HomeMy WebLinkAbout20162092.tiffRESOLUTION
RE: APPROVE MASTER GRANT AGREEMENT FOR WORKFORCE DEVELOPMENT
PROGRAMS AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Master Grant Agreement for Workforce
Development Programs between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the Department of Human Services,
and the Colorado Department of Labor and Employment, commencing July 1, 2016, and ending
June 30, 2019, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Master Grant Agreement for Workforce Development Programs
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Human Services, and the
Colorado Department of Labor and Employment, be and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of July, A.D., 2016, pro nunc tunc July 1, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditoteliadd,o;rk
Weld County Clerk to the Board
BY:
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Mike Freeman, Chair
Sean P. Conway, Pro-Tem
eputy Clerk to the Bo. F p % EXCUSED
APPRO D AS
Attorney
Date of signature: 7 13 Of a
Juli A. Cozad
arbara Kirkmeyer
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Steve Moreno
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2016-2092
HR0087
MEMORANDUM
DATE: June 2, 2016
TO: Board of County Commissioners — Pass -Around
FR: Judy A. Griego, Director, Human Services
RE: Weld County Department of Human Services' Employment
Services Workforce Development Programs Master Grant
Agreement
Please review and indicate if you would like a work session prior to placing this item on the
Board's agenda.
Request Board Approval for the Departments' Employment Services Workforce
Development Programs Master Grant Agreement. The purpose of the Grant Agreement is to
implement and deliver services through Federal and State funded employment and training
programs. These are programs serving Adult, Youth, Dislocated Workers, and include basic
labor exchange and other programs coming through the Department of Labor. The effective
term of the agreement is July 1, 2016 through June 30, 2019. There are no funds associated with
this exact agreement, as those are executed utilizing Expenditure Authorizations as outlined in
the attached document.
I do not recommend a Work Session. I recommend approval of this Agreement.
Approve Request
BOCC Agenda Work Session
Sean Conway
Steve Moreno
Barbara Kirkmeyer
Mike Freeman
Julie Cozad
Pass -Around Memorandum; June 2, 2016 (ID# 449)
2016-2092
Page 1
ID i/ _ //L
PY 16 WDP Master Grant Agreement
Administrative Requirements
1. Signatures
All signatures in blue ink please.
2. Return Instructions.
You can return 4, original signed signature pages only, or if you prefer to send the entire
Agreement (without Exhibits) with the signature page, send to:
Department of Labor and Employment
Lisa Eze, Director Procurement and Contract Services
633 17th St., Suite 1100, Denver 80202
3. Scan and email a signature page to lisa.eze@state.co.us
4. County to complete the following information in the Agreement prior to County execution:
• Notification information, Agreement Section #17
• Signature Page Information (if needed) or name changes
• PCS Contact Information: Lisa Eze, 303-318-8054, lisa.eze@state.co.us
JOHN HICKENLOOPER
Governor
ELLEN GOLOMBEK
Executive Director
KRISTIN M. CORASH
Deputy Executive Director
July 18, 2016
DEPARTMENT OF LABOR AND EMPLOYMENT
PROCUREMENT & CONTRACT SERVICES
633 17th Street, Suite 1100
Denver, Colorado 80202-3631
Telephone: (303) 318-8067 FAX: (303) 318-8068
Mike Freeman, Chair
The Board of Weld County Commissioners
1150 O Street, PO Box 758
Greeley, CO 80632-0758
Re: Transmittal of Fully Executed Workforce Development Programs Master Grant Agreement
Dear Commissioner Freeman:
Enclosed herewith is one (1) fully executed original of the Workforce Development Programs
Master Grant Agreement ("Contract") between The Board of County Commissioners of Weld
County and the Colorado Department of Labor and Employment. The Purpose of this
Contract is to provide funding to the Local Area for Workforce Development Programs under
the Work Innovation and Opportunity Act, Wagner Peyser, and other Federal and State
programs.
Should you have any questions, please call me at your convenience at (303) 318-8054.
Sincerely,
Lisa Eze
Purchasing Director
end.
cc: CDLE Contract File No. 17-89950 (PY16)
CDLE CMS #17-89950 (PY16)
STATE OF COLORADO
Department of Labor and Employment
Workforce Development Programs Master Grant Agreement
with
The Board of County Commissioners of Weld County
TABLE OF CONTENTS
1. PARTIES 1
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY 1
3. RECITALS 1
4. DEFINITIONS 2
5. TERM 4
6. STATEMENT OF WORK 4
7. FUNDING 5
8. FUNDING RECAPTURE AND FUNDING RESTRICTIONS 6
9. REPORTING - NOTIFICATION 6
10. LOCAL AREA RECORDS 7
11. CONFIDENTIAL INFORMATION 8
12. CONFLICT OF INTEREST 9
13. REPRESENTATIONS AND WARRANTIES 10
14. INSURANCE 10
15. BREACH 12
16. REMEDIES 12
17. NOTICES AND REPRESENTATIVES 14
14
15
15
16
22. COLORADO SPECIAL PROVISIONS 19
23. SIGNATURE PAGE 22
A -L SEPARATELY ATTACHED
18. RIGHTS IN DATA, DOCUMENTS, COMPUTER SOFTWARE, AND COPYRIGHT
19. GOVERNMENTAL IMMUNITY
20. STATEWIDE CONTRACT MANAGEMENT SYSTEM
21. GENERAL PROVISIONS
1. PARTIES
This Workforce Development Programs Master Grant Agreement ('Agreement) is entered into by and
between The Board of County Commissioners of ("Local Area") and the STATE OF COLORADO,
acting by and through the Colorado Department of Labor and Employment ("State or CDLE").
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY.
This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado
State Controller or designee ("Effective Date"). The State shall not be bound by any provision of this
Agreement before the Effective Date, and shall not be obligated to pay the Local Area for any work
performed or expense incurred before the Effective Date.
3. RECITALS
A. Authority, Appropriation, and Approval
i. Authority to enter into this Agreement exists in Colorado Revised Statutes (C.R.S.) §8-77-109,
Establishment of the Employment Support Fund (ESF), for use by the Colorado Department of Labor
and Employment, Division of Employment and Training, C.R.S. §8-83 Workforce Development Part 1
Division of Employment and Training, C.R.S. §8-83-104 State Employment Service; and C.R.S. 8-83 Part
2, Workforce Investment Act, the Federal Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14and effective July 1, 2015 ,and the WIOA Technical
Amendments Act (Public Law #114-18) as referenced in the Federal Training and Employment Notice
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(TEN) #10-15 issued on September 17, 2015, both of which include the Wagner Peyser Act ('WP') as
amended, and also pursuant to the authority of the Colorado Workforce Development Council
('CRWC') to approve the use of WIOA and WP discretionary funds, the authority of the Colorado
Department of Labor and Employment, Division of Employment and Training as administrator of the
WIOA and WP, and other workforce development programs ('WDP'), including the Governor's WIOA
and WP discretionary funds.
ii. Pusuant to the WIOA the WP, the State's Long Bill for the appropriation of Employment
Support Funds ('ESF'), the Displaced Homemaker Program, and other Federal and State funding
appropriations for programs, such as, the Jobs for Veterans State Grant ('JVSG') Program, authorized
by Title 38, United States Code Chapter 41, and Public Law 107-288 Jobs for Veterans Act of 2002,
National Emergency Grants, State Incentive Grants, and other WDP(s),funds have been budgeted,
appropriated and otherwise made available, and a sufficient unencumbered balance remains available
for payment. Required approvals, clearance and coordination have been accomplished with
appropriate agencies, State Incentive Grants and other WDP(s).
iii. Funds have been budgeted, gifts, grants, donations, and other receivable funding may be
appropriated, and spending authority shall be approved for allocation to the Local Areas.
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Agreement.
C. Purpose
The purpose of this Agreement is to provide funding to the Local Area for WDP(s) under the WIOA, WP
and other Federal and State statutes, and through receivable gifts, grants, donations, and receivable
contracts. WDP(s) may include assistance to individuals seeking employment and training services,
employers seeking business enhancement services to increase the quality and capacity of the Local
Areas' One -Stop Delivery system, and to support the economic success and sustainability of local
businesses throughout the state of Colorado.
D. References
All references in this Agreement to sections (whether spelled out or using the § symbol, subsections
(§§), exhibits or other attachments, are references to sections, subsections, exhibits or other
attachments contained herein or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Agreement
"Agreement" means this Workforce Development Programs Master Agreement, its terms and
conditions, attached Exhibits incorporated by reference herein under the terms of this Agreement, and
any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to
Colorado State law, Fiscal Rules, and State Controller Policies.
B. Agreement Funds
"Agreement Funds" means available funds payable by the State to the Local Area pursuant to this
Agreement.
C. Budget
"Budget" means the budget for the Work described in Exhibit B, any executed amendments to the
Agreement, and any approved Expenditure Authorization, Expenditure Authorization Modification, or
Informal Expenditure Authorization Modification.
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D. Expenditure Authorization
"Expenditure Authorization" ('EA') means the document substantially similar to Exhibit C, Sample
Expenditure Authorization, and includes a Statement of Work, as defined in§6 below, that will be
performed by the Local Area pursuant to Exhibit B for Agreement Funds issued by the State through a
Notice of Fund Availability('NFA').
E. Expenditure Authorization Modification
An Expenditure Authorization Modification ('EAM') modifies the original EA for changes to Budget,
Statement or Work, or funding levels greater than $250,000.00 that results from supplemental NFAs,
allowed modifications to the EA, Exhibit D, State -issued Policy Guidance Letters, and any funding
provisions issued pursuant to a NFA.
F. Evaluation
"Evaluation" means the process of examining the Local Area's Work and rating the Work based on
criteria established in §6, Exhibits B and D, and in any approved EA, EA modification, or Informal EA
Modification.
G. Exhibits
The following Exhibits are attached hereto and incorporated by reference herein:
Exhibit A, Federal Funding Accountability and Transparency Act ('FFATA'), as amended
Exhibit B, Local Plan Signature Page and Local Plan
Exhibit C, Sample Expenditure Authorization
Exhibit D, Administrative Requirements and Funding Provisions
Exhibit E, Sample Notice of Fund Availability (NFA)
Exhibit F-1, Federal Certifications
Exhibit K, Sample Informal EA Modification Form
Exhibit L, Federal and State Laws
H. Goods
"Goods" means tangible material acquired, produced, or delivered by the Local Area, either separately
or in conjunction with the Services provided by the Local Area under this Agreement.
I. Informal EA Modification Form('IEAMF')
An Informal EA Modification is any change to the Budget, Statement of Work, or funding levels up to
$250,000.00 resulting from supplemental NFAs or allowed modifications pursuant to the provisions of
this Agreement, Exhibit D, any State -issued Policy Guidance Letters, and any funding provision
pursuant to an NFA, and is unilaterally signed by the Local Area.
J. Local Area
A 'Local Area'is a single labor market area, economic development region, or other appropriate
continguous subarea of Colorado, which has been designated as a Workforce Investment Area by the
Governor of Colorado.
K. Notice of Fund Availability (NFA)
"Notice of Fund Availability" means a document, substantially similar to Exhibit E, Sample Notice of
Fund Availability, issued by the State to the Local Area. The NFA provides original allocations of funds,
increases or decreases in funding, changes to the funding provisions, and/or extensions of a grant
period of performance, etc. The NFA summarizes the State's total financial obligation to the Local
Area, subject to the provisions of this Agreement and Exhibit D,§2,§§A.VI, which contains specific
provisions related to NFA application and usage.
L. Party or Parties
"Party" means the State or the Local Area, and "Parties" means both the State and the Local Area.
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M. Personally Identifiable Information ('PII')
PIP includes, without limitation, any information maintained by the State, Local Area and its
Subcontractors, about an individual that can be used to distinguish or trace an individual's identity,
such as name, social security number, date and place of birth, mother's maiden name, or biometric
records; and any other information that is linked or linkable to an individual, such as medical,
educational, financial, and employment information.
N. Program
"Program(s)" means the workforce development services provided by the Local Area under this
Agreement, which are funded by the WIOA of 2014, the WP, and other applicable Federal and State
statutes.
O. Policy Guidance Letter('PGL')
The Policy Guidance Letter identifies policies and procedures that must be followed in operating and
implementing programs that are funded under this Agreement. PGL's may consist of step by step
instructions, new procedures, policy revisions, and other information issued by the State to the Local
Area.
P. Review
"Review" means examining the Local Area's Work to ensure that it is in compliance with this
Agreement and with the criteria specifically established in §6, Exhibits B and D, and any approved
EA(s), EA Modifications or Informal EA Modifications.
Q. Services
"Services" means the required services to be performed by the Local Area or its Subcontractors
pursuant to this Agreement.
R. Subcontractor
"Subcontractor" means any third parties that are engaged by the Local Area to aid in performance of
its obligations under this Agreement.
S. Work
"Work" means the tasks and activities the Local Area is required to perform to fulfill its obligations
under this Agreement and pursuant to Exhibits B and D, and any approved EA(s), including the
performance of the Services and delivery of the Goods.
T. Work Product
"Work Product" means the tangible or intangible results of the Local Area's Work, including, but not
limited to, software, research, reports, studies, data, digital images or other finished or unfinished
documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM
A. Initial Term -Work Commencement
The Parties respective performances under this Agreement shall commence on the later of either the
Effective Date or July 1, 2016. This Agreement shall terminate on June 30, 2019 unless sooner
terminated or further extended as specified elsewhere herein.
6. STATEMENT OF WORK
A. Completion
The Local Area shall complete the Work and its other obligations as described herein and pursuant to
Exhibits B and D, and any approved NFA, EA, EAM's or IEAMF's before June 30, 2019, unless sooner
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modified or terminated elsewhere herein. The State shall not be liable to compensate the Local Area
for any Work performed prior to the Effective Date or after the termination of this Agreement.
B. Goods and Services
The Local Area shall procure Goods and Services necessary to complete the Work. Such procurement
shall be accomplished using the Agreement funds under the NFA.
C. Employees
All persons employed by the Local Area or Subcontractors of the Local Area shall not be employees of
the State for any purposes under this Agreement.
7. FUNDING
The NFA, EA, EAM, and IEAMF as further defined below and in Exhibit D, modify this Agreement when
executed. The use of NFAs, EA's, EAMs, and lEAMFs are specifically described in Exhibit D, §2, §§A.VI
and §§B.
A. Notification of Funding Availability ( NFA)
Prior to issuance of a NFA, the State shall contact the Local Workforce Region Director ('Director') to
provide clarification for NFA funding allocation(s) or changes to the period of performance. Increases
and decreases in funding allocations shall be mutually agreed to by the Parties prior to State's issuance
of a unilateral NFA for such changes. Acceptance of decreases in funding shall be confirmed in writing by
the Director or designee and submitted to the WDP Policy and Strategic Initiatives Director or designee
in accordance with §17 of this Agreement.
B. EA, EAM and IEAMF Documents
Use of the EA, EAM, and IEAMF shall follow the procedures described in Exhibit D, § 26.1, Paragraphs A-
D. The EA and EAM are signed by both Parties. The IEAMF is signed by the Local Area.
i. Delegated Signature Authority
The Local Area shall grant delegated authority for the Director of the Local Area or County Official to
unilaterally execute the IEAMF, or grant signature authority in accordance with County policy to execute
unilaterally, the IEAMF. Verification of such authority shall be provided to the State pursuant to §17.
C. Performance
The Local Workforce Region shall perform the Work as stated in a funding document or executed
modification and/or amendment. Work shall only begin by the Local Area in accordance with the
provisions of Exhibit D, §2, §§B.II for formula allocated and non -formula allocated funds.
D. Payment To The Local Area
The State shall pay the Local Area, in accordance with the provisions of this §7, any issued NFA letters,
any approved EA's, applicable State issued PGL's, and all applicable provisions in Exhibit D.
E. Maximum Amount
The maximum amount payable under this Agreement to the Local Area by the State shall be determined
by the State from available funds and set forth in any issued NFA. Payments to the Local Area are
limited to the unpaid obligated balance of the Agreement set forth in the NFA.
F. Payment
i. Interest
The State shall issue payment after receipt of the Local Area's invoice and supporting
documentation through CDLE's sub ledger accounting system ('CLEAR'), as described in Exhibit D
§2, §§B.X, within forty-five (45) days thereof if the amount invoiced or requested represents
performance by the Local Area accepted by the State. Uncontested amounts that are not paid by
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the State within forty-five (45) days may bear interest on the unpaid balance beginning on the 46th
day at a rate not to exceed one percent per month until paid in full, provided however, that interest
shall not accrue on unpaid amounts that are subject to a good faith dispute. The Local Area shall
invoice the State separately for accrued interest on delinquent amounts. The billing shall reference
the delinquent payment, the number of day's interest to be paid and the interest rate.
ii. Available Funds -Contingency -Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's
current fiscal year. The Local Area's compensation is contingent upon the continuing availability of
State funds. Payment of Federal funds to the Local Area is also contingent upon the continuing
availability of such funds. Payments under this Agreement shall be made only from available funds
encumbered for this Agreement and the State's liability for such payments shall be limited to the
amount remaining of such encumbered funds. If State or Federal funds are not appropriated, or
otherwise become unavailable to fund this Agreement, the State may immediately terminate this
Agreement in whole or in part without further liability in accordance with the provisions herein.
iii. Erroneous Payments
At the State's sole discretion, payments to the Local Area that are made in error for any reason,
including but not limited to, overpayments, improper payments, and unexpended or excess funds
received by the Local Area, may be recovered from the Local Area by deduction from subsequent
payments under this Agreement, or other agreements, grants or contracts between the Parties, or
may be recovered by other appropriate methods and collected as a debt due to the State. Such
funds shall not be paid to any person or entity other than the State.
G. Use of Funds
Funds shall be used only for eligible costs identified under this Agreement.
8. FUNDING RECAPTURE AND FUNDING RESTRICTIONS
These provisions shall apply to all funding that is provided under this Agreement.
A. Non -Expended Funds
Funding not expended by the Local Area within the period of performance identified in an NFA, EA,
or EAM shall be deobligated and recaptured by the State. Recaptured funds may be reallocated by
the State for use in the next program year(s) up through the grant expiration date. Recapture and
reallocation shall apply to all maximum amounts of spending authority for each funding source
provided to the Local Area under this Agreement.
8. Use Of Funds
Funds shall only be used for:
a) the stated purpose identified in the funding provisions of an NFA, EA, or EAM;
b) allowable services and costs identified in a State approved Local Area project plan;
c) Required Program Elements of a specific program identified in Exhibit D, §4.
d) purposes identified in applicable PGLs; and
e) Federal and State laws and regulations applicable to each funding source.
9. REPORTING - NOTIFICATION
Reports, Evaluations, and Reviews required under this §9 and pursuant to Exhibit D shall be in
accordance with the procedures of and in such form as prescribed by the State in this Agreement.
A. Performance, Progress, Personnel, and Funds
The Local Area shall submit a report to the State upon expiration or sooner termination of this
Agreement, containing an Evaluation and Review of the Local Area's performance and the final status
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of the Local Area's obligations hereunder. In addition, the Local Area shall comply with all reporting
requirements set forth in Exhibit D, §2,§§C.
B. Litigation Reporting
Within ten (10) days after being served with any pleading in a legal action filed with a court or
administrative agency related to this Agreement or which may affect the Local Area's ability to
perform its obligations hereunder, the Local Area shall notify the State of such action and deliver
copies of such pleadings to the State's principal representative identified in §17. If the State's principal
representative is not then serving, such notice and copies shall be delivered to the Executive Director
of the Colorado Department of Labor and Employment.
C. Noncompliance
The Local Area's failure to provide reports and notify the State in a timely manner in accordance with
this §9 may result in delay of payment and/or termination as provided under this Agreement.
D. Subcontracts
Copies of any subcontracts entered into by the Local Area to perform its obligations hereunder shall be
submitted to the State or Federal government upon request. Any subcontracts entered into by the
Local Area related to its performance hereunder shall comply with all terms and conditions of this
Agreement. The Local Area shall ensure that Subcontractor 1) allow the State to audit its books and
records pertaining to this Agreement, and 2) maintain such books and records for a period of six (6)
years after the date of final payment to the Subcontractor.
10. LOCAL AREA RECORDS
A. Maintenance
If there is no violation of any State and/or Federal laws, the Local Area shall make, keep, maintain and
allow inspection and monitoring by the State or Federal government of a complete file of all records,
documents, communications, notes and other written materials, electronic media files, and email
communications pertaining in any manner to the Work , the delivery of Services and Goods hereunder
(including, but not limited to the operation of programs). The Local Area shall maintain such records
until the last to occur of the following: (i) a period of six(6) years after the date this Agreement expires
or is sooner terminated, (ii) final payment is made hereunder, (iii) the resolution of any pending
Agreement matters, (iv) if an audit is occurring, or(v) the Local Area has received notice that an audit is
pending, until such audit has been completed and its findings have been resolved (collectively, the
"Record Retention Period").
B. Inspection
To the extent that there is no violation of any State and/or Federal laws, the Local Area and any and all
of its Subcontractors shall permit the State, the Federal government and any other duly authorized
agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe the Local
Area's records related to this Agreement during the Record Retention Period for a period of six (6)
years following termination of this Agreement or final payment hereunder, whichever is later, to
assure compliance with the terms hereof or to evaluate the Local Area's performance hereunder. The
State reserves the right to inspect the Work at all reasonable times and places during the term of this
Agreement, including any extension of this Agreement. If the Work fails to conform to the
requirements of this Agreement, the State may require the Local Area to promptly bring the Work into
conformity with Agreement requirements, at the Local Area's sole expense. If the Work cannot be
brought into conformance by re -performance or other corrective measures, the State may require the
Local Area to take necessary action, including the termination of subcontracts, to ensure that future
performance conforms to Agreement requirements. The State may also exercise the remedies
available under this Agreement, at law or inequity, in lieu of or in conjunction with such corrective
measures.
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C. Monitoring
To the extent that there is no violation of any State and/or Federal laws, the Local Area shall permit
the State, the Federal government, and other governmental agencies having jurisdiction, at their sole
discretion, to monitor all activities conducted by the Local Area and its Subcontractors pursuant to the
terms of this Agreement using any reasonable procedure, including, but not limited to: internal
evaluation procedures, examination of program data, special analyses, on -site checking, formal audit
examinations, or any other procedures. All monitoring controlled by the State shall be performed in a
manner that shall not interfere with the Local Area's or Subcontractor's performance hereunder.
D. Final Audit Report
If an audit is performed on the Local Area's records for any fiscal year covering a portion of the term of
this Agreement, the Local Area shall submit a copy of the final audit report to the State or its principal
representative at the address specified in §17.
11. CONFIDENTIAL INFORMATION
The Local Area shall comply with the provisions of this §11 if it becomes privy to confidential
information in connection with its performance hereunder. Confidential information, includes, but is
not necessarily limited to, any state records, personnel records, and information concerning
individuals. Such information shall not include information required to be disclosed pursuant to the
Colorado Open Records Act, C.R.S. §24-72-101, et seq.
A. Confidentiality
Local Area shall comply with all laws and regulations concerning confidentiality of State Confidential
information. Any request or demand by a third party for State information in the possession of Local
Area shall be immediately forwarded to the State's principal representative.
8. Notification
Local Area shall provide its agents, employees, Subcontractors, and assigns that may come into contact
with State information with a written explanation of the confidentiality requirements herein to which
they are subject before permitting them to access such State information.
C. Use, Security, and Retention
State information of any kind shall be stored, processed, or transferred only in or to facilities located
within the United States, and shall not be distributed or sold to any third party, retained in any files or
otherwise, or used by Local Area or its agents in any way except as authorized by this Contract, by law,
or approved in writing by the State. Local Area shall provide and maintain a secure environment that
ensures confidentiality of all State Confidential information wherever located. Neither Local Area nor
its Subcontractors shall have any rights to use or access any Office of Information Technology or other
State agency data or information, except with the prior approval of the State.
