in the firm or entity selected for award. The Contractor's, subcontractor's, or subgrantee's officers, employees, or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, potential Contractors, or parties to sub-agreements. 4. INSURANCE. A. The Contractor shall obtain, and maintain at all times during the term of this agreement, insurance in the following kinds and amounts: 1) Standard Worker's Compensation and Employer Liability as required by State statute, including occupational disease, covering all employees on or off the work site, acting within the course and scope of their employment. 2) General, Personal Injury, and Automobile Liability(including bodily injury, personal injury, and property damage)minimum coverage: a) Combined single limit of$600,000 if written on an occurrence basis. b) Any aggregate limit will not be less than $1,000,000. c) Combined single limit of$600,000 for policies written on a claims-made basis. The policy shall include an endorsement, certificate, or other evidence that coverage extends two years beyond the performance period of the Contract. d) If any aggregate limits are reduced below$600,000 because of claims made or paid during the required policy period,the Contractor 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 Contractor shall provide certificates showing adequate insurance coverage to the State within 7 working days of award or Contract execution, unless otherwise provided. E. If the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS 24-10-101, et seq., as amended ("Act"),the Contractor shall at all times during the term of this Contract maintain such liability insurance, by commercial policy or self-insurance, as is necessary to Page 14 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. meet its liabilities under the Act. Upon request by the State,the Contractor shall show proof of such insurance. 5. CONFIDENTIALITY OF RECORDS. A. In the event that the Contractor obtains access to any records, files, or information of the State in connection with, or during the performance of,this Contract,the Contractor 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 arid regulations apply to the State. B. If this Contract is subject to the Colorado Employment Security Act, Articles 70 to 82 of Title 8, C.R.S.,(CESA), then the Contractor is designated an agent of the State, but only for the purposes of the confidentiality requirements of the CESA. As such,the Contractor agrees to be bound by all confidentiality requirements of the CESA. C. The Contractor agrees to notify and advise all of its employees, agents, consultants, licensees, or sub-Contractors in writing of the above requirements and of the possible penalties and fines that may be imposed for any violation thereof. D. Any breach of confidentiality by the Contractor, or third party agents of the Contractor, shall constitute good cause for the State to cancel this Contract, without liability to the State. E. Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents of the Contractor. 6. OWNERSHIP OF MATERIALS, INFORMATION, DATA, COMPUTER SOFTWARE, DOCUMENTATION, STUDIES,AND EVALUATIONS. Unless otherwise provided for in this Contract,the parties agree that all material, information, data, computer software, studies, evaluations, reports, photographs, negatives, or any other documents, drawings, or medium produced or prepared by the Contractor in the performance of this Contract are the sole property of the State. All such items shall be delivered to the State by the Contractor upon completion, termination, or cancellation of this Contract. The Contractor 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 Contractor's duties and obligations under this Contract without the prior, express, written consent of the State. 7. PATENT RIGHTS. If any invention, improvement, or discovery of the Contractor, or any of its third party Contractors, is conceived or first actually reduced to practice during the term or course of this Contract, and if such is patentable,then the Contractor shall Page 15 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. 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 Contractor, third party Contractors of the Contractor, 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 Contractor shall include the requirements of this paragraph in its third party Contracts, if any, for the performance of work under this Contract. 8. RIGHTS IN DATA AND COPYRIGHT. A. Except for its own internal use,the Contractor shall not publish or reproduce any data or other information, however contained, in whole or in part, which is recorded in any form or medium whatsoever and which is delivered or specified to be delivered under this Contract. Nor may the Contractor 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, nonexclusive, 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 Contract, or a resulting third party Contract, irrespective of whether that work is already copyrighted; and, 2. any rights of copyright to which the Contractor, subrecipient, or third party Contractor purchases ownership with federal assistance. C. The State shall have unlimited right to any data first produced or delivered under this Contract. The Contractor shall comply with the copyright requirements of 29 CFR 97.34. 9. REMEDIES OTHER THAN TERMINATION FOR DEFAULT. In addition to any other remedies provided for in this Contract, or by law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform its duties or obligations under this Contract. "Substantial failure to satisfy or perform" is defined to mean: unsatisfactory, insufficient, incorrect, or improper actions or inactions by the Contractor in performing its duties and obligations under this Contract. The additional remedial actions include, but are not limited to: A. Suspension of further performance by the Contractor pending completion of necessary corrective action(s) by the Contractor as specified by the State. B. Withholding of further payments to the Contractor until necessary services or corrective actions are satisfactorily completed by the Contractor. Page 16 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. C. Deny payment for those services or obligations of the Contractor which have not yet been performed and which, due to circumstances caused by the Contractor, 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 Contractor's actions. D. Terminate this Contract immediately as set forth in the Termination for Default paragraph of this Contract but without further liability to the State, including, but not limited to, liability for termination costs. 10. TERMINATION DUE TO THE LOSS OF FEDERAL FUNDING. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated, in whole or in part, from available federal funds. Therefore,the Contractor expressly understands and agrees that all of its rights, demands, or claims to compensation under this Contract are subject to, and contingent upon,the continuing availability of those federal funds for the purposes hereof. In the events 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 Contract. 11. THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that the enforcement of the terms and conditions of this Contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the named Contractor. Nothing contained in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Contractor that any such person or entity, other than the State or the Contractor, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. 12. SEVERABILITY. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of this Contract, the terms of this Contract are severable. If any term or provision of this Contract 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 Contract. 13. WAIVER. The waiver of a breach of a term or provision of this Contract shall not be construed as a waiver of a breach of any other term or provision of this Contract or, as a waiver of a breach of the same term or provision upon subsequent breach. 14. ASSIGNMENT. This Contract is in the nature of personal services. Therefore, the rights, duties, and obligations of the Contractor cannot be assigned, delegated, or otherwise transferred, except with the prior, express, written consent of the State. 15. CONTRACT BINDING ON SUCCESSORS. Except as otherwise provided for herein, this Contract shall inure to the benefit of, and be binding upon,the parties hereto and their respective successors and assigns. Page 17 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. 16. REPRESENTATIVES. For the purposes of this Contract,the persons identified below in Paragraph 18 are hereby designated as representatives of the respective parties to this Contract. Either party may, from time to time, designate in writing new or substitute representatives. 17. NOTICE OF PENDING LITIGATION. Unless otherwise provided for in this Contract, the Contractor 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 Contract and which has been filed in any federal or state court or administrative agency. The Contractor shall immediately deliver copies of any such documents to the State. 