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Home My WebLink About971290.tiffRESOLUTION RE: APPROVE INTERGOVERNMENTAL CONTRACT FOR ONE -STOP CAREER CENTER WITH COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT 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 an Intergovernmental Contract for a One -Stop Career Center between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Colorado Department of Labor and Employment, commencing July 1, 1997, and ending June 30, 1998, 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 Intergovernmental Contract for a One -Stop Career Center 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 9th day of July, A.D., 1997. BY' Deputy Jerk to the Boar APPROVED AS TO FORM: y Attorne BOARD OF COUNTY COMMISSIONERS WELL}jCOUNTY, COJ.oRADO /l1li�,r Geofgg E. Baxter, Chair (AYE) Constance L. Harbert, Pro-Tem EXCUSED Dale K. Hall EXCUSED DATE OF SIGNING (AYE) Barbara J. Kirkmey r 9 2,22 A _ (0 W. H. Webster 971290 HR0068 Department or Agency No.: KM Contract RoutingNo.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. This INTERGOVERNMENTAL CONTRACT is made this 30TH day of JUNE, 1997, by and between: THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY 915 10th Street P. O. Box 758 Greeley, Colorado 80632 (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, the State has historically and successfully provided federal employment services through state agencies and federal training and public welfare programs through local agencies; WHEREAS, the federal government has recognized, through a series of planning and implementation grants, the initiative and efforts of Colorado to improve the delivery of employment and training programs; WHEREAS, the Governor, through Executive Order D 0003 97, has directed all Colorado governmental agencies administering federal employment and training programs at both the state and county level to integrate the delivery of all employment and training services into a statewide network of "One -Stop Career Centers"; WHEREAS, as to the State, 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 Code 100, Organizational Unit Code 5230, Appropriation Code 309, Function Code 7500, Program Code 1100, and Grant Budget Line Code 5307, under Contract Encumbrance number C9801121• Page 1 of 33 971290 Department or Agency No.. KAA Contract RoutingNo.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. WHEREAS, the State of Colorado has been divided into eighteen regions for the purposes of implementing the One Stop Career Center initiative; WHEREAS, the Contractor has submitted a work force development plan for the Weld County region; WHEREAS, the Contractor's work force development plan for that region has been approved; WHEREAS, the Contractor is now authorized by the State to implement One -Stop Career Centers in that region pursuant to its approved work force development plan; WHEREAS, the State has applied for all federal waivers which may be required to fully implement One -Stop Career Centers in the Contractor's region; and, WHEREAS, all required approvals, clearances and coordination have been accomplished from and with all appropriate agencies. NOW THEREFORE, the parties hereto agree to the following covenants, obligations, and promises. A. EFFECTIVE DATE AND TERM. The effective date of this Contract is July 1. 1997. and shall continue until June 30.2000 unless terminated by either party under the terms and conditions of this Contract. Although this Contract is established and funded on the State's Fiscal Year - July 1 through June 30 - annual reviews and funding cycles for specific programs may differ in accordance with federal requirements. This Contract is specifically contingent on annually approved Workforce Development Plans (WDP) in accordance with paragraph GI of this Contract, and on the availability of continued federal and state funding as specified in paragraphs G2, G3, J12, J13, and K2 of this Contract. B. PRIORITY OF DOCUMENTS. The terms, provisions, and conditions of this Contract shall always supersede, manage, and control those of any exhibit or attachment. Page 2 of 33 971290 Department or Agency No.: KAA Contract RoutingNo.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. C. DEFINITIONS. For the purposes of this Contract the terms or words listed below shall have the following definitions: "Contractor" is defined to mean: the county entering into this Contract on behalf of a region. 2. "One -Stop Career Center" is defined to mean: a central office within a region which provides integrated employment and training services to the residents of that region. This central office may be operated in conjunction with satellite offices and electronic linkages in that same region. 3. "Region" is defined to mean: a county or counties designated by the Governor to constitute a region and charged with the planning of local workforce development activities to ensure the provision of employment and training services for local residents within that region. "State" is defined to mean: the Colorado Department of Labor and Employment. 5. "State Workforce Coordinating Council" is defined to mean: a state -level council, appointed by the Governor, that provides planning and policy guidance on state workforce development issues. "Workforce Development Board" is defined to mean: a regional board, approved by the Governor, that is responsible for workforce development activities within a region. 7. "Workforce Development Plan" (or the "plan") is defined to mean: an annual plan developed by a Workforce Development Board that: describes local workforce development issues in a given region; details how employment and training services will be provided to address those issues; meets state planning and performance requirements; meets federal planning requirements; and includes a Cost Allocation Plan (CAP) that defines the allocation of costs at the One -Stop Career Center(s) in that region. Page 3 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. D. ROLES AND RESPONSIBILITIES OF THE STATE. The State shall: In coordination with the State Workforce Coordinating Council (SWCC), establish minimum performance criteria in the following four categories: (1) customer satisfaction for job -seekers and employers; (2) customer outcomes; (3) market growth and penetration; and, (4) the cost-effectiveness of the delivery of services. The State is responsible for conducting evaluations based on those performance standards; B. Establish annual planning guidelines, including "statement of work" requirements, and disseminate these items to a region along with the estimated annual budget allocation for the coming program year for that region on or before January 1 of each year; C. Review an annual plan submitted by a region which has first been submitted to the SWCC for policy review. After the SWCC's review of the plan, the SWCC must submit the plan, with its recommendations for approval or disapproval, to the State for policy and regulatory review. After the State's review of the plan, the State will simultaneously submit the plan, with its recommendations for approval or disapproval, to the governor for final approval and, its recommendations to the SWCC: D. Allocate funds for the administration and service delivery to a region after final approval of an annual plan and execution and approval of the implementing contract for that region; E. Monitor regional activities and performance for compliance with all applicable federal and state requirements; F. Provide technical assistance to a region, including training recommendations, upon request or, on an as -needed basis; and, Page 4 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. H. Provide and maintain an automated computer system as set forth under State responsibilities in "Exhibit A, State/Contractor Automation Requirements". L DUTIES AND OBLIGATIONS OF THE CONTRACTOR 1. The Contractor shall: Serve as fiscal agent and administrative entity for a region's One -Stop Career Center and, be fiscally responsible for the expenditure and use of all One -Stop funds within that region; B. Coordinate and ensure the appointment of members of a Regional Workforce Development Board (RWDB); C. In conjunction with the RWDB: select the location or locations of the One -Stop Career Center(s); determine whether additional methods of service delivery (e.g. satellite offices, kiosks) are necessary; and, operate the regional system in accordance with all applicable federal and state laws; Prepare and submit to the State by April 1 of each year a Workforce Development Plan (WDP) for the next ensuing fiscal year (July 1 through June 30) in accordance with planning guidelines provided by the State. E. Obtain required reviews and approvals of a region's annual plan prior to its submission to the State: Develop, in conjunction with the RWDB, a regional plan, that incorporates applicable policy guidance for preparation of the plan; Submit the regional plan to the SWCC for review and comment; Page 5 of 33 971290 Department or Agency No KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. F. Ensure that a region is in compliance with the terms and conditions of this Contract and an approved plan, written State policies governing operation of the One -Stop Career Centers and, all other applicable federal and state requirements; G. Meet additional regional performance standards set by the RWDB and develop and offer additional services, either at no charge or for a reasonable fee -for -service, to supplement those mandatory services required under the terms of this Contract; H. Conform to policy guidance for the efficient and effective operation of the One -Stop Career Center(s) set by the RWDB, and permit performance monitoring of daily activities by the RWDB to supplement and enhance State monitoring activities; I. Coordinate services with regional School -to -Career and welfare reform activities, and any other employment and training programs deemed appropriate for inclusion by the RWDB, to the fullest extent practicable; J. Ensure that services are accessible to persons with disabilities, and take into consideration factors such as, location, availability of public transportation to and from center locations, appropriate methods of service delivery, etc.; and, K. Ensure that a full range of services is available for special populations such as youth, migrant and seasonal farm workers, veterans, persons with disabilities, older workers. non-English speaking workers, and minorities. 2. CORE SERVICES. "Core services" are the minimum level of services that a Contractor must provide free of charge to all customers seeking services through the One -Stop system in a region. As such, this set of core services must be available to both job -seekers and employers at each One -Stop Career Center in a region as detailed and described in written policies established by the State. Page 6 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 3. FEE -BASED SERVICES. The Contractor is encouraged to expand beyond the minimum core services and develop customized services based on the unique needs and opportunities of a given region. Additional services may be provided through the mobilization and creative use of existing resources or, through fee -for -service approaches. Such fee -for - service arrangements shall be subject to the constraints or restrictions contained in this Contract, or prescribed by all applicable federal or state requirements. 4. PERFORMANCE STANDARDS. The Contractor shall comply with minimum performance criteria established by the State. Upon request by the State, the Contractor shall provide such data as the State may request for purposes of evaluating the Contractor's compliance with minimum performance requirements. Each RWDB has the discretion to add additional local standards to the State's minimum performance standards which local standards are not inconsistent with federal or state law, this Contract or written policies established by the State. The Contractor shall perform any necessary data collection and evaluation for such additional local standards. 5. INCENTIVES. The State reserves the right to implement performance -based budgeting, whereby a portion of the State's discretionary monies are held at the State level and disseminated to a region if, and only if, performance criteria for the One -Stop Career Center(s) in that region have been exceeded. 6. SANCTIONS. If the Contractor fails to substantially comply with the terms and conditions of this Contract in the operation of the One -Stop Career Center(s), or otherwise commits a material breach of this Contract, then the State may exercise the remedies specified in paragraph J11 of this Contract. 7. CUSTOMER APPEAL PROCESS. For each program covered by this Contract, the Contractor shall comply with all applicable federal and state laws, regulations, and policies governing the customer grievance and appeals processes. 8. REPORTING REQUIREMENTS. The Contractor shall meet all applicable federal and state reporting requirements for each of the constituent employment and training programs provided through the One -Stop Career Center(s) located within a region. Page 7 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 9. LIMITATION ON SUBCONTRACTING. All services or programs required to be provided by the Contractor under the terms of this Contract shall not be subcontracted by the Contractor. RWDB or center operator without the prior, express written approval of the State. F. AUTOMATION . The Contractor shall adhere to the minimum automation standards set forth in "Exhibit A, State/Contractor Automation Requirements". G. FISCAL MATTERS COST ALLOCATION. The Contractor's plan shall be reviewed by the State to determine compliance with all applicable federal and state requirements. The negotiation, approval, and funding of those aspects of the plan performed under this Contract shall be completed by June 30 of that same year and shall be incorporated into this Contract through execution of a letter, substantially in the form as the model plan approval letter at "Exhibit B", that will be signed by both parties and sets the maximum State financial liability for performance during the next plan year. The State's letter approving the plan and authorizing the Contractor's performance consistent with that plan shall not be valid until it shall have been approved by the State Controller or such assistant as he may designate. Upon approval, the Contractor will perform in accordance with the approved plan for the next fiscal year. Apart from the Contract extension and plan approval procedure described in this subparagraph, all other changes to the Contract terms and conditions shall be by Contract Amendment processed and approved in accordance with state law. 2. REDUCTIONS IN FUNDING. If reductions in federal and/or state funding occur, then the total amount of funding allocated to the entire One -Stop Career Center system shall be reduced by the amount of the reduction. This reduced funding amount shall then be allocated throughout the entire One -Stop Career Center system using the original funding allocation formula for the particular affected program. Page 8 of 33 971290 Department or Agency No.: KAA Contract RoutingNo.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 3. REINVESTMENT OF EXCESS MONIES. Monies received from fee -for -service activities in excess of the actual cost of providing the service(s) shall be reinvested in the operations and services of the One -Stop Career Center(s). 4. BILLING PROCESS. The One -Stop Career Center(s) in a region may submit requests for reimbursement of expenses incurred to the State on a weekly basis. Requests for reimbursement shall define the amount requested by funding source. In addition, the cost category, where applicable, shall be defined. If approved, the State shall release the funds to the Contractor within five (5) working days after approval of the request. H STATE -PROVIDED RESOURCES. STATE PERSONAL PROPERTY. State fixed assets used in the delivery of services to the citizens of the State of Colorado at local job service centers shall be available to the Contractor in a region upon the transition of the job service center(s) to a One -Stop Career Center. All assets transferred from the State to a region shall be documented by tag number. Receipt of these assets shall be acknowledged in writing by representatives of the Contractor and the State. If the Contractor in a region elects to use personal property still under lease between the State and a third party vendor, then the State reserves the right to deduct such charges from payments due to the Contractor and pay those lease payments directly to the third party vendor. 