D. Protection
Local Area is responsible for the protection and security of all State information provided to it by the
State. If Local Area provides physical or logical storage, processing or transmission of, or retains,
stores, or is given State information, Local Area shall, and shall cause its Subcontractors to, (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 Paragraph E 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").
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E. Compliance
Local Area 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.
F. Incident Notice
If Local Area becomes aware of an incident involving any State information, it shall notify the State
immediately and cooperate with the State regarding recovery, remediation, and the necessity to
involve law enforcement, if any. Unless Local Area can establish that Local Area or any of its
Subcontractors is not the cause or source of the incident, Local Area shall be responsible for the cost of
notifying each person whose personal information may have been compromised by the incident.
G. Incident Remediation
Local Area shall be responsible for determining the cause of an incident and for producing a
remediation plan to reduce the risk of incurring a similar type of breach in the future. Local Area shall
present its analysis and remediation plan to the State within ten (10) days of notifying the State of an
incident. The State reserves the right to adjust this plan in its sole discretion. If Local Area cannot
produce its analysis and plan within the allotted time, the State, in its sole discretion, may perform
such analysis and produce a remediation plan and Local Area shall reimburse the State for the
reasonable costs thereof.
H. Disclosure -Liability
Disclosure of State records or other confidential information by the Local Area for any reason may be
cause for legal action by third parties against the Local Area, the State or their respective agents.
I. Safeguarding Pll Data
If Local Area or any of its Subcontractors receives PII Data under this Agreement, Local Area and its
Subcontractor shall provide for the 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. Local Area shall take full responsibility for the security of all PII Data in its
possession or in the possession of its Subcontractors.
12. CONFLICT OF INTEREST
A. General
The Local Area shall not engage in any business or personal activities or practices or maintain any
relationships that conflict in any way with the full performance of the Local Area's obligations
hereunder. The Local Area acknowledges that with respect to this Agreement, even the appearance of
a conflict of interest is harmful to the State's interests. Absent the State's prior written approval, the
Local Area shall refrain from any practices, activities or relationships that reasonably appear to be in
conflict with the full performance of the Local Area's obligations to the State hereunder. If a conflict or
appearance exists, or if the Local Area is uncertain whether a conflict or the appearance of a conflict of
interest exists, the Local Area shall submit to the State a disclosure statement setting forth the
relevant details for the State's consideration. Failure to submit a disclosure statement or to follow the
State's direction concerning the apparent conflict constitutes a breach of this Agreement.
B. Federal Funding
The Local Area shall comply with Federal mandatory disclosure policies regarding conflict of interest.
The Local Area 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
Local Area 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
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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).
13. REPRESENTATIONS AND WARRANTIES
The Local Area makes the following specific representations and warranties, each of which was relied
on by the State in entering into this Agreement.
A. Standard and Manner of Performance
The Local Area shall perform its obligations hereunder in accordance with the highest standards of
care, skill, and diligence in the profession and in the sequence and manner set forth in this Agreement.
B. Legal Authority— Local Area Signatory
The Local Area warrants that it possesses the legal authority to enter into this Agreement and that it
has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that
authority and to lawfully authorize its undersigned signatory to execute this Agreement, or any part
thereof, and to bind the Local Area to its terms. If requested by the State, the Local Area shall provide
the State proof of authority to enter into this Agreement within 15 days of receiving such request.
C. Licenses, Permits, Etc.
The Local Area represents and warrants that as of the Effective Date and during the term of this
Agreement, it shall have and maintain, at its sole expense, all licenses, certifications, approvals,
insurance, permits, and other authorizations required by law to perform its obligations hereunder, and
all Local Area employees, agents and Subcontractors performing Services under this Agreement shall
hold all required licenses or certifications, if any, to perform their responsibilities. Any revocation,
withdrawal, or non -renewal of licenses, certifications, approvals, insurance, permits or any such similar
requirements necessary for the Local Area to comply with the terms of this Agreement is a material
breach by the Local Area and constitutes grounds for termination of this Agreement.
D. Criminal Background Checks
The Local Area shall ensure that all employees and Subcontractor's employees have passed a
comprehensive criminal background check prior to performing Work under this Agreement.
14. INSURANCE
The Local Area and its Subcontractors shall obtain and maintain insurance as specified in this section at
all times during the term of this Agreement: All policies evidencing the insurance coverage required
hereunder shall be issued by insurance companies satisfactory to the Local Area and the State.
A. Local Area
i. Public Entities
The Local Area is a "public entity" within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., as amended (the "GIA"). The Local Area shall maintain at all times during
the term of this Agreement such liability insurance, by commercial policy or self-insurance, as is
necessary to meet its liabilities under the GIA. The Local Area shall show proof of such insurance
satisfactory to the State if requested by the State. The Local Area shall require each Agreement
with a Subcontractor that is a public entity, to include the insurance requirements necessary to
meet Subcontractor's liabilities under the GIA.
B. Subcontractors
The Local Area shall require each agreement with Subcontractors, providing Goods or Services in
connection with this Agreement, other than those that are public entities, to include insurance
requirements substantially similar to the following:
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i. Workers Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance
covering all of Subcontractor's employees acting within the course and scope of their employment.
ii. General Liability
Commercial General Liability Insurance, written on ISO occurrence form CG 00 01 10/93 or
equivalent, covering premises operations, fire damage, independent contractors, products and
completed operations, blanket contractual liability, personal injury, and advertising liability with
minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c)
$1,000,000 products and completed operations aggregate; and (d) $50,000 any one fire. If any
aggregate limit is reduced below $1,000,000 because of claims made or paid, Subcontractors shall
immediately obtain additional insurance to restore the full aggregate limit and furnish to the Local
Area a certificate or other document satisfactory to the Local Area showing compliance with this
provision.
iii. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired, and non -owned autos)
with a minimum limit of $1,000,000 each accident combined single limit.
iv. Additional Insured
State shall be named as additional insured on the Commercial General Liability and Automobile
Liability Insurance policies (leases and construction Agreements require additional insured
coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or equivalent)
required of the Local Area and any Subcontractors hereunder.
v. Primacy of Coverage
Coverage required of the Local Area and Subcontractor shall be primary over any insurance or self-
insurance program carried by the Local Area or the State.
vi. Cancellation
The above insurance policies shall include provisions preventing cancellation or non -renewal
without at least 30 days prior notice to the Local Area, and the Local Area shall forward such notice
to the State in accordance with §17 (Notices and Representatives) within seven (7) days of the Local
Area's receipt of such notice.
vii. Subrogation Waiver
All insurance policies in any way related to this Agreement and secured and maintained by the
Local Area or its Subcontractors as required herein shall include clauses stating that each carrier
shall waive all rights of recovery, under subrogation or otherwise, against the Local Area or the
State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.
C. Certificates
The Local Area shall provide certificates showing insurance coverage required hereunder to the State
within seven (7) business days of the Effective Date of this Agreement and provide certificates showing
insurance coverage to the State for its Subcontractors, prior to any Subcontractor beginning work
pursuant to an executed subcontract. No later than fifteen (15) days prior to the expiration date of
any such coverage, the Local Area and each Subcontractor shall deliver to the State or the Local Area
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any
other time during the term of this Agreement or any subcontract, the Local Area and each
Subcontractor shall, within ten (10) days of such request, supply to the State evidence satisfactory to
the State of compliance with the provisions of this §14.
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15. BREACH
A. Defined
In addition to any breaches specified in other sections of this Agreement, the failure of either Party to
perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory
manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency,
reorganization or similar law, by or against the Local Area, or the appointment of a receiver or similar
officer for the Local Area or any of its property, which is not vacated or fully stayed within twenty (20)
days after the institution or occurrence thereof, shall also constitute a breach.
B. Notice and Cure Period
In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other
Party in the manner provided in §17. If such breach is not cured within thirty (30) days of receipt of
written notice, or if a cure cannot be completed within thirty (30) days, or if cure of the breach has not
begun within thirty (30) days and pursued with due diligence, the State may exercise any of the
remedies set forth in §16. Notwithstanding anything to the contrary herein, the State, in its sole
discretion, need not provide advance notice or a cure period and may immediately terminate this
Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent
immediate public crisis.
16. REMEDIES
If the Local Area is in breach under any provision of this Agreement, the State shall have all of the
remedies listed in this §16 in addition to all other remedies set forth in other sections of this
Agreement. Following the notice and cure period set forth in §15B, the State may exercise any or all of
the remedies available to it, in its sole discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If the Local Area fails to perform any of its obligations hereunder with such diligence as is required to
ensure its completion in accordance with the provisions of this Agreement and in a timely manner, the
State may notify the Local Area of such non-performance in accordance with the provisions herein. If
the Local Area thereafter fails to cure such non-performance within the cure period, the State, at its
option, may terminate this entire Agreement or such part of this Agreement as to which there has
been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed a
breach of its obligations hereunder. The Local Area shall continue performance of this Agreement to
the extent not terminated, if any.
B. Obligations and Rights
To the extent specified in any termination notice, the Local Area shall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and subcontracts with third parties. However, the Local Area shall complete and
deliver to the State all Work, Services, and Goods not cancelled by the termination notice and may
incur obligations as are necessary to do so within this Agreement's terms. At the sole discretion of the
State, the Local Area shall assign to the State all of the Local Area's rights, title, and interest under such
terminated orders or subcontracts. Upon termination, the Local Area shall take timely, reasonable and
necessary action to protect and preserve property in the possession of the Local Area in which the
State has an interest. All materials owned by the State in the possession of the Local Area shall be
immediately returned to the State. At the option of the State, all Work Product shall be delivered by
the Local Area to the State and shall become the State's property.
C. Payments
The State shall reimburse the Local Area only for accepted performance up to the date of termination.
If, after termination by the State, it is determined that the Local Area was not in breach or that the
Local Area's action or inaction was excusable, such termination shall be treated as a termination in the
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public interest and the rights and obligations of the Parties shall be the same as if this Agreement had
been terminated in the public interest, as described herein.
D. Damages and Withholding
Notwithstanding any other remedial action by the State, the Local Area also shall remain liable to the
State for any damages sustained by the State by virtue of any breach under this Agreement by the
Local Area and the State may withhold any payment to the Local Area for the purpose of mitigating the
State's damages until such time as the exact amount of damages due to the State from the Local Area
is determined. The State may withhold any amount that may be due the Local Area as the State deems
necessary to protect the State against loss, including loss as a result of outstanding liens or claims of
former lien holders, or for the excess costs incurred in procuring similar goods or services. The Local
Area shall be liable for excess costs incurred by the State in procuring from third Parties replacement
Work, Services, or substitute Goods as cover.
E. Early Termination in the Public Interest
The State is entering into this Agreement for carrying out the public policy of the State of Colorado, as
determined by its Governor, General Assembly, and/or Courts. If this Agreement ceases to further the
public policy of the State, the State, in its sole discretion, may terminate this Agreement in whole or in
part. Exercise by the State of this right shall not constitute a breach of the State's obligations
hereunder. This subsection shall not apply to a termination of this Agreement by the State for cause or
breach by the Local Area, which shall be governed by §16(A), or as otherwise specifically provided for
herein.
i. Method and Content
The State shall notify the Local Area of such termination in accordance with §17. The notice shall
specify the effective date of termination and if it affects all or a portion of this Agreement.
ii. Obligations and Rights
Upon receipt of a termination notice, the Local Area shall be subject to and comply with the same
obligations and rights set forth in §16(B).
iii. Payments
If this Agreement is terminated by the State pursuant to this §16(E), the Local Area shall be paid an
amount which bears the same ratio to the total reimbursement under an EA, as the Services
satisfactorily performed bear to the total Services by the EA, less payments previously made.
Additionally, if the EA is less than 60% completed, the State may reimburse the Local Area for a portion
of actual out-of-pocket expenses that are incurred by the Local Area, and that are directly attributable
to the uncompleted portion of the Local Area's obligations under an EA document.
F. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to
other remedies available to it:
i. Suspend Performance
Suspend the Local Area's performance with respect to all or any portion of this Agreement pending
necessary corrective action as specified by the State without entitling the Local Area to an
adjustment in price/cost or performance schedule. The Local Area shall promptly cease
performance and incurring costs in accordance with the State's directive and the State shall not be
liable for costs incurred by the Local Area after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to the Local Area until corrections in the Local Area's performance are
satisfactorily made and completed.
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iii. Deny Payment
Deny payment for those obligations not performed that, due to the Local Area's actions or
inactions, cannot be performed or, if performed, would be of no value to the State, provided that
any denial of payment shall be reasonably related to the value to the State of the obligations not
performed.
iv. Intellectual Property
If the Local Area infringes on a patent, copyright, trademark, trade secret or other intellectual
property right while performing its obligations under this Agreement, the Local Area shall, at the
State's option, (a) obtain for the State or the Local Area the right to use such products and services;
(b) replace any Goods, Services, or other product involved with non -infringing products or modify
them so that they become non -infringing; or, (c) if neither of the foregoing alternatives are
reasonably available, remove any infringing Goods, Services, or products and refund the price paid
therefore to the State.
17. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices that
must be given hereunder shall be hand delivered with receipt required or sent by certified or registered
mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu
of, a hard -copy notice, notice also may be sent by e-mail to the e-mail addresses, if any, set forth below.
Either Party may from time to time designate by written notice substitute addresses or persons to
whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon
receipt.
A. State:
Lisa Eze, Director,
Procurement and Contract Services
Department of Labor and Employment
633 17th Street, 11th Floor, Denver, CO 80202-3631
303.318.8054, Iisa.eze@state.co.us
B. Local Area:
With a copy to:
Elise Lowe -Vaughn, Director
Workforce Programs, Policy and Strategic Initiatives
Department of Labor and Employment
633 17th Street, 7th Floor, Denver, CO 80202-3627
303.318.8807, elise.lowe-vaughn@state.co.us
Mike Freeman, Chair
The Board of Weld County Commissioners
1150 O Street, PO Box 758
Greeley, CO 80632-0758
970-336-7204
mfreeman@weldgov.com
Employment Services of Weld County
Tami Grant, Division Head
PO Box 1805
Greeley, CO 80632
970-353-3800 x6754
tgrant@weldgov.com
18. RIGHTS IN DATA, DOCUMENTS, COMPUTER SOFTWARE, AND COPYRIGHT
Any software, research, reports, studies, data, photographs, negatives or other documents, drawings,
models, materials, or Work Product of any type, including drafts prepared by the Local Area in the
performance of its obligations under this Agreement shall be the exclusive property of the State and all
Work Product shall be delivered to the State by the Local Area upon completion or termination hereof.
The State's exclusive rights in such Work Product shall include, but not be limited to, the right to copy,
publish, display, transfer, and prepare derivative works. The Local Area shall not use, willingly allow,
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cause or permit such Work Product to be used for any purpose other than the performance of the Local
Area's obligations hereunder without the prior written consent of the State.
A. Data and Information
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 Local Area shall not publish or reproduce any data or other
information, however contained, in whole or in part, which is recorded in any form or medium
whatsoever and which is delivered or specified to be delivered under this Agreement; nor may the
Local Area authorize or permit others to do so, without the prior 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. License
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 Agreement, including any subcontracts; and ii) any rights of copyright
to which the Local Area or a Subcontractor purchases ownership under this Agreement (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, that 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.
C. Copyrights
The Local Area shall comply with the copyright requirements of 29 CFR 97.34. The Local Area shall give
notice of these rights in data and copyright requirements in all its subcontracts and vendor
agreements.
D. Public Domain
The Local Area, its Subcontractors, and the State are 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.
19. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado
Governmental Immunity Act, CRS §24-10-101, et seq., as amended. Liability for claims for injuries to
persons or property arising from the negligence of the State of Colorado, its departments, institutions,
agencies, boards, officials, and employees is controlled and limited by the provisions of the
Governmental Immunity Act and the risk management statutes, CRS §24-30-1501, et seq., as amended.
20. STATEWIDE CONTRACT MANAGEMENT SYSTEM
The Local Area's performance shall be subject to Evaluation and Review in accordance with the terms
and conditions of this Agreement, State law, including C.R.S. §24-103.5-101, and State Fiscal Rules,
Policies and Guidance. Evaluation and Review of the Local Area's performance shall be part of the
normal contract administration process and the Local Area's performance will be systematically
recorded in the statewide Contract Management System.
A. Evaluation and Review
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Evaluation and Review shall include, but shall not be limited to, quality, cost, and timeliness. Collection
of information relevant to the performance of the Local Area's obligations under this Agreement shall be
determined by the specific requirements of such obligations and shall include factors tailored to match
the requirements of the Local Area's obligations. Such performance information shall be entered into
the statewide Contract Management System at intervals established herein and a final Evaluation,
Review, and Rating shall be rendered within thirty (30) days of the end of the Agreement term. The
Local Area shall be notified following each performance Evaluation and Review and shall address or
correct any identified problem in a timely manner and maintain work progress.
8. Final Performance Evaluation
If the final performance Evaluation and Review determines that the Local Area demonstrated a gross
failure to meet the performance measures established hereunder, the Executive Director of the
Colorado Department of Personnel and Administration (Executive Director), upon request by the
Colorado Department of Labor and Employment and showing of good cause, may debar the Local Area
and prohibit the Local Area from bidding on future contracts. The Local Area may contest the final
Evaluation, Review, and Rating by: (a) filing rebuttal statements which may result in either removal or
correction of the evaluation (C.R.S. §24-105-102(6)), or (b) under C.R.S. §24-105-102(6), exercising the
debarment protest and appeal rights provided in C.R.S. §§24-109-106, 107, 201 or 202, which may result
in the reversal of the debarment and reinstatement of the Local Area by the Executive Director upon a
showing of good cause.
21. GENERAL PROVISIONS
A. Assignment and Subcontracts
The Local Area's rights and obligations hereunder are personal and may not be transferred, assigned or
subcontracted without the prior, written consent of the State. Any attempt at assignment, transfer, or
subcontracting without such consent shall be void. All assignments, subcontracts, or Subcontractors
approved by the Local Area or the State are subject to all of the provisions hereof. The Local Area shall
be solely responsible for all aspects of subcontracting and Subcontractor's compliance with the
provisions of this Agreement.
B. Binding Effect
Except as otherwise provided in §21(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives,
successors, and assigns.
C. Captions
The captions and headings in this Agreement are for convenience of reference only, and shall not be
used to interpret, define, or limit its provisions.
0. Counterparts
This Agreement may be executed in multiple identical original counterparts, all of which shall
constitute one agreement.
E. Entire Understanding
This Agreement represents the complete integration of all understandings between the Parties and all
prior representations and understandings, oral or written, are merged herein. Prior or
contemporaneous additions, deletions, or other changes hereto shall not have any force or effect
whatsoever, unless embodied herein.
F. Jurisdiction and Venue
All suits, actions, or proceedings related to this Agreement shall be held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
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G. Modification
i. By the Parties
Except as specifically provided in this Agreement, modifications of this Agreement shall not be
effective unless agreed to in writing by the Parties in an amendment to this Agreement, properly
executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and
Office of the State Controller Policies. Modifications permitted under this Contract, other than
contract amendments, shall conform to the Policies of the Office of the State Controller, including,
but not limited to, the policy entitled MODIFICATIONS OF CONTRACTS - TOOLS AND FORMS.
ii. By Operation of Law
This Agreement is subject to such modifications as may be required by changes in Federal or
Colorado State law, or their implementing regulations. Any such required modification
automatically shall be incorporated into and be part of this Agreement on the effective date of such
change, as if fully set forth herein.
H. Order of Precedence
The provisions of this Agreement shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Agreement and its exhibits and attachments including, but not limited to,
those provided by the Local Area, such conflicts or inconsistencies shall be resolved by reference to the
documents in the following order of priority:
a) Exhibit A, Federal Funding Accountability and Transparency Act of 2006 ("FFATA"), as
amended
b) Colorado Special Provisions,
c) The provisions of the main body of this Agreement,
d) Exhibit B, Local Plan
e) Exhibit D, PY 16 Administrative Requirements and Funding Provisions
f) Exhibit E, Notice of Fund Availability -EXECUTED
g) Exhibit C, Expenditure Authorization -EXECUTED
h) Exhibit K, Informal EA Modification -EXECUTED
i) Exhibit L, Federal and State Laws
j) Exhibits F -J, Federal Certifications and Assurances
I. Severability
Provided this Agreement can be execute, and performance of the Parties obligations accomplished
within its intent, the provisions hereof are severable, and any provision that is declared invalid or
becomes inoperable for any reason shall not affect the validity of any other provision, provided that
the Parties can continue to perform their obligations under this Agreement in accordance with its
intent.
J. Survival of Certain Agreement Terms
Notwithstanding anything herein to the contrary, provisions of this Agreement requiring continued
performance, compliance, or effect after termination hereof, shall survive such termination and shall
be enforceable by the State if the Local Area fails to perform or comply as required.
K. Taxes
The State is exempt from all Federal excise taxes under IRC Chapter 32 (No. 84-730123K) and from all
State and local government sales and use taxes under C.R.S. §§39-26-101 and 201 et seq. Such
exemptions apply when materials are purchased or services rendered to benefit the State provided,
however, that certain political subdivisions (e.g., City of Denver) may require payment of sales or use
taxes even though the product or service is provided to the State. The Local Area shall be solely liable
for paying such taxes as the State is prohibited from paying for or reimbursing the Local Area for such
taxes.
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L. Third Party Beneficiaries
Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the
Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental
to the Agreement and do not create any rights for such third parties.
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M. Waiver
Waiver of any breach of a term, provision, or requirement of this Agreement, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver
of any subsequent breach of such term, provision, or requirement, or of any other term, provision, or
requirement.
N. Governor's Executive Orders for Greening of State Government.
Pursuant to Colorado Governor's Executive Order D-2015-013, the State is committed to taking a
leadership position in the areas of energy and water efficiency, petroleum reduction, greenhouse gas
emissions reduction, and environmental preferable purchasing that affect the health and well-being of
Colorado citizens. During the term of this Agreement, the State encourages the Local Area and its
Subcontractors to consider environmental factors in all business and purchasing decisions and to
consider giving preference to products and services that have a lesser or reduced effect on human
health and the environment.
O. CORA Disclosure
To the extent not prohibited by Federal law, this Contract and the performance measures and
standards under C.R.S. §24-103.5-101, if any, are subject to public release through the Colorado Open
Records Act, C.R..S §24-72-101, et seq.
P. Nondiscrimination
Local Area 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.
Q. Compliance with Federal and State Law
The Local Area shall fully comply with the Workforce Innovation and Opportunity Act of 2014 (WIOA)
and the WIOA Technical Amendments Act (Public Law #114-18) as referenced in the Federal Training
and Employment Guidance Notice (TEN) #10-15 issued on September 17, 2015, both of which include
the Wagner-Peyser Act of 1933 as amended, the Jobs for Veterans Act of 2002 and all regulations
promulgated thereunder, and all other applicable laws executive orders, regulations, and policies,
including, but not limited to, those listed in Exhibit L. In addition, the Local Area shall fully comply
with OMB 2 CFR Part 200 Uniform Guidance 2013, as amended, including Appendix A to Exhibit A.
22. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics. For purposes of this
Agreement, the terms 'contract' and 'Contractor' as used in these Special Provisions also mean
"Agreement' and 'Local Area' respectively.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1)
This contract shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5)
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.
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C. GOVERNMENTAL IMMUNITY
No term or condition of this contract shall be construed or interpreted as a waiver, express or implied,
of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado
Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.
§§1346(b) and 2671 et seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Contractor shall perform its duties hereunder as an independent contractor and not as an employee.
Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or
employee of the State. Contractor and its employees and agents are not entitled to unemployment
insurance or workers compensation benefits through the State and the State shall not pay for or
otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment
insurance benefits will be available to Contractor and its employees and agents only if such coverage is
made available by Contractor or a third Party. Contractor shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this contract.