18. NOTICE PROCEDURE. All notices required or permitted under this Contract 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. CONTRACTOR: Dale K.Hall Chair The Board of County Commissioners of Weld County 915 10th Street P.O. Box 758 Greeley, CO 80632 (719)356-4000 STATE: Melvin Madden Associate Director,Finance Department of Labor and Employment 1515 Arapahoe Street,Tower 2, Suite 400 Denver,CO 80202-2117 (303) 620-4400 19. MODIFICATIONS AND AMENDMENTS. This Contract 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 Contract as of the effective date of such change as if that change was fully set forth herein. Except as provided above, no modification of this Contract shall be Page 18 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. effective unless such modification is agreed to in writing by both parties in an amendment to this Contract or in a Contract Change Letter, the form for which is attached hereto as Exhibit B,that has been previously executed and approved in accordance with applicable law. 20. ADHERENCE TO APPLICABLE LAWS. At all times during the term, performance, or execution of this Contract,the Contractor shall comply with all applicable federal and state laws, regulations, rules or procedures,as these provisions currently exist, or may hereafter be amended, all of which are incorporated herein by reference and made a part of the terms and conditions of this Contract. 21. DISCRIMINATION AND AFFIRMATIVE ACTION. If, during any I2-month period (including the 12 months preceding the award of this Contract),the Contractor has been or is awarded Contracting Agency Contracts and/or subcontracts that have an aggregate value in excess of$10,000, the Contractor shall comply with subparagraphs A(1)through (5) below. Upon request,the Contractor shall provide information necessary to determine the applicability of this clause. A. During performing this Contract,the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. (2) The Contractor shall take affirmative action, in accordance with law, to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age, disability, or political affiliation or belief. This shall include, but not be limited to, (i)employment, (ii)upgrading, (iii)demotion, (iv)transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii)rates of pay or other form and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, 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 race, color, religion, sex, national origin, age, disability, or political affiliation or belief. (5) The Contractor shall send,to each labor union or representative of workers with which it has a collective bargaining agreement or other Contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under Page 19 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. 22. SURVIVAL OF CERTAIN CONTRACT PROVISIONS. Notwithstanding anything herein to the contrary,the parties understand and agree that all terms and conditions of this Contract, and the exhibits and attachments hereto, which may require continued performance or compliance beyond the termination date of this Contract 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 Contract. 23. CAPTIONS, CONSTRUCTION, AND EFFECT. The captions and headings used in this Contract are for identification only, and shall be disregarded in any construction of the terms, provisions, and conditions of this Contract. 24. ENTIRE UNDERSTANDING. This Contract 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 Contract executed and approved pursuant to the Fiscal Rules of the State of Colorado. L. SPECIAL PROVISIONS.2 CONTROLLER'S APPROVAL 1. This Contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any Contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. BOND REQUIREMENT 3. If this Contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct,tunnel, excavation or other public work for this State,the Contractor shall, before entering upon the performance of any such work included in this Contract, duly execute and deliver to the State official who will sign the Contract, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the 2 These special provisions are mandatory provisions of all payable State Contracts. Page 20 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. terms of this Contract. Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful performance of the Contract and in addition, shall provide that if the Contractor or his subcontractors fail to duly pay for any labor, materials,team hire, sustenance, provisions, provendor or other supplies used or consumed by such Contractor or his subcontractor in performance of the work Contracted to be done or fails to pay any person who supplies rental machinery, tools, or equipment in the prosecution of the work the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight per cent per annum. Unless such bond is executed, delivered and filed, 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 money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State, its employees and agents,-against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. This clause does not constitute a waiver of any provision of the Colorado Governmental Immunity Act. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The Contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be contained in all State Contracts or subcontracts. During the performance of this Contract, the Contractor agrees as follows: (a)The Contractor will not discriminate against any employee or applicant for employment because of race,creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The Contractor will take affirmative action to insure that 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 the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising; lay-offs or terminations; rates of pay or other forms of compensation; and selection 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 provisions of this non-discrimination clause. (b)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 race, creed, color, national origin, sex, marital status, religion, Page 21 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. ancestry, mental or physical handicap, or age. (c)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 Contractor's commitment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and rules, regulations, and relevant Orders of the Governor. (d)The Contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the Contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules regulations and orders. (e)A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment work opportunity because of race, creed, color, sex, national origin, or ancestry. (f) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this Contract to be discriminatory or obstruct or prevent any person from complying with the provision of this Contract or any order issued thereunder; or attempt, either directly or indirectly,to commit any act defined in this Contract to be discriminatory. (g) In the event of the Contractor's non-compliance with the non-discrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further State Contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Orders, Equal Opportunity 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 unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any sub-Contracting or purchase order as the Contracting agency may direct, as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the Contracting agency, the Contractor may request the State of Colorado to enter into such Page 22 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of CRS 8-17-101 & 102 for preference of Colorado labor are applicable to this Contract if public works within the State are undertaken hereunder and are financed in whole or in part 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 non-resident bidder from a State or foreign country equal to the preference given or required by the State or foreign country in which the non-resident bidder is a resident. 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 otherwise be available or would otherwise be inconsistent with requirements of Federal law, this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 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 extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Contract to the extent that the Contract is capable of execution. 8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30-202.4(as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a)unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 39, CRS; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) owed amounts required to be paid to the Unemployment Compensation 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 of final agency determination or reduced to judgment as certified by the controller. 10. The signatories aver that they are familiar with CRS 18-8301, et. seq., (Bribery and Corrupt Influences)and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such Page 23 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. provisions is present. 11. