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Home My WebLink About20203484.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR DISASTER RECOVERY NATIONAL DISLOCATED WORKER GRANT (CORESPONDS) AND NATIONAL EMPLOYMENT RECOVERY DISLOCATED WORKER GRANT (RECOVERCO) AND AUTHORIZE CHAIR TO SIGN - JEFFERSON COUNTY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Memorandum of Understanding for the National Dislocated Worker Grant (COResponds) and the National Employment Recovery Dislocated Worker Grant (RecoverCO) 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 Jefferson County, commencing upon full execution of signatures, and ending January 31, 2022, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding for the National Dislocated Worker Grant (COResponds) and the National Employment Recovery Dislocated Worker Grant (RecoverCO) 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 Jefferson County, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. cc: HSD ‘2. /42/2O 2020-3484 HR0092 MEMORANDUM OF UNDERSTANDING FOR DISASTER RECOVERY NATIONAL DISLOCATED WORKER GRANT (CORESPONDS) AND NATIONAL EMPLOYMENT RECOVERY DISLOCATED WORKER GRANT (RECOVERCO) - JEFFERSON COUNTY The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of November, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datAvs)to•� Weld County Clerk to the Board BY: APP Kevin D. Ross County A ttorney Date of signature: JaL/OI /20 Mike Freeman, Chair EXCUSED StevfMoreno, pro-Tem K. James arbara Kirkme 2020-3484 HR0092 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: November 18, 2020 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Memorandum of Understanding with Jefferson County for the Colorado Department of Labor and Employment (CDLE) Recovery Grant Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of Employment Services of Weld County (ESWC) Memorandum of Understanding (MOU) with Jefferson County, Colorado. Employment Services of Weld County (ESWC) is seeking to enter into a Memorandum of Understanding (MOU) with Jefferson County. The purpose of the MOU is to establish an agreement between the parties concerning respective roles and responsibilities for implementation of the Recovery Grant awarded by the Colorado Department of Labor and Employment (CDLE). The grant's purpose is to provide career services, training services, supportive services, on-the-job training, administrative costs and program costs pursuant the Workforce Innovation and Opportunity Act (WIOA) Section 3(15). The grant includes two sub -awards; one for RecoverCO and the other for COResponds. The amounts associated with each subaward for Weld are $291,251.73 and $289,240.30 respectively. ESWC will seek reimbursement through these subawards under this MOU. The period of performance for this MOU is retroactive to April 15, 2020, and shall continue through January 31, 2022, upon proper execution by both parties or unless otherwise terminated or updated by one of the parties pursuant to the terms of the MOU. The MOU and exhibits have been reviewed and approved by Legal (G. Kalousek). Pass -Around Memorandum; November 18, 2020 — CMS 4258 Page 1 2020-3484 PRIVILEGED AND CONFIDENTIAL I do not recommend a Work Session. I recommend approval of this MOU and authorize the Chair to sign. Mike Freeman, Chair Scott James Barbara Kirkmeyer Steve Moreno, Pro-Tem Kevin Ross Approve Recommendation Work Session Schedule Other/Comments: Pass -Around Memorandum; November 18, 2020 — CMS 4258 Page 2 Karla Ford From: Sent: To: Cc: Subject: Approve Sent from my iPhone Barbara Kirkmeyer Wednesday, November 18, 2020 6:19 PM Steve Moreno Karla Ford; Kevin Ross Re: Please Reply - PA FOR ROUTING: Recovery Grant MOU (CMS 4258) On Nov 18, 2020, at 3:18 PM, Steve Moreno <smoreno@weldgov.com> wrote: Approve Sent from my iPhone On Nov 18, 2020, at 2:28 PM, Karla Ford <kford@weldgov.com> wrote: Please advise if you approve recommendation. Thank you. Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford a(},weldgov.com :: www.weldgov.com :. **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image003.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tobi Cullins <cullinta@weldgov.com> Sent: Wednesday, November 18, 2020 2:22 PM To: Karla Ford <kford@weldgov.com> Cc: HS Contract Management<HS-ContractManagement@co.weld.co.us> Subject: PA FOR ROUTING: Recovery Grant MOU (CMS 4258) Karla, Please see attached PA for routing. If at all possible, we would like to try to have an approved PA by CTB's deadline of Monday, November 23, at 10:30a, as we would like this item on the November 25 Agenda. Thank you! 1 RECOVERY GRANT MEMORANDUM OF UNDERSTANDING THIS RECOVERY GRANT MEMORANDUM OF UNDERSTANDING (this "MOU"), dated for reference purposes only this 2nd day of November, 2020, is made and entered into by and between Jefferson, County, Colorado, a body politic and corporate ("Jefferson County") on behalf of the Tri-County Workforce Area, and Employment Services of Weld County ("Grantee," and together with Jefferson County, the "Parties"). WHEREAS, the U.S. Department of Labor (the "DOL") awarded the Colorado Department of Labor and Employment ("CDLE") (a) $4,995,000 to implement the Disaster Recovery National Dislocated Worker Grant ("COResponds") and (b) $4,995,000 to implement the National Employment Recovery Dislocated Worker Grant ("RecoverCO") to address the workforce -related impacts and temporarily expand the service capacity of the Dislocated Worker program in response to the COVID-19 pandemic; WHEREAS, on June 11, 2020, CDLE subawarded $1,512,996 in RecoverCO funds and $1,502,547 in COResponds funds to Jefferson County, in its capacity as the "Hub Administrator" for the Tri-County Workforce Area, Adams County, Boulder County, Larimer County and Weld County. As the Hub Administrator for this regional partnership, Jefferson County is required to, among other things, enter into memorandums of understanding with each partner, track each partner's progress toward meeting grant goals, and report certain outcomes to CDLE; WHEREAS, pursuant to the terms of this MOU, Jefferson County is subawarding a portion of the RecoverCo and COResponds funds received from CDLE to Grantee, which funds must be used in accordance with the terms of this MOU; WHEREAS, the Parties collectively agree to ensure the goals outlined in the Scope of Services below are met or exceeded. NOW, THEREFORE, it is hereby agreed that: 1. SUBAWARDS a. Jefferson County hereby subawards to Grantee the following: (a) $291,251.73 in RecoverCO funds (the "RecoverCO Funds"); and (b) $289,240.30 in COResponds funds (the "COResponds Funds," and together with the RecoverCO Funds, the "Grant Funds"). The RecoverCO Funds include: (i) $108,935.71 in funding for career services; (ii) $68,084.82 in funding for training services; (iii) $68,084.82 in funding for supportive services; (iv) $27,233.93 in funding for on-the-job training; and (v) $18,912.45 in funding for administrative costs. The COResponds Funds include: (i) $270,458.46 in funding for program costs; and (ii) $18,781.84 in funding for administrative costs. b. If mutually agreed upon by the Parties, Jefferson County may increase or decrease the amount of the subawards as needed to meet overall grant goals through the issuance of a grant funding change letter signed by an authorized signatory of Jefferson County. 1 abab- 3�8� 2. SCOPE OF SERVICES a. Grantee shall use all RecoverCO funds in accordance with Exhibit A, the RecoverCO Scope of Work. b. Grantee shall use all COResponds Funds in accordance with Exhibit B, the COResponds Scope of Work. 3. TERM AND PERIOD OF PERFORMANCE: a. This period of performance shall begin April 15, 2020, and end January 31, 2022. The term of this MOU shall begin upon its execution by both Parties and shall terminate upon the conclusion of the Parties responsibilities hereunder. b. If CDLE extends the period of performance of either or both of the RecoverCO and COResponds grants, Jefferson County may amend this MOU to make corresponding changes to the period of performance(s) through the issuance of a change letter signed by an authorized signatory of Jefferson County. c. Jefferson County reserves the right to terminate this MOU at any time if Grantee is not in material compliance with the terms hereof; but only if Jefferson County gives Grantee written notice of non-compliance and Grantee fails to correct such non- compliance within 10 days after receipt of notice. 