2. STATE REAL PROPERTY LEASES. During the performance of this Contract, the Contractor shall use former State job service centers as a principal office or a satellite office for that region for the balance of the lease term. The Contractor shall assume all real property leases associated with former State job service centers in a region, through either a novation agreement with the lessor or, a sublease with the State, at the Contractor's option. As such, the Contractor shall assume all rights, and be subject to, all duties and obligations, of those real property leases. If a lessor refuses to enter into a novation agreement with the State and the Contractor, then the Contractor agrees to enter into a sublease with the State and shall honor all interest, rights, and obligations under that real property lease between the State and the lessor. The State reserves the right to deduct real property lease rentals from payments due to the Contractor and pay those real property lease payments directly to the lessor. Page 9 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 3. STATE PERSONNEL. A. State Full Time Equivalent Allocation. The State initially will provide the state employee FTE identified in the "Preliminary Estimate for Regional Allocation of Wagner-Peyser and Employment Support Fund Dollars for Program Year 97-98" or other FTE allocation attached as "Exhibit C" to this Contract. B. Moving Expenses of Affected State Employees. If, as a result of the implementation of either Phase I or Phase II of the transition to the One -Stop Shop system, a State employee is required to move or relocate, then the State shall pay all allowable expenses identified in section 24-50-134, 10B C.R.S., as amended. If, after the initial move or relocation of a State employee, a region elects to move that State employee to a new location within that region, then the Contractor shall pay all allowable expenses identified in section 24-50-134, 10B C.R.S., as amended. Costs for all subsequent moves or relocations of State employees after the initial move shall be the responsibility of the region initiating the move or relocation. C. Retention of Independent Payrolls. Current State employees who, after the transition to the One -Stop Shop system are under the direction of the Contractor, shall remain on the State's payroll system. The State shall invoice the Contractor in a given region on a monthly basis for the costs associated with these State employees. The State reserves the right to deduct such charges from payments due to the Contractor. D. Functional Management of State Employees by the Contractor. 1. General. Except as otherwise provided in this Contract, the Contractor will set the work hours and program responsibilities, and discharge the supervisory responsibilities under the State Personnel System, in accordance with applicable statutes and State Personnel Board Rules, Director's Procedures, and written job descriptions approved by the State, and the State will delegate in writing to the Contractor all supervisory responsibilities necessary to effectuate these obligations. In any event, the State retains ultimate authority over all actions which may affect the current base pay, status, or tenure of classified state employees. The State will be responsible for all payroll matters for State employees. Unless otherwise specified in writing by the State, all State employee positions will be treated as nonexempt under the Fair Labor Standards Act. Page 10 of 33 9712% Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 2. Performance Evaluations The Contractor will complete Performance Appraisal for Colorado Employees ("PACE") evaluations and Progress Reviews. Grievances. The Contractor shall fulfill management and supervisory duties and responsibilities to Step Three of the classified personnel system grievance process. The Contractor shall conduct appropriate investigation(s), conduct the meeting with the supervisor, and furnish suitable information to State supervisors and management. The State shall retain the responsibility for acting on grievances at the Step Three or Four level, as determined by the State. The Contractor will implement the relief determined appropriate by the State. 4. Corrective Actions. The Contractor will determine and implement any necessary corrective actions in accordance with the procedures in the state classified personnel system. 5. Disciplinary Actions The State retains the sole right to terminate, demote, and suspend its employees for disciplinary reasons. The Contractor will cooperate and provide information deemed necessary by the State in conjunction with proposed disciplinary actions. 6. Supervisory Training. The Contractor will require its employees who are exercising functional control over State employees to attend State supervisory training to be provided by the State. 7. Documentation. Copies of all personnel -related correspondence, "PACE" evaluations, progress reviews, grievances, corrective actions, or decisions on any of the above shall be promptly provided directly to the Human Resources Director of the State at the same address as that set forth below for the State Representative. All such transmittals shall be marked confidential. Receipt of Documents The Contractor acknowledges that it has in its possession all state classified personnel system statutes, State Personnel Board Rules and Director's Procedures. The Contractor acknowledges receipt from the State of PACE and Progress Review forms, PACE Manual, grievance forms, and notices of employee rights for grievances and corrective action relief. 9. Posted Notices. The Contractor shall post in conspicuous places all notices required by state law for state classified employees. The State shall supply necessary copies of such notices at the State's expense. Page 11 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 10. Cooperation. The Contractor shall cooperate fully with the State in any investigations, appeals, grievances, or other personnel matters, including, without limitation, those pertaining to allegations of unlawful discrimination. 11. Exceptions. Supervision of the day-to-day activities of the State's classified employees by county employees is authorized under this Contract, with the following limitations: a. County supervision of classified employees of the State does not apply to the delivery of specific programs such as the Disabled Veterans Outreach Program (DVOP) and the Local Veterans Employment Representative (LVER) services. These programs must continue to be provided by employees of the State under the supervision of other State employees; b. Unless federal waivers to the contrary are granted, State employees performing Migrant and Seasonal Farm worker (MSFW) outreach work must continue to be supervised by State employees. E. Reduction in Numbers of State Employees. 1. If funding cuts result in the initiation of a lay off action by the State, then the Contractor shall make equitable adjustments in program services, as allowed by the program requirements of the funding source, to permit continued operation as is possible with remaining State and Contractor resources. In the case of reductions of State FTE allocations due to attrition, such positions may become Contractor employee positions. The State reserves the right to reduce funding under this Contract to the extent the current retirement and termination reserves are not adequate to pay the amount of all compensation due the departing State employee, including without limitation, accrued annual and sick leave. Page 12 of 33 9712.90 Department orAgencyNo.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. F. Membership in Employee Organizations Employees performing services under this Contract shall have the right of full freedom of association, self -organization, and designation of representatives of their own choice. Membership in an employee association or union cannot be required as a condition of employment under this Contract. No employee may be coerced into joining or not joining any type of organization against the wishes of that employee. Additionally, no employee may be contacted by a representative of any employee organization during working hours for the purpose of soliciting membership to that employee organization. With the prior consent of an employee's supervisor, which consent shall not be unreasonably withheld, representatives of an employee's choice may confer with an employee at that employee's job site during normal business hours concerning any matter incidental to that employee's employment relationship with the State or Contractor. The conference shall be conducted so as to avoid interference with other employees in the work unit. I. SPECIFIC PROGRAM REOUIREMENTS. 1. The Contractor shall implement one or more of the following programs, as specified in the annually approved plan. A. DISPLACED HOMEMAKERS PROGRAM. Pursuant to § 8-15.5-101, et seq., C.R.S., as amended, and associated rules, regulations and policies, as amended; EMPLOYMENT SERVICES PROGRAMS. Pursuant to the Wagner-Peyser Act of 1933, 29 U.S.C. 49, et seq., as amended, and associated rules, regulations and policies, as amended. JOB TRAINING PARTNERSHIP ACT PROGRAMS. Pursuant to the Job Training Partnership Act, P.L. 97-300, 29 USC 1501 et seq., as amended, and associated rules, regulations and policies, as amended. D. LABOR CERTIFICATION PROGRAM. Pursuant to the Immigration and Nationality Act, 8 USC 1101 et seq., and 20 CFR 655 & 656, as amended, and associated rules, regulations, and policies, as amended. Page 13 of 33 97129 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. E. MIGRANT AND SEASONAL FARM WORKERS PROGRAM Pursuant to the court's order in Civil Action No. 2010-72 (unpublished), 8 Empl. Prac. Dec 9634 (D.D.C. August 13, 1974), modifying NAACP v. Brennan 360 F. Supp. 1006, 5 Empl. Prac. Dec 8637 (D.D.C. May 31, 1973), and associated rules, regulations and policies, as amended. F. TRADE ASSISTANCE ACT PROGRAMS. Pursuant to the Trade Assistance Act, P.L. 93-618, 19 U.S.C. 2271, et seq., as amended, and associated rules, regulations, and policies. as amended. G. NORTH AMERICAN FREE TRADE AGREEMENT PROGRAMS. Pursuant to the North American Free Trade Agreement Implementation Act, P.L. 103-182, 10 U.S.C. § 3301 et seq. as amended, and associated rules, regulations. and policies, as amended. H. TEMPORARY AID TO NEEDY FAMILIES PROGRAMS. Pursuant to Title I of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193, 42 U.S.C. § 1305. et seq., as amended, and associated rules, regulations, and policies. as amended. I. VETERANS PROGRAMS. Pursuant to 38 U.S.C., Chapters 41, 42, and 43, as amended, and associated rules, regulations and policies, as amended. J. WORK OPPORTUNITY TAX CREDIT PROGRAM. Pursuant to Section 1201 of the Small Business Job Protection Act. P.L.104-188, 26 U.S.C. § 1, et seq., as amended, and associated rules, regulations, and policies, as amended. 2. Job Training Partnership Act ("JTPA") and Temporary Aid To Needy Families ("TANF") programs are funded and implemented under contracts separate from this Contract. If the Contractor has JTPA or TANF contracts, a material part of the consideration to the State for entering into this Contract is to have the JTPA and TANF contracts operated in the One - Stop environment. Therefore, the Contractor shall operate all programs funded by this Contract, as well as the JTPA and TANF contracts, consistent with the One -Stop requirements of this Contract. Page 14 of 33 9/1.290 Department or Agency No.: KM Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. In the event of a conflict between this Contract and either the JTPA or TANF contracts as to those specific programs, those contracts will control; provided, however, that failure to operate such separate programs in the One -Stop environment in accordance with this Contract shall constitute a breach of this Contract, and the State may pursue any of its remedies herein contained, including termination or financial consequences with funding provided pursuant to this Contract. L ADDITIONAL PROVISIONS. 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, legalauthorityto execute this Contract, and any attachments or amendments hereto, on behalf of the parties. 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. Page 15 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 3. FEDERAL CERTIFICATION ON DEBARMENT AND SUSPENSION (REOUIRED FOR ALL CONTRACTS ABOVE $25 000). The Contractor agrees to comply with all applicable regulations pursuant to Executive Order 12549, including, Debarment and Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990). The Contractor further agrees to complete the required "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions", incorporated herein by reference, and attached hereto as "Attachment C". A completed and signed original Certification shall be provided to the State by the Contractor. FEDERAL CERTIFICATION ON LOBBYING ACTIVITIES (REOUIRED FOR ALL CONTRACTS ABOVE $100.000). The Contractor agrees to comply with all applicable regulations pursuant to Section 319 of Public Law 101-121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29 C.F.R. 93.110 (1990). The Contractor further agrees to complete the required "Certification Regarding Lobbying", incorporated herein by reference, and attached hereto, as "Attachment D". A completed and signed original Certification shall be provided to the State by the Contractor. 5. INSURANCE (MINIMUM. MANDATORY REOUIREMENTS FOR ALL CONTRACTS). The Contractor shall procure, at its own expense, and maintain in effect, the following insurance coverages for the duration of this Contract: A. As required by State law, standard Workers' Compensation insurance, including occupational disease; and, Employer Liability insurance, which covers all employees, on or off the work site, while acting within the course and scope of employment, in the amounts prescribed by applicable State law; B. Comprehensive General Liability or Commercial General Liability insurance, to include bodily injury, personal injure; and property damage coverage, in the following minimum amounts: 1. Combined single limit of $600,000 written on an occurrence basis; 2. A general, annual aggregate limit of not less than $1 million; 3. The Contractor must purchase additional insurance if claims against the Contractor reduce the available general aggregate amount below $600,000 during the term of the Contract; Page 16 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. C. The State of Colorado is to be named as additional insured on each comprehensive general liability policy; D. All insurance policies shall contain a provision which prevents cancellation of the policy without sixty (60) days' prior written notice, by certified mail, return receipt requested, of such cancellation to the State; Certificates of Insurance shall be provided to the State by the Contractor within seven (7) working days after receipt of award, unless otherwise provided for in this Contract; and, F. Automobile Liability insurance in the following minimum amounts: 1. $600,000 combined single limit auto insurance, The Contractor shall provide such other insurance as may be required by law, or in a specific solicitation; H. For any insurances that are required by the Request For Proposals, the insurance policy shall include provisions preventing cancellation without sixty (60) days' prior written notice. by certified mail, return receipt requested, to the State. If the Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq. as amended ("Act"), the 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 meet its liabilities under the Act. Upon request by the State, the Contractor shall show proof of such insurance. Page 17 of 33 971290 Department or Agency No.: KAA Contract RoutingNo.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 6. PERFORMANCE MONITORING. A. The Contractor shall permit the State, the U.S. Department of Labor, or any other duly authorized governmental agent or agency, to monitor all activities conducted by the Contractor pursuant to the terms of this Contract. Such monitoring may consist of internal evaluation procedures. examination of program data, special analyses, on -site checking, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that shall not unduly interfere with the work of the Contractor. B. The Contractor authorizes the State to perform audits or inspections of its records at any reasonable time during the term of this Contract and for a period of three (3) years following the termination of this Contract. 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 and regulations apply' to the State. B. Each One -Stop Career Center is subject to all federal and state confidentiality requirements governing all programs participated in by a One -Stop Career Center. 