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the service or property described herein. Page 24 of 25 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. CONTRACTOR: STATE: BOARD OF COUNTY COMMISSIONERS OF STATE OF COLORADO WELD COUNTY Bill Owens,Govern r By: 12/08/99 By: / 4% Dale K. Hall Date ie .Armstro Date Jj Chair Executive Director FEIN: 84-6000813* Department of Labor and Employment Attest 'on Se E '"a``` Oe � By: Corporate Secretary or ' 5\11. APPROVALS: DEPARTMENT OF LAW DEPARTMENT OF PERSONNEL COLORADO ATTORNEY GENERAL OFFICE OF THE STATE CONTROLLER Ken Salazar,Attorney General Arthur L.Barnhardt,State Controller LAZAR Y E RA _ „t By: _ lSy:/ i -i/ JAMES E. MAR PKeJR. Melvin Madden Date ASSISTANT ATTORNEY GENERAL State Controller Designee STATE SERVICES SECTION Page 25 of 25 Exhibit C CONTRACT ROUTING # CONTRACT CHANGE ORDER LETTER THIS CONTRACT CHANGE ORDER LETTER NUMBER# made this Day of , 199, by and between the State of Colorado for the use and benefit of the Colorado Department of Labor and Employment, 1515 Arapahoe Street, Tower 2, Suite 400, Denver, Colorado 80202-2117 hereinafter referred to as the State, and, hereinafter referred to as the Contractor; 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 , Appropriation Code Number , Org. Unit , GBL , Contract Encumbrance Number_•and, WHEREAS, this change letter modifies Interagency Agreement# Routing # dated , and both the State and the Contractor are agreeable to this Interagency Agreement modification. THEREFORE, this Interagency Agreement is changed as follows: Paragraph A, Effective Date and Term, is modified by deleting "Date" and inserting in lieu thereof" Date " Paragraph 8.3., Maximum Funding is modified by deleting " "and inserting in lieu thereof ". (Attach BIS form if appropriate.) Paragraph B, Statement of Work(objective, work, results, measurement, standard and/or benefit) is to be modified as follows: (add sentences/delete sentences) and inserting in lieu thereof"(type exactly as it is to appear)"; (or, alternatively, attach a separate sheet submitting revised or new language). By affixing their signatures to this change letter, both the State and the Contractor expressly acknowledge that all of the terms and conditions of the Original Interagency Agreement remain unchanged except for those terms and conditions modified by this Change Letter# and all previous changes. Both parties also expressly understand that this Change Letter# is incorporated into the original Interagency Agreement. This Contract Change Order Letter Number# is intended to be effective as of , but in no event shall it be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Contract Change Letter on the day first above written. CONTRACTOR: STATE: THE BOARD OF COUNTY COMMISSIONERS STATE OF COLORADO OF ***** COUNTY Bill Owens,Governor By: By: **** Chair Date Vickie L. Armstrong Date Executive Director Department of Labor& Employment FEIN: APPROVALS: DEPARTMENT OF PERSONNEL OFFICE OF THE STATE CONTROLLER Arthur L. Barnhardt,State Controller By: Melvin Madden Date State Controller Designee Page 2 of 2 Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. Exhibit D CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTION This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension,29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26,1988 Federal Register (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION,READ ATTACHED INSTRUCTIONS WHICH ARE AN INTEGRAL PART OF THE CERTIFICATION) (1) The prospective recipient of Federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective recipient of Federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Dale K. Hall, Chair, Weld County Board of Commissioners Name And Title Of Authorized Representative N. 12/08/99 Signature Date Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. Instructions for Certification 1. By signing and submitting this proposal,the prospective recipient of Federal assistance funds is providing the certification as 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 recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor(DOL)may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of charged 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 meanings 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 for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal 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 debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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 debarred, suspended, ineligible,or voluntarily excluded from the covered transaction, 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 Procurement or Nonprocurement Programs. S. 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 person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the DOL may pursue available remedies, including suspension and/or debarment. Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. Exhibit E CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an 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 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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all *subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements)and that all *subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Weld County Grantee/Contractor Organization Program/Title Dale K. Hall . Chair 12/08/99 Name of Certifying Official Signature Date Note: In these instances, "All," in the Final Rule is expected to be clarified to show that it applies to covered contract/grant transactions over$100,000(per OMB). Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. Exhibit F CERTIFICATION OF COMPLIANCE WITH THE REQUIREMENTS OF THE FEDERAL DRUG-FREE WORKPLACE ACT OF 1988 In accordance with t e rug-Free Workplace Act of 1988, and its implementing regulations, 29 C.F.R. 98, Subpart F, I, \l ,the undersigned, in representation of the Contractor, ATTEST and CERTIFY a e K. Hal Chair that the Contractor I'I provide a drug-free workplace by: 1. Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying those actions that will be taken against an employee who violates this prohibition. 2. Establishing an ongoing drug-free workplace awareness program to inform employees of: A. The dangers of drug use in the workplace; B. The Contractor's policy of maintaining a drug-free workplace; C. The availability of drug counseling, rehabilitation, and employee assistance programs; and, D. The penalties that may be imposed on an employee for drug abuse violations which occur in the workplace. 3. Ensuring that each employee who shall perform work under this Contract on behalf of the Contractor is given a copy of the statement required by paragraph 1. above. 4. Notifying an employee in the statement required by paragraph 1. above that, as a condition of employment under this Contract, the employee shall: A. Abide by the terms of the statement required by paragraph 1. above; and, B. Within five(5)calendar days of conviction, notify the Contractor in writing if the employee is convicted of violating a drug related criminal statute the commission of which violation occurred at the Contractor's workplace. Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. 5. Notifying the State in writing within ten (10)calendar days: after receipt of any notice given to the Contractor by an employee of the Contractor pursuant to subparagraph B. of paragraph 4. above; or, after the Contractor's receipt of actual notice of the conviction of an employee of the Contractor for a violation of a drug related criminal statute,which violation occurred at the Contractor's workplace. Such notice by the Contractor to the State shall identify the employee and the position held by the employee at the time of the conviction. 6. Taking appropriate personnel action, insofar as such personnel action is consistent with the Rehabilitation Act of 1973, as amended, against an employee of the Contractor who has been convicted of the violation of a drug related criminal statute, which violation occurred at the Contractor's workplace; or, require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 7. Making a good faith effort to continue to maintain a drug-free workplace through the implementation of paragraphs I. through 6. above. 8. Informing the State in writing if the Contractor changes any work location identified in the Contract where the Contractor will perform any work under the Contract to another work location where the Contractor will perform work under the Contract. Additionally, (check the following lines as appropriate): There are workplaces of the Contractor which are not identified in the Contract There are no workplaces of the Contractor which are not identified in the Contract A list of additional workplaces is appended to this Attachment A list of additional workplaces is not appended to this Attachment. I declare, under penalty of perjury under the laws of the United States, and under the penalties set forth in the Drug-Free Workplace Act of 1988,that this Certification is true and accurate, and that I have actual author' to sign this Certification on behalf of the Contractor. ti By: LC / ignature Dale K. Hall Typed Name Chair, Weld County Board of Commissioners Typed Title Department or Agency No.: KAA Contract Routing No.: 00-0200 FY99 WtW Contract for Weld County This is a legal document. Legal counsel should be consulted before signing. Exhibit G TOBACCO-FREE CERTIFICATION Public Law 103-227, the Pro-Children Act of 1994, requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by any entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan or loan guarantee. The law does not apply to children's services provided by private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. By submitting and signing the application and this contract, the contractor certifies that it will comply with the requirements of the Act. The contractor further agrees that it will require the language of this certification to be included in any subawards which contain provisions for children's services and that all subgrantees shall certify and perform accordingly. ,O C w ° O C O O O bE9 E O" b CM O -, y ,O., C O > N 0 ..= k p w c v " 3 o f C °) O U o O 0, v o •c) b It O E 3 W,C b0 t bo O M O a C a O ' • - ? u C O o ro E m w 0 •'-'.o al g a) O � w a w U .-� as co, a I- .Y E C h a.) co a 3 .0 ca °oi CMC . u Y 'Y o aE E a•a) a o - c 0 . 