4. REIMBURSEMENT OF EXPENDITURES: This MOU is a cost reimbursement agreement. Grantee shall invoice Jefferson County on a monthly basis for allowable expenditures incurred by Grantee during the prior month. Grantee's invoices shall separate requests for reimbursement of RecoverCO and COResponds Funds and shall include sufficient detail and supporting documentation for Jefferson County to determine allowability of the expenditures. Jefferson County shall attempt to process reimbursement requests submitted by Grantee within forty-five (45) days of receipt of each invoice. Jefferson County reserves the right to disapprove any expenditures as not allowable in whole or in part in accordance with the terms of this MOU. If additional source documentation is required to clarify expenditures, Grantee shall provide the requested documentation. This MOU is federally funded, and all expenditures must comply with all applicable Office of Management and Budget guidelines and principals related to allocable and allowable costs. Cost reimbursement is contingent on sufficient funds being available for purposes hereof. 5. PERFORMANCE MEASURES: Grantee shall meet the performance requirements set forth in Exhibits A and B. 6. RECORDKEEPING AND AUDIT: Grantee shall: a. Maintain an effective system of internal fiscal control and accountability to track all Grant Funds and Grant Fund expenditures and to ensure the proper use of all Grant Funds. b. In the event that any Grant Funds are provided to a subcontractor or subrecipient, Grantee shall effectively monitor their use of the Grant Funds in accordance with all applicable federal and State requirements; 2 c. Maintain Grant Fund expenditure and reimbursement records for a period of three (3) years after receipt of reimbursement or such longer period of time as is required by applicable law or guidance. d. Permit representatives of Jefferson County, CDLE or the DOL to inspect and audit Grantee's records with respect to all matters authorized by this MOU at any time during normal business hours for the purpose of verifying compliance with the terms of this MOU, and to fully cooperate with such inspection and/or audit. 7. REPORTING. a. Fiscal Reporting: Grantee shall separately report all expenditures and accruals of RecoverCO Funds and COResponds Funds to Jefferson County. b. Narrative Reporting: Grantee shall submit separate monthly progress report charts and quarterly narrative reports for the RecoverCo and COResponds programs, using the reporting templates provided by CDLE. Grantee will also track and document its strategic planning activities, partner engagement, customer success stories, and additional career service and training outcomes for the purpose of analyzing sector strategy planning and outcome effectiveness. Under WIOA, regional sector strategy projects are specifically encouraged, so these additional reporting elements will be useful as the state moves towards WIOA aligned programs and goals. The submission of success stories will be a required element of the monthly report. c. Deadlines: The above reporting shall be submitted at mutually agreeable dates that leave sufficient time for Jefferson County to complete its reporting obligations to CDLE. 8. CONFIDENTIALITY: Grantee shall use reasonable security measures to ensure the confidentiality of any confidential information that Grantee may have access to in the course of Grantee's performance of its obligations hereunder subject to the requirements of the Colorado Open Records Act (§ 24-72-201 et seq). 9. LIABILITY: The Parties agree to be responsible for the acts and omissions of their respective employees, agents, subcontractors or subrecipients. 10. NOTICE: All notices required or permitted to be provided hereunder shall be made in writing and delivered by mail or email to the following addresses: a. Jefferson County Kat Douglas Director of Community and Workforce Development Jefferson County Human Services 3500 Illinois Street, Suite 1600 Golden, CO 80401 Tel: 303-271-8372 E-mail: kdouglas@jeffco.us with a copy to: Jefferson County Attorney 100 Jefferson County Pkwy. 3 Golden, Colorado 80419-5500 Tel: 303-271-8900 E -Mail: CAOContracts@jeffco.us b. Grantee Lora K. Lawrence Workforce Director Employment Services of Weld County Weld County Department of Human Services Tel: 970-400-6303 E-mail: Iawrence@weldgov.com Either Party may freely update their respective notice address by notice to the Party. 11. SUBCONTRACTORS/SUBRECIPIENTS: Grantee shall be responsible for binding all subcontractors or subrecipients engaged in the performance of Grantee's responsibilities hereunder to all applicable terms and for monitoring their compliance herewith. 12. GOVERNING LAW/FORUM/INTERPRETATION: This MOU shall be governed by the laws of the State of Colorado. Venue for any civil action relating to this MOU shall be in the District Court for Jefferson County. Both parties agree that the rule that ambiguities in a contract are to be construed against the drafting party shall not apply to the interpretation of this MOU. If there is any conflict between the language of this MOU and any exhibit or attachment, the language of this MOU shall govern. 13. THIRD -PARTY BENEFICIARIES: It is expressly understood and agreed that the enforcement of this MOU and all rights of action relating thereto shall be strictly reserved to the Parties. Nothing contained in this MOU shall give or allow any claim or right of action whatsoever by any other third person. 14. INFORMATIONAL OBLIGATIONS: Each Party hereto will meet its obligations as set forth in C.R.S. 29-1-205, as amended, to include information about this MOU in a filing with the Division of Local Government; however, failure to do so shall in no way affect the validity of this MOU or the remedies available to the Parties hereunder. 15. GOVERNMENTAL IMMUNITIES: The Parties hereto intend that nothing herein shall be deemed or construed as a waiver by either Party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (Section 24-10-101, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity. 16. COMPLIANCE WITH LAWS: The Parties shall perform their obligations under this MOU in full compliance with all applicable laws, rules, regulations and guidance. Without limiting the foregoing, Grantee shall perform its obligations hereunder in accordance with all applicable terms of the WIOA Funds exhibit attached hereto as Exhibit C and Grantee's Agreement for Workforce Development Programs with CDLE. 4 DocuSign Envelope ID: E832EFDC-2695-4646-9BED-1EA6D3DCE604 17. COMPLETE INTEGRATION/MODIFICATIONS: This MOU and its exhibits is the complete integration of all understandings between the Parties. No modification to this MOU shall be effective unless agreed to in a written amendment signed by both Parties. Notwithstanding the foregoing, Jefferson County may increase or decrease the amount of the Grant Funds by letter as provided in Section 1(b) or extend the period of performance by letter as provided in Section 3(b). 18. COUNTERPARTS: This MOU may be executed in multiple identical original counterparts, with original snatures by each Party, all of which shall constitute one agreement. 19. ELECTRONIC SIGNATURES: The Parties approve the use of electronic signatures for execution of this MOU. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24 71.3 101 to -121. 20. LIMITATION OF LIABILITY. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING FROM OR RELATING TO THIS MOU, REGARDLESS OF ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. GRANTEE'S AGGREGATE LIABILITY, IF ANY, ARISING FROM OR RELATED TO THIS MOU, WHETHER IN CONTRACT, OR IN TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS PAID TO GRANTEE HEREUNDER. IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be executed as of the date set forth herein by their duly authorized representatives. COUNTY OF JEFFERSON, STATE OF COLORADO By: '"`4 0 Mary C. Berg, Executive Director Department of Human Services STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Memorandum of Understanding was acknowledged before me on 12/1/2020 by Mary C. Berg as Executive Director of the Department of Human Services, County of Jeffersopr_LEVA9olorado. ALAKSANDRA SEVIER NOTARY PUBLIC STATE OF COLORADO Notary ID: 20194045193 My commission expires 12/5/2023 MateriAsfofficialietignature DAN# 20194045193-946838 [Electronic Notarization Only] DocuSign Envelope ID: E832EFDC-2B95-4646-9BED-1EA6D3DCE604 APPR®ued@ FORM: ,)(.alA, bietAIA co94rgaa2ca44se... Jean R. Biondi Assistant County Attorney GRANTEE: Weld County Government By: STATE OF COLORADO COUNTY OF WELD COUNTY Mike Freeman, Board Chair Board of County Commissioners NOV 2 5 2020 The foregoing Memorandum of Understanding was acknowledged before me on November 25, 2020 by Mike Freeman, Chair, Boar of Weld County Commissioners. CHERYL LYNN HOFFMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144048044 MY COMMISSION EXPIRES DEC. 19, 2022 Notary's o DAN# [Electronic Notarization Only] 6 020020 - 3 Y'3174 Exhibit A RecoverCO Scope of Work A. Background RecoverCO Funds shall be used to administer employment and training assistance to "dislocated workers," as that term is defined in WIOA Section 3(15), in accordance with the terms of this Exhibit A and the MOU. B. Eligible Participants Individuals who meet the definition of "dislocated worker" in WIOA