Contractor shall not have authorization, express or implied, to bind the State to any agreement,
liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in
force workers' compensation and unemployment compensation insurance in the amounts required by
law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts
and those of its employees and agents.
E. COMPLIANCE WITH LAW
Contractor shall strictly comply with all applicable Federal and State laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. CHOICE OF LAW
Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution, and enforcement of this contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision
incorporated herein by reference which purports to negate this or any other Special Provision in whole
or in part shall not 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 shall not invalidate the remainder of this contract, to the extent capable of execution.
G. BINDING ARBITRATION PROHIBITED
The State of Colorado does not agree to binding arbitration by any extra -judicial body or person. Any
provision to the contrary in this contract or incorporated herein by reference shall be null and void.
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
State or other public funds payable under this contract shall not be used for the acquisition, operation,
or maintenance of computer software in violation of Federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any
extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent
such improper use of public funds. If the State determines that Contractor is in violation of this
provision, the State may exercise any remedy available at law or in equity or under this contract,
including, without limitation, immediate termination of this contract and any remedy consistent with
Federal copyright laws or applicable licensing restrictions.
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-507
The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this contract. Contractor has no interest
FINAL4.15.16
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CDLE CMS #17-89950 (PY16)
and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with
the performance of Contractor's services and Contractor shall not employ any person having such
known interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.
[Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4 (3.5), the State
Controller may withhold payment under the State's vendor offset intercept system for debts owed to
State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of
tax, accrued interest, or other charges specified in CRS §39-21-101, et seq.; (c) unpaid loans due to the
Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final
agency determination or judicial action.
K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101.
(Not applicable to agreements relating to the offer, issuance, or sale of securities, investment
advisory services or fund management services, sponsored projects, intergovernmental agreements,
or information technology services or products and services] Contractor certifies, warrants, and
agrees that it does not knowingly employ or contract with an illegal alien who will perform work under
this contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this contract, through participation in the E -
Verify Program or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this contract or
enter into a contract with a Subcontractor that fails to certify to Contractor that the Subcontractor
shall not knowingly employ or contract with an illegal alien to perform work under this contract.
Contractor (a) shall not use E -Verify Program or Department program procedures to undertake pre-
employment screening of job applicants while this contract is being performed, (b) shall notify the
Subcontractor and the contracting State agency within three days if Contractor has actual knowledge
that a Subcontractor is employing or contracting with an illegal alien for work under this contract, (c)
shall terminate the subcontract if a subcontractor does not stop employing or contracting with the
illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests
made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the State program. If
Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the
contracting State agency, institution of higher education or political subdivision may terminate this
contract for breach and, if so terminated, Contractor shall be liable for damages.
L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101.
Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States
pursuant to Federal law, (b) shall comply with the provisions of CRS §24-76.5-101 et seq., and (c) has
produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this
Agreement.
FINAL4.15.16
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COLE CMS #17-89950(PY16)
23. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for Local Area hereby swear and affirm that they are authorized to act on Local
Area's behalf and acknowledge that the State is relying on their representations to that effect.
THE
BY:
LOCAL AREA
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY
'�(�". yn� ,'' -�
° ' ""'Q�/
By:
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Labor and Employment
Ellen Golombek, Executive Director
Mike Freeman, Chair
Date: JUN 2 9 2016
William B. Dowling, Director
Division of Employment and Training
Date:
By:
Insert 2nd signature if needed
By:
LEGAL REVIEW
Cynthia Coffman , Attorney General
NA
Name of Authorized Individual, Title
Date:
Assistant Attorney General
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto, the State of Colorado is
not obligated to pay Contractor for such performance or for any goods and/or services provided
hereunder.
STATE CONTROLLER
ROBERTJAROS, CPA, MBA, JD
By:
State Controller Delegate
Date:
FINAL4.15.16
22 of21
CDLE CMS #17-89950 (PY16)
23. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
* Persons signing for Local Area hereby swear and affirm that they are authorized to act on Local
Area's behalf and acknowledge that the State is relying on their representations to that effect.
THE
By:
LOCAL AREA
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY
SEE ATTACHED FOR SIGNATURE.
By:
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Labor and Employment
Ellen Golombek, Executive Director
Mike Freeman Chair
Date:
William B. Dowling, Direc
Division of Employment and Training
Date: i2 -(4
By:
Insert 2nd signature if needed
By:
LEGAL REVIEW
Cynthia Coffman , Attorney General
NA
Name of Authorized Individual, Title
Date:
Assistant Attorney General
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid
until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin
performance until such time. If Contractor begins performing prior thereto, the State of Colorado is
not obligated to pay Contractor for such performance or for any goods and/or services provided
hereunder.
STATE CONTROLLER
R ERT JAROS, CPA, MBA, JD
By:
State troller Delegate
Date:
1
FINAL4.15.16
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State of Colorado
Supplemental Provisions for
Federally Funded Contracts, Grants, and Purchase Orders
Subject to
The Federal Funding Accountability and Transparency
Act of 2006 (FFATA), As Amended
Revised as of 3-20-13
The contract, grant, or purchase order to which these
Supplemental Provisions are attached has been funded, in
whole or in part, with an Award of Federal funds. In the event
of a conflict between the provisions of these Supplemental
Provisions, the Special Provisions, the contract or any
attachments or exhibits incorporated into and made a part of
the contract, the provisions of these Supplemental Provisions
shall control.
1. Definitions. For the purposes of these Supplemental
Provisions, the following terms shall have the meanings
ascribed to them below.
1.1.
"Award" means an award of Federal financial
assistance that a non -Federal Entity receives or
administers in the form of:
1.1.1. Grants;
1.1.2. Contracts;
1.1.3. Cooperative agreements, which do
not include cooperative research and
development agreements (CRDA)
pursuant to the Federal Technology
Transfer Act of 1986, as amended (15
U.S.C. 3710);
1.1.4. Loans;
1.1.5. Loan Guarantees;
1.1.6. Subsidies;
1.1.7. Insurance;
1.1.8. Food commodities;
1.1.9. Direct appropriations;
1.1.10. Assessed and voluntary contributions;
and
1.1.11. Other financial assistance transactions
that authorize the expenditure of
Federal funds by non -Federal
Entities.
Award does not include:
1.1.12. Technical assistance, which provides
services in lieu of money;
1.1.13. A transfer of title to Federally -owned
property provided in lieu of money;
even if the award is called a grant;
1.1.14. Any award classified for security
purposes; or
1.1.15. Any award funded in whole or in part
with Recovery funds, as defined in
section 1512 of the American
Recovery and Reinvestment Act
(ARRA) of 2009 (Public Law 111-5).
1.2. "Contract" means the contract to which these
Supplemental Provisions are attached and includes
all Award types in §1.1.1 through 1.1.11 above.
Exhibit A
1.3. "Contractor" means the party or parties to a
Contract funded, in whole or in part, with Federal
financial assistance, other than the Prime
Recipient, and includes grantees, subgrantees,
Subrecipients, and borrowers. For purposes of
Transparency Act reporting, Contractor does not
include Vendors.
1.4. "Data Universal Numbering System (DUNS)
Number" means the nine -digit number established
and assigned by Dun and Bradstreet, Inc. to
uniquely identify a business entity. Dun and
Bradstreet's website may be found at:
http://fedgov.dnb.com/webform.
1.5. "Entity" means all of the following as defined at 2
CFR part 25, subpart C;
1.5.1. A governmental organization, which
is a State, local government, or Indian
Tribe;
1.5.2. A foreign public entity;
1.5.3. A domestic or foreign non-profit
organization;
1.5.4. A domestic or foreign for-profit
organization; and
1.5.5. A Federal agency, but only a
Subrecipient under an Award or
Subaward to a non -Federal entity.
1.6. "Executive" means an officer, managing partner or
any other employee in a management position.
1.7. "Federal Award Identification Number (FAIN)"
means an Award number assigned by a Federal
agency to a Prime Recipient.
1.8. "FFATA" means the Federal Funding
Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of
Public Law 110-252. FFATA, as amended, also is
referred to as the "Transparency Act."
1.9. "Prime Recipient" means a Colorado State
agency or institution of higher education that
receives an Award.
1.10. "Subaward" means a legal instrument pursuant to
which a Prime Recipient of Award funds awards
all or a portion of such funds to a Subrecipient, in
exchange for the Subrecipient's support in the
performance of all or any portion of the substantive
project or program for which the Award was
granted.
1.11. "Subrecipient" means a non -Federal Entity (or a
Federal agency under an Award or Subaward to a
non -Federal Entity) receiving Federal funds
through a Prime Recipient to support the
performance of the Federal project or program for
which the Federal funds were awarded. A
Subrecipient is subject to the terms and conditions
of the Federal Award to the Prime Recipient,
including program compliance requirements. The
term "Subrecipient" includes and may be referred
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to as Subgrantee.
1.12. "Subrecipient Parent DUNS Number" means the
subrecipient parent organization's 9 -digit Data
Universal Numbering System (DUNS) number that
appears in the subrecipient's System for Award
Management (SAM) profile, if applicable.
1.13. "Supplemental Provisions" means these
Supplemental Provisions for Federally Funded
Contracts, Grants, and Purchase Orders subject to
the Federal Funding Accountability and
Transparency Act of 2006, As Amended, as may
be revised pursuant to ongoing guidance from the
relevant Federal or State of Colorado agency or
institution of higher education.
1.14. "System for Award Management (SAM)" means
the Federal repository into which an Entity must
enter the information required under the
Transparency Act, which may be found at
http://www.sam.gov.
1.15. "Total Compensation" means the cash and
noncash dollar value earned by an Executive
during the Prime Recipient's or Subrecipient's
preceding fiscal year and includes the following:
1.15.1. Salary and bonus;
1.15.2. Awards of stock, stock options, and
stock appreciation rights, using the
dollar amount recognized for
financial statement reporting
purposes with respect to the fiscal
year in accordance with the Statement
of Financial Accounting Standards
No. 123 (Revised 2005) (FAS 123R),
Shared Based Payments;
1.15.3. Earnings for services under non -
equity incentive plans, not including
group life, health, hospitalization or
medical reimbursement plans that do
not discriminate in favor of
Executives and are available
generally to all salaried employees;
1.15.4. Change in present value of defined
benefit and actuarial pension plans;
1.15.5. Above -market earnings on deferred
compensation which is not tax -
qualified;
1.15.6. Other compensation, if the aggregate
value of all such other compensation
(e.g. severance, termination
payments, value of life insurance paid
on behalf of the employee, perquisites
or property) for the Executive
exceeds $10,000.
1.16. "Transparency Act" means the Federal Funding
Accountability and Transparency Act of 2006
(Public Law 109-282), as amended by §6202 of
Public Law 110-252. The Transparency Act also is
referred to as FFATA.
Exhibit A
1.17 "Vendor" means a dealer, distributor, merchant or
other seller providing property or services required
for a project or program funded by an Award. A
Vendor is not a Prime Recipient or a Subrecipient
and is not subject to the terms and conditions of the
Federal award. Program compliance requirements
do not pass through to a Vendor.
2. Compliance. Contractor shall comply with all applicable
provisions of the Transparency Act and the regulations
issued pursuant thereto, including but not limited to these
Supplemental Provisions. Any revisions to such
provisions or regulations shall automatically become a
part of these Supplemental Provisions, without the
necessity of either party executing any further instrument.
The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be
a condition precedent to the effectiveness of such
revisions.
3. System for Award Management (SAM) and Data
Universal Numbering System (DUNS) Requirements.
3.1. SAM. Contractor shall maintain the currency of its
information in SAM until the Contractor submits
the final financial report required under the Award
or receives final payment, whichever is later.
Contractor shall review and update SAM
information at least annually after the initial
registration, and more frequently if required by
changes in its information.
3.2. DUNS. Contractor shall provide its DUNS number
to its Prime Recipient, and shall update
Contractor's information in Dun & Bradstreet, Inc.
at least annually after the initial registration, and
more frequently if required by changes in
Contractor's information.
4. Total Compensation. Contractor shall include Total
Compensation in SAM for each of its five most highly
compensated Executives for the preceding fiscal year if:
4.1. The total Federal funding authorized to date under
the Award is $25,000 or more; and
4.2. In the preceding fiscal year, Contractor received:
4.2.1. 80% or more of its annual gross
revenues from Federal procurement
contracts and subcontracts and/or
Federal financial assistance Awards
or Subawards subject to the
Transparency Act; and
4.2.2. $25,000,000 or more in annual gross
revenues from Federal procurement
contracts and subcontracts and/or
Federal financial assistance Awards
or Subawards subject to the
Transparency Act; and
4.3. The public does not have access to information
about the compensation of such Executives through
2 017
periodic reports filed under section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d) or § 6104 of the Internal Revenue
Code of 1986.
5. Reporting. Contractor shall report data elements to SAM
and to the Prime Recipient as required in §7 below if
Contractor is a Subrecipient for the Award pursuant to the
Transparency Act. No direct payment shall be made to
Contractor for providing any reports required under these
Supplemental Provisions and the cost of producing such
reports shall be included in the Contract price. The
reporting requirements in §7 below are based on guidance
from the US Office of Management and Budget (OMB),
and as such are subject to change at any time by OMB.
Any such changes shall be automatically incorporated
into this Contract and shall become part of Contractor's
obligations under this Contract, as provided in §2 above.
The Colorado Office of the State Controller will provide
summaries of revised OMB reporting requirements at
http://www.colorado.gov/dpa/dfp/sco/FFATA.htm.
6. Effective Date and Dollar Threshold for Reporting.
The effective date of these Supplemental Provisions apply
to new Awards as of October I, 2010. Reporting
requirements in §7 below apply to new Awards as of
October 1, 2010, if the initial award is $25,000 or more.
If the initial Award is below $25,000 but subsequent
Award modifications result in a total Award of $25,000 or
more, the Award is subject to the reporting requirements
as of the date the Award exceeds $25,000. If the initial
Award is $25,000 or more, but funding is subsequently
de -obligated such that the total award amount falls below
$25,000, the Award shall continue to be subject to the
reporting requirements.
7. Subrecipient Reporting Requirements. If Contractor is
a Subrecipient, Contractor shall report as set forth below.
7.1 ToSAM. A Subrecipient shall register in SAM and
report the following data elements in SAM for
each Federal Award Identification Number no later
than the end of the month following the month in
which the Subaward was made:
7.1.1 Subrecipient DUNS Number;
7.1.2 Subrecipient DUNS Number + 4 if
more than one electronic funds
transfer (EFT) account;
7.1.3 Subrecipient Parent DUNS Number;
7.1.4 Subrecipient's address, including:
Street Address, City, State, Country,
Zip + 4, and Congressional District;
7.1.5 Subrecipient's top 5 most highly
compensated Executives if the criteria
in §4 above are met; and
7.1.6 Subrecipient's Total Compensation of
top 5 most highly compensated
Executives if criteria in §4 above met.
Exhibit A
7.2 To Prime Recipient. A Subrecipient shall report
to its Prime Recipient, upon the effective date of
the Contract, the following data elements:
7.2.1 Subrecipient's DUNS Number as
registered in SAM.
7.2.2 Primary Place of Performance
Information, including: Street
Address, City, State, Country, Zip
code + 4, and Congressional District.
8. Exemptions.
8.1. These Supplemental Provisions do not apply to an
individual who receives an Award as a natural
person, unrelated to any business or non-profit
organization he or she may own or operate in his or
her name.
8.2 A Contractor with gross income from all sources of
less than $300,000 in the previous tax year is
exempt from the requirements to report Subawards
and the Total Compensation of its most highly
compensated Executives.
8.3 Effective October 1, 2010, "Award" currently
means a grant, cooperative agreement, or other
arrangement as defined in Section 1.1 of these
Special Provisions. On future dates "Award" may
include other items to be specified by OMB in
policy memoranda available at the OMB Web site;
Award also will include other types of Awards
subject to the Transparency Act.
8.4 There are no Transparency Act reporting
requirements for Vendors.
9. Event of Default. Failure to comply with these
Supplemental Provisions shall constitute an event of
default under the Contract and the State of Colorado may
terminate the Contract upon 30 days prior written notice if
the default remains uncured five calendar days following
the termination of the 30 day notice period. This remedy
will be in addition to any other remedy available to the
State of Colorado under the Contract, at law or in equity.
Appendix A - Supplemental Provisions for Federal
Awards
Subject to
The Office of Management and Budget Uniform
Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards ("Uniform
Guidance"),
Federal Register, Vol. 78, No. 248, 78590
The agreement to which these Uniform Guidance
Supplemental Provisions are attached has been funded, in
whole or in part, with an award of Federal funds. In the
event of a conflict between the provisions of these
Supplemental Provisions, the Special Provisions, the
agreement or any attachments or exhibits incorporated into
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and made a part of the agreement, the provisions of these
Uniform Guidance Supplemental Provisions shall control.
In the event of a conflict between the provisions of these
Supplemental Provisions and the FFATA Supplemental
Provisions, the FFATA Supplemental Provisions shall
control.
1. Definitions. For the purposes of these Supplemental
Provisions, the following terms shall have the
meanings ascribed to them below.
1.1. "Award" means an award by a Recipient to a
Subrecipient funded in whole or in part by a
Federal Award. The terms and conditions of
the Federal Award flow down to the Award
unless the terms and conditions of the Federal
Award specifically indicate otherwise. 2 CFR
§200.38
1.2. "Federal Award" means an award of Federal
financial assistance or a cost -reimbursement
contract under the Federal Acquisition
Requirements by a Federal Awarding Agency
to a Recipient. "Federal Award" also means
an agreement setting forth the terms and
conditions of the Federal Award. The term
does not include payments to a contractor or
payments to an individual that is a beneficiary
of a Federal program.
1.3. "Federal Awarding Agency" means a
Federal agency providing a Federal
Award to a Recipient. 2 CFR §200.37
1.4. "FFATA" means the Federal Funding
Accountability and Transparency Act of
2006 (Public Law 109-282), as amended
by §6202 of Public Law 110-252.
1.5. "Grant" or "Grant Agreement" means an
agreement setting forth the terms and conditions
of an Award. The term does not include an
agreement that provides only direct Federal cash
assistance to an individual, a subsidy, a loan, a
loan guarantee, insurance, or acquires property
or services for the direct benefit of use of the
Federal Awarding Agency or Recipient. 2
CFR§200.5 I.
1.6. "OMB" means the Executive Office of the
President, Office of Management and Budget.
1.7. "Recipient" means a Colorado State
department, agency or institution of higher
education that receives a Federal Award from a
Federal Awarding Agency to carry out an
activity under a Federal program. The term
does not include Subrecipients. 2 CFR §200.86
1.8. "State" means the State of Colorado,
acting by and through its departments,
agencies and institutions of higher
education.
1.9. "Subrecipient" means a non -Federal entity
Exhibit A
receiving an Award from a Recipient to carry
out part of a Federal program. The term does
not include an individual who is a beneficiary of
such program.
1.10. "Uniform Guidance" means the Office of
Management and Budget Uniform
Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards,
which supersedes requirements from OMB
Circulars A-21, A-87, A-110, and A-122, OMB
Circulars A-89, A-102, and A -I33, and the
guidance in Circular A-50 on Single Audit Act
follow-up. The terms and conditions of the
Uniform Guidance flow down to Awards to
Subrecipients unless the Uniform Guidance or
the terms and conditions of the Federal Award
specifically indicate otherwise.
1.11. "Uniform Guidance Supplemental
Provisions" means these Supplemental
Provisions for Federal Awards subject to the
OMB Uniform Guidance, as may be revised
pursuant to ongoing
guidance from relevant Federal agencies or the Colorado State
Controller.
2. Compliance. Subrecipient shall comply with all
applicable provisions of the Uniform Guidance,
including but not limited to these Uniform Guidance
Supplemental Provisions. Any revisions to such
provisions automatically shall become a part of these
Supplemental Provisions, without the necessity of
either party executing any further instrument. The
State of Colorado may provide written notification to
Subrecipient of such revisions, but such notice shall not
be a condition precedent to the effectiveness of such
revisions.
3. Procurement Standards.
3.1 Procurement Procedures. Subrecipient shall
use its own documented procurement
procedures which reflect applicable State, local,
and Tribal laws and regulations, provided that
the procurements conform to applicable Federal
law and the standards identified in the Uniform
Guidance, including without limitation,
§§200.318 through 200.326 thereof.
3.2 Procurement of Recovered Materials. If
Subrecipient is a State Agency or an agency of a
political subdivision of a state, its contractors
must comply with section 6002 of the Solid
Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring
only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40
CFR part 247 that contain the highest percentage
of recovered materials practicable, consistent
with maintaining a satisfactory level of
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competition, where the purchase price of the
item exceeds $10,000 or the value of the
quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste
management services in a manner that
maximizes energy and resource recovery; and
establishing an affirmative procurement
program for procurement of recovered materials
identified in the EPA guidelines.
4. Access to Records. Subrecipient shall permit
Recipient and auditors to have access to
Subrecipient's records and financial statements as
necessary for Recipient to meet the requirements of
§200.33 1 (Requirements for pass -through entities),
§§200.300 (Statutory and national policy
requirements) through 200.309 (Period of
performance), and Subpart F -Audit Requirements of
the Uniform Guidance. 2 CFR §200.331(a)(5).
5. Single Audit Requirements. If Subrecipient expends
$750,000 or more in Federal Awards during
Subrecipient's fiscal year, Subrecipient shall procure
or arrange for a single or program -specific audit
conducted for that year in accordance with the
provisions of Subpart F -Audit Requirements of the
Uniform Guidance, issued pursuant to the Single Audit
Act Amendments of 1996, (31 U.S.C. 7501- 7507). 2
CFR §200.501.
5.1 Election. Subrecipient shall have a single
audit conducted in accordance with Uniform
Guidance §200.514 (Scope of audit), except
when it elects to have a program -specific audit
conducted in accordance with §200.507
(Program -specific audits). Subrecipient may
elect to have a program -specific audit if
Subrecipient expends Federal Awards under
only one Federal program (excluding research
and development) and the Federal program's
statutes, regulations, or the terms and
conditions of the Federal award do not require
a financial statement audit of Recipient. A
program -specific audit may not be elected for
research and development unless all of the
Federal Awards expended were received from
Recipient and Recipient approves in advance a
program -specific audit.
5.2 Exemption. If Subrecipient expends less than
$750,000 in Federal Awards during its fiscal
year, Subrecipient shall be exempt from
Federal audit requirements for that year, except
as noted in 2 CFR §200.503 (Relation to other
audit requirements), but records shall be
available for review or audit by appropriate
officials of the Federal agency, the State, and
the Government Accountability Office.
5.3 Subrecipient Compliance Responsibility.
Subrecipient shall procure or otherwise arrange
for the audit required by Part F of the Uniform
Exhibit A
Guidance and ensure it is properly performed
and submitted when due in accordance with the
Uniform Guidance. Subrecipient shall prepare
appropriate financial statements, including the
schedule of expenditures of Federal awards in
accordance with Uniform Guidance §200.510
(Financial statements) and provide the
auditorwith access to personnel, accounts,
books, records, supporting documentation, and
other information as needed for the auditor to
perform the audit required by Uniform Guidance
Part F- Audit Requirements.
6. Contract Provisions for Subrecipient Contracts.
Subrecipient shall comply with and shall include all
of the following applicable provisions in all
subcontracts entered into by it pursuant to this Grant
Agreement.
6.1 Equal Employment Opportunity. Except
as otherwise provided under 41 CFR Part 60,
all contracts that meet the definition of
"federally assisted construction contract" in
41 CFR Part 60-1.3 shall include the equal
opportunity clause provided under 41 CFR
60-1.4(b), in accordance with Executive
Order 11246, "Equal Employment
Opportunity" (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended
by Executive Order 11375, "Amending
Executive Order 11246 Relating to Equal
Employment Opportunity," and
implementing regulations at 41 CFR part 60, "Office of
Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
"During the performance of this contract, the contractor agrees
as follows:
(1) The contractor will not discriminate
against any employee or applicant for
employment because of race, color, religion,
sex, or national origin. The contractor will take
affirmative action to ensure that applicants are
employed, and that employees are treated
during employment, without regard to their
race, color, religion, sex, or national origin.