0 0.0 ° Eoa 'c3 ▪ 3 ca b .c r..4 >i ° a CM a .C ^ y .: u Y N a7 cy U — •b N 4. a c^ O 'r., O N •E' c.',tl w.U. cy w U 2y O Ch Y C �j� o a tcl`a �" Y i= .�c•-� T ra i-. vCi O O• O co O O O W > O ni O ° " \ \ » Oc M ocat a °�o an xa >» 42 .02 .00 °' et AA 111 O cad �" u a 1) i, 2 a u O QI - E. u O o C Cr k o E r as o o '" a cy �' a) .E a) u o o Ec. E E 3 > o x O O Y o " J ti-i, a“. U• O` 0 ca o o b0 3 0 F be w N ° o ° v a °'i w° > cve"4 cy cy .E t o 3 � F ca > x o � c co E a. a nano o ° Y E ❑❑ a u a. ti > ' '^^ O A a C C b0 d O O Rfo ti O a .C ° ,. e‘• �' a . O 3 u > • o m y °' o 0o u .. c.2 a .o 'Litog CE c!, o..5 cd 3 c U o °y .E > u cd ''L.. -O 0 o oW C VOL-o 0 catl 0 t ca a 'e y ° O C yt0 a 0 O C W U A '� '� T Cam. v, a ta O a E .o co F `� o eo o 2 ° a o T >, >, aa.' Y E b a ° 'y C "°may • Z cE a > °�' a " T-a o'• w on E aci ° u E a.E c ci-do 'a °ue an 4-) 5 p •c a� ro ° o o O°- ::E..' ° E p[ o ` ,5 o Y ° ,,, o^ U '>, °' p .2 P. 0 03 E > 'a " E G o 0 0 E ° o V ro E a o a °"' .E .E a o o dw ° Z bF •,. wo-, •-, ti 3 FUa, cn O O °on .a o 0..- b •,§ » » ,0 Q 7 O OOO • 7000 IP•I Ha >°,.9. 2a) 0b HV l ' to O U O O a .C o p C •-• Y 0 c`y c 0 q o MA 's w E 0 . o ° EO O 3 a o cE CON a0 � � � � w s C O U N •ci .Y U b C0 co a -O oel CZ' cd E • P0.4 " 0 -, vv a 0 U al .b -O YO .� [p b "b v iy O y 'd O O ^,o ri{{..,�� ur 0q O CA bi) I-1 C YO ° 3 A OO C a) 'J 3 C W a, c,v N E a W c• U o 3 aC s O E u a a a U ° " " 0 w U U a'C.+ .L F „ 0 '.�. U • v EH o ' .b G ° ti ' °° F o `' v «. to E Y .c ,� y cot cy a) w oU U E '� G Z w = a v] ca ti 3 1) ° E 'Si C• Yo u m 3 E , u E X `n `° - .N "., o cd v v •• >, F ur y, 3 1 C U .v) A .3 N cG O 3 a c. > O Y 'L' c) 0 4 ti y ti U p •D bll > cy p U av', a) C U O a) Tho U op N > G. E"4 c.. as c O F -0a W 3v Coo aao. HU 2Q xw a0i 72 o'•'i b Ill a) x V, 'AA Y ✓a) o °.v o .= / no » as » » » » 30.1 Haa0i .Ea w o dc`a0 M -� O O c , OO ~' U ai o (83 in CC w O oO na. 5 7O: ,__,c)k 0 Tl O O ca U It a N v v a) ' ill a oo z a SL6£-9S£ (0L6) ae:j 90b£ Pia 008£-£5£ (0L6) Z£908 opeaojO3 `,CajaaiD c081 XOg Od A.LNno3(11:4M 40 S3DIAx3s 1N3wAO9dhI3 I.. 6- Cr w aaai '° NO O W . ..c >U_> . b V :.. . 'N a) Cq U N J ❑ py w O y N C d N a, O O q bq y ate, �' U U vi p c a) cal ati O ci .rte v o •-. ao a) o �, °) o �, p' w v w v o Z o m 6 aa -0 .5 e ^0 a o f G ti Ft W v .� 5 fa. el q 1 a a v E E a 9 v v 3 C ^O a E m N U ,c6,, W y W t. E ₹N• K' v W E o O tin o w° .y v •,„-11 N ' O 3 ck W y o c Cr 0 .° 0 .d c a o a, c a ri W P a s cU = � . aa)i .c '� o o :ui o .c Fx" 0. a Co E v .Ow° b -O `cd v ov O i .� .a ? o y >, occ. 6 n b w ° U F-, rn > w 1 , 4. — ate) . R o ? no 1x117 -I f7 f7 !l fl i'1 !7 `�° .n WELD COUNTY WELFARE-TO-WORK PY 99 LOCAL PLAN Submitted by: Linda L. Perez, Director Employment Services of Weld County P.O. Box 1805 Greeley, CO 80632 (970) 353-3800 ext. 3363 Fax (970) 356-3975 Email: 1perez@co.weld.co.us 1. Welfare-to-Work Program Description. A. Program Design 1. Describe your local recruiting strategies to reach WtW-eligible individuals (i.e. TANF recipients and non-custodial parents). a. What is your primary source for identifying potential clients (e.g. referrals,word-of-mouth, advertising, etc.)? The Weld County TANF Program Plan(Colorado Works in Weld County) was developed collaboratively between the Weld County Department of Social Services and Employment Services of Weld County and identifies the roles and responsibilities of each agency regarding the TANF Program. Under the plan, Employment Services has the primary responsibility for implementing the work components of the TANF Program, while Social Services retains the functions of completing an initial assessment of the participant and the development of an initial IRC. The initial IRC directs all TANF participants to Employment Services for employment assessments and the further development of their IRC to outline required work activities. This process allows for the Employment Services Welfare to Work Program (WtW) staff to meet with all TANF recipients to discuss the WtW Program and to determine the individual client's WtW eligibility category. Child Support personnel at the Department of Social Services have flyers and brochures developed by WtW staff to assist Child Support technicians in recruiting non-custodial parents for the WtW Program. These tools are designed to encourage non-custodial parents to participate in the WtW Program to either obtain employment or improve their current employment situation. b. What agencies do you receive referrals from? (1) Describe the referral process. At what point are clients referred (e.g. as soon as they are eligible,when they start work,just before they leave TANF, etc.)? Are all of the referred clients WtW-eligible? Which agency keeps the documentation used to establish eligibility? As stated above, all TANF recipients and applicants are referred to Employment Services for employment related assessments and for further development of their IRC to outline their work activity and number of hours for TANF participation. TANF recipients/applicants are given a Welfare to Work Application (Exhibit 1) when they arrive at Employment Services for their appointment with their Employment Services TANF case manager. After this appointment, the TANF client meets with WtW staff to review their application, discuss benefits of the WtW Program, and establish their eligibility (ie. 30%, 70%). Documentation of eligibility is maintained at Employment Services in the individual's WtW file. Non-custodial parents are referred to the WtW Program by Weld County Department of Social Services Child Support Enforcement staff. Employment Services WtW staff developed a referral form (Exhibit 2) which aids in the tracking of referrals and provides for feedback regarding the referral. When an individual is referred to the WtW Program, Child Support staff send the referral form to Employment Services indicating the date of the scheduled appointment and include any pertinent information regarding the individual. After the non-custodial parent meets with the WtW staff, the referral form is annotated with the results of the appointment. (2) Are there other agencies in your area who work with either TANF clients or non-custodial parents? Describe any plans you might have to involve agencies who do not currently refer clients to you. Currently, there are no other agencies in Weld County that work directly with TANF clients or non-custodial parents. Employment Services involves numerous community agencies in a Task Force designed to identify alternatives for hard-to-serve TANF clients who face multiple barriers to employment. WtW staff are involved in these Task Force meetings and community agencies are informed about the WtW Program, services available to eligible clients, and how to refer individuals to the Program. c. If you actively recruit clients, please describe the methods you use (e.g. PSA's, local ads, brochures, etc.). TANF clients are recruited through the process described above. Non-custodial parents are recruited through contacts with the Weld County Department of Social Services Child Support Enforcement Unit. Brochures and flyers have been developed to aid in this recruitment effort (Exhibit 3). Additionally, Employment Services WtW staff have met and continue to meet with the Child Support Unit to improve the referral process. Information has been given to the courts and the Program has received some court ordered referrals. Employment Services will continue to work on improving the referral process for non-custodial parents through discussions with the Child Support Unit and court system. d. What methods do you use to recruit employers? What kinds of employers provide work experience, OJT, or subsidized/unsubsidized employment? Do you provide information regarding tax credit programs? Employment Services recruits employers based on individual client needs and career goals. The Weld County WtW Program is designed to work with TANF clients after they have entered unsubsidized employment and are no longer receiving TANF cash assistance. Based on this design, Employment Services TANF case managers recruit employers based upon the TANF recipient's employment goals and abilities. There have been a variety of employers for the WtW clients. Typically, placements have been in service industries such as Tech Support, Food Service, CNA, and Hotel/Motel services. Employers are provided information regarding tax credit programs and additional WtW training resources. 