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. Page 18 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 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. MAINTENANCE OF RECORDS. A. The Contractor shall maintain a complete file of all records, documents, communications, and other materials which pertain to this Contract. Such materials shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies, and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other records of the Contractor. B. All such records, documents, communications, and other materials shall be the property of the State and shall be maintained by the Contractor, in a central location as custodian for the State, on behalf of the State, for a period of three (3) years from the date of fmal payment under this Contract or, for such further period as may be necessary to resolve any pending matters, including, but not limited to, audits performed by the federal government. C. Notwithstanding any other provision of this Contract to the contrary, records for each program shall be retained in accordance with all pertinent federal and state record retention requirements. 9. 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. Page 19 of 33 971.290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 10. 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, that is recorded in any form or medium whatsoever and this is delivered or specified to be delivered under this Contract, nor may it 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 49 C.F.R. 18.34, the federal government, through the State, reserves a royalty free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize the State or others to reproduce, publish, or otherwise use: 1. any work developed under this 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. 11. 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 and obligations of 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; C. Removing from further work on the Contract those employees of the Contractor whom the State believes, in good faith, are incompetent, unsatisfactory, insubordinate, or otherwise unsuitable, or whose continued performance under the Contract is deemed, in good faith, to be contrary to the public interest or the interest(s) of the State; Page 20 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. D. Deny payment for those services or obligation 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; and, E. Terminate this Contract immediately as set forth in the Termination for Default paragraph of this Section but without further liability to the State, including, but not limited to, liability for termination costs. 12. TERMINATION DUE TO THE LOSS OF STATE FUNDING. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated, in whole or in part, from available State 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 State funds for the purposes hereof. In the event that said funds, or any part thereof, are, or become, unavailable, as determined by the State, then the State may immediately terminate or amend this Contract. 13. 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 event that said funds, or any part thereof, are, or become unavailable, as determined by the State, then the State may immediately terminate or amend this Contract. Page 21 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 14. TERMINATION FOR DEFAULT (CAUSEZ. A. If the Contractor refuses or fails to timely perform any of the provisions of this Contract with such diligence as will ensure its completion within the time specified in this Contract, the State shall notify the Contractor in writing of the non- performance, and if not promptly corrected, the State may terminate the Contractor's right to proceed with the Contract or such part of the Contract as to which there has been delay or a failure to properly perform. The Contractor shall continue perfor- mance of the Contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services elsewhere. B. Notwithstanding termination of the Contract, and subject to any directions from the State, the Contractor shall take timely, reasonable, and necessary action to protect and preserve property in the possession of the Contractor in which the State has an interest. 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. The Contractor shall not be in default by reason of any failure in performance of this Contract in accordance with its terms if such failure arises out of acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. Page 22 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. E. Upon request of the Contractor, the State shall ascertain the facts and extent of such failure, and, if the State determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the Contractor's progress and performance would have met the terms of this Contract. If after notice of termination of the Contractor's right to proceed under the provisions of this paragraph, it is determined for any reason that the Contractor was not in default under the provisions of this paragraph, or that the delay was excusable, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the termination for convenience clause. 15. TERMINATION FOR CONVENIENCE. A. The State may, when the interests of the State so require, terminate this Contract in whole or in part, for the convenience of the State. The State shall give sixty (60) days written notice of the termination to the Contractor specifying the part(s) of the Contract terminated and when termination becomes effective. This paragraph in no way implies that the State has breached this Contract by the exercise of this paragraph. The Contractor shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the Contractor will stop work to the extent specified. The Contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with the terminated work. The State may direct the Contractor to assign the Contractor's right, title, and interest under terminated orders or subcontracts to the State. The Contractor must still complete and deliver to the State the services not terminated by the Notice of Termination and may incur obligations as are necessary to do so. The Contractor shall be paid at the contract rate for services through the date of termination. Page 23 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 16. SEVERABILITY. To the extent that this Contract may be executed and performance of the obligations of the parties maybe 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 reason, then such invalidity or failure shall not affect the validity of any other term or provision of this Contract. 17. 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 18. 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 express written consent of the State. 19. CONTRACT BINDING ON SUCCESSORS. Except as otherwise provided herein, this Contract shall inure to the benefit of, and be binding upon. the parties hereto and their respective successors and assigns. 20. REPRESENTATIVES. For the purposes of this Contract. the persons identified below are hereby designated as representatives of the respective parties to this Contract. Either may, from time to time, designate in writing new or substitute representatives. CONTRACTOR: Constance L. Harbert Chair, Pro Tern 915 10th Street P.O. Box 758 Greeley, CO 80632 (970) 356-4000 Page 24 of 33 971290 Department or Agency No.: KAA Contract RoudngNo.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. STATE: Judith Richendifer Director, Employment and Training Programs Colorado Department of Labor and Employment 1515 Arapahoe Street, Tower 2, Suite 400 Denver. CO 80202-2117 (303) 620-4204 21. NOTICE OF PENDING LITIGATION. Unless otherwise provided for in this Contract, the party served shall notify the other party, 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 party served shall immediately deliver copies of any such documents to the other. 22. NOTICE PROCEDURE,. All notices required and permitted pursuant to 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: Constance L. Harbert Chair, Pro Tem 915 10th Street P.O. Box 758 Greeley, CO 80632 (970) 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 Page 25 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 23. 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 were fully set forth herein. Except as provided above, no modification of this Contract shall be effective unless such modification is agreed to in writing by both parties in an amendment to this Contract that has been previously executed and approved in accordance with applicable law. 24. 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. 25. DRUG FREE WORKPLACE. Federal Law requires that all programs receiving federal funds maintain a drug free workplace. The Contractor will comply with applicable Federal and State requirements. 26. 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. 27. 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. Page 26 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 28. 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, nor shall anything contained in this agreement be construed as a waiver of any provision of the Governmental Immunity Act, section 24-10-101, et. seq., Colorado Revised Statutes (as amended). 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. 29. EXHIBITS AND ORDER OF PRECEDENCE. Unless otherwise stated, all exhibits or attachments referenced herein are attached hereto, incorporated and made a part of this contract. The terms of this contract shall control over any conflicting terms in any of its attached exhibits or attachments. 30. VENUE. Venue for any action related to performance of this contract shall be in the City and County of Denver, Colorado. 31. 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. K. SPECIAL PROVISIONS 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. Page 27 of 33 971290 Department or Agency No.: KAA Contract Routing Na: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. FUND AVAILABILITY. 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 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 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, provender 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, 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 (including State employees functionally managed by the contractor), agents, subcontractors, or assignees pursuant to the terms of this contract, except to the extent caused by: (1) an express term or condition of employment dictated by the State and properly implemented by contractor in accordance with law and this contract; or (2) an employment decision rendered by the State regarding a State employee and not involving a violation of law or breach of this contract by contractor. Page 28 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 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 and 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, 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 of the 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, dated 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. Page 29 of 33 371290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. (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 of 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 provisions 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, dated 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 Order, Equal Opportunity and Affirmative Action, dated 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, dated 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 litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE. 6a. Provisions of CRS 8-17-101 & 102 for Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. Page 30 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 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. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences), and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. - 10. 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 31 of 33 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. 11. 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 22, 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. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. CONTRACTOR: WELD COUNTY BOARD OF COMMISSIONERS (NAME OF COMPANY), (type of entity) COUNTY GOVERNMENT By: By: GEO CnyX /did rirt. BAXTER (07/09/97) Chair FEIN: 84-6000813 , DEPUTY THE BOARD B Page 32 of 33 STATE: STATE OF COLORADO Roy Rome , Governor n N air Executive Director Department of Labor and Employment 971290 Department or Agency No.: KAA Contract Routing No.: 98-1121 Weld County One Stop Contract This is a legal document. Legal counsel should be consulted before signing. APPROVALS: DEPARTMENT OF PERSONNEL STATE BUILDINGS PROGRAMS Larry Friedberg, Director By: NOT REQUIRED DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL Gale A. Norton, Attorney General By: eral C. Richard nnington Aselsta ttorney General State *Mon &lotion DEPARTMENT OF PERSONNEL OFFICE OF RISK MANAGEMENT Betsy Rodriguez, Manager NOT REQUIRED By: DEPARTMENT OF PERSONNEL OFFICE OF THE STATE CONTROLLER Clifford W. Hall, State Controller Page 33 of 33 971290 Attachment A CONTRACTOR/ STATE AUTOMATION RESPONSIBILITIES The following information includes: A matrix which explains the financial responsibilities of both the State and the One -Stop Contractor in regard to the automation components to be utilized by a One -Stop. An explanation of the "Model Connectivity Architecture" diagram. The "Model Connectivity Architecture" diagram. The diagram depicts the various options available to the Contractor of a One -Stop. ITEM STATE RESPONSIBILITY CONTRACTOR RESPONSIBILITY I. CITS (GGCC) usage charges for core automation system. This includes LU as well as CICS charges. Core automation includes: CDLE: LMI Job Match ODDS/ENDS CDHS: COIN CAFSS Will pay for the first fiscal year. To be reevaluated at the end of the year. Will pay for charges for non core services through CITS. Non core automation services include: CDHS: CACTIS Colorado Employment First 2. CSDC charges for usage of core automation systems. Core automation includes: Local Virtual Online Search Statewide Virtual Online Search Performance Standards Job Link Location Inter - Client Online Search Net Access E -Mail Will pay for State level needs such as Federal Reporting Will pay CSDC direct for usage of core and non core services. Non core automation includes: Payroll Property Management Contract Allocation 3. CDLE charges for usage of core automation systems. Core automation includes: New LMI System Talent Bank System SMIS System Will pay for acquisition of new LMI System and Talent Bank System. Will pay usage for these systems. Provide necessary terminals for internal and public access. May 5, 1997 971.,90 ITEM I STATE RESPONSIBILITY CONTRACTOR RESPONSIBILITY 4. One time program development and enhancement charges for core systems provided by CSDC and CDLE. Each project will be evaluated and negotiated between State and Contractors to determine funding source. Each project will be evaluated and negotiated between State and Contractors to determine funding source. 5. CDLE staff/programmers assigned to support core automation projects and systems. Will pay. NA 6. One time charges to facilitate merger of GJTO and ORJT staffs (ie. New circuits, servers, desktops, etc.) From One -Stop Grant NA 7. Equipment at One -Stop Centers and satellite offices (ie. desktops, local networks, servers, desktop software, server software) State will specify standards for local equipment necessary to utilize Core Automation Systems. See the following page describing "Automation Standards" followed by the diagram of "Model Connectivity Architecture". Will pay for One -Stop equipment and software, as well as maintenance on same. 8. Circuits and termination equipment from One -Stops to CDLE, CITS, CSDC. State will pay for circuits and termination equipment connection CITS, CSDC, and CDLE. Circuits and termination equipment from One -Stop locations to CSDC will be paid for by contractor direct or included in CSDC usage charges. May 5, 1997 AUTOMATION STANDARDS: DIAGRAM EXPLANATION The following diagram depicts the model architecture of a One -Stop. Terminal Standards - These need to have 8 -bit emulation VT -200 or above available. Other workstations which can be utilized include: Dumb Terminals: X -Terminal Other VT Terminals Intelligent Workstations: PC Macintosh These can be utilized if VT -200, or above, emulation is available. Application: The VT -200 and above will run all core automation systems, except: • Graphical access to the Internet will not run. • Access to SARAS (new LMI system replacing SilverPlume) will not run. These two systems require an intelligent workstation. Intelligent Workstation: The advantage toutilizing an intelligent workstation, such as a PC, rather than a dumb terminal, is in the additional uses. An intelligent workstation allows the use of numerous other sofiware.packages, such as: word processing, spreadsheets, desk top publishing, etc, and access to graphical Internet and the future SARAS system. %by 5. 