Such action shall include, but not be limited to
the following: Employment, upgrading,
demotion, or transfer, recruitment or
recruitment advertising; layoff or termination;
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
the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations
or advertisements for employees placed by or
on behalf of the contractor, state that all
5 of 7
qualified applicants will receive consideration
for employment without regard to race, color,
religion, sex, or national origin.
(3) 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, a notice to be
provided by the agency contracting officer,
advising the labor union or workers'
representative of the contractor's commitments
under section 202 of Executive Order 11246 of
September 24, 1965, and shall post copies of
the notice in conspicuous places available to
employees and applicants for employment.
(4) The contractor will comply with all
provisions of Executive Order 11246 of
September 24, 1965, and of the rules,
regulations, and relevant orders of the
Secretary of Labor.
(5) The contractor will furnish all
information and reports required by
Executive Order 11246 of September 24,
1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books,
records, and accounts by the contracting
agency and the Secretary of Labor for
purposes of investigation to ascertain
compliance with such rules, regulations, and
orders.
(6) In the event of the contractor's non-
compliance with the nondiscrimination 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 Government contracts in
accordance with procedures authorized in
Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and
remedies invoked as provided in Executive
Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor,
or as otherwise provided by law.
(7) The contractor will include the
provisions of paragraphs (1) through (7) in every
subcontract or purchase order unless exempted
by rules, regulations, or orders of the Secretary
of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965,
so that such provisions will be binding upon
each subcontractor or vendor. The contractor
will
take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of
Labor as a means of enforcing such provisions including
sanctions for noncompliance: Provided, however, that in
Exhibit A
the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor
as a result of such direction, the contractor may request the
United States to enter into such litigation to protect the
interests of the United States."
4.2 Davis -Bacon Act. Davis -Bacon Act, as amended
(40 U.S.C. 3141-3148). When required by
Federal program legislation, all prime construction
contracts in excess of $2,000 awarded by non -
Federal entities must include a provision for
compliance with the Davis -Bacon Act (40
U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to
pay wages to laborers and mechanics at a rate not less than
the prevailing wages specified in a wage determination
made by the Secretary of Labor. In addition, contractors
must be required to pay wages not less than once a week.
The non -Federal entity must place a copy of the current
prevailing wage determination issued by the Department of
Labor in each solicitation. The decision to award a contract
or subcontract must be conditioned upon the acceptance of
the wage determination. The non -Federal entity must report
all suspected or reported violations to the Federal awarding
agency. The contracts must also include a provision for
compliance with the Copeland "Anti -Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors
on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States"). The Act
provides that each contractor or Subrecipient must be
prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of
public work, to give up any part of the compensation to
which he or she is otherwise entitled. The non -Federal
entity must report all suspected or reported violations to the
Federal awarding agency.
4.3 Rights to Inventions Made Under a Contract or
Agreement. If the Federal Award meets the
definition of "funding agreement" under 37 CFR
§401.2 (a) and Subrecipient wishes to enter into a
contract with a small business firm or nonprofit
organization regarding the substitution of parties,
assignment or performance of experimental,
developmental, or research work under that
"funding agreement," Subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding
agency.
4.4 Clean Air Act (42 U.S.C. 7401-7671q.) and the
Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended. Contracts and subgrants
of amounts in excess of $150,000 must contain a provision
6 of 7
Exhibit A
that requires the non -Federal award to agree to comply with
all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and
the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387). Violations must be reported to the
Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
4.5 Debarment and Suspension (Executive Orders
12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the
government wide exclusions in the System for
Award Management (SAM), in accordance with the
OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p.
189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions
contains the names of parties debarred, suspended,
or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
4.6 Byrd Anti -Lobbying Amendment (31 U.S.C.
1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that
it will not and has not used Federal appropriated
funds to pay any person or organization for
influencing or attempting to influence an officer or
employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining
any Federal contract, grant or any other award
covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -
Federal funds that takes place in connection with obtaining
any Federal award. Such disclosures are forwarded from
tier to tier up to the non -Federal award.
7. Certifications. Unless prohibited by Federal statutes
or regulations, Recipient may require Subrecipient to
submit certifications and representations required by
Federal statutes or regulations on an annual basis. 2
CFR §200.208. Submission may be required more
frequently if Subrecipient fails to meet a requirement
of the Federal award. Subrecipient shall certify in
writing to the State at the end of the Award that the
project or activity was completed or the level of effort
was expended. 2 CFR §200.201(3). If the required
level of activity or effort was not carried out, the
amount of the Award must be adjusted.
8. Event of Default. Failure to comply with these
Uniform Guidance Supplemental Provisions shall
constitute an event of default under the Grant
Agreement (2 CFR §200.339) and the State may
terminate the Grant upon 30 days prior written
notice if the default remains uncured five calendar
days following the termination of the 30 day
notice period. This remedy will be in addition to
any other remedy available to the State of
Colorado under the Grant, at law or in equity.
9. Effective Date. The effective date of the Uniform
Guidance is December 26, 2013. 2 CFR
§200.110. The procurement standards set forth in Uniform
Guidance §§200.317-200.326 are applicable to new Awards
made by Recipient as of December 26, 2015. The standards
set forth in Uniform Guidance Subpart F -Audit
Requirements are applicable to audits of fiscal years
beginning on or after December 26, 2014.
10. Performance Measurement
The Uniform Guidance requires completion of OMB -
approved standard information collection forms (the PPR).
The form focuses on outcomes, as related to the Federal
Award Performance Goals that awarding Federal agencies
are required to detail in the Awards.
Section 200.301 provides guidance to Federal agencies to
measure performance in a way that will help the Federal
awarding agency and other non -Federal entities to
improve program outcomes.
The Federal awarding agency is required to provide
recipients with clear performance goals, indicators, and
milestones (200.210). Also, must require the recipient to
relate financial data to performance accomplishments of
the Federal award.
7 of 7
Exhibit B
Local Plan Signature Page
Local Area:
CMS #
Address:
City/State/Zip
This Exhibit B provides the Four Year Local Plan required under the Workforce Innovation
And Opportunity Act of 2014 (WIOA) for implementation starting in Program Year 2016
(PY16).
We certify that all planned activities under the PY16 Local Plan are presented here for
implementation beginning July 1, 2016 for Program Year 2016.
By:
Local Elected Official Date
Chair, Board of County Commissioners
By:
Local Workforce Development Board, Date
Chair
By:
Local Area Director Date
ADDITIONAL APPROVALS:
By:
Local Elected Official Date
Chair, Board of County Commissioners
By:
[Name, Title] Date
NFA# 16-01
Local Area:
WDP Agreement #
SAMPLE EXPENDITURE AUTHORIZATION (EA)
This Expenditure Authorization (EA) covers the following Funding Streams:
Exhibit C, Part 1
Local Area: NAME
Funding Year starting 7/1/16
Entity
#5210
Funding Source
Period of
Performance
Program
Code
$ Amount
Formula
Yes
PY l6 Adult
7/1/16 to 6/30/18
4A66/4A86
X
Py 16 Youth
7!1/16 to 6/30/18
4Y66/4Y76/
4Y86
X
PYI6 Dislocated Worker
7/1/16 to 6/30/18
4D66/4D86
X
PYI6 Wagner Peyser
7/1/16 to 6/30/18
2056
X
PY l6 Employment Support Fund
7/1/16 to 6/30/17
2W27
X
TOTAL
Ellis Expenditure Authorization has been reviewed and approved by the following parties and will be
incorporated into the Workforce Development Programs (WDP) Agreement as a sequentially numbered
attachment and is subject to the provisions of the executed WDP Agreement referenced above. This Expenditure
Authorization is not valid until it has been approved by the State Controller or designee.
By:
By:
Local Elected Official. Date
Chair, Board of County Commissioners
Local Board, Chair Date
By:
William B. Dowling, Director Date
Division of Employment and Training
Colorado Dept. of Labor and Employment
By:_
Date
Title:
By: By:
Local Area, Director Date Date
Title:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller. or such assistant as he may delegate, has signed it. Subject to the provisions of the executed WDP Agreement,
the contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins
prior to the date below_ the State of Colorado may not be obligated to pay for the goods and/or services provided.
S" FA FE CONTROLLER:
ROBERT JAROS. CPA. MBA. JD
Date
Page 1 of 5
Comment [CLZ]: Copy the table 1
from the NFA here; or just the lines
showing the funding sources that this
EA covers.
Comment [CL2]: Add the signatory
name
` Comment [CL3]: Add the signatory
Iname
Comment [CL4]: Add the signatory-
i name
NFA# 16-01
Local Area:
Exhibit C,Part I
WDP Agreement tt+
The services provided and work performed as described in this EA document shall be completed pursuant
to the terms and conditions of the WDP Agreement and any Federal and State laws, regulations, policies
and other requirements. including, but not limited to, Federal guidance documents, relevant State -issued
Policy Guidance Letters. Program Information and Operations Manuals, and/or specifications identified
in the Notice of Fund Availability (NFA) or in the funding provisions in Section IV below.
I. STATEMENT OF WORK:
A. Project Contact Information:
Program #1
NAME:
Region Project Coordinator
Name:
Phone:
CDLE Project Coordinator
Name:
Phone:
Program #2
NAME:
Region Project Coordinator
Name:
Phone:
CDLE Project Coordinator
Name:
Phone:
Program #3
NAME:
Region Project Coordinator
Name:
Phone:
CDLE Project Coordinator
Name:
Phone:
B. The Statement of Work for this EA is as follows:
Unless otherwise noted. Budget Information and Program Outcomes for this EA are identified in
the Budget and Program Outcomes Charts in Section V. of this EA.
L Services. Select and describe the services/costs applicable to this EA:
Category
Services/Costs
Participant services
Training
Work Experiences/Internships
Costs not related to Participant
Services
Supplemental Program Activities
2. Budget Transfer. If this EA includes a transfer of funds between the Adult and
Dislocated Worker programs. describe the impact on:
Program activities
Program Outcomes
Program versus Administration
budgets
Projected Quarterly Expenditures
3. Partnerships. Describe the strategies for coordination of services with Vocational
Rehabilitation, Adult Education, and other required partners to deliver services identified in B. I
above.
Page 2 of 5
Comment [CC5]: TIP, Fut each
funding stream listed on this EA.
complete the chart below. You can
combine the Adult, Youth, OW and
WP/ESF funding streams in one line
with your Liaison as the Project
Coordinator
Comment [CL6]: This section must
state: WHAT WILL YOU DO WITH
THE FUNDS? YES YOU MUST
COMPLETE Items 2 through 6!!
Comment [CC7]: TIP: For grant
funds without participant services,
some of the items in B.2 through B_6
may not apply.
Comment [CL8]: TIP: Career
services, support services. other
services in support of participant
outcomes
Comment [CL9]: TIP: i.e. includes.
apprenticeships. On -the -Job Training.
as well as other Training services
Comment [CL10]: TIP: Operating
and overhead, personnel, travel.
outreach. capacity building. planning,
system improvements, etc.. such as for
LAIR and DVOP Operating funds
Comment [CL11]: TIP: e.g. Adult
Education/GED and ESL classes.
purchases of assistive technology,
vocational rehabilitation training
Comment [CC12]: TtP: Is there a
change in the services provided.
eligibility definitions. purpose of the
grant funds'
Comment [CL13]: TIP i.e. will the
participant numbers or carry in
numbers change: if so. how"
Comment [CC14]: Are you
modifying the 10% admin budget to a
lower amount? Please state that here.
Comment [CL15]: TIP: Identify
responsibilities for each partner and
how these services will be coordinated.
This section should he more detailed
for Special Initiative funds than for
.AD/DW Yth programs since much of
that has already been described in your
Local Plan. Special Initiative funds
I should also be used with partnerships
ut mind.
NFA# 16-01
Local Area:
Exhibit C, Part L
WDP Agreement #i
4. Businesses. As applicable to this Statement of Work, describe the strategies used:
a. to ensure businesses are engaged with work -based learning, career pathways, and Sector
partnerships; and
b. to provide the eleven (II) Core Services available to businesses and any other employer -
related services offered through the local area.
5. Targeted Populations. Describe the strategies used to overcome employment barriers of
targeted populations.
6. Program Integration. If this EA is for a Special Initiative, describe how services
provided are integrated with Adult, Youth. Dislocated Worker. and other partner programs, as
applicable.
7. Special Initiatives. If the Statement of Work. Budget information, and Program
Outcomes for this EA are included in the attached approved Grant Proposal or Project Plan,
provide the reference page numbers and paragraphs OR spreadsheet tabs and column here:
Statement of Work
Page number and Paragraph/Spreadsheet Tab -Column
Section 1. Services
Section 2. Budget Transfer
Section 3. Partnerships
Section 4. Businesses
Section 5. Targeted Populations
Section 6. Program Integration
Budget
Program Outcomes
If the Budget information and Program Outcomes are not identified in the attached approved
Grant Proposal or Project Plan, describe the Program Outcomes for this Special Initiative here
and complete the Line Item Budget and Special Initiative Program Outcomes charts in Section V.
II. BUDGET INFORMATION: See Budget and Projected Quarterly Expenditure Charts in
Section V.
III. EA MODIFICATION(S):
A. This EA Modifies the Statement of Work
1. The Purpose and Rationale for this modification is:
2. The Impact of this modification on the following services/costs is:
Category
Participant services
Train i
Work Experiences/Internships
Costs not related to Participant
Services/Costs
Page 3of5
Comment [CC16]: TIP
Individuals with barriers to
employment e.g. public assistance
recipients, low income and basic
skills deficient participants, long
term unemployed, veterans.
individuals with disabilities: foster
care youth, ex -offenders. individuals
needing language assistance, etc.
n
I Comment [CL17]: If you state in
Sections I.B. I-6 "see attached Project
Plan" then you must complete this table
to refer reviewers to the section that
i. meets the requirements of the EA
SOW.
(—Comment [CC18]: If the Program
Outcomes chart is small, it can be
pasted right in here instead of creating
it in Section 1.
Comment [CL19]: This is the
section to complete if this is for a
modification. AND if you are doing
both a new EA and a modification to a
different funding source. add the
modification information in this seciton
Comment [CL20]: Rationale shall
now include budget information as well
as program outcomes information.
Comment [CL21]: TIP Career
services, support services_ other
{ services in support of participate
outcomes
J
Comment [CL22]: lip i.e
includes. apprenticeships, On -the -Job
'Prattling. as well as other Training
`services
NFA# 16-01
Services
Exhibit C, Part I
Local:%rea:'
WDP Agreement /4!
Supplemental Program Activities
3. The impact of this modification on the following strategies is:
Category
Services/Costs
Partnerships.
Businesses
Targeted Populations
Program Integration
B. Budget Transfer. If this EA includes a transfer of funds between the Adult and Dislocated
Worker programs. describe the impact on:
Program activities
Program Outcomes
Program versus
Administration budgets
Projected Quarterly
Expenditures
C. Changes to the Budget and Program Outcomes. Unless otherwise noted, modifications to the
Budget and Program Outcomes are shown in the updated Budget and Program Outcomes Charts in
Section V. of this EA.
1. Special Initiatives. If modifications to the Statement of Work. Budget information. and Program
Outcomes are included in the attached modified Grant Proposal or Project Plan. provide the reference
page numbers here:
Statement of Work
Page number and Paragraph/Spreadsheet Tab -Column
Section I. Services
Section 2. Budget Transfer
Section 3. Partnerships
Section 4. Businesses
Section 5. Targeted Populations
Section 6. Program Integration
Budget
Program Outcomes
If modifications to the Statement of Work, Budget information, and Program Outcomes are not identified
in the attached approved Grant Proposal or Project Plan, describe the modifications for this Special
Initiative here and provide an updated line Item Budget and Program Outcomes charts in Section V.
IV. FUNDING PROVISIONS AND OTHER SERVICES OR RESOURCES
Page 4 of 5
C-
1 Comment [CL23]: TIP: Operating
and overhead, personnel. travel,
outreach, capacity building, planning
I system improvements, etc. such as for
the LVER or DVOP operating funds.
Comment [CL24]: TIP: e.g. Adult
EducationiGED and ESI, classes.
purchases of assistive technology.
I vocational rehabilitation training
'. Comment [CC25]: TIP. Is there a
change in the services provided,
eligibility detiitions, purpose of the
pant funds''
Comment [CL26]: TIP: i.e. will the
participant numbers or carry in
numbers change, if so, how'
Comment (CC271: Are you
changing the 10% adtnin budget? State
that here.
NFA# 16-01
A. Funding Provisions for this EA are as follows:
B. Additional Services to be provided include:
local Area:
Exhibit C, Part I
W DP Agreement Ni
Category
Incumbent Worker Training'
Transitional Services
Pay for Performance contracts
Services/Costs
C. Additional Resources or Other Program Information.
Service
Subcontracting arrangements for delivery of
services
Other Internal Financial Resources to support this
initiative
Other External Financial Resources to support the
initiative
Cost Sharing/Match Requirements
SEE SECTION V ATTACHMENT FOR ALL BUDGET AND PROGRAM OUTCOMES
CHARTS
Page 5 of 5
Comment [CC2S]: Add NFA
funding provisions here. If there are no
funding provisions in the NFA letter.
then do not add anything here
IComment [CC29]: If any of these
options apply to this EA, provide a
specific statement of work or
description of the services provided.
Comment [CC30]: up to 20% of
DW budget may be used for this
( Comment [CC31]: up to 10% of the
AD and DW budgets may be used for
these
?Comment [CC321: up to 10% of
AD, OW. and Yth budgets may be used
for these
'Comment [CC33]: TIP: To
complete this chart. refer to definitions
{ in the EA PGL, Attachment A
I Comment [CC34]: If there is
r Match, complete the Cost
j Sharing/Matching/Leverage Summary
Table in Section V
EXHIBIT D
CMS #17-899XX (PY16)
PY 16 ADMINSITRATIVE REQUIREMENTS, FUNDING PROVISIONS, AND PROGRAM REQUIREMENTS
TABLE OF CONTENTS
1. DEFINITIONS
4
2. ADMINISTRATIVE REQUIREMENTS 5
A. GENERAL ADMINISTRATIVE REQUIREMENTS 5
I. Duties and Obligations of the Local Area 5
II. Conflict of Interest 6
III. Funding 6
IV. Discretionary Funds 6
V. Supplemental Funding 7
VI. State Issued Notice of Fund Availability (NFA) 7
B. ADMINISTRATIVE PROCEDURES 8
I. Original Expenditure Authorization (EA) 8
II. Incurring Costs , Commencement of Services, and/or Work to be Performed 8
III. Formal EA Modification 9
IV. Informal EA Modification 9
V. Maintenance of Integrity in the Expenditure of Public Funds 9
VI. Fund Expenditure 9
VII. Performance Outcomes Measures 9
VIII. Subcontracting 10
IX. Financial Audits 10
X. Use of the State's Subledger Accounting System("CLEAR") 10
C. ADDITIONAL REPORTING PROCEDURES 10
I. Reporting 10
II. Method of Payment 11
III. Contract Close Out 11
D. DATA ACCESS AND SYSTEM CONNECTIVITY 11
I. Access and Computer System Connectivity 12
II. Security and Confidentiality 12
Ill. System support and Training 12
IV. One -Stop Automation System Contract 12
V. Date Exchange Contracts 12
E. PRODUCTS DEVELOPED IN WHOLE OR IN PART WITH WIOA AND/OR WP FUNDS 12
F. ROLES AND RESPONSIBILITIES OF THE STATE 12
G. JOBS FOR VETERANS STATE GRANT PROGRAM STAFF 13
I. Authority 13
II. Functional & Operational Supervision of State Employees 13
III. Position Classification 13
IV. Performance Evaluations 13
V. Grievance 13
VI. Corrective Actions 14
VII. Posted Notices 14
VIII. Cooperation 14
IX. Disciplinary Actions 14
X. Reduction in Numbers of State Employees 14
Xl. Collocation 14
XII. Data Access and Computer System Connectivity 14
FINAL
1 of 30
EXHIBIT D
CMS #17-899XX (PY16)
3. FUNDING PROVISIONS 15
I. General Requirements 15
II. Performance Outcomes Measures: 15
Ill. Prohibited Activities and Prohibited Uses of Funding 15
IV. Grievance Procedures 15
V. Veterans Priority Provisions -"lobs for Veterans Act" (Public Law#107-288) 15
VI. e -Colorado 15
VII. Federal Training and Employment Guidance Letters (TEGLs) 15
VIII. Evaluation 15
4. PROGRAM REQUIREMENTS 16
A. WAGNER-PEYSER ACT 16
I. PURPOSE OF FUNDING 16
II. REQUIRED PROGRAM ELEMENTS 16
Ill. ALLOWABLE COSTS 17
IV. RESTRICTIONS ON FUNDING 18
B. WAGNER-PEYSER DISCRETIONARY FUNDS 18
I. PURPOSE OF FUNDING 18
II. REQUIRED PROGRAM ELEMENTS 18
C. WIOA TITLE I ADULT AND DISLOCATED WORKER 19
I. Purpose of Funding 19
II. Required Program Elements 19
D. WIOA TITLE I YOUTH 19
I. Purpose of Funding 20
II. Required Program Elements 20
Ill. Restrictions on Funding 20
E. WIOA TITLEI(25%) (25%) ENHANCED DISLOCATED WORKER/RAPID RESPONSE 21
I. Purpose of Funding 21
II. Required Program Elements 21
F. WIOA TITLE I (25%) DISCRETIONARY GRANTS SPECIAL INITIATIVES 21
I. Purpose of Funding 21
II. Required Program Elements 21
Ill. Restrictions on Funding 22
G. VETERANS EMPLOYMENT REPRESENTATIVES 22
I. Purpose of Funding 22
H. GOVERNOR'S SUMMER JOB HUNT (GSJH) 22
I. Purpose of Funding 22
II. Required Program Elements 22
Ill. Allowable Costs 23
IV. Restrictions on Funding 23
I. MIGRANT SEASONAL FARM WORKER PROGRAM 23
I. Purpose of Funding 23
II. Required Program Elements 23
III. Performance Measures and Program Outcomes 23
J. TRADE ADJUSTMENT ASSISTANCE REAUTHORIZATION ACT OF 2015 24
I. Purpose of Funding 24
II. Required Program Elements 24
Ill. Allowable Costs 24
IV. Restrictions on Funding 25
V. Confidentiality 25
FINAL
2 of 30
EXHIBIT D
CMS if17-899XX (PY16)
K. FY15 SECTOR PARTNERSHIP NATIONAL EMERGENCY GRANT (SP NEG) 25
I. Purpose of Funding 25
II. Eligibility and Targeted Populations 25
Ill. Targeted Industries 26
IV. Required Program Elements 26
V. Allowable Costs 26
VI. Required Partners and Coordinations 26
VII. Local Planning Activities 27
VIII. Performance Outcomes 28
IX. Data tracking 28
X. Reporting Requirements 28
Xl. Evaluation 28
XII. Restrictions on Funding 28
L. HOUSING INSPECTION FUNDS 28
I. PURPOSE OF FUNDING 28
II. Required Program Elements 28
III. Allowable Costs 29
M. EMPLOYMENT SUPPORT FUND (ESF) 29
I. Purpose of Funding 29
II. Allowable Costs 29
Ill. Restrictions on Funding 30
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1. DEFINITIONS
The following terms are used throughout this ExhibitD and shall have the meanings set forth
below:
a) Connecting Colorado — The State's one stop automation system used for tracking and reporting
statewide data, participant and employer data, performance measures and outcomes, case
management services, and other program realated data used to comply with Federal reporting
requirements of programs funded under this Agreement. Local Areas use Connecting Colorado to
track data for their One Stop Partners.
b) e-COLORADO.ORG - Colorado's internet-based resource center that provides information on
workforce development programs and policies; employment and training resources and services for
One -Stop Center customers; and other resources, such as a multi -media, digital resource center,
training for the professional workforce development community, team rooms supporting
collaboration among Colorado's workforce development professionals and partners statewide, and
other supporting functions promoting the exchange of ideas and information related to workforce
development issues (e.g. career pathways, sector strategies, language assistance, etc.)
c) LOCAL PLAN — The Local Plan provides a description of how the Local Area will achieve the
purposes of the WIOA. The Local Plan outlines the Local Area's vision for aligning and integrating
local service delivery across Federal programs to foster alignment of education and job training
with employer needs, integrate service delivery across programs, and ensure that the workforce
system is job -driven matching employers with skilled individuals.
d) LOCAL WORKFORCE DEVELOPMENT BOARD ("LWDB" or "Local Board")) — A policy -making group,
established under Title I, Chapter 2, Section 107 of WIOA, responsible for oversight of the Local
Area's workforce development programs, the members of which are appointed by the chief elected
official of a Local Area. Local Boards may establish additional roles of the One -Stop Operator,
including coordinating service providers within the One -Stop Center and across the system„
providing some or all of the services within the One -Stop Center, or coordinating service delivery in a
multi -center area.
e) ONE STOP CENTER— A One -Stop Center (formerly known as a workforce center, now also known as
an American Job Center) that provides integrated workforce development services in a One -Stop
delivery system environment of a Local Area.
f) ONE -STOP DELIVERY SYSTEM - A seamless system of service delivery provided through the Local
Area One -Stop Centers that is created through the collaboration of entities responsible for
operating WIOA and other programs funded under this Agreement (also known as the American
Job Center network made up of American job centers)
g) ONE- STOP OPERATOR- One or more entities designated or certified under WIOA sec. 121(d) to run
a Local Area's One Stop Centers. At a minimum, the One -Stop Operator must coordinate the service
delivery of required One -Stop Partners and service providers.
h) ONE -STOP PARTNER — An entity that carries out workforce development programs and that is
required to participate in the One -Stop delivery system pursuant to WIOA.
i) PERFORMANCE OUTCOMES MEASURES - Performance Outcomes are measurement indicators
used to evaluate the performance of the Local Area's workforce development programs funded
under this Agreement. Performance outcomes measures include those measurement indicators
identified in the WIOA or in other Federal laws and regulations and those program -specific
indicators negotiated at the State and Local levels.
j) PROGRAM YEAR - The term used to identify the one-year period from July 1 through June 30. For
example, Program Year 2016 (PY16) is the time period of July 1, 2016 through June 30, 2017. The
Program Year is overlapped by the next Federal Fiscal Year that extends from October 1 to
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September 30. For example, Program Year 2016 (PY16) is overlapped by the Federal Fiscal year
2017 (FY17).
k) REQUIRED PROGRAM ELEMENTS - Services, program components, and resources, which must be
made available by the the Local Area pursuant to the applicable laws and regulations for each
funding source. The required program elements for each funding source are identified in Exhibit D,
Administrative Requirements and Funding Provisions; in funding provisions included in State -issued
NFA letters; and/or in the statement of work in an executed EA.