2. Describe your client flow, starting with intake and eligibility through case management and post-employment/job retention services. TANF recipients and applicants are referred to Employment Services for employment related assessments and for further development of their IRC to outline their work activity and number of hours for TANF participation. Clients are given a Welfare to Work Application(Exhibit 1) when they arrive at Employment Services for their appointment to meet with their Employment Services TANF case manager. After this appointment, the TANF client meets with WtW staff to review their application, discuss benefits of the WtW Program, and establish their eligibility (ie. 30%, 70%). Documentation of eligibility is maintained at Employment Services in the individual's WtW file. The WtW case manager maintains contact with the individual's TANF case managers at both the Department of Social Services and Employment Services throughout their participation in the TANF Program. Once the client is placed in unsubsidized employment, the WtW case manager meets with the individual again to identify potential needs and to reinforce the services available through the WtW Program. The Weld County WtW Program is designed to work with TANF clients after they have entered unsubsidized employment and are no longer receiving TANF cash assistance, therefore, the primary focus of the Weld County WtW Program for TANF clients is on post-employment/job retention services and additional training. If the client does happen to lose their job, the WtW Program will provide services to assist them in locating and obtaining new employment. Non-custodial parents are referred to the WtW Program by Weld County Department of Social Services Child Support Enforcement staff. Employment Services WtW staff meet with the client and develop a plan to assist the individual in either obtaining or upgrading their employment. The WtW case manager continues case management, post employment, and job retention services for the duration of the individual's participation in the WtW Program and until no other services are needed for the individual to remain employed. a. What mix of services do you provide clients? Do you follow a set sequence of services, or are the services dependent upon the needs of the individual client? All services emphasize a"work first" approach and are available after the individual begins unsubsidized or subsidized employment. Work is considered any subsidized or unsubsidized employment activity. The majority of these activities were designed, and strategies developed, under the Colorado Works in Weld County Program. The mix of services are based upon identified needs of the individual client, so therefore, no set sequence of services is established. (1) What services or activities are included as part of job readiness activities? How soon does a newly-enrolled client begin job readiness activities? This activity is primarily provided through an IRC Skill Development Seminar (job readiness and job search) for TANF participants under the Colorado Works in Weld County (TANF) Program. This activity screens and assesses an applicant's or recipient's job readiness. An intensive job search activity is also provided during this seminar. The seminar can last up to four weeks. Upon completion of the seminar, the participant's results are evaluated and used to revise the IRC and identify the appropriate work activity. If a participant is successful in obtaining employment through this activity, they will be eligible for assistance under the WtW Program for post employment and job retention services. Participants who are unsuccessful in retaining employment may return to the IRC Skill Development Seminar prior to placement in another work activity. (2) Do you utilize work experience or community service? How are clients selected for these activities? Do you subsidize these activities (i.e. make up the difference between the TANF grant and minimum wage for hours worked), or are the hours limited to the amount of TANI' grant? How do you establish the number of hours? What kinds of experiences or work settings do you use for these activities? How long do clients remain in work experience or community service? Employment Services may utilize the following activities with individuals. These activities are primarily provided through the Colorado Works in Weld County (TANF) Program while the client is receiving cash assistance and therefore provided through TANF funds. Non-custodial parents are assessed to determine whether they would benefit from participation in these activities and if so their participation would be funded with WtW funds. The types of experiences and work settings are determined by client interests and goals. Generally, work experiences and community service activities are limited to six month durations although these may be extended due to a client's situation and need for additional training. Community Service Programs These include a Public Sector and a Private Sector Work Activity. The hours of participation determined for these activities will conform to the Fair Labor Standards Act. The total dollar amount of the cash assistance received by the participant is divided by minimum wage to determine the number of hours an individual can participate in this activity. (Cash assistance is comprised of the Colorado Works in Weld County assistance and food stamp assistance.) If the number of hours of required participation is more than the minimum wage calculation, Other Cash Assistance (TANF) is paid to compensate the TANF client for the number of hours worked. The Public Sector and Private Sector Work Activities are designed to help the near job ready to enter the world of work, develop occupational skills and good work habits, and assist the participant to obtain permanent unsubsidized employment. Work sites will be in either the public or private sector. Employment Services will enter into agreements with the work site sponsor and the participant. These agreements will outline the work activity, expectations of the work site sponsor and the participant, and the length of the agreement. Optional training is available under the Public and Private Sector Work Activity Agreements. The work site sponsor will provide job specific training necessary for the participant to retain or obtain employment. A training plan will be developed for the participant and will include the training criteria, methods by which the training outcomes will be measured, the duration of the training, and other associated costs. This training may be provided directly by the work site or through contracts with training providers. To ensure that the job specific training meets the local demand of employers, the training plans and training providers will be reviewed and approved by the Workforce Development Board. Work Supplementation Program Job creation through private sector employment wage subsidies will primarily be through the Work Supplementation Program. Work Supplementation is a private sector employment program specifically designed for recipients of the Colorado Works in Weld County Program and includes both employment and instructional training. The employer must provide a minimum of three months of unsubsidized, continuous full time employment and provide the participant with wages and benefits that are comparable to other employees doing comparable work, and provide liability and worker's compensation. The employer will provide the following: 0. a forty-hour work week for the participant that provides for a combination of work and education hours. 0. training to the participant in job specific skills and mentoring of the participant in work ethics and employment retention skills for either continued employment with the employer or for employment with another employer. ▪ reinforce employer basic skills competencies with the participant through use of Employment Services prescribed performance evaluation and/or counseling forms. 0. determine if the training will be provided directly by the employer or through contracts with training providers. Employment Services will reimburse the employer a monthly work supplementation fee up to a maximum of 50% of the participants's gross salary for the month. The employer may also be reimbursed for additional training costs expended on behalf of the participant. (3) Do you utilize on-the-job training (OJT) or subsidized employment? How are clients selected? What factors do you use to determine which is used? What kinds of employers provide OJT or subsidized employment? How long does a client remain in these activities before they transition to unsubsidized employment? On-the-job training is designed to teach and/or improve skills of the participant on the job. Employers must adhere to the "hire first" philosophy, and provide training to the participant during the contract period. If an individual needs additional classroom training, beyond the employer training, the cost of tuition and books will be included as reimbursable costs to the employer from the WtW Program or other local resources. There are no set employers established to provide OJT or subsidized employment situations for clients. Employers are recruited based upon client career objectives. The duration that the employer will be reimbursed for the training costs are calculated by determining the amount of time recommended by the Dictionary of Occupational Titles (DOT) for a specific job title and reducing this time by any previous related education or work experience the participant may possess. On-the-Job Training contracts will not exceed 6 months. Employers will be reimbursed 50% of the participant's gross salary on a monthly basis. (4) Do you provide basic or occupational skills training as a post- employment activity? How is training coordinated with work activities? Basic Skills and Occupational Skills training are available to all WtW participants in need of those services. This training is available as a post- employment activity. The WtW Program provides for the payment of tuition, books, fees, and any other costs directly associated with the training. Participants access services during non work hours through the local community college, community based organizations, or Employment Services of Weld County. (5) What post-employment supportive services or job retention services do you provide? Have you established any parameters governing the length of time a client can receive these services? Post-employment services are provided after an individual is placed in one of the employment activities discussed previously, or