Section 3(15) are eligible to receive services under the RecoverCo grant. C. Recruitment of Participants Grantee should use Labor Market Information (LMI) to appropriately target outreach and services to dislocated worker populations. Coordination with Unemployment Insurance (UI) Programs is strongly encouraged to ensure that UI claimants, individuals who have exhausted UI benefits, and other dislocated workers encountering long-term unemployment are contacted regarding the services available through this program to help them find or sustain employment. Local areas are encouraged to collaborate within their designated local area hub to coordinate outreach to dislocated workers. D. Program Activities The following program activities are allowable under the RecoverCO grant: 1. Career Services WIOA Title I Career services are described in TEGL 19-16, Section C. These include services and activities to help support dislocated workers in making informed decisions based on local and regional economic demand for the purpose of achieving reemployment and education goals. These include but are not limited to: outreach, intake, labor exchange services, initial and comprehensive assessments, development of an individual employment plan, referrals, provision of labor market information, provision of information on eligible training providers, and provision of information on the availability of supportive services. • Work Experiences/Internships Work experiences/internships may be paid or unpaid and will be primarily short term in nature; the goal of a work experience is to equip individuals with actual hands-on experience in their new career field to help build their resumes. Work experiences may be used concurrently or in conjunction with classroom vocational training through the Community College system or other educational institution, but it is not required. 2. Training Services Training and work -based training models are a key component of RecoverCO. Training is effective in helping job seekers to quickly re-enter the workforce, learn the desired skills in the workplace, and obtain or retain employment utilizing the newly acquired skills and competencies. Training and work -based training services will utilize existing strategies that will emphasize and link pre- vocational training and credentialing with work -based training such as work experiences, On -the -Job Training, registered and other apprenticeships, incumbent worker training, transitional jobs training, and customized or cohort training, and will utilize existing sector and career pathways strategies that target high demand occupations. Authorized Training services are the same as formula WIOA Dislocated Worker programs and are subject to the limitations or requirements as applicable to the WIOA Dislocated Worker formula program delineated in Federal, state and local guidance. Training programs must be selected from the Eligible Training Provider List (ETPL). 3. Supportive Services Supportive services are allowable when they are needed to enable individuals to participate in employment and training services and when supportive services cannot be obtained through other programs. Supportive service policies must align with PGL WIOA-2017-11, WIOA Title I Supportive Services and local area supportive service policies; any supportive services provided must be consistent with WIOA and the purposes of this grant. Supportive services may include resources that are specific to the unique nature of the pandemic and the methods used to curtail its spread. Barriers that can be addressed with supportive services may include but are not limited to: access to the technology required to work remotely, loss of, or decreased availability of childcare, personal protective equipment, increased costs for transportation, rental and utility assistance. 4. Needs -Related Payments Needs -related payments are allowable and may be provided as a supportive service to participants who are unemployed and have exhausted their unemployment benefits to enable them to participate in training. Needs -related payments must align with PGL WIOA-2017-13, WIOA Title I Needs Related Payments and located area needs -related payment policies; and needs -related payments must be consistent with WIOA and the purposes of the RecoverCo grant. E. Program Enrollment and Exits The program code used in Connecting Colorado to track performance for the RecoverCO is ER. Standard activity codes used for WIOA and Wagner-Peyser activities in Connecting Colorado will also apply to this grant. Co -enrolling customers into other programs, when appropriate, is optional, but highly encouraged to leverage resources. Please see the Funding Streams Desk Aid to determine which programs are appropriate for co -enrollment with this grant. An Exiter is a participant who has not received a participation service for 90 consecutive calendar days, has no gap in service, and is not scheduled for future services. The focus of the Employment Recovery program is economic and employment recovery, with WIOA and other partner programs, including the COResponds program, leveraged to meet employment, training and supportive services' needs. Co -enrolled Exiters: A co -enrolled participant cannot be exited until participation has been completed for all of the programs in which the participant is enrolled. This is consistent with USDOL's requirement that — at a minimum — there be a common exit date across WIOA Title I, TAA and Employment Service programs, such as Employment Service (ES) and Wagner-Peyser (PT). There is one exception to this rule: For National Dislocated Worker Grants, participants must be exited no later than the date the grant expires but exits prior to the expiration date must follow the 90 -day rule. NOTE: If an individual is co -enrolled in the WIOA youth program and any other program, and is receiving supportive services, this service will be considered a participation service and will extend participation in all programs subject to the common exit requirement. F. Case File and Documentation Requirements Grantee shall follow standard WIOA Dislocated Worker program case file procedures and documentation requirements. G. Performance Requirements Grantee shall meet the same performance standards for this grant as the WIOA Dislocated Worker program. Additionally, Grantee will be required to meet the quarterly enrollment and expenditure goals established by Jefferson County via the hub work plan. The reporting requirements for the RecoverCO program are designed to help the State RecoverCO Coordinator to identify technical assistance opportunities and to facilitate the review of grant activities. Outcome Performance Standard Planned Employment Rate (2nd Quarter after Exit) 76.4% Planned Employment Rate (4th Quarter after Exit) 76.9% Planned Median Earnings $9,000 Planned Credential Rate 67% Planned Measurable Skills Gains Rate 58.6% In addition to the above performance standards for Dislocated Workers, RecoverCO will also track retention with the same employer in the 2nd and 4th quarters after exit to measure Effectiveness in Serving Employers. H. Outreach, Marketing and Promotional Guidelines, Limitations, Constraints All outreach activity, marketing, and promotional expenses must be allowable pursuant to OMB Federal accounting principles and applicable circulars and shall include specific language identified in the current Workforce Development Programs (WDP) agreement funding provisions. I. Allowable Costs This list is a non -exhaustive list of examples of activities that would qualify to be funded as grant -related activities: • Costs related to address the workforce -related impacts of COVID-19 and temporarily expand the service capacity of the Dislocated Worker Program. • Staffing costs for Business Services Representatives in the local areas to develop employment and training opportunities for Dislocated Workers enrolled in the Employment Recovery Grant to include (but not be limited to) the following: Hiring, Rehiring, Job Fairs, on-the-job training, registered apprenticeships, work -based learning, and traditional business services directly related to the Employment Recovery Grant. • Staffing costs related to case management and career services activities for job seekers enrolled in the grant. • Basic Career services including, but not limited to, outreach, intake, labor exchange services, initial and comprehensive assessments, development of an individual employment plan, referral, provision of labor market information, provision of information on eligible training providers, and provision of information on the availability of supportive services. • Individualized Career services including, but not limited to, specialized assessments, developing an individual employment plan, counseling, and work experiences. • Staffing costs to have a staff member identified as grant lead or project lead. • Strategic