2. ADMINISTRATIVE REQUIREMENTS
1. In accordance with the Workforce Innovation and Opportunity Act of 2014 (WIOA) (Public Law #113-
128 enacted 7/22/14) effective July 1, 2015 any funds appropriated under Title I Workforce Investment
Systems and Title III Workforce Investment -Related Activities, which includes the Wagner-Peyser (WP)
Act of the WIOA, funds are provided to the Local Area pursuant to a State -approved Local Plan in
conjunction with the WIOA required Regional Plan, with services provided as part of a One -Stop
delivery system established by the State. For other Federal, State, and miscellaneous funding issued by
the State to the Local Area, the Local Area will integrate and coordinate those services into the services
provided through the Local Area One -Stop Centers.
2. The Local Area is authorized by the State to provide workforce development programs for the Adult,
Youth, Dislocated Worker, and Wagner Peyser Employment Service programs pursuant to the State
approved Local Plan, Exhibit B to this Agreement. The Local Area shall provide services and implement
initiatives using WIOA and/or Wagner Peyser Employment Service discretionary funds, and/or other
State or Federal discretionary funds pursuant to an NFA and an approved original EA.
3. Funds provided under this Agreement shall be used only for the stated purpose identified in an
approved Project Plan, executed (EA), funding provisions in a State -issued NFA, and/or as identified in
the provisions of this Exhibit D.
I. DUTIES AND OBLIGATIONS OF THE LOCAL AREA
a) The Local Area's performance of its duties and obligations under this Agreement shall comply in all
manner and at all times with the terms and conditions of this Agreement, the applicable
provisions of the WIOA, and other Federal and State laws, rules, regulations, and policies set forth
in this Agreement or otherwise applicable.
b) The Local Area shall be responsible for the implementation and operation of the WIOA and other
Federal and State workforce development programs funded under this Agreement, and for the
establishment and oversight of the Local Workforce Development Board (LWDB) and its activities.
c) The Local Area shall serve as Administrator for the Local Area's One -Stop Center(s), and is fiscally
responsible for the expenditure and use of all funds disbursed under this Agreement. The Local
Area shall be liable for any prohibited activities under WIOA and other funding provided under this
Agreement.
d) The Local Area shall inform the LWDB of its functions and responsibilities under the WIOA Title 1,
Subtitles A and B, and under this Agreement.
e) The Local Area shall be responsible for the performance accountability of all workforce investment
activities and services provided through its One -Stop centers under WIOA Subtitle A, Chapter 4,
Performance Accountability.
f) The Local Area shall obtain all required reviews and approvals for the Local Plan prior to final
submission to the State.
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g) The Local Area shall ensure that services are available and accessible for individuals with significant
barriers to employment, such as, disadvantaged youth, migrant and seasonal farm workers,
veterans, persons with disabilities, older workers, ex -offenders, limited English proficient workers,
and minorities.
h) The Local Area shall ensure that its employees, contractors, subcontractors, agents, and designated
officers adhere to the provisions of Section 188 of the WIOA addressing non-discrimination and the
prohibition of discrimination in carrying out its duties and responsibilities of this Agreement.
i) The Local Area shall ensure that any personnel action taken for non -probationary county
employees funded in whole or part with Wagner-Peyser funds, including discipline or dismissal,
shall be based solely on performance or misconduct pursuant to the merit staffing requirements
outlined herein. All such employees shall be given a review process and an opportunity to be
heard before an appropriate county official, to contest the action and appeal an adverse decision.
I1. CONFLICT OF INTEREST
a) The Local Area shall comply with all conflict of interest provisions included in this Agreement,
under WIOA law and regulation, applicable State and Federal law, regulation, and policy, and shall
ensure that its employees, contractors, subcontractors, agents, and designated officers adhere to
these provisions throughout the term of this Agreement, and specifically:
• This Agreement §12, Conflict of Interest, which includes disclosure reporting requirements;
• This Agreement §22, Paragraph I, Employee Financial interest/Conflict of Interest;
• Exhibit J Assurances Paragraph 3;
• Exhibit D, §2, §§B.V. Maintenance and Integrity in the expenditure of public funds; and
• The Federal Uniform Guidance 2 CFR Parts 200 and 2900.
b) The Local Area shall inform, train, and provide oversight and guidance to all its employees,
contractors, subcontractors, agents, and designated officers on conflict of interest requirements
that are included in this Agreement, under WIOA law and regulation, and applicable State and
Federal law, regulation, and policy.
c) The Local Area shall ensure that the LWDB members are informed about and comply with the
conflict of interest provisions in WIOA Sections 107 and 121 , and as required by this Agreement,
under WIOA law and regulation, and applicable State and Federal law, regulation, and policy.
d) The Local Area shall work with the LWDB to establish and implement policies and procedures to
prevent conflict of interest or the appearance thereof, and to prevent any misuse of funds in all
activities required by this Agreement. The Local Area shall ensure that specific conflict of interest
policies and procedures have been developed and implemented prior to proceeding with the
procurement of a Local Area One -Stop Operator(s), and of other services required by WIOA.
III. FUNDING
In addition to the funds provided for programs and services identified in this Agreement, the State may
provide additional funds to the Local Area for the purposes of amendments and modifications of allocated
funds, performance incentives, services to individuals with significant barriers to employment, and other
applicable discretionary grant funded workforce development programs. Funds appropriated for WIOA
and/or Wagner Peyser Employment Service programs, and/or other State- or Federally -funded
discretionary grant funds shall be identified in a NFA letter as described in the Agreement and below, and
shall be expended by the Local Area pursuant to an approved original EA or EA Modification.
IV. DISCRETIONARY FUNDS
Discretionary funds are provided for workforce development programs and activities, such as performance
incentives, capacity building, technical assistance, program evaluations, and the development and
implementation of special initiatives, special projects, and to supplement the Local Area's Adult, Dislocated
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Worker, Youth and Employment Service Programs. Discretionary funds include funds reserved by the
Governor pursuant to the WIOA and WP Acts, as well as by State funds such as, Employment Support
Funds, Displaced Homemaker, and other funds, appropriated by the State legislature. Discretionary funds
also include awards to the Local Area from stand-alone federal discretionary grants that have been
awarded to the State.
For discretionary funds awarded under a Project Plan, or other grant award process, the Local Area agrees
to deliver services pursuant to the Statement of Work, performance measures, and program budget,
outlined in the approved Project Plan. The Local Area shall adhere to any other specific requirements for
the use of discretionary funds as identified in the grant application announcement, the NFA, an executed
original EA, an EA modification, and/or any applicable PGLs.
V. SUPPLEMENTAL FUNDING
If the State receives supplemental federal and/or state funding, gifts, grants, donations, and other
receivable funding (Supplemental Funding for implementing additional workforce development programs
and/or workforce development -related projects, or in support of similar activities, and the Local Area
agrees to deliver services or perform work related to such programs, projects and/or activities, the State
may make those funds available under this Agreement.
a) The State shall issue an NFA, which shall include specific funding provisions for the specified funds.
The Local Area shall submit an original EA that includes a detailed Statement of Work and/or Project
Plan, identified performance outcomes, and a financial budget for those funds.
b) Performance outcomes and program reporting related to such funding shall comply with the
provisions of this Agreement and other discretionary funding terms and conditions. The Local Area
shall be responsible for maintaining compliance with any applicable federal and state laws, rules,
regulations, and policies for each supplemental funding source provided under this Agreement,
including requirements specified by grantors of gifts, grants, donations and other receivable funds.
VI. STATE ISSUED NOTICE OF FUND AVAILABILITY (NFA)
Prior to the disbursement of any funds, the State shall issue an NFA (Exhibit E) to the Local Area.
a) A NFA for formula allocated funding means a unilateral commitment document, substantially similar
to that attached hereto as Exhibit E, issued from the State to the Local Area to provide original
allocations of funds, any increases or decreases in funding up to Two Hundred Fifty Thousand Dollars
($250,000.00), and/or extensions of grant periods of performance, and to authorize the Local Area to
expend funds and perform Work pursuant to this Agreement. In the case where funding exceeds an
increase or decrease over Two Hundred Fifty Thousand Dollars ($250,000.00), the NFA serves as a
notice of funding that requires the execution of an original EA or formal EA modification (i.e. bilateral
commitment document) to authorize the Local Area to expend funds and perform Work pursuant to
this Agreement). The NFA summarizes the State's total obligation to the Local Area of funds by
funding source and provides spending authority to the Local Area subject to the provisions of this
Agreement.
b) A NFA for non -formula allocated funding means a notice of funding, substantially similar to Exhibit E,
attached hereto and incorporated herein by reference issued from the State to the Local Area to
provide original allocations of funds, any increases or decreases in funding, and/or extensions of
grant periods of performance, and which requires the execution of an original EA or formal EA
modification (i.e. bilateral commitment document) to authorize the Local Area to expend funds and
perform Work pursuant to this Agreement. The NFA summarizes the State's total obligation of
funding by funding source to the Local Area subject to the provisions of this Agreement. An original
bilateral EA must be executed in response to an NFA prior to incurring costs or performing work.
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c) Each NFA is established in a numbering series related to this Agreement and may be issued for a
period of performance that extends beyond the current Program Year, however, the NFA may not
extend beyond the term of this Agreement.
d) The NFA provides specific or additional funding provisions based on federal or State laws, and/or
program requirements covering the specific funding source or discretionary grant, if such funding
provisions are not otherwise stated in this Exhibit D.
B.
TIME P
To ensure accurate financial tracking, reporting, monitoring and oversight of funds, the Local Area shall
follow these Administrative Procedures set forth below and as may be outlined in a State issued PGLs.
I. ORIGINAL EXPENDITURE AUTHORIZATION (EA)
a) An original EA includes the Statement of Work with performance measures for each funding source
allocated to the Local Area through an NFA. The EA shall be executed prior to disbursement of
funds.
b) Following receipt of an NFA, the Local Area shall submit electronically an original EA to the State for
review and approval by the State prior to submitting the signed EA.
c) The Local Area shall secure appropriate signatures on the original EA. Original EAs require the
signature of the Chair of the Board of County Commissioners, the Chief Elected Official (CEO), the
Mayor, or their designee; the Chair of the LWDB; the Local Area Director; the State's Executive
Director or designee; and the State Controller or designee. For EA's of less than Two Hundred Fifty
Thousand Dollars( $250,000.00), only the Local Area Director or a designated County official, and
the Chair of the LWDB are required to sign the EA , subject to the designated County official's or
Local Area Director's legal signature authority to bind the Local Area in contracts and or purchases.
d) The Local Area shall comply with its own internal signature process. Should the Local Area's
internal signature process be more restrictive than this provision, the Local Area's internal
signature process shall prevail.
e) Each EA is expressly made subject to approval by the State and the State Controller or designee,
and once approved, becomes an amendment to this Agreement. The EA is not valid until it has
been approved by the State Controller or designee. In no way shall the period of performance
under an EA exceed the end date of this Agreement.
f) The Local Area may receive reimbursements for expenditures pursuant to State laws, regulations,
and PGLs covering funds issued via NFAs, and pursuant to executed EAs. Once the EA has been fully
executed, the Local Area may report expenditures and request reimbursement pursuant to the
procedures outlined in the EA PGL and the Subrecipient Financial Procedures PGL.
II. INCURRING COSTS, COMMENCEMENT OF SERVICES, AND/OR WORK TO BE PERFORMED
i. FORMULA -ALLOCATED FUNDS
Upon receipt of the NFA, or for EA budget modifications that change the total dollars by Two Hundred Fifty
Thousand Dollars( $250,000.00) or less, the Local Area may begin Work as required by the funding
provisions on the start date of the period of performance identified on the NFA, or on the date the State
approves the EA modification. Formula allocated funding that is effective prior to the date of the NFA shall
be considered retroactive funding and payments may be made in accordance with the funding provisions
of Exhibit D.
II. NON -FORMULA ALLOCATED FUNDS (DISCRETIONARY FUNDS)
For NFAs covering non -formula allocated funds or budget modifications that change the total dollars by
more than Two Hundred Fifty Thousand Dollars( $250,000.00), the Local Area may not begin Work nor
incur costs until the Original EA for these funds has been fully executed by the Parties.
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III. FORMAL EA MODIFICATION
An original EA may be modified to increase or decrease funds, extend the period of performance and make
changes to the Statement of Work.
a) A formal EA modification is required when the total amount of funding added or reduced to the
EA is greater than Two Hundred Fifty Thousand Dollars( $250,000.00), and/or there is a reduction
greater than fifteen per cent (15%) in the planned participant numbers
b) Any formal EA modification is expressly made subject to signature by the Parties and approval by
the CDLE Controller or designee, and once executed, becomes an amendment to this Agreement.
Upon proper execution and approval of the formal EA modification, the Local Area may begin Work
according to the modified EA.
c) If changes in labor market conditions, funding, or other factors require substantial deviation from
the approved Local Plan, then the LWDB and legal authorized signatory shall submit an EA modifica-
tion of the Local Plan which shall be subject to review in accordance the WIOA, and with State laws,
policies, and procedures.
IV. INFORMAL EA MODIFICATION
The Local Area may use an informal EA Modification process to execute changes to an original or previously
modified EA for changes of Two Hundred Fifty Thousand Dollars ($250,000.00) or less. The Local Area shall
submit IEAMF (Exhibit K), signed by the Director or County official of the Local Area and approved by the
State.
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a) The Informal EA Modification shall include, at minimum, an explanation of all changes; a
justification for those changes; reference to the funding source Program Code; budget
information showing changes; an explanation of the impact of the change(s) on the Statement of
Work, including expenditures, service delivery outcomes, and/or performance measures or
project outcomes, and revised Projected Quarterly Expenditures and Performance Outcomes
charts.
b) The informal EA Modification may be used when and for:
• A NFA initiates the need for an Informal EA modification
• The Local Area requests an Informal EA modification;
• Transfers between administrative and program cost categories; transfers between the Adult
and Dislocated Worker program, changes in the line item budget for discretionary grants; and
changes between the In -School and Out -of -School budgeted amounts; etc.; or
• Other circumstances that may be allowed under the current State issued PGL.
V. MAINTENANCE OF INTEGRITY IN THE EXPENDITURE OF PUBLIC FUNDS
The Local Area shall make every effort to maintain the integrity of the expenditure of public funds and to
avoid any favoritism, conflict of interest, or other questionable or improper conduct. The Local Area shall
administer this Agreement in an impartial manner, free from personal, financial, political, or other
questionable or improper gain or motive. In administering this Agreement, the Local Area and its executive
staff, and employees shall avoid situations which give rise to a suggestion or perception that any decision
made by the Local Area was influenced by prejudice, bias, special interest, or personal gain.
VI. FUND EXPENDITURE
The Local Area is only required to expend funds under this Agreement to the extent that federal and state
funds are provided to the Local Area by the State.
VII. PERFORMANCE OUTCOMES MEASURES
The Local Area shall comply with all minimum performance criteria negotiated with the State. Upon request
by the State, the Local Area shall provide such data as the State may request for purposes of evaluating the
Local Area's compliance with those minimum performance requirements. Each LWDB has the discretion to
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add additional local standards to the State's minimum performance standards as long as those local
standards are not inconsistent with federal or state law, this Agreement, or written policies established by
the State. The Local Area shall perform any necessary data collection and evaluation for such additional
local standards.
VIII. SUBCONTRACTING
The Local Area shall not subcontract the performance of any part of its duties, which relate to the
administration of funds under this Agreement except in accordance with the terms of this Agreement or
with the prior written consent of the State. For any subcontracts entered into by the Local Area for
procured services and/or special purchases in support of the goals and outcomes of formula allocated and
non -formula allocated funds, an EA or EA modification shall be executed in accordance with this
Agreement, prior to any subcontractor beginning work and/or incurring costs. Subcontracts shall be fully
executed prior to the subcontractor beginning work.
IX. FINANCIAL AUDITS
If the State determines that the record keeping system of the Local Area does not comply with federal
and/or State guidelines, then the State may conduct an audit on the Local Area's records by State staff, an
accounting firm, or a bank approved by the State. All costs incurred by the State in conducting an audit of
the Local Area's records shall be deducted on a monthly basis from other administrative funds allocated to
the Local Area.
X. USE OF THE STATE'S SUBLEDGER ACCOUNTING SYSTEM("CLEAR")
The Local Area shall use CLEAR for tracking, reporting, and requesting payments for all funding sources
provided under this Agreement unless directed otherwise by the State. The Local Area shall be responsible
for obtaining access to CLEAR for its fiscal agent responsible for the administration of funds provided under
this Agreement. In the event that the Local Area or its fiscal agent requires technical assistance for use of
CLEAR or for connectivity issues, the Local Area shall contact CDLE's Finance Office to determine a solution
and reestablish connectivity and functionality.The State retains the right to charge a fee to access and use
CLEAR , or require the Local Area to obtain a license from the system provider.
C.
Reports and analysis required under this section shall be in accordance with the procedures and report
formats prescribed by the State.
I. REPORTING
The Local Area shall meet all applicable federal and state reporting requirements for each funding source
provided under this Agreement. The Local Area shall refer to applicable PGLs for specific financial
procedures and instructions.
a) Expenditure Reports
On a monthly basis, the Local Area shall report expenditures to the State. Each month's reports are due to
the State no later than the 14th calendar day of following month. The State reserves the right to change the
due date of this report to meet its State and/or federal reporting requirements.
b) Obligation Reports
On a monthly basis, the Local Area shall report obligations to the State. Each month's reports are due to the
State no later than the 14th calendar day of following month. The Local Area shall report obligations to the
State, for each of the funds provided under this Agreement.
c) Stand -In Costs/ Leveraged Resources Reports
The Local Area may be required to report, on a quarterly basis, costs of leveraged resources to the State. If
the State requires these reports quarterly, they shall be due no later than the 14th calendar day of the
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month following the end of each quarter. Leveraged Resources Reports are required for any Federal grant
funds received under this Agreement on an annual basis, no later than June 30`h
d) Quarterly Reporting of Special Initiative Projects
The Local Area shall provide to the State no later than the 25th calendar day of the month following the
end of each quarte,r a quarterly report summarizing the progress of any special initiative grant projects
currently in operation. At a minimum, the quarterly report shall include: 1) identified performance
measures data; 2) progress made relative to the original identified planned goals and services provided
specific to the Special Initiative; 3) current and projected quarterly financial expenditures; 4) challenges met
during the delivery of services as it relates to the scope of work; 5) highlights of "best practices" applied in
local workforce development activities; 6) notable accomplishments of the Special Initiative; and, 7)
additional information reasonably requested by the State. The Local Area shall also provide any
supplemental information as required by applicable PGLs.
e) Annual Report
No later than the 25th calendar day of the month following the end of each Program Year, or by a later
date as determined by federal reporting requirements or identified in applicable PGLs, the Local Area shall
provide to the State an Annual Report summarizing the progress of the Local Area in achieving its
performance measures and customer satisfaction goals.
At a minimuim, the Local Area shall provide in the Annual Report, a narrative that: 1) describes the number
of individuals served under each program, the services provided, and the challenges met in the successful
delivery of those services; 2) identifies notable accomplishments of local employment and training
programs; and 3) highlights "best practices" applied in local workforce development activities. The Local
Area shall also provide any supplemental information as required by applicable PGLs.
II. METHOD OF PAYMENT
In coordination with the monthly expenditure report, and subject to applicable PGLs, the Local Area may
request payments for expenditures incurred for the prior month. For each funding stream previously
approved for expenditure in an executed EA/EA modification, the Local Area shall receive payment for
incurred expenditures upon submittal of the expenditure report using the State's subledger accounting
system. Funds shall be deposited into the Local Area's account through an electronic fund transfer.
Ill. CONTRACT CLOSE OUT
The Local Area shall follow these Contract Close-out Procedures and any procedures identified in applicable
PGLs for each funding source provided under this Agreement. Contract Close Out for expiring EA's shall be
completed within sixty (60) days after the specific grant ending date identified in the executed original EA
or a subsequent EA modification. To complete Contract Close Out, the Local Area shall:
• Submit a final expenditure report via a JV upload to request a cash payment;
• Submit final reports and other documents required by these funding provisions and/or PGL's;
• Submit other documents required by a specific funding source or special initiative; and
• Complete any other tasks identified in applicable PGLs and in these funding provisions.