in any other subsidized or unsubsidized job. Post-employment services include the following: D• Basic educational skills training and occupational skills training • Upgrade from part time to full time employment • English as a Second Language training • Job Mentoring and Coaching • A Job Solutions Seminar designed for individuals in unsubsidized employment to provide them the opportunity to discuss any issues related to their working environment and identify options available to solve problems rather than quitting. A Job Retention Package is provided to participants as an incentive to retain employment and help cover initial costs of entering unsubsidized employment. This package includes vouchers to assist with transportation, work clothes, tools, and personal items such as haircuts, etc. Job retention and supportive services are provided through WtW funds if these services are not otherwise available to the participant through the TANF Program. Services include, but are not limited to, transportation assistance; substance abuse treatment, except for medical treatment; child care assistance; emergency or short term housing assistance; or other supportive services needs as identified. A focus is made on providing the individual with the job retention component which includes workshops that address employment retention skill development, employment mediation or job coaching. Services are provided to participants for as long as they are in need of such assistance and funds are available in the WtW Program. Other Activities Intake, assessment, eligibility determination, development of an individual service strategy, and case management are incorporated in the design of the allowable activities listed in this section. b. How do WtW services fit with services provided by other programs? Are clients ever co-enrolled in other programs? How do you determine which program will pay for what? Employment Services of Weld County operates a variety of employment and training programs. These include the Job Training Partnership Act Adult, Youth, and Dislocated Worker Programs,the Employment First Food Stamp Job Search Program, the Weld County TANF Program, Youth Crime Prevention and Intervention Program, and the Weld County AmeriCorps Program. Weld County's WtW activities were designed to compliment the TANF Program specifically, but they also fit into other program delivery. WtW participants may be co-enrolled in other employment and training programs dependent upon client need and desire. Since all programs are located in the Weld County Workforce Center, determination of program cost sharing is simplified. If clients are co-enrolled, determination of which program will pay the costs for activities is driven by fund availability as well as which would most benefit the client. 3. Methods of service delivery. a. Does your region contract out for any WtW services? If yes,which services? Employment Services does not contract out any WtW services. b. If you contract out for services, please describe the process used to select vendors. Not Applicable. 4. What local policies and procedures have you developed? Employment Services has established policies and procedures regarding numerous aspects of the WtW Program. Policies and procedures for work activities such as OJT, Work Supplementation, and the Public and Private Work activities were developed under the TANF Program and the WtW Program utilizes the same processes. Policies were also developed for the Job Retention Packages and apply to both the TANF Program and the WtW Program. a. How do you determine whether a supportive service such as transportation or day care is not otherwise available from another source? The Weld County WtW Program is designed to work with TANF clients after they have entered unsubsidized employment and are no longer receiving TANF cash assistance. Generally, supportive services other than child care, are not provided to clients through the TANF Program after the individual is off basic cash assistance. Determination of what program can provide supportive services to clients is simplified in Weld County as Employment Services operates the TANF Program as well as other employment and training programs. b. Have you set any time limits on how long a particular service can be provided? The Job Retention Package is targeted for six months. All other services have not been time limited. Employment Services provides services to clients for as long as they are enrolled in the WtW Program and in need of services. c. List any additional "characteristics indicative of long-term welfare dependency" (30% category eligibility) you may have adopted. Please include: (1) Any definitions you may have developed for the characteristics identified in the State plan (i.e. disabilities (physical, cognitive, learning, etc.), mental health issues, substance abuse, felony conviction, history of domestic violence, teen parent/pregnancy, repetitive generations of the family receiving cash assistance, limited English, and non-custodial fathers with multiple families)? Employment Services has not developed any further definitions for the characteristics identified in the State Plan. Weld County feels that to further define these characteristics would limit the potential for client inclusion. (2) Any additional dependency characteristics you have identified which are unique to your region. Employment Services has identified the following additional dependency characteristics indicative of long term welfare dependency for the 30% eligibility category: ✓ Age of the client at their first pregnancy (teen pregnancy) / Chronic illness of children which limits client's ability to work ✓ Social environment of the client(ie. family and friends who are not supportive of the client getting off of TANF assistance) ✓ Clients who live in rural areas where there are limited transportation and daycare resources which may result in client job loss (3) Any dependency characteristics which take into consideration characteristics held by family members if it can be shown that they affect the participant's ability to obtain or retain employment. Employment Services has identified an additional dependency characteristic of the family and social environment of the client. This would include situations of family and friends not being supportive of the client going to work and becoming self sufficient. 4. List the performance goals that you intend to achieve in serving the eligible participants in the WtW program for each of the following factors: The following indicates the performance goals and outcomes intended for participants in the Weld County WtW Program. Job Entry Rate Basic Rate (1st time employment, all types of employment) (# participants entering 1st time employment/total participants) Employment Services anticipates that at the end of the first year of the Program, 35% of the clients served will be placed in employment. At the end of the second year of the Program, Employment Services anticipates this to increase to 50%. 30+ Hour Rate (30+ hrs/wk for the first time, new jobs or increased hours ) (# participants working 30+ hrs/wk for the 1st time/total participants) Employment Services anticipates that at the end of the first year of the Program, 45%of the clients served will be placed in employment for 30 or more hours per week. At the end of the second year of the Program, Employment Services anticipates this to decrease to 30%. Job Retention Rate Continued employment at 6 months (unsubsidized) (# still employed/# placed in unsubsidized employment) Employment Services anticipates that at the six month mark of the Program, 25% of the clients served will have been placed in and will be maintaining unsubsidized employment. Earnings Gain Rate Increase in earnings of participants employed at 6 months (unsubsidized) ([Total $ earned 2nd qtr-Total $ earned 1st qtr]/Total $ earned 1st qtr) It is anticipated that individuals will see a 15% increase in earnings at the 6 month mark. This estimate is for unsubsidized placements only. After 12 months, it is anticipated that individuals will see a 25% increase in wages from when they first entered into their job placement. 5. Describe the respective roles and responsibilities of your agency and the county social service agency/agencies in your region. Include a copy of the interagency referral and coordination procedures developed with county social services, and how these procedures will ensure that: a. TANF assessment results and IRCs will be provided by the local TANF agency on all clients referred to the WtW operating entity for services; An initial eligibility and employability assessment will be completed by the Department of Social Services. An IRC will be initiated and the Social Service staff will explain verbally and in writing the Colorado Works in Weld County Program provisions, participant responsibilities and participant rights. They may also provide information regarding the WtW Program. An appointment is scheduled with Employment Services and the initial IRC is provided to Employment Services. Employment Services will complete an employment assessment and revise the IRC to outline required work or employment activities. Employment Services will determine if enrollment into the WtW Program is appropriate. b. To the fullest extent possible, both agencies will participate in joint case management; Employment Services and Social Services will participate in joint case management. c. Additional information building upon the initial assessment and IRC will be added as appropriate; Once the Department of Social Services completes the initial assessment and IRC, Employment Services will continue the assessment and IRC process. Copies of the updated IRC are provided to the Department of Social Services. d. Client confidentiality will be safeguarded; and, Client confidentiality will be safeguarded. Access to either Social Services data or Employment Services data is limited on a need to know basis. e. The cost of and responsibility for providing automated support will be specified. Employment Services will be responsible for limited data entry into the Department of Social Services' CACTIS system and these costs will be covered by WtW funding. The Department of Social Services covers their costs for data entry. At this point, no additional costs have been identified for automated support. 