planning, data gathering, and analysis designed to anticipate, prepare for, and manage economic changes. • Travel costs for staff in the local areas to attend training, visit employers, meetings, etc. • Outreach, assessment, education, classroom training, pre -apprenticeship training, case management, supportive services for participants not otherwise covered or leveraged through WIOA or partner resources. • Training services including: occupational training (including training for nontraditional employment), skill upgrading and retraining, job readiness training in combination with other training services, adult education and literacy activities provided concurrently with other training services, on-the-job training (including apprenticeships), entrepreneurial training, and customized training which is designed to meet the specific requirements of an employer or group of employers with the commitment that the employer(s) hire an individual upon successful completion of the training. • Work -based learning activities, such as work experience (including transitional jobs), registered apprenticeships, and On -the -Job Training (OJT), virtual and classroom training. Following state and local guidance, stipends may be provided instead of an hourly pay rate for attendance or participation in an allowable activity. • Co -Enrollment with eligible Dislocated Workers participating in the Disaster Recovery Grant program including, but not limited to, Career Services, Training Services, and Supportive Services. • Modification and expansion of existing career pathways to increase inclusivity and accessibility for persons with disabilities. • Engage industry and sector partners, and employers to identify barriers to recruiting, hiring, training and retaining adults with disabilities, and increase awareness about workplace accommodations. • Provide supportive services including, but not limited to, personal protective equipment, work attire, dependent care, transportation assistance, books and supplies for training, workplace accommodations, fees for applications, mileage reimbursements, rent and utilities, cell phones and Internet service if the individual works from home or in the field. J. Compliance with Applicable Laws and Guidance Grantee shall use the RecoverCO Funds in accordance with all applicable laws and guidance governing such funds, including, without limitation, Colorado Policy Guidance Letter GRT-2020-01 (RecoverCO). Exhibit B COResponds Scope of Work A. Purpose COResponds Funds shall be used to provide disaster -relief and humanitarian assistance employment to minimize the employment and economic impact on individuals whose jobs have been impacted by the COVID-19 pandemic. B. Eligible Participants 1. Participants must meet one or more of the following criteria to be eligible for temporary job placement: a. Workers temporarily (job attached) or permanently laid off as a result of the virus; b. Dislocated Workers as defined under WIOA (see PGL WIOA-2015-05, Attachment 2); c. Long-term unemployed workers (see PGL WIOA-2015-05, Attachment 1); or d. Self-employed individuals who are unemployed or underemployed as a result of the pandemic (see PGL WIOA-2015-05, Attachment 2). 2. To determine eligibility for and documentation of COResponds participants that fall under category a. above, Grantee should collect valid documentation including: a. CUBS printout showing a Pandemic Unemployment Assistance (PUA) claim, or a regular Unemployment Compensation claim; and b. Self -attestation that the layoff was due to the pandemic. 3. To determine eligibility for and documentation of COResponds participants that fall under categories b, c, and d, Grantee staff should refer to PGL WIOA-2015-05. 4. If documentation of COResponds eligibility is difficult to obtain due to circumstances of the pandemic, self -attestation is acceptable as a last resort. However, if self -attestation is used, local areas are still responsible for collecting documentation necessary to demonstrate that each participant is eligible. 5. Eligible dislocated workers may be co -enrolled in the COResponds program as well as WIOA Title I Adult, Youth, DW programs, and appropriate discretionary grant programs for which they qualify. 6. Veterans and eligible spouses who meet COResponds eligibility must receive priority of service for services available under the grant. C. Allowable Costs COResponds Funds may be used for the following: 1. Temporarily expanding service capacity of Dislocated Worker programs; 2. Staffing costs related to case management activities for participants enrolled in the grant; 3. Staffing costs to have a staff member identified as grant lead or project lead; 4. Travel costs for staff in the local areas to attend training, visit job sites, attend meetings, etc.; 5. Promoting disaster -relief employment; 6. Participant wages and benefits associated with disaster relief employment; and 7. Working with partners to design new disaster -relief employment opportunities. D. Non -Allowable Costs COResponds Funds may not be used to provide employment/training services and supportive services. To the extent practicable, these services should be provided through co -enrollment and leveraged resources with other WIOA and partner programs. E. Allowable Activities 1. Disaster -Relief Employment: The COResponds program provides funding for the creation of disaster -relief employment. Grantee must demonstrate that disaster -relief employment created under the COResponds program aligns with the delivery of appropriate humanitarian assistance in the immediate aftermath of the COVID-19 pandemic. Disaster -relief employment must align with the following categories: a. Employment related to the delivery of appropriate humanitarian assistance, or b. Clean up and recovery efforts, such as the sanitation of equipment and public surfaces. 2. Health and Safety Standards: Grantee must ensure that project participants follow the same health and safety standards established under Federal and state law applicable to working conditions of permanent employees. To the extent that state workers' compensation law applies, workers' compensation must be provided to project participants on the same basis as individuals in similar employment. In cases in which a project participant is not covered under a state workers' compensation law, the project participant must be provided with adequate on -site medical and accident insurance for work -related activities. Employers must provide appropriate safety training in accordance with the Occupational Safety and Health Act (OSHA) of 1970 and assure safe working conditions. 3. Mitigation: Generally, disaster -relief employment under the COResponds program will not be authorized for activities that are designed to mitigate future disasters. COResponds activities may help mitigate the ongoing effects of the disaster and prevent future disaster only where such activities are necessarily part of temporary employment to clean up or provide humanitarian assistance to victims of the COVID-19 pandemic. F. Employer of Record Grantee must select public sector and/or private nonprofit employers (i.e. State, County, or municipal governments, school districts, public institutions, or community -based organizations) to develop the temporary subsidized job placements. An employer -employee relationship must exist with the Employer of Record. The temporary job placement should not be in a commission -only job or have independent contractor status during the temporary subsidized job placement period. Participants must be provided health benefits at the same level and to the same extent as other employees of the employer of record working a similar length of time and doing the same type of work. Grantee may subcontract with a for-profit staffing company as the employer of record to handle payroll and benefits for temporary subsidized jobs as long as job placements are with public sector and/or private nonprofit work sites for disaster recovery work performed on public lands, facilities and structures or for humanitarian assistance, and all other program requirements are met. Participants may work overtime, provided that this is part of the design of the project and regular employees are also working overtime, subject to the limit on duration and level of compensation for workers under this project. No contributions to retirement funds may be made on behalf of participants from grant funds. However, if the Employer of Record is required to make contributions to the Public Employees' Retirement Association (PERA) of Colorado for all employees, including temporary employees, then this is an allowable cost if paid in accordance with the policies of the Employer of Record. All participants shall be provided fringe benefits according to the Employer of Record's temporary employee policy, which includes Workers' Compensation and