D. DATA ACCESS AND IIR! N
The Local Area, at its own expense, shall maintain computer equipment and system connectivity to access
Connecting Colorado and other Local Area databases and software systems used in the Local Area. Such
connectivity shall be maintained in all of the Local Area One -Stop centers for access by the Local Area,
State, One -Stop Partner staff and subcontractor's. The Local Area shall be responsible for oversight of such
systems pursuant to requirements of WIOA, provisions in this Agreement, andy any policies in PGL's issued
by the State. The Local Area shall, at minimum, comply with the following:
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I. ACCESS AND COMPUTER SYSTEM CONNECTIVITY
Continuity of connectivity to these information systems is essential for optimal operations of the One Stop
delivery system and for data tracking, reporting, the provision of resources to One -Stop center customers,
and other data supporting functions. The Local Area shall ensure system connectivity for all Local Area,
State, and One -Stop Partner staff (as needed), and subcontractor employees, within seventy-two (72) hours
of hire. The Local Area shall be responsible for maintaining connectivity, at minimum, to Connecting
Colorado, and other Local Area databases and software systems.
II. SECURITY AND CONFIDENTIALITY
In accordance with §11 of the Agreement, The Local Area shall implement procedures and policies for
maintaining confidentiality and security of State information stored in Connecting Colorado. The Local Area
shall be responsible for informing and training all Local Area, State, One -Stop Partner staff, and
subcontractors on these provisions ,and other laws, rules, or regulations that may be applicable. In
accordance with §11, Paragraph F of the Agreement. The Local Area shall notify the State of any breach in
confidentiality and security that may arise during performance under this Agreement. The Local Area shall
take the same level of care to protect security and confidentiality of information in the Local Area's
computer systems.
III. SYSTEM SUPPORT AND TRAINING
The Local Area shall provide training for all Local Area, State, and One -Stop Partner staff, and subcontractor
employees who are collocated in the Local Area One -Stop centers. The Local Area shall also be responsible
for providing system support to ensure ongoing connectivity and access needed for optimal operations.
IV. ONE -STOP AUTOMATION SYSTEM CONTRACT
The Local Area shall initiate and execute a contract directly with the State's One -Stop Automation System
(i.e. Connecting Colorado) contractor to ensure connectivity of Local Area One -Stop centers and the State's
One -Stop automation system.
V. DATE EXCHANGE CONTRACTS
The Local Area shall enter into data exchange contracts directly with other One Stop partners or partner
programs, as needed, maintaining industry standards for security and confidentiality of data.
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E.
OR
If applicable, the following statement shall be clearly identified on all products developed in whole or in
part with WIOA and/or WP funds:
"This workforce product was funded by a grant awarded by the United States Department of
Labor's Employment and Training Administration. The solution was created by the Local Area and
does not necessarily reflect the official position of the U.S. Department of Labor. The U.S.
Department of Labor makes no guarantees, warranties, or assurances of any kind, express or
implied, with respect to such information, including any information on linked sites and including,
but not limited to, accuracy of the information or its completeness, timeliness, usefulness,
adequacy, continued availability or ownership. This product is copyrighted by the institution that
created it. Internal use by an organization and/or personal use by an individual for non-
commercial purposes is permissible. All other uses require the prior authorization of the copyright
owner."
F. RWS ANOW AND
The State will:
a) Establish planning guidelines, funding provisions, statement of work requirements, and disseminate
these items to the Local Area along with budget allocations for the grant period;
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b) Review the Local Plan and provide recommendations for approval, conditional approval or
disapproval to the Colorado Workforce Development Council (CWDC)
c) Convey CWDC approval of the Local Plan to the Local Area.
d) Monitor Local Area activities on a quarterly basis for compliance with all applicable federal and
state requirements, and evaluate the Local Area's performance relative to the performance
measures identified in the Local Plan and/or any executed EAs.
e) Document quarterly expenditure rates and performance measures in a quarterly monitoring report
and submit the report to the Local Area. Additionally, the State shall complete a summative annual
compliance review and report at the end of each Program Year and submit the report to the Local
Area.
f) Work with the Local Area to adjust performance measures, as needed, based on any Federal or
State mandated legislative or policy changes that occur during the grant period, and the State shall
monitor and evaluate any such adjustments made.
Provide program guidance and technical assistance to the Local Area for all programs and projects
funded under this Agreement.
G. STATE 6 PI f MSTAFF
The Jobs for Veterans State Grant (JVSG) Program Staff are State staff collocated in the Local Area's One -
Stop centers and operating the JVSG Program through the One Stop delivery system. JVSG staff are also
known as Local Veterans' Employment Representatives (LVERs), Regional Veterans' Employment
Representatives (RVERs), and Disabled Veterans' Outreach Representatives (DVOP's). During the time that
JVSG Program Staff are collocated at the Local Area One -Stop Centers, the Local Area One -Stop Center
functional supervisors shall provide information and documentation, discuss day to day supervisory
activities and issues, and provide input to the State as needed to comply with this Section.
I. AUTHORITY
The State retains authority over all actions which may affect the current base pay, status, or tenure of
classified JVSG Program Staff. The State remains the final authority on placement of JVSG staff. Any
relocation, including moves within the local area must be approved by the State Regional Director and the
State JVSG Program Coordinator. The State has sole discretion to determine which State employees shall
occupy State positions throughout the State.
II. FUNCTIONAL & OPERATIONAL SUPERVISION OF STATE EMPLOYEES
Local Area staff shall provide day to day functional and operational supervision to State staff providing
services in the Local Area's One -Stop Centers. Day-to-day functional operational supervision may include
the setting of work hours and program responsibilities with the exception of the roles and responsibilities
of the JVSG Program staff which are set in federal policy.
III. POSITION CLASSIFICATION
Unless otherwise specified in writing by the State, State employee positions shall be treated as nonexempt
under the Fair Labor Standards Act (FLSA) with the exception that state employees serving in positions
entitled Regional Veterans' Employment Representative (RVER) or Local Veterans Employment
Representative (LVER) shall be considered exempt under the FLSA.
IV. PERFORMANCE EVALUATIONS
The State, with input from the Local Area ,shall complete performance evaluations of State employees
following the State's personnel laws and regulations.
V. GRIEVANCE
The State shall follow its standard State personnel grievance procedures using appropriate investigations to
address any grievances that arise. The State shall conduct the initial meeting, and furnish suitable
g)
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information to the Local Area supervisors and management. The State shall retain the responsibility for all
actions on grievances after the initial meeting.
VI. CORRECTIVE ACTIONS
The State, with input from the Local Area shall determine and implement any necessary corrective actions
in accordance with the procedures in the State classified personnel system ,provided that any grievances as
a result of corrective action follow the procedures in VI above. The Local Area shall cooperate and provide
information deemed necessary by the State in conjunction with implementing any necessary corrective
actions.
VII. POSTED NOTICES
The Local Area 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
VIII. COOPERATION
The Local Area 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.
IX. DISCIPLINARY ACTIONS
The State retains the sole right to terminate, demote, and suspend its employees for disciplinary reasons.
The Local Area shall cooperate and provide information deemed necessary by the State in conjunction with
proposed disciplinary actions.
X. REDUCTION IN NUMBERS OF STATE EMPLOYEES
In the event that JVSG Program staff vacancies occur in the Local Area, the State retains the right to transfer
State employees, voluntarily or administratively, to fill such vacancies. The selection of personnel to fill
such JVSG Program staff vacancies shall be at the sole discretion of the State.
XI. COLLOCATION
JVSG funded staff are mandatory partners within the Local Areas' One -Stop Centers as required by the
Workforce Innovation and Opportunity Act of 2014 (WIOA) (Public Law #113-128 enacted 7/22/14)
effective July 1, 2015). In the event that the Local Area has a subcontractual relationship with an outside
entity to operate a one -stop center through its own leased or owned building, the outside entity shall be
required to provide office space for JVSG funded staff, if the outside entity's location is determined
appropriate by the State for JVSG funded staff collocation. The State shall retain the right to determine
which one -stop centers in the Local Area will best serve JVSG customers.
XII. DATA ACCESS AND COMPUTER SYSTEM CONNECTIVITY
The Local Area shall ensure that JVSG funded staff are provided access to the Local Area's or local One Stop
Operator(s)' computer system to utilize Connecting Colorado and other Local Area databases and software
systems. Within seventy-two (72) hours of placement of new JVSG program staff in a Local Area One -Stop
center, the Local Area shall facilitate and provide computer system connectivity for JVSG program staff until
notified by the State that the state employee is no longer collocated in the specific one -stop center. The
Local Area shall notify the State of any breach in confidentiality or violation of network security that might
arise during the Local Area's day to day functional operational supervision of JVSG program staff. In
addition, the Local Area shall ensure system connectivity and access for JVSG program staff in any
contractor -owned or -leased building in which JVSG funded staff are collocated.
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3. FUNDING PROVISIONS
I. GENERAL REQUIREMENTS
The Local Area shall provide services pursuant to the terms and conditions of Agreement and any Federal
and State laws and requirements, including, but not limited to, Federal grant agreements, Federal guidance
documents, relevant State -issued PGLs, program information, and/or specifications identified in Exhibit D.
II. PERFORMANCE OUTCOMES MEASURES:
Pursuant to Subitle A, Chapter 4,§116 of the WIOA, the Local Area is accountable for the performance
outcomes identified in the approved Local Plan and/or executed EA's.
III. PROHIBITED ACTIVITIES AND PROHIBITED USES OF FUNDING
The Local Area shall comply with the provisions of the WIOA and other applicable federal and state
requirements addressing prohibited activities and prohibited uses of funds, and specifically:
• WIOA final regulations governing prohibited activities and prohibited use of funding,
• WIOA Title I, Subtitle A, Chapter 2, Section 107 governing the activities of LWDBs, and
• WIOA Title I, Subtitle E, Section 181 Requirements and Restrictions.
Upon issuance of final Federal regulations related to the Agreement, such regulations shall be incorporated
into the Agreement and the Local Area shall comply with those regulations.
IV. GRIEVANCE PROCEDURES
The Local Area shall establish and maintain a procedure for grievances and complaints from participants
and other interested parties affected by the local One -Stop delivery system in accordance with the
requirements of WIOA Title I, Subtitle E, Administration Section 181(c), Federal and State regulations, and
applicable PGLs concerning grievance procedures.
V. VETERANS PRIORITY PROVISIONS -"JOBS FOR VETERANS ACT" (PUBLIC LAW#107-288)
The Jobs for Veterans Act (§2(a) of the Act 38 United States Code 4215(a)), creates a priority of service
requirement for veterans (and eligible covered persons) who are eligible to receive services under
designated United States Department of Labor funded workforce development and training programs.
Therefore, for all designated workforce development programs funded under this Agreement with federal
funds, the Local Area shall adhere to federal and state laws and guidance related to veterans' priority of
service. At minimum, the Local Area agrees to abide by federal and state policy, incorporate those policies
into local policy, and develop service delivery strategies for providing priority of services for veterans (and
eligible covered persons).
VI. E -COLORADO
The Local Area shall make availableState provided e -Colorado marketing materials (e.g. brochures, flyers, e -
Colorado registration instructions, etc.) and encourage enrolled customers to register with e -Colorado to
expand their access to workforce development information, resources, and professional development
tools, such as tutoring services to enhance their learning process, self -evaluation tools, talent screening and
self -assessment tools. e -Colorado may be accessed at https://e-colorado.coworkforce.com
VII. FEDERAL TRAINING AND EMPLOYMENT GUIDANCE LETTERS (TEGLS)
The Local Area shall follow the provisions of federally issued TEGLs that outline specific provisions and
requirements for each Federal funding source and Workforce Development Programs under this
Agreement, and shall comply with Federal TEGLs, which provide guidance, direction, and program oversight
for the implementation of WIOA, Wagner Peyser Act, Federal Discretionary Grants, and other terms and
conditions for Federal funding.
VIII. EVALUATION
The Local Area shall provide applicable data and staff for participation in any Federal or State program or
delivery of service evaluations.
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4. PROGRAM REQUIREMENTS
The Local Area shall comply with United States Department of Labor, Employment and Training
Administration (DOL), Training And Employment Guidance Letters (TEGLs) issued under the authority of the
Workforce Innovation and Opportunity Act of 2014 (WIOA) for the Adult, Youth, Dislocated Worker,
Wagner Peyser Act, and other core partner programs for operational guidance related to, but not limited
to, required services and activities, allowable costs, reporting requirements, performance outcomes,
required partners, involvement of businesses, targeted populations , and WIOA governance, etc. for each
program funded under this Agreement. The Local Area shall comply with WIOA laws and WIOA final
regulations upon issuance.
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ALI
Funding is provided under the authority of the Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14) effective July 1, 2015 which includes the Wagner Peyser Act of
1933, as amended.
I. PURPOSE OF FUNDING
Wagner-Peyser funds provide labor exchange services that include self-service, facilitated self-help
services, and staff -assisted services for job seekers and employers. Services provided shall include use of
computer workstations to access on-line use of resources, databases, and websites where job orders and
resumes can be posted and job matches can be made. Staff -assisted services for job seekers shall include
one-on-one or group activities such as job search workshops, assessment, vocational guidance, aptitude
testing, labor market information, job referrals, and referrals to supportive services or training. Staff -
assisted services for employers shall include job order taking, job matching, and recruitment and
prescreening of job candidates. Career services, as defined in WIOA regulations and which fall within the
intent of the Wagner-Peyser Act may also be provided.
II. REQUIRED PROGRAM ELEMENTS
The Local Area shall make available through the One -Stop delivery system all labor exchange services
identified above in Paragraph I, as allowable under WP Section 7A.
a) The Local Area receiving Wagner-Peyser Funds shall provide veterans with priority employment and
training services in accordance with United States Code Title 38, Chapters 41 and 42, 20 CFR
1001.120, and 20 CFR 1010. The following order of priority shall be observed:
• Special disabled veterans
• Disabled veterans other than special disabled veterans
• All other veterans and eligible covered persons
• Non -veterans
b) All job orders processed through Connecting Colorado with staff assistance must have veterans'
priority of service applied. Staff will apply veterans' priority of service by using the Connecting
Colorado automated file search and the Integrated Voice Response (IVR) system or manual
telephone call referrals when necessary. Job orders taken by workforce center staff shall be placed
on hold when entered into Connecting Colorado until an automated veterans' file search and
referral to the IVR has been performed. Any staff person working with job orders shall ensure that
veterans' priority of service has been applied to all job orders. If no qualified veterans are found,
the job order may be released for general referrals.
c) Migrant and seasonal farm workers shall be provided the full range of services offered to the
public.
d) The Local Area shall not charge a fee for any Wagner-Peyser funded activity.
e) The Local Area shall provide labor exchange services pursuant to the Wagner-Peyser Act Section
7(a) List of Allowable Activities. The Local Area shall register any Unemployment Insurance
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claimants for work and notify the State Unemployment Insurance office of any Unemployment
Insurance claimants who are not able and not available to work or who refuse either a suitable job
referral or a suitable job offer.
f) The Local Area shall make a Wagner-Peyser staff person available during regular office hours to
take complaints pursuant to the Job Service Complaint System (20 CFR 658.400 ff) and to explain
operation of the complaint system.
The Local Area shall discontinue services to any employer who has been determined by the State to
be in violation of the provisions of the Wagner-Peyser Act and regulations (20 CFR 658.500 ff).
h) The Local Area shall use Wagner-Peyser funds to provide services to clients who are eligible under
the Trade Adjustment Assistance Reauthorization Act Of 2015 (TAARA) Program. Wagner-Peyser
funded staff, which includes the Local Area regional TAARA representative, (or WIOA Dislocated
Worker funded staff when the individual recipient is co -enrolled) are required to provide on -going
career services to clients who are TAARA-eligible or to clients who are enrolled in and receiving
benefits and reemployment services through the TAARA program (see Part 3, Section J, TAARA
Program funding provisions below).
i) In the Local Plan, the Local Area shall identify projected performance levels for the performance
measures established by the federal and state funded programs covered in this Agreement. The
Local Area shall work with the State to adjust performance measures, as needed, based on any
Federal or State mandated legislative or policy changes that occur during the grant funding period.
Performance outcomes related to these measures shall be evaluated as part of the State's annual
monitoring processes.
j) Merit Staffing Requirements. The Local Area shall comply with all applicable Federal laws regarding
merit staffing requirements including, but not limited to, the Wagner-Peyser Act of 1933, 29 U.S.C.
49, et seq., as amended, the Intergovernmental Personnel Program, Chapter 62 of Title 42, U.S.C.,
as amended, and all associated rules, regulations and policies, as amended. These staffing
requirements consist of, but are not limited to: 1) recruiting, selecting, and advancing employees
on the basis of their relative ability, knowledge and skills, including open consideration of qualified
applicants for initial appointment; 2) providing equitable and adequate compensation; 3) training
employees, as needed, to assure high -quality performance; 4) retraining employees on the basis of
the adequacy of their performance, correcting inadequate performance, and separating employees
whose inadequate performance cannot be corrected; 5) assuring fair treatment of applicants and
employees in all aspects of personnel administration without regard to political affiliation, race,
color, national origin, sex, or religious creed and with proper regard for their privacy and
constitutional rights as citizens; and 6) assuring that employees are protected against coercion for
partisan political purposes and are prohibited from using their official authority for the purpose of
interfering with or affecting the result of an election or a nomination for office.
W. ALLOWABLE COSTS
g)
Pursuant to Section 7a of the Wagner Peyser Act the general categories for allowable costs include, but are
not limited to:
a) job search and placement services to job seekers including counseling, testing, occupational and
labor market information, assessment, and referral to employers;
b) appropriate recruitment services and special technical services for employers;
c) evaluation of programs;
d) developing linkages between services funded under the Wagner Peyser Act and related Federal or
State legislation, including the provision of labor exchange services at educational sites;
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e) providing services for workers who have received notice of permanent layoff or impending layoff,
or workers in occupations which are experiencing limited demand due to technological change,
impact of imports, or plant closures;
f) developing and providing labor market and occupational information;
g) developing a management information system and compiling and analyzing reports therefrom;
h) administering the work test for the State unemployment compensation system and providing job
finding and placement services for unemployment insurance claimants; and
i) the provision of career services as defined in WIOA regulations.
IV. RESTRICTIONS ON FUNDING
a) Funds may not be used for supportive services, follow-up services, or economic development.
b) Wagner—Peyser Funded programs shall not be subcontracted out unless the programs are
implemented under a Merit System as referenced above and provided by another governmental
system.
c) Wagner-Peyser funds shall not be used for training of participants but may be allowed in support of
providing training services to participants.
d) Job seekers shall not be referred to a for-profit employment agency that will charge them a fee for
job placement.
e) Job seekers shall not be referred to job orders for a position that is vacant because of a strike or
labor dispute, or to a position where the incumbent worker is covering the position of a striking
employee.
f) Job orders, which are discriminatory or pay less than minimum wage shall not be accepted.
B. WAG
R
FUNDS
Funding is provided under the authority of the Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14) effective July 1, 2015 which includes the Wagner Peyser Act of
1933, as amended.
I. PURPOSE OF FUNDING
Wagner-Peyser 10% Discretionary funds are awarded by the Governor for discretionary projects that may
include, but are not limited to, the following:
a) Performance incentives for Local Area programs;
b) Services for individuals with significant barriers to employment;
c) Services targeted at employers; and
d) Other initiatives in support of labor exchange services and/or career services provided in the Local
Area.
II. REQUIRED PROGRAM ELEMENTS
a) The Local Area shall make labor exchange services available pursuant to the stated purpose of the
special initiative for which they are receiving funds.
b) The Local Area shall operate any WP discretionary grant funded activities pursuant to the
provisions of the Wagner-Peyser Act.
c) In accordance with WIOA, the Local Area shall integrate services provided using WP Discretionary
funds with other WIOA required partner programs to make available resources and services as
needed.
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C. WSQAA TITLE I ADULTANQ tE0 WORKER
Funding is provided under the authority of the Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14) effective July 1, 2015 which includes the Wagner Peyser Act of
1933, as amended.
I. PURPOSE OF FUNDING
The purpose of the Adult and Dislocated Worker funds is to establish a One -Stop delivery system described
in WIOA section 121(e); to provide career services and training services through the One -Stop delivery
system; to establish and develop relationships and networks with large and small employers and their
intermediaries; and to develop, convene, or implement industry or sector partnerships.
II. REQUIRED PROGRAM ELEMENTS
Pursuant to WIOA §134 (c), Adult and Dislocated Worker Services provided by the Local Area shall include,
at minimum, the following:
a) Eligibility determinations for programs delivered under WIOA;
b) Outreach, intake, and orientation to workforce center information and services;
c) Initial assessment of skill levels, aptitudes, and supportive service needs;
d) Job search and placement assistance; career counseling, if needed;
e) Provision of referrals to and coordination of activities with other programs and services, including
programs and services within the one -stop delivery system and, in appropriate cases, other
workforce development programs;
f) Provision of labor market information relating to local, regional, and national labor market regions;
g) Provision of performance information and program cost information on eligible providers who are
delivering employment training services under the WIOA;
h) Provision of information regarding Local Area performance with regard to One -Stop delivery system
performance measures;
i) Provision of accurate information relating to the availability of supportive services, including child
care and transportation, available in the Local Area, and referral to such services;
Provision of information regarding filing claims for unemployment insurance compensation;
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))
k) Assistance in establishing eligibility for programs of financial aid assistance for training and
education programs that are not funded under WIOA;
I) Retention services, if determined to be appropriate in order for an individual to obtain or retain
employment;
m) Follow-up services for those participants in workforce investment activities who are placed in
unsubsidized employment for not less thantwelve( 12) months after the first day of the
employment;
n) Training services pursuant to WIOA 134 (c)(3); and
o) Other permissible employment and training activities allowed under WIOA 134(d).
D. WIOA TITLE I MUM
Funding is provided under the authority of the Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14) effective July 1, 2015 which includes the Wagner Peyser Act of
1933, as amended.
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I. PURPOSE OF FUNDING
The purpose of the Youth Funds is to provide to eligible youth with employment and training services based
on an objective assessment of the academic levels, skills levels, and service needs of each participant (see
WIOA §129(a)).
II. REQUIRED PROGRAM ELEMENTS
Pursuant to WIOA §129(c)(2), Youth programs and services provided by the Local Area shall include, at
minimum, the following:
a) Tutoring, study skills training, instruction and evidence -based dropout prevention and recovery
strategies that lead to completion of the requirements for a secondary school diploma or its
recognized equivalent (including a recognized certificate of attendance or similar document for
individuals with disabilities) or for a recognized post -secondary credential;
b) alternative secondary school services, or dropout recovery services, as appropriate;
c) paid and unpaid work experiences that have as a component academic and occupational education;
d) occupational skill training, which shall include priority consideration for training programs that lead
to recognized postsecondary credentials that are aligned with in demand industry sectors or
occupations in the local area, if the local board determines that the programs meet the quality
criteria described in WIOA §123;
e) education offered concurrently with and in the same context as workforce preparation activities
and training for a specific occupation or occupational cluster;
f) Leadership development opportunities, which may include community service and peer centered
activities encouraging responsibility and other positive social and civic behaviors;
g) Adult mentoring for the period of participation and a subsequent period, for a total of not less than
12 months;
h) Follow-up services for not less than 12 months after the completion of participation, as appropriate
i) comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and
referral as appropriate;
j) Financial literacy education;
k) Entrepreneurial skills training;
I) services that provide labor market and employment information about in -demand industry sectors
or occupations available in the local area, such as career awareness, career counseling, and career
exploration services;
m) Activities that help youth prepare for and transition to post -secondary education and training; and
n) Additional services pursuant to WIOA §129(c)(3).
III. RESTRICTIONS ON FUNDING
The Local Area shall comply with the following Restrictions on these funds (see WIOA§129(c)).
a) Funds shall not be used to develop or implement education curricula for school systems in
Colorado;
b) Funds shall not be used to provide funding for the School -to -Work program;
c) Not less than twenty percent (20%) of Youth program funds shall be used to provide in -school
youth and out -of -school youth with paid and unpaid work experiences; and
d) Fund shall not be used to provide an activity for eligible youth who are not school dropouts if
participation in the activity would interfere with or replace the regular academic requirements of
the youth.
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E. OVAI T D
Funding is provided under the authority of the Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14) effective July 1, 2015 which includes the Wagner Peyser Act of
1933, as amended.