6. Describe your procedures for conducting monitoring and oversight of workforce development regions within your SDA (if applicable) and contractors to ensure adequate fiscal controls and achievement of quality program outcomes for WtW participants. Include the following: a. Mechanisms for monitoring expenditures, allowable activities, and serving eligible participants; Employment Services has an approved cost allocation plan to monitor expenditures. Quarterly fiscal reviews will occur by the Director. The fiscal department will monitor and evaluate Program payroll and invoicing procedures at least annually. External contracts and agreements will be monitored quarterly. Procurement process to ensure compliance with County and CDLE Procurement policy will occur annually. A second reviewer will review all files to verify that the individuals meet the eligibility requirements. Supervisors will monitor 10% of the active caseload on a monthly basis. The evaluation will include a review of eligibility and all supporting documents; the IRC, Program activities, accurate data entry into the Management Information System; and counselor notes to ensure adequate communication is occurring. Performance standards will be monitored monthly by the Director and Supervisors to evaluate planned versus actual enrollment, placement, etc. Corrective actions or adjustments will occur immediately. . b. Frequency of monitoring; and, As described above, frequency of the monitoring will vary depending upon the area. c. Use of technical assistance to ensure compliance with the Act and as a tool for corrective action and program improvement. Technical assistance will be requested as appropriate. 7. Describe your strategies to prevent duplication of services and promote coordination among WtW, TANF,JTPA, one-stop centers/employment service and other employment and training systems within your region. Such efforts may involve employers, labor organizations, business and trade associations, secondary and post-secondary educational institutions, housing agencies, community development organizations, transportation agencies, community-based and faith-based organizations, colleges, and any other entities that provide assistance needed by the targeted population. As a single county one-stop center which operates TANF, JTPA and the employment and training systems in the SDA, strategies have been implemented which prevent duplication of services and promotes coordination. Coordination with other entities providing assistance needed by the target population is coordinated by the case managers. Beginning in July, 1998, Employment Services expanded its staff development to include presentations by community agencies. Not only do both agencies benefit by this exchange of information, but use this time to jointly discuss how our agencies can work together. WtW and welfare reform focus groups have been a successful avenue of promoting and fostering coordination with many of the entities that provide assistance. To further this effort, the staffing concept will continue to be used to bring in other community entities and employers to help identify strategies for many of the hard to employ or other target groups as appropriate. Copies of the agreement for the One-Stop Center/Employment Services is on file with the Colorado Department of Labor and Employment. The Board of Weld County Commissioners has delegated Employment Services of Weld County as the primary vehicle for the employment and training components in coordination with the Department of Social Services. A written coordination agreement between two county departments was not necessary. B. Regional Coordination - Rural SDA only Describe how you will coordinate activities and involve the local workforce development boards within your region and encourage local input, planning and service delivery. Not Applicable. C. Within State Distribution of Funds - Rural SDA only Describe the formula factors you will use to allocate funds to your workforce development regions. Not Applicable. D. Coordination and Consultation Describe how you obtained input from, and coordinated your planning process with, local entities such as public, private and non-profit organizations. Include either a summary description of the comments received, along with the names of the individuals or entities that commented, or include copies of the actual comments received as an attachment to the plan. Employment Services, Social Services, and the Weld County Workforce Development Board have been actively involved in the development and refinement of the program delivery for the Colorado Works in Weld County Program. The Workforce Development Board is currently conducting focus groups which emphasize the most hard to employ TANF recipients to help design, implement and evaluate programs and services. The focus groups expand input into the system by including other community agencies and education/training providers, such as mental health providers, the Community Center for Independent Living, Community Developmental Services, Inc., Social Security Administration representatives, medical doctors, Island Grove Treatment Center, Teen Network, etc. Other community members/groups will be invited to participate as specific situations are identified and input from these groups is needed. The focus groups utilize brain storming sessions primarily for those hard to employ cases who have significant barriers to employment and meet the 70% requirements. II. Expenditure of Funds A. Describe your strategies to ensure that at least 70% of your funds will be expended on hard-to-employ clients. Employment Services of Weld County has an accounting system which will track expenditures for each individual participant. The hard to employ participants will be identified separately from the long-term dependency target population. A cost allocation system will be used to allocate the supported employment component, other projects which may benefit both target groups, staff and associated costs. B. Project your quarterly expenditures of WtW formula grant funds dollar amount. Break out your anticipated costs for administration and allowable activities, and any planned uses of JTPA funds to serve WtW eligible clients. Quarter 9/38/00 06/30/00 09/30100 1251/00 01/31/01 03/31101 06/30/01 09130/01 12/21/01 03/31/02 Total Administration 1094 1094 1093 1093 5833 5833 5834 7291 7291 7291 43747 Allowable Activities 70%Participants 5013 5012 5012 5012 26733 26733 26733 33415 33415 33416 200494 30%Panlcipants 2148 2148 2148 2149 11457 11457 11458 14320 14320 14321 85926 Total 0255 8254 8253 8254 44023 44023 44025 55026 55026 55028 330167 C. Describe how the you will coordinate the expenditure of any funds provided for the WtW program between TANF and WtW, and ensure that no WtW funds are expended for TANF recipients without consideration of the TANF assessment and IRC. The Employment Services case manager will be responsible to ensure that no WtW funds are expended for TANF recipients without consideration of the TANF assessment and IRC. The Employment Service's case manager will coordinate additional services and needs with the Social Services case manager. D. Complete the attached Budget Information Summary (BIS). III. Estimate of Matching Funds While local match is not required,please complete this section if you anticipate spending any non-federal funds on WtW, or are aware of any agencies in your area who anticipate serving WtW-eligible clients with non-federal funds. A. Include an estimate of the amount of any non-federal funds (e.g. county funds, foundation grants, private donations), if any, that will be expended on allowable activities for WtW-eligible participants which might qualify as match. Employment Services has not determined an estimated amount of in-kind funds which may be generated during the implementation of the WtW Program. As potential in- kind amounts become available, Employment Services will document the amount and source and forward this information to the Colorado Department of Labor and Employment. B. Include an estimate of the dollar amount of allowable activities provided in your region through partner agencies or employers for WtW-eligible participants and that might qualify as in-kind match. Please identify the agency and provide the name and phone number of a contact person. Employment Services has not determined an estimated amount of in-kind funds which may be generated during the implementation of the WtW Program. As potential in- kind amounts become available, Employment Services will document the amount and source and forward this information to the Colorado Department of Labor and Employment. IV. Assurances: See Attachment A. V. Signatures: SDA Director(Type and Sign Nam . ../ /) Date Signed Linda L. Perez ( t Zell& October 21, 1999 LEO (Type and Sign Name) \ Date Signed Dale K. Hall \ 775:41 October 25, 1999 PIC Chair (Type and Sign Name Date Signed Sue Bjorland �� October 21, 1999 Attachment A PROGRAM ASSURANCES The (Name of SDA) assures to the following requirements under Title IV-A of the Social Security Act. PROGRAM ADMINISTRATION/ACTIVITIES 1. The SDA/PIC has consulted and coordinated with the appropriate local entities in the areas regarding the plan and the design of WtW services in the region. 