unemployment insurance coverage payments. Each participant must be covered by Workers' Compensation in accordance with State law. Participants in this project must be covered by unemployment insurance compensation. G. Duration of Employment No individual shall receive grant subsidized employment for more than 6 months or 1,040 hours, whichever is longer. H. Compensation The employer of record is required to pay the higher of the Federal, state, or local minimum wage, or the comparable rates of pay for other individuals employed in similar occupations with similar experience, training, and/or skills by the same employer. Participants may receive wages up to $12,000 and fringe benefits up to $3,000, not to exceed a total of $15,000 in wages and benefits per participant. Where applicable, fringe benefits should be paid in accordance with the policies of the employer of record. The wages paid to temporary disaster relief workers must be consistent with the wages of the supervising entity's other employees —permanent or temporary —performing the same or similar work. I. Humanitarian Assistance Humanitarian assistance generally includes actions designed to save lives, alleviate suffering, and maintain human dignity in the immediate aftermath of the COVID-19 pandemic. The humanitarian assistance provided by disaster relief workers must relate directly to immediate response to the COVID-19 pandemic and support education, government, healthcare, manufacturing, parks and natural spaces, public health, and other affected businesses/industries. COResponds funded relief workers must only provide humanitarian assistance appropriate under COResponds, focusing specifically on responding to the immediate impacts of the COVID-19 pandemic. The provision of general humanitarian assistance that solely focuses on prevention and planning of future disaster events is not an allowable activity under COResponds. CDLE will allow activities that provide prevention and planning for future events only if these activities are related in responding to the humanitarian assistance needs created by the COVID-19 pandemic. J. Worksite Selection Grantee is responsible for identifying, establishing, and monitoring worksites and must be able to demonstrate that worksites and occupations provide for humanitarian assistance. Prior approval of the State COResponds Coordinator is required before any disaster relief employment work on private property. For example, activities necessary to remove health and safety hazards on private lands or around homes or other structures related to COVID-19. K. Coordination with Emergency Management Agencies Grantee may coordinate the activities funded under COResponds with the appropriate organizations, including state emergency management agencies, to avoid duplication of efforts and to ensure that grant activities appropriately respond to the affected community's needs. The Hub Administrator and partner local areas must work with CDLE when coordinating with state and federal agencies. Grantee must have a plan in place to recover COResponds funds expended for activities or services for which other funds become available. Examples include but are not limited to: activities/resources provided by local County and State Health Departments, County agencies; public, non-profit or faith -based agencies serving affected communities; and contact tracers employed by public or private healthcare agencies or whose employment is covered by other available resources. L. Program Enrollment, Documentation, and Exits 1. Tracking Requirements in Connecting Colorado Each participant must meet eligibility requirements prior to Grantee expending funds for that participant. Once eligibility is determined and the individual is ready to begin temporary employment, participants should be enrolled in COResponds in Connecting Colorado using program code CR. The date of program enrollment should be prior to the date of the first temporary job placement. Supportive services are not allowable with grant funding. Temporary Subsidized Employment (TE) is an existing service code in Connecting Colorado that will be used when placing a participant in temporary employment. The start and end dates for this service should match the start/end dates of the temporary job. In the TE service, the following "Obtained Employment" fields must be completed based on the temporary job placement: Date, Employer, and Wage. Grantee staff may enter and use job orders to match participants with temporary jobs under COResponds. In Connecting Colorado, enter "subsidized" for Job Category and "F" for subcategory. These jobs will only be visible to staff. 2. Case File and Documentation Requirements Project applicants will be required to follow standard WIOA Dislocated Worker program case file procedures and documentation requirements. 3. Exits An Exiter is a participant who has not received a participation service for 90 consecutive calendar days, has no gap in service, and is not scheduled for future services. The focus of COResponds is disaster relief employment, with WIOA and other partner programs, including the RecoverCO program, leveraged to meet employment, training and supportive services' needs. Co -enrolled Exiters: A co -enrolled participant cannot be exited until participation has been completed for all of the programs in which the participant is enrolled. This is consistent with USDOL's requirement that — at a minimum — there be a common exit date across WIOA Title I, TAA and Employment Service programs, such as Employment Service (ES) and Wagner-Peyser (PT). There is one exception to this rule: For National Dislocated Worker Grants, participants must be exited no later than the date the grant expires but exits prior to the expiration date must follow the 90 -day rule. NOTE: If an individual is co -enrolled in the WIOA youth program and any other program, and is receiving supportive services, this service will be considered a participation service and will extend participation in all programs subject to the common exit requirement. M. Performance Requirements Performance indicators for COResponds are the same as for the WIOA Title I Dislocated Worker program, as negotiated with USDOL for PY20 and PY21. Participants receiving disaster relief employment are not included in the primary indicators of performance, unless they receive employment and training services provided through co -enrollment in another WIOA core or partner program that shares a common exit with COResponds. Grantee will be required to meet its pro rata portion of the quarterly enrollment, subsidized job creation and placement, and expenditure goals established for Jefferson County via the Hub work plan. The reporting requirements for the COResponds program are designed to help the State COResponds Coordinator to identify technical assistance opportunities and to facilitate the review of grant activities. N. Compliance with Applicable Laws and Guidance Grantee shall use the COResponds Funds in accordance with all applicable laws and guidance governing such funds, including, without limitation, Colorado Policy Guidance Letter GRT-2020-02 (COResponds). EXHIBIT C FEDERAL WORKFORCE INNOVATION AND OPPORTUNITY ACT; WAGNER-PEYSER ATTACHMENT The Contractor shall maintain complete and accurate records of time spent and materials used for performance of the Services together with any invoices, time cards, or other supporting data reasonably necessary to verify such records. The Contractor shall maintain all records, data and documentation for any time period required by applicable federal laws, rules, regulations or guidelines. Contractor assures that all activities authorized by this Contract will be performed in accordance with the Grant Agreement referenced on page 1 of this Contract (the "Grant Agreement"), laws and regulations applicable to the receipt and use of the Grant Agreement funds, and all other relevant laws, rules, directives, regulations, guidelines and required assurances, including without limitation, those contained in the Grant Agreement; the Federal Workforce Innovation and Opportunity Act ("WIOA") and the WIOA Technical Amendments Act (Public law #114-18) as referenced in the Federal Training and Employment Notice (TEN) #10-15 issued on September 17, 2015, both of which include the Wagner-Peyser Act of 1933, as amended (Wagner-Peyser); the Jobs for Veterans Act of 2002; and the Colorado Career Advancement Act ("CCAA"). Contractor shall comply with such laws, regulations, rules, directives, executive orders, regulations and guidelines, 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. In addition, the Contractor shall fully comply with OMB 2 CFR Part 200 Uniform Guidance 2013, as amended, including Appendix A to Attachment A. Such laws, regulations, executive orders include, but are not limited, to those listed below: i. For all grants, and subcontracts in excess of