I. PURPOSE OF FUNDING
WIOA 25% Enhanced Dislocated Worker/Rapid Response funds are formula allocated to the Local Area
pursuant to the WIOA §132, to provide enhanced services to dislocated workers or to provide rapid
response activities in the Local Area. These funds are allocated to the Local Area to address local needs and
program preferences for dislocated workers pursuant to the WIOA §133 and 134.
II. REQUIRED PROGRAM ELEMENTS
a) Enhanced Dislocated Worker Services: These funds may provide additional dislocated worker
services pursuant to the required program elements outlined in Part III Section C above.
b) Rapid Response Activities: The Local Area may use these funds for Rapid Response Activities which
may include:
• On -site contact with the employer, representatives of the affected workers, and the local
community, to develop a layoff plan and schedule with the employer; to assess the potential
for averting the layoff; and to assess the assistance needs of and reemployment opportunities
for the dislocated workers;
• The provision of information and access to unemployment insurance compensation benefits
and comprehensive One -Stop delivery system services;
• The provision of financial assistance and guidance to establish a labor-management
committee to oversee the layoff and reemployment process;
• he provision of emergency assistance adapted to the needs of the particular layoff;
• A coordinated response to the dislocation event which may include linkages with federal,
state, and local economic development activities; collaboration with local business
associations, technical councils, and labor organizations, to address local dislocation events;
and other activities which ensure the rapid access to a broad range of allowable assistance to
dislocated workers.
c) The Local Area may determine how much of the allocation will be budgeted for Enhanced
Dislocated Worker services and how much will be budgeted for Rapid Response activities. Up to
10% of the allocated Enhanced Dislocated Worker funds may be used for administration expenses.
F. IVAI'a4 ME It
V
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Funding is provided under the authority of the Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14) effective July 1, 2015 which includes the Wagner Peyser Act of
1933, as amended.
I. PURPOSE OF FUNDING
Pursuant to the Workforce Investment Act of 1998 §132-134, the Governor may reserve up totwenty-five
(25%) of the Dislocated Worker funds for discretionary projects supporting dislocated workers and
incumbent workers in danger of layoff or for employer services, subject to any funding provisions included
in an NFA or any program requirements identified in a grant application proposal.
II. REQUIRED PROGRAM ELEMENTS
a) Participants shall meet the applicable eligibility category for the specific project.
b) Layoff Aversion/Incumbent Worker Projects shall follow the guidelines established in the
Incumbent Worker Training Policy Guidance Letter (PGL) and be in compliance with definitions
therein.
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c) Participants in Targeted Populations Projects shall meet the eligibility requirements of the WIOA
Dislocated Worker Program described in Part III, Section C. above.
III. RESTRICTIONS ON FUNDING
When WIOA Title I (25%) Discretionary funds are provided through a competitive process, administrative
expenses are not allowed. If these funds are allocated under the WIOA Dislocated Worker formula, ten
percent (10%) of the grant amount may be used for administrative expenses.
43 A
PL 107-288 Jobs for Veterans Act of 2002; Title 38, United States Code, Chapter 41; 20 CFR 1001.120, and
20 CFR 1010, funding through the Jobs for Veterans State Grant (JVSG) Program.
I. PURPOSE OF FUNDING
The State's JVSG Program Staff provide services to all eligible veterans and other eligible applicants. These
services include registration, counseling, referral to supportive services, job development, labor market
information, resume development, and career services, such as, case management, job search assistance
and referral to training. JVSG Program staff, also known as Veteran Employment Representatives and/or
Local Veterans' Employment Representatives (LVERs), Regional Veterans' Employment Representatives
(RVERs), and Disabled Veterans' Outreach Representatives (DVOP's), are State employees collocated in the
Local Area's workforce center(s), delivering these services to veterans and other covered persons.
a) These funds are provided as a contribution toward operating and overhead costs associated with
the number of Veteran Employment Representatives who are collocated in the Local Area's One -
Stop center(s).
b) Supplemental funding may be provided at the discretion of the State to support additional
operating expenses incurred by the Local Area, including costs for job fairs and the purchase of
computer equipment and/or other resources shared or used by the veterans employment
representatives in the local one -stop centers.
H. 4 s a: ; a. Y iOM HUNT MIN
Funding is provided under the authority of the Workforce Innovation and Opportunity Act of 2014 (WIOA)
(Public Law #113-128 enacted 7/22/14) effective July 1, 2015 which includes the Wagner Peyser Act of
1933, as amended, and C.R.S. Title 8, Article 83.
I. PURPOSE OF FUNDING
Funds are provided in support of the Governor's Summer Job Hunt (GSJH) Program which provides career
awareness, job readiness training, job placement services, job fairs and employment opportunities to youth
seeking unsubsidized jobs for the summer. Funding is provided primarily to cover staffing costs and
outreach activities to promote youth and business participation in the program.
II. REQUIRED PROGRAM ELEMENTS
a) The Local Area shall hire or assign staff to coordinate local GSJH services, which shall include the
following three activities: Recruitment of Youth; Recruitment of Businesses and Partnership
Development; and, Career Exploration and Preparation.
b) There are no eligibility requirements that youth must meet to participate in the program except
age. Services shall be provided to youth, ages 16 through 24, regardless of geographic boundaries,
income, ethnicity, and special needs. Local Areas are encouraged to serve 14 and 15 year olds
subject to local policies.
c) The Local Area shall promote the GSJH program and related events and activities to youth and
businesses using an outreach budget determined by the State in the GSJH PGL.
d) The Local Area's GSJH staff shall participate in monthly meetings, teleconferences, or webinars
initiated by the State. GSJH staff shall participate in training offered and/or coordinated by the
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State, including Federal and State Labor Law and OSHA training, and attending the State -sponsored
"Think Big" Youth Conference.
e) The Local Area shall submit an end of season report to the State GSJH Coordinator pursuant to the
guidelines in the GSJH PGL.
f) The Local Area shall collaborate with the State to determine appropriate performance outcomes for
the program during the grant funding period. The State reserves the right to adjust future funding
allocations based on annual performance results and expenditure performance.
III. ALLOWABLE COSTS
Funds are used for personnel/benefits, operating and overhead, and outreach and marketing costs related
to the GSJH. The Local Area may use funds for outreach and marketing subject to the budget limitations
identified in the GSJH PGL and in compliance with PGL 10 -10 -WP or most current PGL) Use of Funds for
Outreach, Advertising, Public Relations, and Informational Activities for allowable outreach and marketing
costs. Costs related to job fairs are also allowed, including facility rental, security, and transportation costs
(e.g. utilizing school buses to transport young adults to job fairs).
IV. RESTRICTIONS ON FUNDING
Outreach and Marketing funds shall not be used to promote any other programs or services outside of the
GSJH Program.
GRAM
Funding is provided under theWagner-Peyser Act of 1933, as amended by the Workforce Innovation and
Opportunity Act of 2014 (WIOA) (Public Law #113-128 enacted 7/22/14) effective July 1, 2015, as amended
by 20 CFR parts 651, 653, 655 and 658, effective January 25, 1977, governing employment services to
migrant and seasonal farm workers by the federal -state public Job Service System.
I. PURPOSE OF FUNDING
Funding is provided to support the Local Area's delivery of services to Migrant Seasonal Farm Workers
(MSFWs) and to cover personnel and benefits, training, and travel costs, as well as the purchasing of
equipment, supplies, and other materials to operate the MSFW Program.
II. REQUIRED PROGRAM ELEMENTS
a) The Local Area shall hire or assign staff to provide services to Migrant Seasonal Farm Workers
(MSFWs) pursuant to the Employment Service regulations located at 20 CFR 651 through 658.
b) If the Local Area's employment service area is designated as a "Significant MSFW Local Office"
pursuant to the definitions in 20 CFR 651.10, the Local Area is required to provide additional
outreach services to MSFWs.
c) Pursuant to 20 CFR 653.107, Significant MSFW local offices that deliver employment and training
programs through Wagner-Peyser funded Employment Services shall conduct an outreach program
in order to locate, contact, and register MSFWs who are not being reached by the normal intake
activities conducted by the local one -stop center(s). The Local Area, if designated as a "Significant
MSFW Local Office" by the Federal ETA, shall develop and submit to the State an annual outreach
plan setting forth numerical goals, policies, and objectives for providing equitable services to
MSFWs.
d) The Local Area shall provide outreach and employment services to agricultural employers as well as
to MSFWs. Services provided shall be integrated into the Local Area's MSFW program and provided
through the One -Stop delivery system.
III. PERFORMANCE MEASURES AND PROGRAM OUTCOMES
The Local Area and/or its "Significant MSFW Local Offices" shall provide MSFWs equitable services that are
both quantitatively and equitably proportionate to the services provided to the non-MSFW customer. On a
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EXHIBIT D
CMS #17-899XX (PY16)
quarterly basis, the Local Area shall make best efforts to meet the Equity Ratio and Minimum Service Goals
defined by Federal law and Federal guidance.
3.TRACIEA ASSATANcEREAUTHORIZATION ACT OF 2015
Funding is provided under the Trade Adjustment Assistance Reauthorization Act Of 201 TAARA), Title IV of
the Trade Preferences Extension Act of 2015 (Public Law 114-27); 20 CFR Part 617 Trade Adjustment
Assistance for Workers Under the Trade Act of 1974; any succeeding regulations governing TAARA; and all
applicable Federal directives for Trade Act Programs, including TEGLs, TENs, and UIPLs.
I. PURPOSE OF FUNDING
Pursuant to §235A of the Trade Act of 1974, as amended, TAARA funds are provided to the Local Area to
provide reemployment and case management services to trade -effected workers. A trade -effected worker
(otherwise known as adversely -effected worker pursuant to the Trade Act of 1974) means an individual
who was employed in a firm at which the workers are certified under the Trade Act as eligible to apply for
Trade Adjustment Assistance (TAARA) benefits, and who was totally or partially separated from such
employment due to lack of work.
II. REQUIRED PROGRAM ELEMENTS
a) The Local Area shall assist each trade -effected worker in applying for a determination of
entitlement to receive TAARA Program benefits and in registering each applicant in the Connecting
Colorado database.
b) The Local Area shall be responsible for serving trade -effected workers through the One -Stop
delivery system and shall work in coordination with the State's TAARA Program staff to deliver
approved services to each trade -effected worker.
c) The Local Area shall provide reemployment and case management services to trade -effected
workers to support their receiving reemployment trade adjustment assistance under §246 of the
Trade Act. Services shall include:
• Performing comprehensive and specialized skills and needs assessments;
• Developing individual employment plans; and providing:
• Providing information on available training and how to apply for such training,
o Information on how to apply for financial aid,
o Short-term pre -vocational services,
o Individual career counseling,
o Employment statistics information, and
o Information on the availability of supportive services
d) The Local Area shall provde counseling, testing and placement services, supportive services, and
other services provided for under any other applicable Federal law or workforce program to all
trade -effected workers.
III. ALLOWABLE COSTS
A trade -effected worker is eligible to apply for TAARA benefits; however, he/she may or may not receive
benefits through the TAARA program. The State TAARA staff review and evaluate the status of each trade -
effected worker applying for benefits to verify that they do qualify to receive program benefits. Case
management costs for serving a trade -effected worker, whether or not they are verified to receive program
benefits and/or are further enrolled in TAARA program services are allowable for reimbursement.
In addition to personnel and benefits costs related to the provision of case management and
reemployment services to trade -effected workers, funds may be used for assessment tests; skills
transferability analysis; peer counselors; development and provision of labor market information;
maintenance and enhancement of electronic case management systems to allow for improved case
management services; information on available training, including provider performance and cost
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EXHIBIT D
CMS #17-899XX (PY16)
information; and any other staff costs related to case management. In addition, costs for the translation of
forms and essential information and/or for interpretation and language assistance services used in case
management activities listed above are allowable.
IV. RESTRICTIONS ON FUNDING
Funds shall not be used to cover administrative costs, tuition fees for training, and/or reemployment and
case management operating expenses.
V. CONFIDENTIALITY
In accordance with the provisions and definitions in 29 CFR 90.33 and any successor provisions, the Local
Area shall keep confidential any confidential business information it obtains or receives in the course of
fulfilling its obligations under TAARA, and shall not disclose such information to any person, organization, or
other entity except as authorized by applicable State and Federal laws. In addition, the Local Area shall
keep confidential any information it receives about each trade -effected worker provided services in the
course of fulfilling its obligations under TAARA (including the Reemployment TAARA Program for Older
Workers and Health Coverage Tax Credit programs) and pursuant to these funding provisions and other
State and Federal laws.
K. FYIS SECTOR PAR RSHIP" NATIONAL EMERGENCY GRANT (SP NEG)
Funding is provided under the Workforce Investment Act of 1998, (Public Law 105-220), Title I, 20 CFR Part
652 et al., effective August 7, 1998 (WIA); WIA Title I, Section 173; the Workforce Innovation and
Opportunity Act of 2014 (WIOA), Public Law 113-128, Section 169 (enacted 7/22/14 and effective July 1,
2015); and Training and Employment Guidance Letter (TEGL) 31-14, Sector Partnership National Emergency
Grants.
The Local Area shall plan and provide services consistent with the requirements and services of WIOA and
the requirements specified in TEGL 31-14, Sector Partnership National Emergency Grants.
I. PURPOSE OF FUNDING
Funding shall be used to provide reemployment services, career services, short-term training, work -based
learning opportunities, and accelerated skills training that leads to an industry -recognized credential, skill
upgrades, and/or employment for eligible dislocated workers. SP NEG funding provided to the Local Area is
intended to provide new services and flexibilities that can be integrated with WIOA, not simply to
supplement or replenish WIOA Dislocated Worker formula funds. Funds are also intended to support
regional sector planning and to expand and implement new services using career pathways and sector
strategies.
The goals of this initiative are to expand work -based learning; align services with other federal, state or
local programs and agencies, such as Unemployment Insurance, Trade Adjustment Assistance, Temporary
Assistance for Needy Families; build upon existing sector strategies and career pathways; and, build new
sustainable partnerships with businesses and education partners to quickly reemploy dislocated workers in
high demand occupations and enhance their employability and earnings.
II. ELIGIBILITY AND TARGETED POPULATIONS
Dislocated workers are eligible participants in this grant. The Local Area shall serve eligible dislocated
workers with specific emphasis on dislocated workers who may have additional barriers or challenges to
reemployment, such as, long-term unemployed jobseekers (unemployed for at leasttwenty-seven ( 27)
weeks in aggregate over the past year), Unemployment Insurance claimants profiled as likely to exhaust
their benefits, and foreign -trained workers that have faced barriers to obtaining employment in their field
or profession. Veterans shall receive Priority of Service for training, services, and job placement.
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25 of 30
III. TARGETED INDUSTRIES
Sector industries selected shall be data driven and labor market information for the local area or economic
region shall be reviewed as part of the industry selection process. At least one industry of focus shall be
selected with a minimum involvement of three employers in the local area or region that represent the
industry of focus.
IV. REQUIRED PROGRAM ELEMENTS
Program services shall be provided subject to an approved Project Plan submitted with the Local Area's
expenditure authorization for SP NEG funds. The Local Area shall make available, at minimum, the services
identified below to address the needs of targeted populations and industries. These program services are
categorized into two (2) categories:
a) Enhanced Career Services
Individualized and customized services to equip workers with the tools and skills they need to successfully
re-enter the labor market as quickly as possible. A minimum of 20% of total funding shall be spent on
enhanced career services which may include:
• Short-term prevocational services,
• Internships,
• Out -of -area job search assistance,
• English language acquisition programs,
• Comprehensive and specialized assessments of skill levels and service needs,
• Career planning, job coaching, and job matching services,
• Identification of appropriate training programs,
• Job development and placement, and/or
• Provisioning of referrals to, and coordination with, other programs and services.
EXHIBIT D
CMS #17-899XX (PY16)
b) Training and Work -Based Training Models
Training for participants with an emphasis on work -based training models where participants can learn the
desired skills in the workplace and obtain or retain employment utilizing the newly acquired skills and
competencies. Non -work based training must be provided by training providers listed on the State's Eligible
Training Provider List (ETPL). A minimum of thirty (30% ) of total funding shall be spent on training and/or
work -based models which include:
• On -the -Job Training opportunities (OJTs),
• Apprenticeships,
• Incumbent worker training (requires employer match based on the size of the company),
• Customized training, and/or
• Transitional job opportunities.
For more information about these Required Program Elements, the Local Area shall refer to TEGL 31-14,
Sector Partnership National Emergency Grants and the State's SP NEG Program Guidance Letter (PGL).
V. ALLOWABLE COSTS
Funds may be used for, but are not limited to, the following allowable costs:
• Required program elements, identified above,
• Local Planning Activities, identified below,
• Staffing costs,
• Operating and overhead costs, and
• Administrative costs.
VI. REQUIRED PARTNERS AND COORDINATIONS
The Local Area shall:
a) Establish partnerships that, at a minimum, include representatives from each of the following:
the local community college or vocational/technical education institution, a county department of
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EXHIBIT D
CMS #17-899XX (PY16)
county human services, and at least three employers or industry representatives. The employers
or industry representatives must be from the sector identified by the Local Area as its industry of
focus.
b) Work with their partners to develop a navigation model to enable participants to move between
agencies and systems and leverage resources to obtain the services that they need to become
employed.
c) Connect with other local programs that address the needs of young adults (18-24) transitioning out
of foster care, and or local nonprofit agencies that serve the targeted population.
d) Recruit employers who can provide apprenticeships, internships, and OJT experiences and/or want
to expand existing sector and career pathways strategies.
e) Involve employers in regional planning, program design, curriculum development, and developing
work -based learning activities. Employers shall serve on the Local Area's SP NEG leadership team;
help implement program strategies and goals; identify and map the necessary skills and
competencies for the industry; and, where appropriate, assist with the design of an assessment or
credential that will address industry skill needs.
f) Coordinate services with partner agencies for the benefit of leveraging resources, making program
participant referrals, co -enrollment, and joint planning.
g) Identify curriculum, which currently exists for Career Pathways in specific industries.
h) Descrive how delivery of services shall be coordinated with at least two (2) other federal, state, or
local partners or programs in theProject Plan.
VII. LOCAL PLANNING ACTIVITIES
Recognizing WIOA's emphasis on regional planning and sector strategies, and the benefits these activities
provide in better serving employers and job seekers, including dislocated workers, a portion of the SP NEG
funding shall be used to support local planning. Such planning activities shall occur concurrently with the
delivery of training and other program services.
The Local Area, in coordination with the Local Board, shall coordinate and lead local planning activities to
include development of a regional/local Project Plan and the advancement of regional sector strategies
utilizing career pathways. Planning activities shall focus on topics, such as:
• Partnership and program development with stakeholders, employers, apprenticeship
programs.
• Acquisition, analysis and utilization of workforce information to identify regional trends,
including but not limited to labor market information and other state or private data.
• Training for staff in the Local Areas necessary to facilitate regional planning and implement
regional strategies.
• Asset mapping and identifying necessary skills and competencies for in -demand jobs.
• Investments in technology enabled tools and innovative strategies, e.g. virtual job shadowing,
to support better skills assessments and job matching.
• Strategies to better integrate and coordinate programs and services and to address gaps in
service delivery;
• Development of new career path strategies for specific sectors;
• Evaluation and modification of existing training programs and competencies; and,
• Development and expansion of work -based training or learning experiences, to include
internships, OJTs, transitional work, apprenticeships, and incumbent worker and customized
training opportunities.
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VIII. PERFORMANCE OUTCOMES
The Local Area shall meet the negotiated performance standards for the Dislocated Worker Program as well
as the participant enrollment goal for the SP NEG grant.
NOTE:
EXHIBIT D
CMS #17-899XX (PY16)
Performance Measures and Goals
Actual
Standard or %
* Total Participants Served
100%
*Entered Employment Rate
68%
*6 Month Retention after Initial Placement
84%
*Average 6 Months Earnings
$17,000.00
Total # of Participants Entering Training
Through a Career Pathways Program
Total U of Participants Completing Training
Total U Participants Receiving a Credential
Total it of Participants Completing Training &
Entering Unsubsidized Employment
Total It of Participants Completing Training &
Entering Unsubsidized Employment in their
Field of Training
Average Wage at Placement
numbers. All other items are for reviewing program delivery strategies.
IX. DATA TRACKING
The program and sub -code used in Connecting Colorado to track performance is DI -SP. The Program Code
DI is the code used for National Emergency Grants (NEGs) at the State level. The Local Area is required to
set-up the sub -code SP in order to track participants in this SP NEG program.
X. REPORTING REQUIREMENTS
The Local Area shall submit Monthly and Quarterly Progress Reports by the fifteenth(15th) of the following
month and of the ending quarter to the State Project Coordinator, using the required reporting templates
provided by the State.
XI. EVALUATION
The Local Area shall make available data and staff for participation in any Federal or State evaluations of
this program.
XII. RESTRICTIONS ON FUNDING
The Local Area shall comply with the following restriction on these funds: Cost per participant shall not
exceed ten -thousand( $10,000.00) without State review and approval.
L
I. PURPOSE OF FUNDING
Funds are provided to cover personnel and benefits costs and mileage reimbursement associated with
performing Housing Inspections and/or other Labor Certification activities in compliance with the rules and
regulations covering the Foreign Labor Certification Program. Costs may be attributed to activities in
support of tasks described in 20 CFR Part 654 Subpart E, Housing for Agricultural Workers and/or 29 CFR
1910.142,Temporary Labor Camps.
II. REQUIRED PROGRAM ELEMENTS
Housing Inspections and/or other Labor Certification activities may include, but are not limited to, the
following:
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28 of 30
a) Job Orders
Entering position in Connecting Colorado. Maintenance of job order, follow up with employer and continue
to screen and refer applicants. All job orders are staff -assisted only. May assist applicants with application
process, and interpret if necessary. Job orders may be open for up to 8 months due to 50% requirement.
Printing out full job order for clients.
b) Housing Inspections.
Preparation of paperwork for the housing inspection, providing documents to employer. Follow up and re -
inspection, if needed, perform physical inspection on new units, and other inspection activities.
c) Staff Time
• Conduct routine field and sanitation checks (MSFW Outreach Workers are required to go out
at least once a season to H2A employers).
• Preparation of outreach logs.
• Wage surveys.
• Process complaints.
• Conduct pesticide training if requested.
• Inspection of public housing.
• Recruitment of qualified applicants through outreach activities.
• Attend Program -related Training
III. ALLOWABLE COSTS
Allowable costs are those personnel/benefits and mileage costs associated with carrying out the Program
Activities above.
M.ors ,.,.,. FUND MO
EXHIBIT D
CMS #17-899XX (PY16)
Funding is provided under C.R.S. 8-77-109 Establishment of the Employment Support Fund (ESF) for use by
the Colorado Department of Labor and Employment,— Division of Employment and Training, and C.R.S. 8-83
Workforce Development Part 1 Division of Employment and Training; and C.R.S. 8-83-104 State
Employment Service.
I. PURPOSE OF FUNDING
Funds may be used to carry out employment and training activities in the Local Area and/or to support
workforce center operations
II. ALLOWABLE COSTS
Allowable costs shall be reasonable and necessary for workforce center operations and employment and
training activities which include, but are not limited to: building overhead and operating costs; indirect and
administrative costs; core services, career services, supportive services, and training services for
participants; staff development; information technology initiatives that benefit workforce development
programs; leverage and match for other workforce development programs in the Local Area; leasehold
improvements and/or the costs of moving a workforce center to a new location and other employment
service activities, such as:
• job search and placement services to job seekers including counseling, testing, occupational
and labor market information, assessment, and referral to employers;
• appropriate recruitment services and special technical services for employers;
• evaluation of programs;
• developing linkages between services funded under the Wagner Peyser Employment Service
Act and related Federal or State legislation, including the provision of labor exchange services
at educational sites;
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EXHIBIT D
CMS #17-899XX (PY16)
• providing services for workers who have received notice of permanent layoff or impending
layoff, or workers in occupations which are experiencing limited demand due to technological
change, impact of imports, or plant closures;
• developing and providing labor market and occupational information;
• developing a management information system and compiling and analyzing reports
therefrom; and,
• administering the work test for the State unemployment compensation system and providing
job finding and placement services for unemployment insurance claimants.