1997 971290 . rl U C) C U TV) Po C Architecture L C O 0 E IRO] 9'7129© V TN l) IMO L[Giq Ew 5 FUNDING LETTER/FUNDING CHANGE LETTER State of Colorado Fiscal Year 1997-1998 Funding Letter No.:98-1121-01 Date:July 1, 1927 On June 30.1997 an original Contract ("Contract") was entered into between the Colorado Department of Labor and Employment ("the State"), and the Board of County Commissioners of Weld County ("the Contractor"). This Contract has contract routing number KAA 98-1121. The initial term of that Contract commenced on July 1 1997 and ends on June 30. 2000. In accordance with paragraph (11. of that Contract, the Contractor is required to submit a yearly Plan for review and approval by the State. The Contractor has submitted a Plan for the State's 1997 - 1928 fiscal year. The State has reviewed the Cost Allocation Plan, which appears to allocate costs to the benefiting funding source, and hereby approves that Cost Allocation Plan based on the representations contained in that Plan. The Contractor will perform consistent with that Plan. The undersigned agree that the total financial obligation of the State to the Contractor for performance of this Contract is Two Hundred Fifty-four Thousand. Two Hundred Thirty-nine Dollars ($254,239.001 for State fiscal year 1997 - 1928. The effective date of this Letter is July I, 1997. However, in no event shall this Letter be deemed valid until it shall have been approved by the State Controller or such assistant as he may designate. IN WITNESS WHEREOF, the parties have executed this Letter as of the date and year fast above written. CONTRACTOR 1'HE BOARD OF COUNTY COMMISSIOERS OF WELD COUNTY By: e E. Baxter Geo e E. Baxter Chairman FEIN: 84-6000813 APPROVALS STATE OF COLO ' • O Roy Romer, Governor n Nu air Executive Director Department of Labor & Employment DEPARTMENT OF PERSONNEL OFFICE OF THE STATE OF COLORADO Clifford W. Hall, State Controller - By: Melvin W. Madden State Controller Designee Exhibit B 971290 Exhibit C Allocation of Wagner-Peyser and Employment Support Fund Dollars for Program Year 97-98 Region Labor Exchange FTEs (1) 97-98 Cost of FTEs(PS/PB) (2) Non -Personal Services $ (3) PY 97-98 Total S Per Region' (4) PY 96-97 $ Per Region (5) Adams 13.5 S 687,136 $ 107,909 $ 795,045 $ 804,031 Amp/Douglas 12.0 627,636 95,918 ' 723,554 674,933 Boulder 7.252 349,740 57,951 ` 407,691 391,602 Denver 24.0' 1,353,826 191,838 1,545,664 1,354,704 El Paso/feller 17.5' - 901,325 139,882 1,041,207 1,013,996 Jefferson/Gilpin/CC 7.0s 361,8976 55,952 417,849 337,884 Larimer 9.5 524,777 75,935 600,712 i 573,680 Mesa 6.25 322,000 49,958 371,958 310,948 Pueblo/Huerfano/LasAnimas 11.0 584,601 87,925 672,526 , 679,550 Weld N/A N/A 252,859 252,859 196,907 Regions 1 & 5 6.05 315,643 47,959 363,602 350,418 Region 13 + Park - Lake 6.5 331,726 51,956 383,682 372,562 Regions 6 7.0' 369,321 55,952 425,273 412,881 Region 8 4.5 214,730 35,969 250,699 244,959 Region 9 7.0 384,651 55,952 440,603 404,351 Region 10 7.5 419.717 59,949 , 479.666 514.745 Lake/Summit/Grf(d/Ptkn/Egl II.0° 593,333 87,925 681,258 689,624 Grd/Jksn/Routt/Moffet/RB 4.0` -162,248 31,973 194,221 254,563 TOTALS 161.5 $8,504,307 $1-;5-#3,762 $113,048,069 $9,582,338 Footnotes: The total dollar amount displayed in this column represents both Wagner-Peyser and Employment Support Fund funding. Since the Employment Support Fund percentage (22%) of These dollars are subject to TABOR, only Wagner Peyser funds will be distributed to Phase I. One -Stop Implementation Regions during PY 97-98. therefore there will be no TABOR impact during PY 97-98. 2. 0.25 FTE is reimbursed by the Reemployment Center, and has been subtracted from the region's FTE. 3. Bear Valley JSC FTEs were inadvertently omitted from the original estimate and have been re -added to the region's FTE. 4. 1.0 funded FTE was inadvertently omitted from allocation estimate. and has been re -added to the regions's FTE. 5. Original FTE included I.0 unfunded vacancy which has been subtracted from the region's FTE. 6. FTE count was correct, PS/PB has been corrected. 7. FTE count has been corrected to include Lamar staff, PS/PB was correct. 8. Original FTE included 1.5 unfunded vacancies which have been subtracted from the region's FTE. 9. 1.0 FTE is funded by the Labor Certification Program and has been subtracted from the region's FTE. R -5/l/97 971290 . Page 2 Allocation of Wagner-Peyser and Employment Support Fund Dollars Column Explanations: Column I Represents the current number of FTE's in the region funded by Wagner-Peyser (WP) and Employment Support Fund (ESF) dollars. This number may be different that the allocation estimate distributed earlier, the differences have been explained in the footnotes above. Given attrition and other factors, this figure could ultimately be less. Column 2 Represents the estimated PY 97-98 Personal Service (PS) and Personal Benefits (PB) costs to support the number of FTE's displayed in Column I. This amount will be allocated in full to support the associated FTEs. Column 3 Represents the amount of funds each region will receive for Non -Personal Services (NPS/1 ease) based on an average per FTE dollar amount (the total NPS dollars available were divided by the total number of FTEs) for each region. The total NPS dollars available is determined by subtracting the total of Column 3 from the total amount of available funds which is displayed at the bottom of Column 5. Column 4 Represents the total WP and ESF dollars that will be allocated for PY 1997-98 for those regions implementing One -Stop service delivery on July 1, 1997. For those regions not ready to implement, the funds will be retained at the state level to run the system in that region. Column 5 Displays the total amount, PS/PB/NPS/Lease-each region is —currently projected to expend for the WP and ESF positions displayed in Column I for the current PY. 971290 STATE OF COLORADO EXECUTIVE CHAMBERS 136 State Capitol Denver, Colorado 60203-1 79 2 Phone (303) 866-2471 D 0003 97 EXECUTIVE ORDER TRANSFERRING THE OFFICE OF RURAL JOB TRAINING AND THE GOVERNOR'S JOB TRAINING OFFICE INTO THE COLORADO - DEPARTMENT OF LABOR & EMPLOYMENT WHEREAS, WHEREAS, Roy Romer Governor changes in the world of work demand changes in the way that job training and employment services are delivered in Colorado; and there are more than sixty different employment and training programs currently operating in Colorado, many of which attempt td address similar goals; and WHEREAS, the State of Colorado recognizes that efficient provision of job training and employment services is dependent on minimizing program duplication and fragmentation at both the state and local levels; and WHEREAS, consolidating some of the existing employment and training entities at the state level willfacilitate local program integration by helping to streamline pljtlyjng, reduce waste and duplication, and ensure overall goal congruence. NOW, THEREFORE, I, Roy Romer, Governor of the State of Colorado, under the authority vested in me by the laws and Constitution of the State of Colorado, DO HEREBY ORDER THAT: t. The Office of Rural Job Training shall be transferred from the Department of Local Affairs to the Department of Labor and Employment. The Department of Labor and Employment shall become the successor in interest in rural job training and employment matters heretofore concerning the Department of Local Affairs. 2. The staff of the Office of Rural Job Training shall be transferred to the Department of Labor and Employment, pursuant to existing state statutes, regulations, and policies. 3. The statutory authority, powers, duties and functions, records, personnel, property, and contractual obligations of the State with respect to the Office of Rural Job Training in the Department of Local Affairs, shall be transferred to the Department of Labor and Employment. 971290 Executive Order February /Ie. , 1997 Page 2 D 0003 97 The Department of Labor and Employment shall assume the role of administrator of the rural Service Delivery Area, previously performed by the Office Of Rural Job Training, as set forth in the Job Training Partnership Act. In its new capacity, the Department of Labor and Employment shall continue the Act's mission "to provide job training and employment opportunities for economically disadvantaged, unemployed, or underemployed persons which shall result in an increase in their earned income, and to assure that training and other services lead to maximum employment opportunities and enhance self-sufficiency," as set forth in the Job Training Partnership Act. 5. The Governor's Job Training Office shall be transferred from the Office -of the Governor to the Department of Labor and Employment. The Department of Labor and Employment shall become the successor in interest in all job training and employment matters relating to the Governor's Job Training Office. 6. The staff of the Governor's Job Training Office shall be transferred to the Department of Labor and Employment, pursuant to existing state statutes, regulations, and policies. 7.. The statutory authority, powers, duties and functions, records, personnel, property, and contractual obligations of the State with respect to the Governor's Job Training Office, shall be transferred to the Department of Labor and Employment. 8. The executive director or chief operating officer of each affected agency or office shall be responsible for ensuring the implementation of and compliance with, this order. 9. The authority to transfer the Governor's Job. -Training Office- and the Office of Rural Job Training to the Department of Iabd and Employment shall be effective immediately. GIVEN under my hand and the Executive Seal of tip. State of Colorado this aZ day of February, 1997. \? Roy er Governor 971290 crudt X. OFFICE OF THE GOVERNOR Colorado Workforce Coordinating Council 1580 Logan Street, Suite 410 Denver, Colorado 80203 Phone: (303) 894-2076 FAX (303) 894-2064 TO: FROM: DATE: RE: STATE OF COLORADO Cc :llothit MEMORANDUM County Commissioners Workforce Coordinating Council members SDA Directors Ledy Garcia -Eckstein June 13, 1997 Draft Executive Order Roy Romer Governor Margaret E. Porfido Chair Ledy Garcia -Eckstein Executive Director Attached is a draft of the Executive Order to establish the One -Stop Career Center network in Colorado. As you know, legislation to officially codify such a system failed earlier this year. In the absence of legislation, Governor Romer decided "that an Executive Order would be the best means to get the One -Stop system going. I recently circulated this draft at the CCI annual conference, so many of you have already seen this Executive Order draft. However, we want to give all the stakeholders in the system a formal opportunity to review the draft and make comments. Please submit any comments or su estionsyou ma have re ardin the in writin to the Workforce Coordinatin Council as soon as ossible no later than June 25. You may fax your comments tome at (303) 894-2064; or mail your comments to me at 1580 Logan Street, Suite 410, Denver, CO 80203. Thank you for your assistance. If you have any questions, please feel free to call us at (303) 894-2078. 97129►0 EXECUTIVE ORDER CREATING A STATEWIDE NETWORK OF ONE -STOP CAREER CENTERS WHEREAS, changes in the world of work, coupled with reduced federal funding for employment and training programs, necessitate a new approach to the delivery of employment and training programs in Colorado; and WHEREAS, creating a new, efficient workforce development system — offering access to the resources and services necessary to connect job seekers and jobs — is the best way to ensure that Colorado remains competitive into the 21' century; and; WHEREAS, a flexible, locally administered workforce development system — rooted in the principles of universality, customer choice, integration, and outcomes - based performance criteria — will be most responsive to the needs of Colorado employers and job seekers; and WHEREAS, the state is committed to consolidating programs for the delivery of employment and training services, and will provide local workforce development regions with technical support and capacity -building assistance, : as budgetary constraints allow, to create the best system possible; and WHEREAS, the U.S. Department of Labor has recognized Colorado's commitment to workforce development reform by awarding a three-year grant to implement the state's vision for a network of one -stop career centers. NOW, THEREFORE, I, Roy Romer, Governor of the State of Colorado, under the authority vested in my by the laws and Constitution of the State of Colorado, DO HEREBY ORDER THAT: 1. The Workforce Coordinating Council, hereinafter called the Colorado Workforce Development Council, referred to in this order as the "Council," will continue in its role as the state's Human Resource Investment Council (HRIC), performing all duties and functions assigned to HRICs by federal law. 2. The Colorado Department of Labor and Employment, with the advice of the Council, will set policy, develop performance and fiscal accountability standards, and allocate funds for the operation of One -Stop Career Centers. The Department of Labor and Employment will also be responsible for developing and maintaining a centralized computer system that links workforce development programs. 971290 3. Specifically, the Council shall: a) ensure that the new workforce development system and the network of One - Stop Career Centers are meeting the needs of business and labor; b) recommend performance standards for the new system; c) advocate for business -developed skill and competency standards; d) coordinate with the School -to -Career initiative, welfare -to -work, vocational education, adult education, and economic development programs; e) provide policy advice on workforce development issues to the Governor, the Legislature, and appropriate state departments; and 0 bring private sector quality initiatives to the workforce development system. 4. The Council shall have no more than 21 members appointed by the Governor, including the Colorado Commissioner of Education; the president of the Community College and Occupational Education System; the executive directors of the Departments of Labor and Employment and Human Services; and the director of the Office. of. Business Development.. Additionally,- the Council shall have a representative of local public education, a representative of a postsecondary institution, a representative of secondary or postsecondary vocational education institution, two representatives of community -based . organizations, three representatives of business and industry, three representatives from organized labor, and three local elected officials. 5 Colorado shall be divided into workforce development regions for local service delivery and administrative purposes of the one -stop system. Regions shall be comprised of a single county or group of counties. 6. The operation of the One -Stop Career Centers within each region shall be governed by the county commissioners representing the counties -in that region, with policy guidance from a workforce development board appointed by said commissioners. In the case of the City and County of Denver, the One -Stop Career Center(s) will be governed by the mayor, with policy guidance from a workforce development board appointed by the mayor. 7. Local workforce development boards shall be comprised of more than fifty percent representation by the private business sector and shall be chaired by a member representing the private business sector. Representatives of organized labor and community -based organizations shall constitute not less than 15% of the board membership. Each board shall be responsible for developing a workforce development plan, determining optional services, and service variations, to meet local employers' and job -seekers' needs, and overseeing the one-stop(s)' operations in the region. The Governor or his designee must certify the membership of each workforce development board and shall be responsible for delineating any other membership requirements or responsibilities of the boards. 8. The commissioners (or mayor in the case of Denver) shall also have the authority to assume the administrative control of the region's One -Stop Cares Centers, including fiscal agent responsibility, by entering into a performance -based contract with the Department of Labor and Employment. If the commissioners (or mayor in the case of Denver) decline to assume the administrative or fiscal agent responsibility for the regional One -Stop Career Centers, the Department of Labor and Employment shall administer, or contract for the administration of, the centers in such region(s) with guidance from the regional workforce board for such region. In the event the Department of Labor and Employment administers, or contracts for the administration of, a regional One -Stop Career Center, it shall do so with guidance from the regional workforce board for such region. 