2. The SDA/PIC shall not use any part of these grant funds, nor any part of state expenditures made to match the funds, to fulfill any obligation of any State, political subdivision, or private industry council to contribute funds under sections 403(b) or 418 or any other provision of the Social Security Act or other Federal law. 3. The SDA/PIC will return to CDLE any part of the WtW funds that are not expended within 3 years after the date the funds are so provided. 4. The SDA/PIC WtW Program will be conducted in accordance with the WtW legislation, regulatory provisions, future written guidance provided by CDLE, and all other applicable Federal, State and local laws. 5. The SDA/PIC will apply the TANF law and regulations to the operation of the WtW Program, unless otherwise specified by CDLE or defined in Section 403(a)(5) or the applicable WtW regulations. 6. The SDA/PIC assures that services under the WtW grant are provided to eligible participants only. 7. The SDA/PIC will maintain and submit accurate, complete and timely participant and financial records reports, as specified by the Colorado Departments of Labor and Employment and Human Services. 8. The SDA/PIC will establish a mechanism to exchange information and coordinate the WtW Program with other programs available that will assist in providing welfare recipients employment. 9. The SDA/PIC will comply with the uniform fiscal and administrative requirements of OMB Circular A-102 as codified for DOL at 29 CFR Part 97. 10. The SDA/PIC will follow the audit requirements of The Single Audit Act of 1984 and OMB-Circular A-133. 11. The SDA/PIC will follow the allowable cost/cost principles of OMB Circular A-87. WORKER PROTECTIONS 1. The SDA/PIC assures that workers will not be displaced as a result of work activities under a program operated with funds provided under WtW. 2. The SDA/PIC assures that the Health and Safety standards established under Federal and State law otherwise applicable to working conditions of employees shall be equally applicable to working conditions of other participants engaged in a work activity under a program operated with funds provided under WtW. 3. The SDA/PIC will enforce the provision that an individual may not be discriminated against by reason of gender with respect to participation in work activities under a program operated with funds provided under WtW. 4. The SDA/PIC shall establish and enforce standards and procedures to ensure against fraud and abuse, including standards and procedures against nepotism, conflicts of interest among individuals responsible for the administration and supervision of the State WtW Program, kickbacks, and the use of political patronage. 5. The SDA/PIC will comply with the nondiscrimination provisions of the laws enumerated at Section 408(d), with respect to participation in work activities engaged in under the WtW Program. SDA Director (Type and Sign Name) Linda L. Perez, Director 21 11 , 1.1 6 f LEO (Type and Sign Name) z,' Dale K. Hall PIC Chair (Type and Sign Name)(`r.a Sue Bjorland, Chair Date Signed: October 21, 1999 BUDGET INFORMATION SUMMARY (BIS) Welfare To Work (85%, and 15%) Funds 0 Original ❑ Modification# Subgrantee: Employment Services of Weld County Title of Funds: WtW Project: Welfare to Work Year of Funds: FY 99 Reference Code: Vax ER#: Current Period of Performance: From January 1, 2000 To September 28, 2002 Revised Period of Performance: From To Current Changes Revised Cost Category Budget In (+) / Out (-) Budget Administration (not to exceed $43.747.00 $43,747.00 13.25% 13.25% of total WtW funds) Program $286.420.46 $286,420.46 86.75% TOTAL $330,1'67.46 $330,167.46 100% E.xhl u ( t 1 Application for Welfare-To-Work Program 1. Social Security Number 2. Last Name First Name MI 4. Cit 5. State 6. Zip 3. Mailing Address y 7. Telephone 8. Message Phone 9. Date of Birth Age 10. Are you? ( I Male ( 1 Female 18. Are you a Non-Custodial Parent with multiple families? Y N� 11. Selective Service Registrant ( 1 Yes ( ) No If yes, have more than one of those families (If male. 18 or older, and born after December 31, 1959) received or are currently receiving TANF assistance? Y -- N� If "YES", ;kio A20 THRU 124. 12. Citizen Status: ( 1 1. U.S. Citizen I 1 2. Registered Alien Are you a Non-Clistodie] Parent, anc{ the Custodial ( I 3. Ot Parent is receiving TANF? '1 — II ( 1 4. Othheree her Legal Alien � I 1 5. Other 13. Ethnic Group: 1. White (not Hispanic) 19. TANF ASSISTANCE: TANF Case I (Choose ONE) 2. Black or African American COMPLETE THE FOLLOWING: 3. Hispanic or Latino (NOTE: If you answered "Yes" on Ale above, 4. American Indian or Alaska Native complete the following questions for your 5. Aacif qualifying childs family.) 9. Pacific !slander Receiving? N 14. Family Status: 20. TANF Y ~- ( 1 1. Parent in a one parent family 21. long term TANF (+30 mths) Y -- N_ ( 1 2. Parent in a two parent family 22. will become ineligible tor TANF within — 12 months? Y 11 Number of family members (including self) OR Are you no longer receiving TANF because you have 15. Are you a pregnant or parenting teen? Y ^ N_ reached Federal or State imposed time limits? Y .R_ N_ 23. Have any prior generations of your family received 16. Do you have a High school diploma or GED3 cash assistance? Y _ N, Y _ N 24. Have you ever been arrested or convicted of N a Felony? 17. EMPLOYMENT: Have you worked full-time in unsubsidized Employment for more than 13 consecutive weeks in the 25. Do you require substance abuse treatment Past 12 calendar months? Y _ N for employment? Y N 26. Do you have a mental health barrier? Y _..-_ N, 27. Do you have a history of domestic violence? Y N! 28. Do you have a disability which is a barrier to emp.? 29. Do you have limited English language proficiency? i 30. Follow-up Contact (This should get be someone with whom participant is living.) Telephone Name (Last, First,.MI) Mailing Address City State Zip I certify that the information contained in this application is true to the best of my knowledge. I am aware that this information is subject to review and verification, and that I may be required to provide documentation in its support. I am also aware that I am subject to immediate termination from the program if I am found ineligible after enrollment and may be prosecuted for fraud and/or perjury if the information I have provided is false. I authorize the release of information contained in this application for use in verifying my eligibility for the WtW program; however, I understand that the information will not be released for any other purpose. about I am aware that I may be contacted by telephone or mail after leaving the program and asked survey questions my employment status and earnings since leaving the program. I am aware that my answers to these questions will remain strictly confidential, and will not affect any other benefits which I may be receiving. Applicant's Intake/Counselors Signature Signature Date 31. Date FOR OFFICE USE ONLY: 32. Tested Reading Grade Level_ _ 33. Tested Math Grade Level 30% 34. Determined Eligible for: 70% III 35. ' Category of Eligibility: I II 36. Date of Documented Eligibility Determination: 37. Counselor Code (ICN) 38. County of Residence (COR) 39. Office Project Code (PRA) • 40. Agency Referred from: __ ._ . _ ., ' /hill Exhibit 1 QUESTION GUIDE FOR THE WELFARE TO WORK APPLICATION #11. Selective service registrant- If you are female the answer to this question is no. Males are required to register for the draft when they turn 18 years old. #17. Unsubsidized employment is when the employer is paying all of your wages. Jobs that you would get at Monforts, Stanek, Walmart, etc. are unsubsidized. Work experience through the TANF program is subsidized. 418. A non-custodial parent has children living with someone other than them. If your child lives with their other parent then you are a non-custodial parent. 419-22. You may not know the answers to these questions. It is okay to leave them blank if you need to. #23. Have your parents or grandparents ever received welfare assistance? #24-29. Please answer these questions honestly. This information is kept confidential and may help you when applying for the program. #30. Please be sure to give us the name of a friend or a relative who is not living with you. Also, please be sure to sign and date the application. If you need assistance have any other questions about this application please ask your TANF case manager or the Welfare to Work case manager. Exhibit 2 EMPLOYMENT SERVICES OF WELD COUNTY Welfare to Work Referral Information for Non-Custodial Parent Non-Custodial Parents Name • SS # Telephone/Message Number Custodial Parents Name SS # Is the custodial parent currently receiving TANF? Yes No Child Support Technician's Name and extension For appointments please contact Laurie Speck ext. 3406 Appointment Date and Time Child Support Technician Comments: WtW Case Manager Comments:_ Hello