One Hundred Thousand Dollars ($100,000); or where the grant officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed One Hundred Thousand Dollars ($100,000); or, if a facility proposed for use by the Contractor has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857-8) (c)(1) or the Federal Water Pollution Control Act (33 U.S.C. 1319 [C]) and is listed by the Environmental Protection Agency (EPA) or is not otherwise exempt, the Contractor assures that: 1) No facility to be utilized in the performance of this Contract has been listed on the EPA list of Violating Facilities; 2) It will notify the County Representative, prior to any award, of the receipt of any communication from the Directors, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for this Contract is under consideration to be listed on the EPA list of Violating Facilities; and 3) It will include this assurance, including this third part, in every non-exempt subcontract, agreement or subcontract. ii. All applicable provisions of Child Labor laws. iii. All applicable provisions of safety standards of the Occupational Safety and Health Act (OSHA). iv. All applicable provisions of Part C of Title IV of the Social Security Act. v. All applicable provisions of the Military Selective Services Act. vi. All applicable provisions of §665, Title 18, United States Code, (Theft or embezzlement from employment and training funds; improper inducement; obstruction of investigations). vii. All applicable provisions of the Fair Labor Standards Act of 1938. viii. §§18-8-401 through 408, C.R.S., as amended, (Abuse of Public Office). ix. All applicable provisions of the Federal "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (Uniform Guidance) Regulations effective December 26, 2014, and referenced in Federal TEGL §15- 14 issued on December 19, 2014, including applicable provisions in 2 CFR Part 200 et al and its Appendices and 2 CFR Part 2900. x. The Contractor shall ensure that it, and its Subcontractors, if any, will comply with all provisions of the Single Audit provisions of the Uniform Guidance Regulations located at 2 CFR Part 200, Subpart F Audit Requirements. The Contractor shall comply with County policy and procedures for audit requirements for County Subcontractors. xi. Salary and Bonus Limitations. The Contractor shall comply with Public Law 113-235, Section 105, requiring that none of the funds appropriated under the heading "Employment and Training" shall be used by the Contractor or any of its subcontractors to pay the salary and bonuses of an individual, either as direct costs or indirect costs, at a rate in excess of the Federal Executive Level II. The Executive Level II salary may change yearly and is located on the OPM.gov website (https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/2020/executive-senior-level). The salary and bonus limitation does not apply to contractors providing goods and services as defined in 2 CFR 200.330. The State may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from the Contractor or any of its subcontractors, taking into account factors such as the relative cost -of -living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs including Employment and Training Administration programs. See Training and Employment Guidance Letter No. 5-06 for further clarification, available at https://wdr.doleta.gov/directives/corr doc.cfm?DOCN=2262. xii. Federal Executive Order 13166 published August 11, 2000 for "Improving access to services for persons with limited English proficiency (LEP)" (65 FR 50121); United States Department of Labor regulations 29 CFR 31 requiring that all recipients of federal financial assistance provide meaningful access to LEP persons; and, United States Department of Labor, Employment and Training Administration Guidance Letter Number 26-02, addressing the development and implementation of a language assistance plan and providing guidance for complying with the Executive Order 13166 and Title VI, §601, of the Civil Rights Act of 1964. xiii. None of the funds made available under Titles I or II of the WIOA or under Wagner Peyser may be expended by an entity unless the entity agrees that in expending funds it will comply with Section 8301 through 8303 of Title 41, United States Code (commonly known as the "Buy American Act"). Rev. 10/2016 xiv. Compliance with State Law. The Contractor assures that it shall comply with all State laws, regulations, policies and directives, including Policy Guidance Letters. xv. Safeguard against Fraud. The Contractor shall administer its Services under this Contract in full compliance with all safeguards against fraud and abuse as set forth in Federal and State regulations. xvi. Adherence to Grievance Procedure. Pursuant to the requirements of each funding source, the Contractor shall follow all applicable federal regulations governing the resolution of grievances and complaints, including those grievances and complaints based on discrimination. The Contractor shall follow all applicable Policy Guidance Letters issued by the State concerning grievance procedures. xvii. 29 CFR Part 36 — Nondiscrimination on the Basis of Sex in Education Programs or Activities. xviii. 29 CFR Part 29 and 30- Labor Standards for the Registration of Apprenticeship Programs, and Equal Employment Opportunity in Apprenticeship and Training, as applicable. xix. 2 CFR Part 170- Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public Law 109-282, as amended by section 6202 of Public Law 110-252), and the applicable provisions set forth in Attachment A which is incorporated herein. xx. Religious Freedom Restoration Act (RFRA), 42 United States Code Section 2000bb, which applies to all Federal law and its implementation. If an organization is a faith -based organization that makes hiring decisions on the basis of religious belief, it may be entitled to receive Federal financial assistance under the Workforce Investment and Opportunity Act (WIOA)and maintain that hiring practice even though section 188 of the WIOA contains a general ban on religious discrimination in employment. If such an organization is awarded a grant of Federal funds, that organization must request an exemption from this law from the USDOL. xxi. Publicity. No funds provided under this grant shall be used for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. Nor shall grant funds be used to pay the salary or expenses of any grant or agreement awardee or agent acting for such awardee, related to any activity designed to influence legislation or appropriations pending before Congress. xxii. Public Announcements. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing project or programs funded in whole or in part with Federal money, the Contractor shall clearly state: 1) the percentage of the total cost of the program or project which will be financed with Federal money, and 2) the dollar amount of Federal funds for the project or program. xxiii. Executive Order 12928. In compliance with Executive Order 12928, the Contractor is strongly encouraged to provide subcontracting/subgranting opportunities to Historically Black Colleges and Universities and other Minority Institutions, such as Hispanic Serving Institutions and Tribal Colleges and Universities, and to Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals. xxiv. Evaluation, Data, and Implementation. The Contractor agrees to cooperate with the U.S. Department of Labor (USDOL) and/or the State in the conduct of a third -party evaluation, including providing to USDOL, the State or either of its authorized contractors appropriate data and access to program operating personnel and participants in a timely manner. xxv. Prohibition on Providing Federal Funds to ACORN: These funds may not be provided to the Association of Community Organizations for Reform Now ("ACORN") or any of its affiliates, subsidiaries, allied organizations or successors. xxvi. Executive Order 13333: Trafficking in Persons. This Contract may be terminated without penalty, if the Contractor (i) engages in severe forms of trafficking in persons or has procured a commercial sex act during the period of time that the grant, contract, or cooperative agreement is in effect, or (ii) uses forced labor in the performance of the grant, contract, or cooperative agreements (22 U.S.C. 7104(g)). xxvii. Requirements for Conferences and Conference Space: Conferences sponsored in whole or in part by the recipient of Federal awards are allowable if the conference is necessary and reasonable for the successful performance of the Federal Award. Contractor is urged to use discretion and judgment to ensure that all conference costs charged to the grant are appropriate and allowable. For more information on the requirements and allowability of costs associated with conferences, refer to 2 CFR 200.432. xxviii. Seat Belts: Pursuant to Executive Order (EO) 13043 (April 16, 1997), Increasing