9. Each region shall provide a universal set of core services in its One -Stop Center system, as required by its performance -based contract with the Department of Labor and Employment. 10. One -Stop Career Centers shall operate on an annual basis, with a new program year beginning on July I of each calendar year. For fiscal years after FY 1997-1998, the commissioners (or mayor in the case of Denver) in each region must submit a worlcforce development plan to the Council and the Department of Labor and Employment by March 1 of the current program year before funds can be released for the next program year. The workforce development plan shall be prepared by the workforce development board, approved by the county commissioners of each county in the region (or mayor in the case of Denver), and submitted to the state. If the region does not submit an approved plan, the Department of Labor and Employment will devise a plan for the region. 11. Upon receipt, each plan shall be reviewed first by the Council for consistency with the state's overall workforce development strategy. Following this review, the Council must submit the plan, with its recommendations for approval or disapproval, to the Department of Labor and Employment for review. After the Department's review of the plan, the Department shall submit the plan, with its recommendations for approval or disapproval, to the Governor for final approval. Simultaneously, the Department must also submit its recommendations to the Council. 12. Upon final approval of a region's plan by the Governor, the Department of Labor and Employment shall prepare any necessary contracts for implementation of the plan and provide draft contracts to the county commissioners (or mayor in the case 971290 of Denver) for that region. After FY 1997-1998, draft contracts shall be provided to the regions on or before April 15; execution of contracts shall occur on or before May 15 for the program year beginning on July 1. 13. Rapid Response, a statewide early intervention assistance program for mass layoffs, must remain flexible to be able to respond quickly to layoffs which may occur around the state. Therefore, this activity shall remain at the state level. 14. One -Stop Career Centers shall comply with Title I of the Americans with Disabilities Act as it applies to the provision of employment and training services. Programs and services for persons with disabilities shall be coordinated with and integrated into the regional One -Stop Centers to the greatest extent feasible. 15. All those provisions of Executive Order B 001 94 creating the Colorado Workforce Coordinating Council shall continue to be in effect to the extent they do not conflict with any of the provisions herein. GIVEN under my hand and the Executive Seal of the State of Colorado, this day of June, 1997 Roy Romer Governor 971290 ROY ROMER Governor JON NUMAIR Executive Director JUDITH RICHENDIFER Director DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF EMPLOYMENT PROGRAMS Two Park Central, Suite 400 1515 Arapahoe Street Denver, CO 80202-2117 303/820-4200 FAX 303/620-4257 COLORADO ONE -STOP SYSTEM POLICY GUIDANCE LETTER 97-05-P2 SUBJECT: PERFORMANCE -BASED MEASURES DATE: July 2, 1997 L REFERENCE(S): Wagner-Peyser Act, as amended; JTPA Public Law 97-300, as amended through Public Law 99-570 and the Job Training Reform Amendments of 1992; Title 38, U.S.C. IL PURPOSE' The purpose of this PGL is to outline the State and federal performance standards which will be used to evaluate One -Stop program performance throughout the One -Stop Career Center system. III. BACKGROUND: USDOL establishes performance measures and indicators of compliance for several federally - funded employment and training programs, including the JTPA, Veterans, and MSFW programs, as a condition of receiving federal funds. States are required to monitor performance in areas where the federal government does not set specific standards, and are allowed to establish their own performance measures and minimum standards. Under the terms of the One -Stop Implementation Grant, Colorado is required to establish minimum performance measures for the One -Stop Career Centers in addition to any federally required standards or indicators of compliance. In accordance with the prevailing USDOL philosophy governing the implementation and operation of One -Stop Career Center systems, the State standards are performance -based and focus upon the areas of a. Customer satisfaction for job seekers and employers; b. Customer outcomes; 971290 2 c. Market growth and penetration; and d. Cost-effective delivery of services. IV. POLICY/ACTION: A. General 1. All federally required performance standards, indicators of compliance, and standards established by the State in either the JTPA or ES State Plans remain in effect, and all One -Stop Career Centers, Job Service Centers, SDA's and substate grantees providing JTPA and/or ES services are expected to meet these standards. 2. Current performance levels for labor exchange activities will be used to establish minimum baseline standards for performance during the transition period. 3. The State is responsible for program monitoring to ensure compliance with federal and state performance standards. 4. One -Stop Career Center performance will be measured on the basis of four (4) criteria and tracked through a variety of mechanisms. Basic performance standards will be set at the state level, and each regional workforce board is encouraged to develop additional standards that reflect regional needs. 5. a. Initial baseline data will be collected during the first 18 months of one -stop implementation for each region to develop regional performance standards. Data from the first two years of statewide one -stop performance will be used to adjust labor exchange standards and develop one -stop standards that accurately reflect the capacities, effectiveness and efficiency of the One -Stop Career Center system, and to suggest other methods for measuring and evaluating performance. b. A performance standards committee has been appointed by Meg Profido and Jon Numair to conduct an on -going review of the existing standards and performance data and develop one -stop performance measures. The committee is composed of employers; JSC, One -Stop and SDA directors; and, representatives from the` :Workforce Coordinating Council, CDLE, CCCOES and the Department of Human Services. B. Specific Performance Standards. In addition to existing JTPA performance standards, regions are expected to meet the following performance standards and goals: 1. Basic Labor Exchange Activities a. New Employer Penetration Rate (1) Current state standard: 30 new employers per Wagner-Peyser-funded FTE per year. 97129►0 3 (2) A new employer is defined as one who has not placed a job order within the past 2 years. (3) New performance goal: Each region is responsible for a percentage of the total statewide standard (30 employers/FTE/yr) based upon the region's share of the state's employers (Attachment 1). (4) No baseline currently exists for this factor, although each of the existing job service centers reported that they exceeded the standard in PY 96-97. Moreover, the automated system is not currently able to track the new employer penetration rate. Until such time as this rate can be tracked electronically, and there is actual performance data upon which to develop a baseline, the factor will be treated as a goal which each region is encouraged to meet rather than a performance standard regions are expected to meet. b. Job Order Fill Rate. The percentage of job order openings that are filled. (1) No federal performance standard currently exists. The current statewide standard requires each local office to increase its fill rate over the previous year. (2) The performance measure will be negotiated with each region based upon the region's actual performance in PY 1995-96 and projected performance in PY 1996-97 (Attachment 2) c. Placement Quality. The percentage of placements in full time and part time employment lasting more than 150 days, and the average placement wage. (1) No federal performance standard currently exists. (2) The performance measure will be negotiated with each region based upon the region's actual performance in PY 1995-96 and projected performance in PY 1996-97 (Attachment 2) d. Placement Activity. The percentage of placements; obtained employments, and applicants who received reportable services. (1) No federal performance standard currently exists. (2) The minimum performance standard will be negotiated with each region based upon the region's actual performance in PY 1995-96 and projected performance in PY 1996-97 (Attachment 2). e. Customer Satisfaction The percentage of applicants and employers who indicate satisfaction with the Wagner-Peyser-funded services and treatment they received. (1) No federal performance standard currently exists. 971290 4 (2) Customer satisfaction data for Wagner-Peyser-funded services is currently collected at the statewide level and is not available for either regions or local offices. The average statewide satisfaction ratings for employers and applicants during the period 1/95 through 3/97 (Attachment 3) will be used as a goal which regions are encouraged to meet. Actual performance data for each region during its first year of one -stop implementation will be used to establish the regional baseline performance standard. 2. Veterans Performance Standards a. Each region is responsible for meeting the minimum performance standards established by USDOL Veterans Employment and Training Service in each of the following areas: . (1) Placement/Obtained Employment (2) Federal Contractor Job Listing Placements (3) Counseling Services (4) Training Placements (5) Provision of Reportable Services b. Services for veterans in each of these areas must exceed the services for non - veterans by the following percentages: (1) Veterans and Other Eligibles 15% (2) Vietnam Era Veterans 20% (3) Special Disabled Veterans 25% (4) Disabled Veterans 25% 3. Migrant and Seasonal Farm Worker Indicators of Compliance a. Each region that contains a One -Stop Center that has been designated by USDOL as a significant office must meet the following indicators of compliance in providing services to MSFWs: - (1) Referred to jobs (2) Provided some_service - (3) Referred to supportive services (4) Provided counseling (5) Provided job development contacts (6) Placed (7) Receiving 500 above minimum wage (8) Placed in long-term non-agricultural jobs (150+ days) C. One -Stop Performance Standards to be Developed 1. Customer satisfactionfor job seekers and employers. 50.93% 75.35% 5.09% 5.69% L06% 42.50% 14.00% 6.0% 97125)9 5 a. Operational definition: Customer perception that the services received were helpful in meeting their training and employment goals; that they were served promptly and courteously in a physically appealing facility, were given arrpss to adequate resources, and that they were served by knowledgeable staff. b. Methods for evaluating: In addition to the existing surveys conducted for ES and JTPA funded programs, the following measures will be developed: (1) Annual regional focus groups of employers and job seekers, conducted by an independent evaluator. (2) Semi-annual regional surveys of employers and job -seekers conducted by an independent evaluator. (3) Other methods as developed by the State or individual Regions. c. Indicators of satisfaction: Overall and specific satisfaction with One -Stop Center services, resources, facilities and staff. d. Baseline: The initial baseline will be developed during the first year of implementation using the following indicators: (1) Overall focus group satisfaction rate, reported by employer and job seeker groups, for each of the following factors: Overall satisfaction Satisfaction rate regarding services Satisfaction rate regarding resources Satisfaction rate regarding facilities Satisfaction rate regarding staff (2) Overall customer survey satisfaction rate, reported by employer and job seeker survey results, for each of the following factors: Overall rate Satisfaction rate regarding services Satisfaction rate regarding resources Satisfaction rate regarding facilities Satisfaction rate regarding staff 2. Customer outcomes a. Operational definition: Employment in an occupation leading to economic self- sufficiency commensurate with the individual's skills and/or abilities (job seekers) or the successful recruitment of qualified workers for available positions (employers) as a result of utilization and interaction with One -Stop Career Center services, resources and/or staff. 971290 6 b. Methods for evaluating: (1) UI wage data. (2) MIS system applicant and employer data. (3) LMI data collection and analysis of One -Stop customers, if appropriate. c. Indicators of satisfaction: (1) Quality of referrals to employers (i.e. degree of match between the job seeker's skills and qualifications and the job requirements) (2) Average placement wage (3) Percent of increase in wages/earning capacity as a result of services (4) Employment retention (5) Placement rate for special needs populations d. Baseline The initial baseline will be developed during the first year of implementation using reviews to evaluate the quality of referrals, average placement wage by state and region, percent of increase by which job seekers increased their wages before and after services, average length of time job seekers remain on the job after placement by One -Stop Centers, and the placement rate for special needs populations by category of need. 3. Market growth and penetration. a. Operational definition: An evident increase from first year baseline data in numbers of individuals and employers throughout the community who are served through One - Stop Career Center core services and fee -based services. Each One -Stop Career Center will serve a universal population that is consistent with the demographic make- up of the region in which it operates. b. Methods for evaluating: (1) Statewide employer survey by region. (2) Data collection and analysis from Centers. (3) Demographic and LMI analysis. c. Indicators: (1) Market penetration (forte listings) and job order fill rate, compared against the baseline of current market penetration for job orders listed with ES (2) Usage of One -Stop Career Center resources, compared against the current number of individuals and employers using the ES and JTPA systems (adjusted for funding impacts) (3) Increasing referral rate (4) Repeat business by employers d. Baseline: Both the statistical methods for determining market penetration and Center usage and the initial baseline will be established during the first year of implementation using a variety of statistical methods and data sources. 