the Use of Seat Belts in the United States, subrecipients are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating vehicles, whether organizationally owned or rented or personally owned. xxix. Executive Order 13513: Sec. 4. Text Messaging While Driving by Government Contractors, Subcontractors, and Recipients and Subrecipients. Contractors, subcontractors, and recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving company -owned or —rented vehicles or Government -owned, Government -leased, or Government -rented vehicles, or while driving privately -owned vehicles when on official Government business or when performing any work for or on behalf of the Government, and to conduct initiatives of the type described in section 3(a) of the Executive Order. xxx. Personally Identifiable Information: The Contractor shall recognize and safeguard personally identifiable information (PII) except where disclosure is allowed by prior written approval of the Grant Officer or by court order. The Contractor shall meet the requirements in Training and Employment Guidance letter (TEGL 39-11, Guidance on the Handling and Protection of Personally Identifiable Information (PII)), (located at https://wdr.doleta.gov/directives/corr doc.cfm?docn=7872). xxxi. Violation of the Privacy Act: Funding provided under this Agreement shall not be used in contravention of the 5 USC 552a or regulations implementing that section. Rev. 10/2016 xxxii. Health Benefit Coverage: The Contractor must ensure that the use of these funds for health benefits coverage complies with 506 and 507 of Division G of Public Law 113-235, the Consolidated and Further Continuing Appropriations Act, 2015. xxxiii. Flood Insurance: The Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq., provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in identified flood -prone communities in the United States, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within one year of the identification. xxxiv. Architectural Barriers: The Architectural Barriers Act of 1968, 42 U.S.C.415I et seq., as amended, the Federal Property Management Regulations (see 41 CFR 102-76), and the Uniform Federal Accessibility Standards issued by GSA (see 36 CFR 1191, Appendixes C and D) set forth requirements to make facilities accessible to, and usable by, the physically handicapped and include minimum design standards. All new facilities designed or constructed with Federal funding provided under this Contract shall comply with these requirements. xxxv. Hotel- Motel Fire Safety: Pursuant to 15 USC 2225a, the Contractor shall ensure that all space for conferences, meetings, conventions or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (P.L. 101- 391, as amended). xxxvi. Prohibition on Contracting with Corporations with Felony Criminal Convictions: The Contractor is prohibited from entering into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the Contractor is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. xxxvii. Prohibition on Contracting with Inverted Domestic Corporations: No funds made available under a Federal Act may be used for any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity. Waivers to this regulation may be granted by the Secretary of Labor if the Secretary determines that the waiver is required in the interest of national security. xxxviii. Prohibition on Contracting with Corporations with Unpaid Tax Liabilities: The Contractor shall not enter a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the Contractor is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. In accordance with 29 C.F.R. § 38.25 and Colorado Department of Labor and Employment Policy Guidance Letter #ADM -2019- 02, for each award of financial assistance from the United States Department of Labor under Title I of the Workforce Innovation and Opportunity Act ("WIOA"), the Contractor agrees to comply with the nondiscrimination and equal opportunity provisions of the following laws throughout the duration of the award: (A) Section 188 of WIOA, which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status, and gender identity), national origin (including limited English proficiency), age, disability, or political affiliation or belief, or against beneficiaries on the basis of either citizenship status or participation in any WIOA Title I -financially assisted program or activity; (B) Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color and national origin; (C) Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; (D) The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and (E) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Contractor also assures that, as a recipient of WIOA Title I financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the Contractor's operation of the WIOA Title I -financially assisted program or activity, and to all agreements the Contractor makes to carry out the WIOA Title I -financially assisted program or activity. The Contractor understands that the United States has the right to seek judicial enforcement of this assurance. Contractor hereby provides the County and the State of Colorado and the federal government all the assurances and/or certifications set forth in the Grant Agreement. Contractor assures and certifies that it will fully comply with the federal laws identified in Exhibits F -J, Federal Certifications and Assurances, attached to the Grant Agreement. The Grant Agreement whether or not attached hereto is incorporated into this Contract. The Contractor certifies that it has received a copy of the Grant Agreement. By signing this Contract the Contractor certifies and agrees to comply with the certifications set forth in the Grant Agreement and the certifications attached hereto and incorporated herein as Attachment B. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed or otherwise compensated solely with Wagner-Peyser or WIOA funds. Therefore, the Contractor expressly understands and agrees that all of its rights, demands and claims to compensation arising under this Contract are contingent upon the receipt of such funds by the County and the continued funding by the United States government and the State of Colorado. In the event such funds or any part thereof are not received, appropriated or allocated by the County, the County and the Contractor may mutually modify, or the County may unilaterally terminate, this Contract. Contractor shall comply with all laws concerning confidentiality of information and records applicable to services performed pursuant to the terms of this Contract. Any breach of confidentiality by the Contractor, or third party agents of the Contractor, shall constitute good cause for the County to cancel this Contract, without liability to the County. Any County or 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. In the event Contractor makes unauthorized representations or incurs unauthorized expenses that are asserted against the County, Contractor shall indemnify the County for any obligations that may result therefrom, including attorneys' fees and costs. This provision shall survive expiration or earlier termination of this Contract. Any expenditure by Contractor in violation of the Wagner-Peyser, WIOA or CCAA, or any related Federal or State laws, rules, regulations or guidelines or this Contract are unauthorized expenditures. Contractor shall reimburse the County, on demand, all funds that have been spent in an unauthorized manner for unauthorized purposes. Contractor agrees that any such reimbursement shall not be paid from any funds paid under this Contract. Contractor shall permit the County and any other governmental agency authorized by law, or their authorized designee, to monitor all activities conducted by the Contractor pursuant to the terms of this Contract. As the monitoring agency may in its sole discretion deem necessary or appropriate, such monitoring may consist of internal evaluation procedures, reexamination of program data, special analyses, on -site verification, formal audit examinations, or any other reasonable procedures. All such monitoring shall be performed in a manner that will not unduly interfere with the Services. Contractor agrees that it is subject to such further rules, regulations and policies concerning accounting, records, payment of funds, propriety of expenditures, and submission of accountability reports and financial statements as may be prescribed from time to time by the County. Contractor acknowledges and agrees that any monies not encumbered or benefits not used in the direct furtherance of the purpose of this Contract at the time this Contract is terminated shall no longer be available to Contractor except by further written agreement. Unless a subsequent agreement to the contrary is reached and reduced to writing by the parties hereto, any funds actually paid to Contractor by the County and not used in furtherance of this