4. Cost-effective delivery of services 971290 7 a. Operational definition: The rate at which the annual revenue and/or avoided cost to public systems generated by persons becoming employed following One -Stop Center services exceeds the annual direct cost of providing those services. b. Methods for evaluatinv: (1) Return on Investment (ROI) measures (formulae to be developed) whereby returns, or the ratio of return, for all programs exceeds the costs for services to general and special needs populations (2) UI wage data analysis of One -Stop clients, if appropriate c. Indicators: (I) Annual direct program expenditures, reported by general and special needs populations (2) Number of clients, reported by general and special needs populations (3) Estimated savings of UI, AFDC/TANF, SSI and food stamps as a result of employment (4) Estimated increase in individual tax revenues generated as a result of employment (5) Estimated increase in UI wage taxes as a result of employment d. Baseline: Both the formulae and indicators will be developed during the first year of implementation and reassessed periodically. V. EFFECTIVE DATE: The effective date of this PGL is July 1, 1997. VL INOUIRIES: Any inquiries concerning this PGL should be addressed to either Judi Richendifer or Marie Valenzuela, Employment Programs, (303) 620-4200/4218. Jon Numair Executive Director Colorado Department of Labor and Employment 971290 Attachment I Factor: New Employer Penetration Rate (Recommended Goals) Region tt Business Establishments % of State M New EmployersiYear Adams 6,647 5.36% 260 Arapahoe -Douglas 18,365 14.82% 718 Boulder 9,769 7.88% 382 Denver 22,184 17.90% 867 El Paso -Teller 12,515 10.1% 489 Jeffco-Clr Crk-Gilpin 14,573 11.76% 570 Larimer 6,885 5.56% 269 Mesa 3,256 2.63% 127 Pueblo-Huerfano-Las Animas 3,468 2.799% 136 Weld 3,533 2.85% 138 Central Region (ciafeecuta, Francs, Fisk) 1,749 1.41% 68 Mtn Resort Region (Eagle, Garfield, Lake, Pitkin, Summit) 6,838 5.52% 267 Northwest Region (Grand, Jackson, Moffat, Rio Blanco, Rona) 2,384 1.92% 93 Regions 1 & 5 (Cheyenne, Ethan, Kit Carson, Lincoln, Logan, Morgan, Phillips, Sedgewidc, Washington, Yuma) 2,903 2.34% 113 Region 6 (Baca, Balk Crowley, Kiowa, 1,367 1.10% 53 Otero, Pn, ,) Region 8 (mimosa, comm. Costal, Mineral, Rio Gnude. SilgUadle) - 1.330 — 1.07% 52 Region 9 (Archuleta, Dolores, La Plata, Mootm,ma, San Juan) 2,956 2.39% 116 Region 10 (Dena, Gunnisua Hinsdale, Montrose, Ouray, San Miguel) 3.181 2.57% 125 Statewide 123,903 99.98% 4,843 371.290 Attachment 2 Statewide 1995-96 Actual Performance 1996-97 Projected Performance Job Order Fill Rate # Openings 4+ # Filled Days Fill Rate # Openings 4+ Days # Filled Fill Rate 100,732 38,524 38.24% 73,098 37,230 50.93% Placement Quality # Placed FT Jobs > 150 Days % Total Placements Jobs 4+ days # Placed FT Jobs > 150 Days % Total Placements Jobs 4+ days 20,705 53.7% 22,563 60.6% # Placed PT Jobs > 150 Days % Total Placements Jobs 4+ days # Placed PT Jobs > 150 Days % Total Placements Jobs 4+ days 7,057 18.3% 6,273 16.85% Average Placement Wage Average Placement Wage $6.62 9 Placement Activity # Active # Referred Referral # Active # Referred Referral Applicants Jobs 4+ days Rate Applicants Jobs 4+ days Rate 256,111 133,550 52.15% 278,915 138,627 49.7% # Placed Job 4+ days Placement Rate 32,467 12.68% # Placed Job 4+ days Placement Rate 31,739 11.38% # Obtained Employment Obtained Rate 11,399 4.45% # Obtained Employment Obtained Rate 12,683 4.55% # Placed & Obtained % Placed/ Obtained 43,866 17.13% # Rcvd Rptble Svc % Rcvd Rpt Svc 163,189 63.72g- # Placed & Obtained % Placed/ Obtained 44,422 15.93% # Rcvd Rptble Svc % Rcvd Rpt Svc 166,382 59.65 Weld 1995-96 Actual Performance 1996-97 Projected Performance Job Order Fill Rate # Openings 4+ Days # Filled Fill Rate # Openings 4+ Days # Filled FE Rate 3,998 2,081 52.05% 2,748 2,680 97.53% Placement Quality # Placed FT Jobs > 150 Days % Total Placements Jobs 4+ days # Placed FT Jobs > 150 Days % Total Placements Jobs 4+ days 1,302 62.6% 2,120 79.1% # Placed PT Jobs > 150 Days % Total Placements Jobs 4+ days # Placed PT Jobs > 150 Days % Total Placements Jobs 4+ days 103 4.9% 108 4.03% Average Placement Wage Average Placement Wage $6.28 $6.69 Placement Activity # Active Applicants # Referred Jobs 4+ days Referral Rate # Active Applicants # Referred Jobs 4+ days Referral Rate 9,224 4,441 48.15% 11,535 5,515 47.18% # Placed Job 4+ days Placement Rate # Placed Job 4+ days Placement Rate 1,850 20.06% 2,443 21.18% # Obtained Employment Obtained Rate # Obtained Employment Obtained Rate 284 3.08% 256 2.22% # Placed & Obtained % Placed/ Obtained # Placed & Obtained % Placed/ Obtained 2,134 23.14% 2,699 23.4% # Revd Rptble Svc % Revd Rpt Svc # Revd Rptble Svc % Rcvd Rpt Svc 6,570 71.23% 7,584 65.75% 9'7125)0 Attachment 3 Factor: Customer Satisfaction IApplicants' Satisfaction' .92 Compared to Other Govt Agencies' .88 Would Recommend' .85 Employers' Satisfactions Compared to Other Govt Agencies' Meet Expectations' Use in Future' .93 .89 .37 .40 1 - Based on average results for statewide quarterly applicant and emp oyer surveys conducted between 1/96-3/97. 4,000 applicant and 4,000 employer completed questionnaires were obtained during this period. 2 - Applicant Satisfaction Index is made up of 15 YES -NO variables. The range is from 0-1, the higher the score, the more satisfied the applicant. 3 - % of hespundents that said that compared to other governmental agencies, the service at Job Service was better. 4 - % of applicants who would recommend Job Service to a friend that needed a job 5 - Employer Satisfaction Index is made up of 7 YES -NO variables. The range is from 0-1, the higher the score the more satisfied the employer. 6 - % of employers who said that applicants from Job Service meet their expectations. This variable is highly predictive of the % of employers that said they were planning to use Job Service to fill future vacancies. 7 - % of employers who plan to use Job Service to fill future vacancies. 371290 JON NUMAIR Executive Director JUDITH RICHENDIFER Employment Programs Director DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF EMPLOYMENT PROGRAMS TWO PARK TOWER, SUITE 400 1515 ARAPAHOE STREET DENVER, CO 80202-2117 COLORADO ONE -STOP SYSTEM POLICY GUIDANCE LETTER 97-03-V2 SUBJECT: LVER and DVOP duties and responsibilities. DATE: May 28, 1997 L REFERENCE(S): Title 38, U.S.C., Disabled Veteran Outreach Program (DVOP) and Local Veterans Employment Representative (LVER) Grants. IL PURPOSE: This Policy Guidance Letter reaffirms the Colorado Department of Labor's policy concerning the use of the Local Veterans Employment Representative and the Disabled Veterans Outreach Program staffat the service delivery points. III. BACKGROUND: The Grant funding the LVER program states, "LVERs are assigned to perform only those duties directly related to discharging the duties prescribed in (Title) 38, U.S.C." Title 38 delineates the duties the LVER performs in their service to veterans: • "Disabled Veterans Outreach Program specialists will be assigned only those duties directly related to meeting the employmentpeeds of eligible veterans." (Title 38) "In the case of a service delivery point at which employment services are offered under the Wagner Peyser Act, the head of such service delivery points will be responsible for ensuring compliance with the provisions of this title providing for priority services for veterans." (Title 38) "Individuals serving as LVER and/or DVOP Specialists are assigned to the LESO (Local Employment Service Oice)...but do not relieve the LESO staff of the requirement to provide priority service to veterans." (Grant) Policy Guidance Letter 97-02-V 1, dealing with triage procedures outlines the highest priority groups of veterans that LVER and DVOP staff are to concentrate their efforts on serving. The provision of services to veterans -- and the priority of services -- is an overall responsibility of the 371290 service delivery point providing public employment services. Veterans seeking services should be targeted for services as members of one of three prioritized groups. IV. POLICY/ACITON: Each Service Delivery Point Manager will review the LVER and DVOP duties as outlined in the attachment. Each Service Delivery Point Manager will ensure all staff and especially LVERs and DVOPs are aware of the contents of this DL. Each Service Delivery Point Managers, LVERs, and DVOPs are expected to comply with the requirements of the law and this DL in matters pertaining to services provided to veterans. Under no circumstances is a full-time LVER or DVOP to provide services to non -veterans. V. IMPLEMENTATION DATE: July 1, 1997. VL JNOUIRIES: Inquiries concerning this PGL should be addressed to Man Folkestad, (303) 620-4213. 971290 ATTACHMENT LVER AND DVOP ROLES AND RESPONSIBILITIES Each LVER will carry out the following functions to provide services to eligible veterans: (I) Functionally supervise the provision of services to eligible veterans and eligible persons by the local service delivery point staff. (2) Maintain regular contact with community leaders, employers, labor unions, training programs, and veterans' organizations for the purpose of (A) keeping them advised of eligible veterans and eligible persons available for employment and training, and (B) keeping eligible veterans and eligible persons advised of opportunities for employment and training. Provide directly, or facilitate the provision of, labor exchange services by service delivery point staff to eligible veterans and eligible persons, including intake and assessment, counseling, testing, job -search assistance, and referral and placement. (4) Encourage employers and labor unions to employ eligible veterans and eligible persons and conduct on-the-job training and apprenticeship programs for such veterans and persons. Promote and monitor the participation of veterans in federally funded employment and training programs, monitor the listing of vacant positions with State employment agencies, by Federal agencies, and report to the Director for Veterans' Employment and Training for the State concerning any evidence of failure to provide priority or other special consideration in the provision of services to veterans as is required by law or regulation. Monitor the listing of jobs and subsequent referrals of qualified veterans. Working closely with appropriate Department of Veterans' Affairs personnel engaged in providing counseling or rehabilitation services under chapter 31 Title 38, and cooperate with employers in identifying disabled veterans who have completed or are participating in a vocational rehabilitation training program under such chapters and who are in need of employment. Refer eligible veterans and eligible persons to training, supportive services, and educational opportunities, as appropriate. (9) Assist, through automated data processing, in securing and maintaining current information regarding available employment and trailing opportunities (10) Cooperate with the staff of programs operated in identifying and assisting veterans who have readjustment problems and who may need services available at the local employment service office. (3) (5) (6) (7) (8) (1 1) When requested by a Federal or State agency, a private employer, or a service connected disabled veteran, assist such agency, employer, or veteran in identifying and acquiring prosthetic and sensory aids and devices needed to enhance the employability of disabled veterans; and (12) Facilitate the provision of guidance and counseling services, or both, to veterans who, pursuant to section 5(b)(3) of the Veterans' Job Training Act (29 U.S.C. 1721 note), are certified as eligible for participation under such Act. 9712.90 12.90 Each DVOP specialist will carry out the following functions to provide services to eligible veterans: (1) Development of job and job training opportunities for such veterans through contacts with employers, especially small and medium size private sector employers. (2) Pursuant to regulations prescribed by the Secretary after consultation with the Secretary of Veterans' Affairs, promotion and development of apprenticeship and other on job training positions. (3) The carrying out of outreach activities to locate such veterans through contacts with local veterans' organizations, the Department of Veterans' Affairs, the State employment service agency and local employment service offices, and community -based organizations. (4) Provision of appropriate assistance to community -based groups and organizations and appropriate grantees under other Federal and federally funded employment and training programs in providing services to such veterans. (5) Provision of appropriate assistance to local service delivery point employees in carrying out their responsibilities in providing priority of service to veterans. (6) Consultation and coordination with other appropriate representatives of Federal, State, and local programs for the purpose of developing maximum linkages to promote employment opportunities for and provide maximum employment assistance to such veterans. (7) The carrying out of other duties as will promote the development of entry-level and career job opportunities for such veterans. (8) Development of outreach programs in cooperation with appropriate Department of Veterans' Affairs personnel engaged in providing counseling or rehabilitation services under Chapter 31 of this title, with educational institutions and with employers in order to ensure maximum assistance to disabled veterans who have completed or are participating in a vocational rehabilitation program under such chapter. (9) Provision of vocational guidance or vocational counseling services, or both, to veterans, with respect to veterans' selection of and changes in vocations and veterans' vocational adjustment. ( 10) Provision of services as a case manager under section 14(b)(1)(A) of the Veterans' Job Training. 971290 JON NUMAIR Executive Director JUDITH RICHENDIFER Employment Programs Director DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF EMPLOYMENT PROGRAMS TWO PARK TOWER, SUITE 400 ISIS ARAPAHOE STREET DENVER, CO 80202-2117 COLORADO ONE -STOP SYSTEM POLICY GUIDANCE LE! ILK 97-02-V1 SUBJECT: Triage approach to serving veterans DATE: May 28, 1997 L REFE, ENCUS) Disabled Veteran Outreach Program (DVOP) and Local Veterans Employment Representative GIVER) Grants. ,-iw z.,,: 1 vs ,; URPOSE: t4obr'.T? 8�g ACf Q PA)'Po7icy Ziigaice Y.eitei'`{PGL) establishes guidelines to implementDVOP and LVER Grant requirements which -requires that servicedelivery points, at which LVER and DVOP specialist are located, screen veterans to determine their level of need and whether the DVOP or LVER are the most appropriate professional_to:;provide.,asslstance. This "triage" approach is designed to screen for those veterans who are in need of the type of case management services being provided in that office by the DVOP and LVER staff IIL BACKSTRQIINth The provision of services to veterans — and the priori[y of services, -is an overall responsibility of the -service:delivery.point-providing public employment services. Veterans seeking services should be targeted for services as members of one of the following three prioritized groups: A Highest Priority Veteran ' Grr„r„: Veterans who are not jobready and require intensive case management services, including all disabled veterans — especially those participating in or have completed a program of vocational rehabilitation Veterans needing intensive employment development services should be assessed by the DVOPs and LVERs and served using the case management approach_ This includes an array of special services, e.g. assessment, development of individual employability plans, coordination of services, and personalized job development and placement services. This group is to be the primary focus of veterans' services by DVOPs and LVERs. DVOPs and LVER's are to schedule their time so as to serve these veterans directly and contact perspective employers directly to develop job openings for those veterans in their case management files. B. Moderate Priority Veterans' Group: Veterans who are employable but who need some degree of assistance (e.g., job development, counseling, assessment, training, employer incentive programs, etc.) should be served by the labor exchange staff other than DVOPs and LVERs — although as DVOP/LVER work time is available beyond that necessary to serve the "Highest Priority Veterans' Group" described above, DVOPs and LVERs will spend such available time working with this "moderate Veterans" Group as their next priority. For this veterans' group the primary role of the DVOPs and LVERs is to assist other service delivery point stag as needed, in advising veterans how to utilize the services available and in assisting such veterans develop the skills needed to find employment. As part of the functional supervision role the LVER should provide guidance and training to labor exchange staff regarding services to veterans. C. Basic Priority Veterans' Group: Veterans who are job ready and can serve themselves do not require the direct services of the DVOPs and LVERs (though the LVER is statutorily mandated to functionally supervise all services provided to veterans through the auspices of the employment and training delivery systems). Such veterans should be encouraged to use automated and /or other self-help information systems to obtain referrals, interviews and employment. IV. POLICY/ACTION: Upon receipt to this PGL any veteran seeking service will be screened at the reception point for triage. Under no circumstances is this screening to be conducted by DVOP/LVER staff. Those determined to belong to the highest priority group will be referred to the LVER/DVOP for service. All others will be served by other service delivery point staff. Training of reception persons at the service delivery point is needed to ensure prioritization of veterans into proper groups and for staff to be knowledgeable of services available to veterans. The LVER is responsible for coordinating andoverseeing the full range of labor exchange services to, veterans. t �f� T. 7 IVpit taassr•: V. IMPLEMENTATIO`NbATE: July 1, 1997. VL INOUIRIES: Inquiries . nceming this PGL should be addressed to Alan Folkestad at (303) 620-4213. ecutive Director 971290 ROY ROMER Governor JON NUMAIR Executive Director JUDITH RICHENDIFER Director DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF EMPLOYMENT PROGRAMS Two Park Central, Suite 400 1515 Arapahoe Street Denver, CO 60202-2117 303/6204200 FAX 303/620.4257 COLORADO ONE STOP POLICY GUIDANCE LETTER NO. 97-04-P1 SUBJECT: ONE -STOP CENTER CORE SERVICES DATE: May 1, 1997 L REFERENCES. USDOL One -Stop Implementation Grant ; Wagner-Peyser Act, as amended; Job Training Partnership Act , as amended. IL PURPOSE: To -provide guidelines on the minimum core services to be provided by each region at one - stop career centers. IIL $ACKGROUND: In 1996, Governor Romer directed that a statewide network of "One -Stop Career Centers" be established. He envisioned that the newly created system would-be locally administered andcombine, at a minimum, the resources and programs of the Colorado State Employment Service and the Job Training Partnership Act These programs are governed by federal legislation which require the provision of specific employment and training services to the general_ public. - Colorado applied for, and received, a federal grant from the US Department of Labor to implement its one -stop career center system. The proposal was prepared by the Colorado Workforce Coordinating Council utilizing a statewide collaborative process that included representatives from federal, state and local agencies, employers, labor organizations, and private non-profit agencies. The provisions of the proposal, including the description of core services, are considered part of the grant contract with USDOL, and as such are legally binding on the State. 