Contract shall be returned to the County on or before sixty (60) days after the expiration or termination of this Contract. The Contractor avers that it is familiar with C.R.S. 18-8-301, et. seq., (Bribery and Corrupt Influences), and C.R.S. 28-8- 401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. Within five (5) days after being served with any pleadings in a legal action filed with a court or administrative agency related to this Contract, the Contractor shall notify the County of such action and deliver copies of the pleadings to the County. The Contractor shall comply with all applicable Federal, State and local laws, ordinances, executive orders and regulations that prohibit discrimination on the basis of race, color, national origin, religion, and sex, including, but not limited to: Title VI of the Civil Rights Act of 1964, as amended (P.L. 88-352), 42 U.S.C. § 2000d et seq., and Title VII of the Civil Rights Act of 1964, as amended. Unless required by federal law or regulation, employers may not automatically bar applicants or employees with an arrest or conviction record from employment. The Contractor does not and shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Contractor's obligations hereunder. The Contractor acknowledges that with respect to this Contract, even the appearance of a conflict of interest is harmful to the County's and the State's interests. Absent the County's and the State's prior written approval, the Contractor shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Contractor's obligations to the County and the State hereunder. If a conflict or the appearance or a conflict of interest exists, or if the Contractor is uncertain whether a conflict or the appearance of a conflict of interest exists, the Contractor shall submit to the County and the State a disclosure statement setting forth the relevant details for the County's and the State's consideration. Failure to promptly submit a disclosure statement or to follow the County's or State's direction in regard to the apparent conflict constitutes a breach of this Contract. The Contractor avers that to its knowledge, no employee of the State or County has any personal or beneficial interest whatsoever in the services or property described in this Contract. Contractor shall comply with Federal mandatory disclosure policies regarding conflict of interest. Contractor shall disclose, in a timely manner and in writing to the State, all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. The Contractor is required to report certain civil, criminal, or administrative proceedings to the State. Failure to make required disclosures can result in any of the remedies described in 2 CFR Section 200.388 Remedies for Noncompliance, including suspension or debarment. (See also 2 CFR Part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313). Except for its own internal use, and as such disclosures may be required by the Colorado Open Records Act, CRS §24-72-101, et seq., the Contractor shall not publish or reproduce any data or other information, however contained, in whole or in part, which is recorded in any form or medium whatsoever and which is delivered or specified to be delivered under this Contract, nor may the Contractor authorize or permit others to do so, without the prior, express, written consent of the County and the federal government, through the State, until such time as the federal government may have released such data or other information to the public. The federal government reserves a paid -up, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal purposes: i) the copyright in all products developed under this Contract, including any subcontracts; and ii) any rights of copyright to which the Contractor purchases ownership under this Contract (including but not limited to curricula, training models, technical assistance products, and any related materials). Such uses include, but are not limited to, the right to modify and distribute such products worldwide by any means, electronically or otherwise. Federal funds may not be used to pay any royalty or licensing fee associated with such copyrighted material, although they may be used to pay costs for obtaining a copy which is limited to the developer/seller costs of copying and shipping. If revenues are generated through selling products developed with Federal grant funds, including intellectual property, these revenues are program income. Program income is added to the grant funding amount and must be expended for allowable activities pursuant to the applicable Federal funding source. The Contractor shall comply with the copyright requirements of 29 CFR 97.34. The Contractor shall give notice of these rights in data and copyright requirements in all its subcontracts and vendor agreements. The Contractor is expressly prohibited from the exclusivity protections under federal and state patent, copyright, and trademark law on material that has been developed with the use of federal or state funds. All such material is considered by the State to be in the public domain. The Contractor shall ensure that all its employees have passed a comprehensive criminal background check prior to performing services under this Contract. Contractor shall (i) provide physical and logical protection for all related hardware, software, applications, and data that meet or exceed industry standards and requirements as set forth in the paragraph below; (ii) maintain network, system, and application security, which includes, but is not limited to, network firewalls, intrusion detection (host and network), and annual security testing; (iii) comply with State and Federal regulations and guidelines related to overall security, confidentiality, integrity, availability, and auditing; (iv) ensure that security is not compromised by unauthorized access to computers, program, software, databases, or other electronic environments; and (v) shall promptly report all incidents to a representative of the Office of Information Security ("OIS"). Contractor shall review, on a semi-annual basis, all OIS policies and procedures which OIS has promulgated pursuant to C.R.S. §§ 24-37.5-401 through 406 and 8 CCR § 1501-5 and posted at http://oit.state.co.us/ois, to ensure compliance with the standards and guidelines published therein. If Contractor becomes aware of an incident involving any State information, it shall notify the County and State immediately and cooperate with the County and State regarding recovery, remediation, and the necessity to involve law enforcement, if any. Unless Contractor can establish that Contractor or any of its Subcontractors is not the cause or source of the incident, Contractor shall be responsible for the cost of notifying each person whose personal information may have been compromised by the incident. If Contractor receives Personally Identifiable Information (PII) under this Agreement, the Contractor shall provide for security of such PII Data in a form acceptable to the State, including without limitation, non -disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections, and audits. Contractor shall take full responsibility for the security of all PII Data in its possession. Rev. 10/2016 Contract Form New Contract Request Entity Information Entity Name* JEFFERSON COUNTY Entity ID* f&00004511 Contract Name* Contract ID JEFFERSON COUNTY, TRI-COUNTY WORKFORCE AREA 4258 (RECOVERY GRANT MEMORANUM OF UNDERSTANDING) Contract, Status CTB REVIEW Contract Lead* CULL' NTA ❑ New Entity? Parent Contract ID Requires Board Approval YES Contract Lead Email Department Project # cullintazco.weld.co.us cobb xxlk3co.weld.co.us Contract Description* MEMORANDUM OF UNDERSTANDING FOR DISASTER RECOVERY NATIONAL DISLOCATED WORKER GRANT "CORESPONDS'° NATIONAL EMPLOYMENT RECOVERY DISLOCATED WORKER GRANT "RECOVERCO". SUBAWARD = $289,240.30 (CORESPONDS) AND $291,251.73 (RECOVERCO). Contract Description 2 EFFECTIVE TERM IS 04: 15/20-01 / 31 22. PA ROUTING THORUGH NORMAL APPROVAL PROCESS. ETA TO CTB 11 x23(2020. Contract Type* AGREEMENT Amount* S580,492.03 Renewable * NO Automatic Renewal Grant IGA Department Requested BOCC Agenda Due Date HUMAN SERVICES Date* 1 1 21 ;'2020 1 1 /25/2020 Department Email CM- HumanServicesweldgov.co m Department Head Email CM-HurnanServices- DeptHeadnweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTY.ATTORNEY ;WELDG OV.COM Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note. the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 11;'30;2021 Committed Delivery Date Renewal Date Expiration Date* 01,'31,2022 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH OH Approved Date 11 23, 2020 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda. Date 11;25/2020 Originator CULLUNTA Finance Approver CHRIS D'OVIDI© Legal Counsel GAGE KALOUSEK. Finance Approved Date Legal Counsel Approved Date 11,23,2020 11"23:2020 Tyler Ref # AG 112520 Hello