1 971290 IV. POLICY/ACTION: A. General. Each region must ensure that it provides a basic set of core services to the general public, including employers, free -of -charge, at each One -Stop Career Center. In addition to these core services, regions may also elect to offer additional or enhanced services. B. Core services for job seekers - I. Receptionist/registration into centralized computer system. Intake may be conducted by a variety of methods, including Internet, phone and in person. Timely reception/registration is defined as registration into centralized computer system within 24 hours from time of initial contact. 2. Career center orientation (e.g. workshop, orientation via video in lobby, information packets, etc) 'Applicant orientation provides the applicant with an overview of the program and services available, the criteria and requirements for program participation and receipt ofservice ; andan understanding of what is required and what is optional. Orientation may be individual or in a group session. It could provide information on the services available, including other community services." 3. Education and training program information, including: a. School -to -Career partnerships b. Internet job -search acoess/workshops c. Financial assistance prOgrams d. Apprenticeships and internships e. Western Governor's University f. Registration for community college classes 4. Multi -media resource library providing access to Internet -based services such as: a. America's Job Bank b. Colorado's Job Bank c. World Wide Web d. Colorado State Job Openings e. Workforce Development -home page-= S. Regional employers resource library providing labor market information on: a. Occupational trends b. Working conditions c. Placement rates d. Wage levels e. Skill requirements f. Job eligibility determination 2 971290 6. Skill assessment 'Assessment services are designed, usually through. interviewing O5-30 minutes), to determine each participant's employability, aptitudes, abilities, and interests and to develop a plan to achieve the participant's employment and related goals..." 7. Job referral/job placement "...Staff interviewers screen applicants for skills and qualifications and may refer them to employers with appropriate openings [based on the Colorado Job Bank system]. When no openings are available, [One -Stop] personnel may market the applicants'slcills with potential employers. Applicants who are unsure of their job goals or need to change occupations may explore interests, aptitudes and capabilities with skilled interviewers Referral to testing, specialized programs, other service providers [for fee -based programs] may be pan of this process..." 8. Self-help resume preparation resources (e.g. resources located in library, Internet, Job Link, Talent Bank, computer programs, etc.) 9. Veterans' benefits and services information Any One -Stop Center receiving Wagner-Peyser funds or housing Wagner-Peyser staff will provide veterans with priority employment and training services in accordance with federal law, U.S. Code title 38, Chapters 41 and 42. DVOP/LVER positions shall be state employees and are in addition to and shall not supplant Wagner-Peyser staff in providing priority employment and training services The full array of core services will be made available to veterans in the following order ofpriority. disabled veterans, Vietnam era veterans, veterans and other eligibles." 10. Referral services for community and social services, including: a. Welfare -to -work programs b. Employment programs for persons with disabilities c. Senior citizens' employment programs d. Community -based organizations (CBOs), Vocational Rehabilitation, Adult Literacy, etc. e. Youth Programs/Services 11. Intake and eligibility determination for JTPA 12. Services for Unemployment Insurance Claimants a. Work registration b. Assistance with obtaining suitable employment C. Core services for employers: 1. Professional account representatives and management (based on a comprehensive computerized system such that any staff member may be of service to the client-i.e. individual case managers unless client specifies) 2. Assistance in individual and mass recruiting 3 971290 3. Referrals of skilled applicants (e.g. "job match") 4. Information on available government incentives and services (e.g. Worker Opportunity Tax Credit (WOTC)) 5. Labor marketinformation; including: a Labor pools(i. occupational supply and demand availability) b.. Comparatives wage'ata c: SkllIlevels-ofaalentpool d. Demographic projections 6. Education,andttainingprogram information:sdch as: a. Colorado Fast b. Frictingdndustries.programs c. On-the-job training d. Financial assistance programs 7. Access to Internet -based services such as: a. America's Job Bank, b. Colorado's Job Bank c. America's Talenttank(once it is available) 8_ Information and/or refeiral services for • community and social services, including: a Welfare-to-workprogrems ., • : b. Localhcononuicadekrelopmeat programs c e ro ,Worpeisonswttliglrsabilities d. Semoroauz 's ooynie t.progranis'"'£ e. Layoffassrstaace .- "£�ci *' ". a- customizedaackage of services put together for employees who are about to be.laidof : Stifjwill providevmemployment insurance claims, as wellasjob play nnen a ancc:Othenervices may include LMI, employee job3earchFavontshopsrand/or referral: to agenciesproviding retraining assistance." 9. Employm dxotherinformation ontopics including - a. Work Compeomtion - - b..Labodaws:. c. Ageldiscximination d. Equal employment opportunity e. Americans with Disabilities Act f. Nontraditional recruitment g. School -to -career partnerships h. Vocational rehabilitation, CBOs, Adult Literacy, etc. 4 9712% V. EFFECTIVE DATE: The effective date of this PGL is July 1, 1997. VL JNOUIRIES• Any inquiries • nceming this PGL should be addressed to Employment and Training Programs, (303) .204204 or 620-4218. e Director Colorado Department of Labor and Employment 5 'tp:/iwo -.ucop.edu/raohome/ccrts/eo12549.html http•J/www.ucop.edu/miomdcortrko12549.6tm Executive Order 12549 51 F.R. 6370, February 18, 1986 Debarment and Suspension By the authority vested in me as President by the Constitution and laws of the United States of America, and in order to curb fraud, waste, and abuse in Federal programs. increase agency accountability, and ensure consistency among agency regulations concerning debarment and suspension of participants in Federal programs, it is hereby ordered that: Section 1.(a) To the extent permitted by law and subject to the limitations in Section 1(c), Executive departments and agencies shall participate in a system for debarment and suspension from programs and activities involving Federal financial and nonfinancial assistance and benefits. Debarment or suspension of a participant in a program by one agency shall have government -wide effect. (b) Activities covered by this Order include but are not limited to: grants, cooperative agreements, contracts of assistance, loans, and loan guarantees. (c) This Order does not cover procurement programs and activities, direct Federal statutory entitlements or mandatory awards, direct awards to foreign governments or public international organizations, benefits to an individual as a personal entitlement, or Federal employment. Sec. 2. To the extent permitted by law, Executive departments and agencies shall: (a) Follow government -wide criteria and government -wide minimum due process procedures when they act to debar or suspend participants in affected programs. (b) Send to the agency designated pursuant to Section 5 identifying information concerning debarred and suspended participants in affected programs, participants who have agreed to exclusion from participation. and participants declared ineligible under applicable law, including Executive Orders. This information shah be included in the list to be maintained pursuant to Section 5. {c} Not allow a party to participate in any affected program if any Executive department or agency has debarred, suspended, or otherwise excluded {to the extentteoified in the exclusion agreement) that party from participation in an affected program. An agencymay grant an exception permitting a debarred. suspended. or excluded party to participate in a particular transaction, upon a written determination by the agency head or authorized designee stating the reason(s) for deviating from this Presidential policy. However, I intend that exceptions to this policy should be granted only infrequently. Sac. 3. Executive departments and agencies shall issue regulations governing their implementation of this Order that shall be consistent with the guidelines issued under Section 6. Proposed regulations shall be submitted to the Office of Management and Budget for review within four months of the date of the guidelines issued under Section 6. The Director of the Office of Management and Budget may return for reconsideration proposed regulations that the Director believes are inconsistent with the guidelines. Final regulations shall be published within twelve months of the date of the guidelines. Sec. 4. There is hereby constituted the Interagency Committee on Debarment and Suspension, which 1 of 2 9'71g402, 08:24:)1 http://www.uccrp.edu/mohomelcerts/eo I2549.html http://www.ucop.edu/raohome/certs/co12549.htrn; shall monitor implementation of this Order. The Committee shall consist of .representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other relateddetails for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make such recommendations as are appropriate further to curb fraud. waste, end abuse.. THE WHITE HOUSE, February 18, 1986. 9712% 07/02/97 08:24:32 http://www.ump.edu/raohome/certs/eo12549.html ww.ucop.edu/raohome/certs/eo 12549.html http://www.ucop.edu/raohomekerts/e012549.hhol shall monitor implementation of this Order. The Committee shall consist of .representatives of agencies designated by the Director of the Office of Management and Budget. Sec. 5. The Director of the Office of Management and Budget shall designate a Federal agency to perform the following functions: maintain a current list of all individuals and organizations excluded from program participation under this Order, periodically distribute the list to Federal agencies, and study the feasibility of automating the list; coordinate with the lead agency responsible for government -wide debarment and suspension of contractors; chair the Interagency Committee established by Section 4; and report periodically to the Director on implementation of this Order, with the first report due within two years of the date of the Order. Sec. 6. The Director of the Office of Management and Budget is authorized to issue guidelines to Executive departments and agencies that govern which programs and activities are covered by this Order, prescribe government -wide criteria and government -wide minimum due process procedures, and set forth other related details for the effective administration of the guidelines. Sec. 7. The Director of the Office of Management and Budget shall report the President within three years of the date of this Order on Federal agency compliance with the Order, including the number of exceptions made under Section 2(c), and shall make such recommendations as are appropriate further to curb fraud. waste, end abuse.. THE WHITE HOUSE, February 18, 1986. 371230 2 of 2 07/02/97 08:24:32 - Participants' responsibilities. h ://www.dol. ov/dol/oasem/ bP B pnblichega/cfr29cfrhac_PeM-99Ap9$.OS10hta 29 CFR 98.510 --DISCLAIMER--- 98.510 - Participants' responsibilities. ❑ Standard Number: 98.510 o Standard Title: Participants' responsibilities. ❑ SubPart Number: E O SubPart Title: Responsibilities of GSA, Department of Labor and Participants (a) Certification by participants in primary covered transactions Each participant shall submit the certification in appendix A to this part for it and its principals at the time the participant submits its proposal in connection with a primary covered transaction, except that States need only complete such certification as to their principals. Participants may decide the method and frequency by which they determine the eligibility of their principals. In addition, each participant may, but is not required to, check the Nonprocurement List for its principals (Tel. y1B). Adverse information on the certification will not necessarily result in denial of participation. However, the certification, and any additional information pertaining to the certification submitted by the participant, shall be considered in the administration of covered transactions. (b) Certification by participants in lower tier covered transactions. (1) Each participant shall require participants in lower tier covered transactions to include the certification in appendix B to this part for it and its principals in any proposal submitted in connection with such lower tier covered transactions. (2) A participant may rely upon the certification of a prospective participant in a lower tier covered transaction that it and its principals are not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction by any Federal agency, unless it knows that the certification is erroneous. Participants may decide the method and frequency by which they determine the eligiblity of their principals. In addition, a participant may, but is not required to, check the Nonprocurement List for its principals and for participants (Tel. yis). (c) Changed circumstances regarding certification. A participant shall provide immediate written notice to Department of Labor if at any time the participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Participants in lower tier covered transactions shall provide the same updated notice to the participant to which it submitted its proposals. Source: 55 FR 21688, 21696, May 25, 1990, unless otherwise noted. 1 of I ` ' 71F0aa7 08:15:44 31 HSC Sot, 135'4431/16/96) http://www.law.conseltedohamode/31/1351fitoz ;Section 319, Public Law 101-121) § 1352. Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions ❑ (a)(1) None of the funds appropriated by any Act may be expended by the recipient of a Federal contract, grant, loan, or cooperative agreement to pay 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 any Federal action described in paragraph (2) of this subsection. O (2) The prohibition in paragraph (I) of this subsection applies with respect to the following Federal actions: • (A) The awarding of any Federal contract. ■ (B) The making of any Federal grant. • (C) The making of any Federal loan. ■ (D) The entering into of any cooperative agreement. • (E) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ❑ (b)(1) Each person who requests or receives a Federal contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan shall file with that agency, in accordance with paragraph (4) of this subsection - ■ (A) a written declaration described in paragraph (2) or (3) of this subsection, as the case may be; and ■ (B) copies of all declarations received by such person under paragraph (5). ❑ (2) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a Federal contract, grant, loan, or cooperative agreement shall contain - ■ (A) the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the person with respect to that Federal contract, grant, loan, or cooperative agreement; and • (B) a certification that the person malting the declaration has not made, and will not make, any payment prohibited by subsection (a). ❑ (3) A declaration filed by a person pursuant to paragraph (1)(A) of this subsection in connection with a commitment providing for the United States to insure or guarantee a loan shall contain the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on behalf of the person in connection with that loan insurance or guarantee. ❑ (4) A person referred to in paragraph (1)(A) of this -subsection shall file a declaration referred to in that paragraph - - - - ■ (A) with each submission by such person that initiates agency consideration of such person for award of a Federal contract, grant, loan, or cooperative agreement, or for grant of a commitment providing for the United States to insure or guarantee a loan; • (B) upon receipt by such person of a Federal contract, grant, loan, or cooperative agreement or of a commitment providing for the United States to insure or guarantee a loan, unless such person previously filed a declaration with respect to such contract, grant, loan, cooperative agreement or commitment pursuant to clause (A); and • (C) at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any declaration previously filed by such person in connection with such Federal contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment. ❑ (5) Any person who requests or receives from a person referred to in paragraph (I) of this subsection a subcontract under a Federal contract, a subgrant or contract under a Federal 1 of 4 9'71290 07/02/97 09:07:37 31 USC Sec. 1352 (01/16/96) http://www.law.comell.edulusco" 31/I?52.html subsection a subcontract under a Federal contract, a subgrant or contract under a Federal grant, a contract or subcontract to carry out any purpose for which a particular Federal loan is made, or a contract under a Federal cooperative agreement shall be required to file with the person referred to in such paragraph a written declaration referred to in clause (A) of such paragraph. ❑ (6) The Director of the Office of Management and Budget, after consulting with the Secretary of the Senate and the Clerk of the House of Representatives, shall issue guidance for agency implementation o>~ and compliance with, the requirements of this section. O (c)(1) Any person who makes an expenditure prohibited by subsection (a) of this section shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. ❑ (2)(A) Any person who fails to file or amend a declaration required to be filed or amended under subsection (b) of this section shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (B) A filing of a declaration of a declaration amendment on or after the date on which an administrative action for the imposition of a civil penalty under this subsection is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. For the purposes of this subparagraph, an administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure. ❑ (3) Sections 3803 (except for subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812 of this title shall be applied, consistent with the requirements of this section, to the imposition and collection of civil penalties under this subsection. ❑ (4) An imposition of a civil penalty under this subsection does not prevent the United States from seeking any other remedy that the United States may have for the same conduct that is the basis for the imposition of such civil penalty. ❑ (d)(1)(A) Subsection (a)(1) of this section does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement to the extent that the payment is for agency and legislative liaison activities not directly related to a Federal action referred to in subsection (a)(2) of this section. • (B) Subsection (a)(1) of this section does not prohibit any reasonable payment to a person in connection with, or any payment of reasonable compensation to an officer or employee of a person requesting or receiving, a Federal contract, grant, loan, or cooperative agreement or an extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement. ■ (C) Nothing in this paragraph shall be construed as permitting the use of appropriated funds for making any payment prohibited in or pursuant to any other provision of law. ❑ (2) The reporting requirement in subsection (b) of this section shall not apply to any person with respect to - ■ (A) payments of reasonable compensation made to regularly employed officers or employees of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan; ■ (B) a request for or receipt of a contract (other than a contract referred to in clause (C)), grant, cooperative agreement, subcontract (other than a subcontract referred to 971290 2 of 07/02/97 09:07:38 31 1)SC Sec. 1352 (01/16/96) http://www.law.cometodu/osonde/31/1352.hun (C)), grant, cooperative agreement, subcontract (other than a subcontract referred to in clause (C)), or subgrant that does not exceed $100,000; and ■ (C) a request for or receipt of a loan, or a commitment providing for the United States to insure or guarantee a loan, that does not exceed $150,000, or the single family maximum mortgage limit for affected programs, whichever is greater, including a contract or subcontract to carry out any purpose for which such a loan is made. ❑ (e) The Secretary of Defense may exempt a Federal action described in subsection (a)(2) from the prohibition in subsection (a)(1) whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such determination. ❑ (f) The head of each Federal agency shall take such actions as are necessary to ensure that the provisions of this section are vigorously implemented and enforced in such agency. ❑ (g) As used in this section: O (1) The term "recipient", with respect to funds received in connection with a Federal contract, grant, loan, or cooperative agreement - II (A) includes the contractors, subcontractors, or subgrantees (as the case may be) of the recipient; but • (B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures that are by such tribe or organization for purposes specified in subsection (a) and are permitted by other Federal law. ❑ (2) The term "agency" has the same meaning provided for such term in section 552(f) of title 5, and includes a Government corporation, as defined in section 9101(1) of this title. o (3) The term "person" - II (A) includes an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit or not for profit; but ■ (B) does not include an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency but only with respect to expenditures by such tribe or organization that are made for purposes specified in subsection (a) and are permitted by other Federal law. ❑ (4) The term "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and a multi -State, regional, or interstate entity having governmental duties and powers. - - ❑ (5) The term "local government" means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, the following entities: • (A) A local public authority. • (B) A special district. • (C) An intrastate district. ■ (D) A council of governments. ■ (E) A sponsor group representative organization. ■ (F) Any other instrumentality of a local government. ❑ (6)(A) The terms "Federal contract", "Federal grant", "Federal cooperative agreement" mean, respectively - ■ (i) a contract awarded by an agency; • (ii) a grant made by an agency or a direct appropriation made by law to any 9712D0 1254) 3 of 4 07/02/97 09:07:38 31 USC Sec. 1352 (01/16/96) http7/wwwiaw.comell.edu/usce-e/31/12f2.Mmt person; and ■ (iii) a cooperative agreement entered into by an agency. ■ (B) Such terms do not include - ■ (i) direct United States cash assistance to an individual; • (ii) a loan; • (iii) loan insurance; or ■ (iv) a loan guaranty. O (7) The term "Federal loan" means a loan made by an agency. Such term does not include loan insurance or a loan guaranty. O (8) The term "reasonable payment" means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. ❑ (9) The term "reasonable compensation" means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. O (10) The term "regularly employed", with respect to an officer or employee of a person requesting or receiving a Federal contract, grant, loan, or cooperative agreement or a commitment providing for the United States to insure or guarantee a loan, means an officer or employee who is employed by such person for at least 130 working days within one year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract, grant, loan, cooperative agreement, loan insurance commitment, or loan guaranty commitment. ❑ (11) The terms "Indian tribe" and "tribal organization" have the meaning provided in section 4 of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450b). 971290 4 of 4 07/02/97 09:07:39 93.110 - Certification and disclosure. http://www.dol.gov/dol/oasam/public/regs/cfr/29ctiltoc_Part0-99/0093.0110.htr 29 CFR 93.110 ---DISCLAIMER--- 93.110 - Certification and disclosure. ❑ Standard Number: 93.110 ❑ Standard Title: Certification and disclosure. ❑ SubPart Number: A O SubPart Title: General (a) Each person shall file a certification, and a disclosure form, if required, with each submission that initiates agency consideration of such person for: (1) Award of a Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) An award of a Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000. (b) Each person shall file a certification, and a disclosure form, if required, upon receipt by such person of (1) A Federal contract, grant, or cooperative agreement exceeding $100,000; or (2) A Federal loan or a commitment providing for the United States to insure or guarantee a loan exceeding $150,000, Unless such person previously filed a certification, and a disclosure form, if required, under paragraph (a) of this section. (c) Each person shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under paragraphs (a) or (b) of this section. An event that materially affects the accuracy of the information reported includes: (1) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or, (3) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (d) My person who requests or receives from a person referred to in paragraphs (a) or (b) of this section: (1) A subcontract exceeding $100,000 at any tier under a Federal contract; (2) A subgrant, contract, or subcontract exceeding $100,000 at any tier under a Federal grant; (3) A contract or subcontract exceeding $100,000 at any tier under a Federal loan exceeding $150,000; or, (4) A contract or subcontract exceeding $100,000 at any tier under a Federal cooperative agreement, Shall file a certification, and a disclosure form, if required, to the next tier above. (e) All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the person referred to in paragraphs (a) or (b) of this section. That person shall forward all disclosure forms to the agency. (1) Any certification or disclosure form filed under paragraph (e) of this section shall be treated as a material representation of fact upon which all receiving tiers shall rely. MI liability arising from an erroneous representation shall be borne solely by the tier filing that representation and shall not be shared 9712D0 1 of 2 07/02/97 08:16:54 93.110 - Certification and disclosure. http://www.dol.govicloVoasam/public/regs/cfr/29cfr/toc_Part0-99/0093.0110.htrn by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S.C. (g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days. (h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C. 971290 2 nr 2 07/02/97 08:16:54 93.110 - Ce-tification and disclosure. hUp://www.dol.gov/dol/oasam/public/regs/cfr/29cfritoe_Part0-99/0093.0110.htm by any tier to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the United States may pursue all available remedies, including those authorized by section 1352, title 31, U.S.C. (g) For awards and commitments in process prior to December 23, 1989, but not made before that date, certifications shall be required at award or commitment, covering activities occurring between December 23, 1989, and the date of award or commitment. However, for awards and commitments in process prior to the December 23, 1989 effective date of these provisions, but not made before December 23, 1989, disclosure forms shall not be required at time of award or commitment but shall be filed within 30 days. (h) No reporting is required for an activity paid for with appropriated funds if that activity is allowable under either subpart B or C. 9712,•,99 2 of 2 07/02/97 08:16:54 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. GEORGE E. BAXTER, CHAIR, WELD COUNTY BOARD OF COMMISSIONERS Name And Title Of Authorized Representative 4.7{ (t -Ad Sign a Date ATTACHMENT C 07/09/97 971290 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. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with 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. 971290 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 modificationof 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 empoloyee of any agency, a Maember 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 relicance 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 BOARD OF COMMISSIONERS WELD COUNTY ONE -STOP CAREER CENTER Grantee/Contractor Organization Program/Title GEORGE E. BAXTER, CHAIR Name of Certifying Official 07/09/97 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). ATTACHMENT D ROY ROMER Governor JON NUMAIR Executive Director August 1, 1997 DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF THE EXECUTIVE DIRECTOR FINANCE OFFICE 1515 ARAPAHOE ST., T-2, SUITE 700 DENVER, CO 80202-2117 Ph. 303-620-4441 Fax 303-620-4485 George E. Baxter Chair Board of County Commissioners of Weld County 915 10th Street P.O. Box 758 Greeley, CO 80632 C� Re: Transmittal of Fully Executed Original Contract C) Dear Mr. Stewart: I enclose herewith one (1) fully executed original of a Contract ("Contract") between the Colorado Department of Labor and Employment and the Board of County Commissioners of Weld County. If you have any questions, please call me at your convenience at (303) 620-4441 Sincerely, Kent Patrick Long Contracts Administra end. cc: Judi Richendifer; CDLE, EP xc: CDLE Contract File No. 98-1121 271?q© ROY ROMER Governor JON NUMAIR Executive Director JUDITH RICHENDIFER Director Fcot, taca ♦ r • /876 DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF EMPLOYMENT PROGRAMS Two Park Central, Suite 400 1515 Arapahoe Street Denver, CO 80202-2117 303/620-4200 FAX 303/620-4257 July 3, 1997 Ms. Constance L. Harbert, Chairman Pro Tem Board of Weld County Commissioners PO Box 758 Greeley, CO 80632 Dear Ms. Harbert: Attached is the final version of the one -stop operations contract, and all relevant attachments, for your review and signature. The final version incorporates many of the comments and concerns submitted by the first -year implementation regions: Page 8, ¶E9 Page 9, ¶H2 Pages 9-10, ¶H3a Page 11, ¶H3d(10) Page 14, ¶112 Page 15, ¶J3 & 4 Page 22, ¶J14C Page 32, ¶Kl1 "Chief elected official" has been changed to "Contractor" The second sentence has been revised to permit subleasing through the State The title of the FTE allocation exhibit has been changed "Personal" has been changed to "Personnel" The second sentence has been revised to clarify that a contractor might have JTPA or TANF contracts. The federal references are attached to the contract. The concept of "contract rate" has been clarified. New provision required on all contracts as of July 1, 1997. Provision applies only to private sector vendors. Please return the signed contract to us by close of business Friday, July 11, 1997. Due to fiscal constraints, if you are not able to sign and return the contract by then, the contract be reissued with an effective date of October 1, 1997. We are sorry about the short turnaround time, but the negotiation process took significantly longer than anticipated and the contract was not finalized until this week. Respectfull Jon Numair Executive Director 971290 COLORADO mEmORAIMU Weld County Board of Commissioners To George E. Baxter, Chairman Date July 7, 1997 From Walter J. Speckman, Executive Director of Human Serva,ces.--: Subject?ntergovernmental Contract between the State of Colorado and the Board of County Commissioners of Weld County Enclosed for Board approval and signature is an Intergovernmental Contract with the Colorado, Department of Labor and Employment. This Contract provides for the delivery of core services and basic labor exchange under the Wagner Peyser requirements and outlines the One -Stop Career Center concept and requirements. Contract funds awarded for PY 97-98 are $252,859.00 (Two Hundred and Fifty -Two Thousand, Eight Hundred and Fifty -Nine Dollars) for the period of July 1, 1997 through June 30, 1998. The Contract is for 3 (three) years, with yearly fiscal changes. If you have any questions, please telephone me at 353-3800, extension 3317. 971290 Hello