ESF funds may cover all of the allowable costs cited in the regulations and guidelines covering the
Workforce Innovation and Opportunity Act. Expenditures of ESF funds may be used as stand-in costs
required by other Federal grants provided under the WDP Agreement.
III. RESTRICTIONS ON FUNDING
Funds may not be used for religious, political, or discriminatory activities.
THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK
FINAL
30 of 30
JOHN HICKENLOOPER
Governor
ELLEN GOLOMBEK
Executive Director
KRISTIN M. CORASH
Deputy Executive director
William B. Dowling
Director
Month, Day, Year
The Board of County Commissioners of
c/o
Address, City, State ZIP
Re: Notice of Fund Availability:
Exhibit E
Sample Notice of Fund Availability
DEPARTMENT OF LABOR AND EMPLOYMENT
DIVISION OF EMPLOYMENT AND TRAINING
633 17th Street, 7th Floor
Denver, Colorado 80202-3627
County (Local Area)
for [One -Stop Center Name
Dear •
This Notice of Fund Availability (NFA) provides the following funding allocations available for expenditure for
the period(s) identified below:
Local Area: name
Funding Year starting 7/1/15
Entity
#5223
Funding Source
Period of
Performance
Program
Code
$ Amount
Formula
Yes
PY 16 Adult
7/1/16 to 6/30/18
4A66/4A86
$0.00
X
Py16 Youth
7/1/16 to 6/30/18
4Y66/4Y76/4Y86
$0.00
X
PY 16 Dislocated Worker
7/1/16 to 6/30/18
4D66/4D86
$0.00
X
PY 16 Wagner Peyser (WP)
7/1/16 to 6/30/18
2056
$0.00
X
PY 16 Employment Support Fund
(ESF)
7/1/16 to 6/30/17
2 W27
$0.00
X
TOTAL
$0.00
State and Local Area agree that only formula allocated fundmg provided through this NFA is available for
expenditures on the beginning date of the period of performance for each specific funding source listed above and
identified with an X in the "Formula YES" column, as applicable. Formula allocated funding that is effective prior
to the date of this NFA shall be considered retroactive and retroactive payments may be made. Retroactive
payments shall be handled in the manner stated in the applicable provisions of Exhibit D.
Pursuant to the Workforce Development Programs (WDP) Agreement #16 KAA XXXXX, the Local Area shall
submit to the State an original Expenditure Authorization (EA) or Informal EA modification that includes a
defined statement of work for each funding allocation identified above. The attached Fund Availability Summary
shows the Total Fund Availability for all funding allocations issued under WDP Agreement #16 KAA XXXXX.
The maximum funding for XXXX County under WDP Agreement # 16 KAA XXXXX shall not XXXXX Dollars
($XXX.00). The funding allocations identified herein are provided to the Local Area subject to an executed WDP
Agreement and appropriately executed EAs. This NFA shall become part of Attachment E to the fully executed
WDP Agreement for your Local Area.
If you have any questions, please call Workforce Development Programs at (303) 318-8800.
Sincerely,
William B. Dowling, Director
Division of Employment and Training
Colorado Department of Labor and Employment
1 of 2
Fund Availability Summary
Exhibit E
Sample Notice of Fund Availability
Local Area: NAME
Funding Year Starting 7/1/16
Entity #xxxx
Funding Source
Program Code
$ Amount
Increase/
Decrease
Revised/Final
Allocation
CFDA#
PY16 WIOA Adult
4A66/4A86
$0.00
$0.00
17.258
PY16 WIOA Youth
4Y66/4Y76/4Y86
$0.00
$0.00
17.259
PY16 WIOA Dislocated Worker
4D656/4D86
$0.00
$0.00
17.278
PY16 Wagner Peyser
2056
$0.00
$0.00
17.207
PY16 ESF
2W27
$0.00
$0.00
n/a
PYI6 25% Enhanced DW
4D76/4D96
$0.00
$0.00
17.278
FY17 Adult
46A6/48A6
$0.00
$0.00
17.258
FY17 Dislocated Worker
46D6/48D6
$0.00
$0.00
17.278
FY17 25% Enhanced DW
4ED6/4FD6
$0.00
$0.00
17.278
FY 16 TAA Case Mgmt
1727
$0.00
$0.00
17.245
FYl7 DVOP Operating
2038
$0.00
$0.00
17.801
PY16 Summer Job Hunt
3216
$0.00
$0.00
17.207
TOTAL
$0.00
$0.00
2of 2
Exhibit F-Certii1catirtn Regarding Debarment,
Suspension. Ineligibility and Voluntary Exclgslon-
Lower Tier Covered Transaction
Instructions for Certifications
1. By signing and submitting its proposal and signing this
contract, the prospective lower tier participant is providing
the certification set out below.
2. The certification in this clause is a material
representation of fact upon which reliance was placed when
this transaction was entered into. If it is later determined
that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other
remedies available to the Federal Government, the
department or agency with which this transaction
originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide
immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower
tier participant learns that its certification was erroneous
when submitted or had become erroneous by reason of
changed circumstances.
4. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal,
and voluntarily excluded, as used in this clause, have the
meaning set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted or
with whom this contract is made for assistance in obtaining
a copy of those regulations.
5. The prospective lower tier participant agrees by
submitting its proposal and signing this contract that should
the proposed covered transaction be entered into, it shall
not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment, debarred,
suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
6. The prospective lower tier participant further agrees by
submitting this proposal and signing this contract that it
will include this clause titled "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary
Exclusion -Lower Tier Covered Transaction," without
modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transaction.
7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment,
debarred, suspended, ineligible, or voluntarily excluded
from covered transactions, unless it knows that the
certification is erroneous. A participant may decide the
method and frequency by which it determines the eligibility
of its principals. Each participant may, but is not required
Exhibits F -J
Federal Certifications & Assurances
to, check the List of Parties Excluded from Federal
Procurement and 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 a person who is proposed for debarment,
suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other
remedies available to the Federal Government, the
department or agency with which this transaction
originated may pursue available remedies, including
suspension and/or debarment.
(1) The prospective lower tier participant certifies, by
submission of this proposal and execution of this contract,
that neither it nor its principals is presently declared
ineligible, or voluntarily excluded from participation in this
transaction by an Federal department or agency.
(2) Where the prospective lower tier participant is
unable to certify to any of the statements in this
certification, such prospective participant shall attach an
explanation to its proposal.
Exhibit GTobaeco Free Certification
Public Law 103-227, the Pro -Children Act of 1994,
requires that smoking not be permitted in any portion of
any indoor facility owned or leased or contracted for by any
entity and used routinely or regularly for the provision of
health, day care, education, or library services to children
under the age of 18, if the services are funded by Federal
programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan
guarantee. The law does not apply to children's services
provided by private residences, facilities funded solely by
Medicare or Medicaid funds, and portions of facilities used
for inpatient drug or alcohol treatment. By submitting and
signing the application and this contract, the contractor
certifies that it will comply with the requirements of the
Act. The contractor further agrees that it will require the
language of this certification to be included in any
subawards (or subcontracts) which contain provisions for
children's services and that all subgrantees (or
subcontractors) shall certify and perform accordingly
1
Exhibit H Certification Regarding Lobbying
(Certification for Contracts, Grants, Loans, and
Cooperative Agreements)
The undersigned certifies, to the best of his or her
knowledge and belief, that:
1 No Federal appropriated funds have been paid or
will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to
influence an officer or employee of any agency, a
Member of Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with the awarding of any
Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into
of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative
agreement.
2 If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an office or
employee of any agency, a Member of Congress,
an office or employee of Congress, or an employee
of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its
instructions.
3 The undersigned shall require that the language of
this certification be included in the award
documents for all sub -awards at all tiers (including
subcontracts, subgrants, and contracts under
grants, loans and cooperative agreements) and that
all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon
which reliance was placed when this transaction was made
or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction
imposed by section 1352, title 31, U.S. Code. Any person
who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more then
$100,000 for each such failure.
Exhibit I Drug -Free Workplace Certifications
Alternate I. (Contractors/Grantees Other Than Individuals)
A. The grantee/contractor certifies that it will or will
continue to provide a drug -free workplace by:
I. Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is
prohibited in the grantee's workplace and specifying
the actions that will be taken against employees for
violation of such prohibition:
2. Establishing an ongoing drug -free awareness program
Exhibits F -J
Federal Certifications & Assurances
to inform employees about -
a) The dangers of drug abuse in the workplace;
b) The grantee's policy of maintaining a drug -
free workplace;
c) Any available drug counseling, rehabilitation,
and employee assistance programs; and
d) The penalties that may be imposed upon
employees for drug abuse violations occurring
in the workplace;
3. Making it a requirement that each employee to be
engaged in the performance of the grant/contract be
given a copy of the statement required by paragraph 1;
4. Notifying the employee in the statement required by
paragraph 1 that, as a condition of employment under
the grant/contract, the employee will:
a) Abide by the terms of the statement; and
b) Notify the employer in writing of his or her
conviction for a violation of a criminal drug
statute occurring in the workplace no later than
five calendar days after such conviction;
5. Notifying the agency in writing, within ten calendar
days after receiving notice under paragraph 4(b) from
an employee or otherwise receiving actual notice of
such conviction. Employers of convicted employees
must provide notice, including position title, to every
grant officer or other designee on whose grant/contract
activity the convicted employee was working, unless
the Federal agency has designated a central point for
the receipt of such notices. Notice shall include the
identification number(s) of each affected
grant/contract;
6. Taking one of the following actions, within 30 calendar
days of receiving notice under paragraph 4(b), with
respect to any employee who is so convicted:
(a) Taking appropriate personnel action against
such an employee, up to and including
termination, consistent with the requirements
of the Rehabilitation Act of 1973, as
amended; or
(b) Requiring such employee to participate
satisfactorily in a drug abuse assistance or
rehabilitation program approved for such
purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
7. Making a good faith effort to continue to maintain a
drug -free workplace through implementation of
paragraphs 1,2,3,4,5, and 6.
B. The grantee/contractor may insert in the space provided
below the site(s) for the performance of work done in
connection with this grant/contract:
Alternate II. (Contractors/Grantees Who Are Individuals)
I . The grantee/contractor certifies that, as a condition
of the grant/contract, he or she will not engage in the
unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance in
conducting any activity with the grant/contractor;
2
2. If convicted of a criminal drug offense resulting from
a violation occurring during the conduct of any
grant/contract activity, he or she will report the
conviction, in writing, within 10 calendar days of the
conviction, to every grant officer or other designee,
unless the Federal agency designates a central point
for the receipt of such notices. When notice is made
to such a central point, it shall include the
identification number(s) of each affected
grant/contract.
Exhibit I Standard Aleurfillas
By signing this Agreement, the Local Area is providing the
assurances and/or certifications required as detailed below:
A. ASSURANCES - NON -CONSTRUCTION
PROGRAMS (SF 424 B):
NOTE: Certain of these Assurances may not be applicable
to your project or program.
As the duly authorized representative of the Local Area, I
certify that the Local Area:
I) Has the legal authority to apply for Federal
Assistance and the institutional managerial and
financial capability (including funds sufficient to
pay the non -Federal share of project costs) to
ensure proper planning, management and
completion of the project described in this
application.
2) Shall give the awarding agency, the Comptroller
General of the United States, and if appropriate,
the State, through any authorized representative,
access to and the right to examine all records,
books, papers, or documents related to the award;
and shall establish a proper accounting system in
accordance with generally accepted accounting
standards or agency directives.
3) Shall establish safeguards to prohibit employees
from using their positions for a purpose that
constitutes or presents the appearance of personal
or organizational conflict of interest, or personal
gain.
4) Shall initiate and complete the work within the
applicable time frame after receipt of approval of
the awarding agency.
5) Shall comply with the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 and 4728-
4783) relating to prescribed standards for merit
systems for programs funded under one of the
nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit
Exhibits F -J
Federal Certifications & Assurances
System of Personnel Administration (5 CFR 900,
Subpart F).
6) Shall comply with all Federal statutes relating to
nondiscrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of
1964 (P.L. 88-352) which prohibits discrimination
on the basis of race, color or national origin; (b)
Title IX of the Education Amendments of 1972, as
amended (20 U.S.C. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex
and blindness; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C.
794), which prohibits discrimination on the basis
of disability; (d) the Age Discrimination Act of
1975, as amended (42 U.S.C. 6101-6107), which
prohibits discrimination on the basis of age; (e) the
Drug Abuse Office and Treatment Act of 1972
(P.L. 92-255) as amended, relating to
nondiscrimination on the basis of drug abuse; (f)
the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616) as
amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; (g) Sections
523 and 527 of the Public Health Service Act of
1912 (42 U.S.C. 290 dd.3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.)
as amended, relating to nondiscrimination in the
sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific
statute(s) under which application for Federal
assistance is being made; and (j) the requirements
of any other non-discrimination statute(s) which
may apply to the application.
7) Shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646)
which provides for fair and equitable treatment of
persons displaced or whose property is acquired as
a result of Federal or federally assisted programs.
These requirements apply to all interests in real
property acquired for project purposes regardless
of Federal participation in purchases.
8) Shall comply with the provisions of the Hatch Act
(U.S.C. 1501-1508 and 7324-7328), which limit
the political activities of employees whose
principal employment activities are funded in
whole or in part with Federal funds.
9) Shall comply, as applicable, with the provisions of
the Davis -Bacon Act (40 U.S.C. 276a to 276a 7),
3
the Copeland Act (40 U.S.C. 276c and 18 U.S.C.
874, and the Contract Work Hours and Safety
Standards Act (40.327-333), regarding labor
standards for federally assisted construction
subcontracts.
10) Shall comply, if applicable, with Flood Insurance
Purchase Requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234, 42 USC
4012(a)) which requires recipients in a special
flood hazard area to participate in the program and
to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000
or more.
1 1) Shall comply with environmental standards which
may be prescribed pursuant to the following: (a)
institution of environmental quality control
measures under the National Environmental Policy
Act of 1969 (P. L. 91-190) and Executive Order
(EO) 11514, 42 USC 4321-4347; (b) notification
of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in flood plains in
accordance with EO 11988; (e) assurance of
project consistency with the approved State
management program developed under the Coastal
Zone Management Act of 1972 (16 U.S.C. (451 et.
seq.); (f) conformity of Federal actions to State
(Clear Air) Implementation Plans under Section
176(c) of the Clear Air Act of 1955, as amended
(42 U.S.C. Chapter 85, 7401 et seq.); (g)
protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974,
as amended, (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species
Act of 1973, as amended, (P.L. 93- 205).
12) Shall comply with the Wild and Scenic Rivers Act
of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of
the national wild and scenic rivers system.
13) Shall assist the awarding agency in assuring
compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16
U.S.C. 470), EO 11593 (identification and
protection of historic properties), and the Service
Award Act of 1974 (16 U.S.C. 469a.1 et seq.)
14) Shall comply with P.L. 93-348 regarding the
protection of human subjects involved in research,
development, and related activities supported by
this award of assistance.
15) Shall comply with the Laboratory Animal Welfare
Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
Exhibits F -J
Federal Certifications & Assurances
2131 et seq.) pertaining to the care, handling, and
treatment of warm blooded animals held for
research, teaching, or other activities supported by
this award of assistance.
16) Shall comply with the Lead -Based Paint Poisoning
Prevention Act (42 U.S.C. 4801 et seq.) which
prohibits the use of lead -based paint in
construction or rehabilitation of residence
structures.
17) Shall cause to be performed the required financial
and compliance audits in accordance with the
Federal Uniform Guidance Regulations effective
December 26, 2014.
18) Shall comply with all applicable requirements of
all other Federal laws, executive orders,
regulations and policies governing these programs.
B. ASSURANCE - NONDISCRIMINATION &
EQUAL OPPORTUNITY ASSURANCE
Note: This particular assurance (portions which are
duplicated elsewhere in other assurances) is applicable to
the extent that the program activities are conducted as part
of the One Stop delivery system (See 29 CFR 37.2) also
known as the American Job Center network.
As a condition to the award of financial assistance from the
United States Department of Labor under Title I of WIOA,
the Local Area assures that it shall comply fully with the
nondiscrimination and equal opportunity provisions of the
following laws:
(I) Section 188 of the Workforce Innovation and
Opportunity Act (WIOA), which prohibits discrimination
against all individuals in the United States on the basis of
race, color, religion, sex, national origin, age, disability,
political affiliation, or belief, and against beneficiaries on
the basis of either citizenship/status as a lawfully admitted
immigrant authorized to work in the United States or
participation in any WIOA Title I financially assisted
program or activity;
(2) Title VI of the Civil Rights Act of 1964, as amended,
which prohibits discrimination on the basis of race, color,
and national origin;
(3) Section 504 of the Rehabilitation Act of 1973, as
amended, which prohibits discrimination against qualified
individuals with disabilities;
(4) The Age Discrimination Act of 1975, as amended,
which prohibits discrimination on the basis of age; and
4
(5) Title IX of the Education Amendments of 1972, as
amended, which prohibits discrimination on the basis of
sex and blindness in educational programs.
BB. The Local Area also assures that it shall comply
with 29 CFR Part 38 and all other regulations
implementing the laws listed above. This assurance applies
to the Local Area's operation of the WIOA Title I
financially assisted program or activity, and to all
agreements the Local Area makes to carry out the WIOA
Title I financially assisted program or activity. The Local
Area understands that the United States has the right to
seek judicial enforcement of this assurance.
By signing the agreement, the Contractor is providing the
assurances and/or certifications required as detailed below:
Assurances - non -construction programs (sf 424
b)(Certain of these Assurances may not be applicable to
your project or program.) As the duly authorized
representative of the Contractor, [ certify that the
Contractor:
1. Has the legal authority to apply for Federal
Assistance and the institutional managerial and financial
capability (including funds sufficient to pay the non -
Federal share of project costs) to ensure proper planning,
management and completion of the project described in this
application.
2. Shall give the awarding agency, the Comptroller
General of the United States, and if appropriate, the State,
through any authorized representative, access to and the
right to examine all records, books, papers, or documents
related to the award; and shall establish a proper accounting
system in accordance with generally accepted accounting
standards or agency directives.
3. Shall establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Shall initiate and complete the work within the
applicable time frame after receipt of approval of the
awarding agency.
5. Shall comply with the Intergovernmental Personnel Act
of 1970 (42 U.S.C. 4728-4783) relating to prescribed
standards for merit systems for programs funded under one
of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 CFR 900, Subpart F).
6. Shall comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352)
which prohibits discrimination on the basis of race, color or
national origin; (b) Title IX of the Education Amendments
of 1972, as amended (20 U.S.C. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of
handicaps; (c) Section 504 of the Rehabilitation Act of
Exhibits F -J
Federal Certifications & Assurances
1973, as amended (29 U.S.C. ❑794), which
discrimination on the basis of handicaps; (d) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-
6107), which prohibits discrimination on the basis of age;
(e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92-255) as amended, relating to nondiscrimination on the
basis of drug abuse; (f) the Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616) as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) Sections 523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. 290 dd.3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title VIII of the Civil Rights Act
of 1968 (42 U.S.C. 3601 et seq.) as amended, relating to
nondiscrimination in the sale, rental or financing of
housing; (i) any other nondiscrimination provisions in the
specific statute(s) under which application for Federal
assistance is being made; and (j) the requirements of any
other non-discrimination statute(s) which may apply to the
application.
7. Shall comply, or has already complied, with the
requirements of Titles II and III of the Uniform Relocation
Assistance and Real purposes regardless of Federal
participation in purchases. Property Acquisition Policies
Act of 1970 (P.L. 91-646) which provides for fair and
equitable treatment of persons displaced or whose property
is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real
property acquired for project.
5
NF.t# 16-01
Entity# xxxx
Exhibit K
Local Area
AA DP Agreement C%IS#:1
SAMPLE INFORMAL EXPENDITURE AUTHORIZATION (EA) MODIFICATION
Name of Funding Source:
This document serves as approval by the Local Area Director for the modifications described below and
becomes an addendum to the original executed EA.
On behalf of the NAME Local Area, the undersigned request and approve this
Informal EA modification:
By: By:
Local Area, Director Date
Title:
BUDGET
Date
Local Area: NAME
Funding Year starting 7/1/16
Entity
#5210
Funding Source
Period of
Performance
Program
Code
$ Amount
Formula
Yes
X
X
TOTAL
EA MODIFICATIONS
A. This EA Modifies the Statement of Work
Project Contact Information
Program #1
NAME:
Region Project Coordinator
Name:
CDLE Project Coordinator
Name:
Phone:
Phone:
I. The Purpose and Rationale for this modification is:
2. The Impact of this modification on the following services/costs is:
Category
Services/Costs
Participant services
Training
Work Experiences/Intemships
Costs not related to Participant
Services
Supplemental Program Activities
3. -The impact of this modification on the following strategies is:
Page 1 of 3
Comment [CC1]: TIP Instructions
for completing the Informal EA
Modification form are the same as
those for completing a Formal EA
modification. See PGL Section IV. F
Review, Approval, and Submittal of an
Informal EA Modification form, for
instructions on processing informal EA
modifications.
Comment [CC2]: TIP: Only the
Director of the Local Area or County
Official is required to sign the Informal
I EA Modification form, subject to the
legal signature authority delegated to
the Director by the chief elected
official of the Local Area. The Director
i must have the authority given to them
by the local County Official to approve
increases/decreases of dollar amounts
that apply to the Informal EA
Modification transaction.
Comment [CC3]: TIP: This is an
1 extra signature block for the Local
Area. REMEMBER: CDLE DOES
NOT SIGN THIS DOCUMENT.
unless there is a specific reason why we
need to add CDLE signatures on here,
i e.g. mistaken oversight of the nature of
(I the EA modification.
I Comment [CIA]: Add a copy of the
i table from the NFA here (you can
include only the lines showing the
funding sources that this E.A mod
Comment [CC5]: TIP For each
funding stream listed on this EA.
complete the chart below.
Comment [CL6]: TIP: Include a
reference as to whether the budget is
being increased/decreased and if it is
decreased. attach a copy of the N PA
Consent Letteriemail signed by the
Comment [CL7]: Rationale shall
now include budget information as well
as program outcomes information.
Comment [CL$]: TIP: Career
services. support services. other
services in support of participant
outcomes
Comment [CL9]: "FIR i.e. includes.
apprenticeships, On -the -Job Training.
as well as other Training services
Comment [CL1O]: TIP: Operating
and overhead, personnel. travel,
outreach. capacity building, planning,
system improvements, etc.
Comment [CL11]: 'FIP: e.g. Adult
Education/GED and ESL classes.
purchases of assistive technology
vocational rehabilitation training
NFA# 16-01 Entity# xxxx
Exhibit K
Local Area:'
WDP Agreement CMS#:!
Category
Partnerships.
Businesses
Services/Costs
Targeted Populations
Program Integration
B. Budget Transfer. If this EA includes a transfer of funds between the Adult and Dislocated
Worker programs, describe the impact on:
Program activities
Performance outcomes
Program versus
Administration budgets
Projected Quarterly
Expenditures
C. Changes to the Budget and Performance Outcomes. Unless otherwise noted, modifications to
the Budget and Performance Outcomes are shown in the updated Budget and Program Outcomes Charts
in Section V. of this EA.
I . Special Initiatives. If modifications to the Statement of Work. Budget information, and
Performance Outcomes are included in the attached modified Grant Proposal, provide the reference page
numbers here:
Statement of Work
Page number and Paragraph/Spreadsheet Tab -
Column
Section 1. Services
Section 2. Budget Transfer
Section 3. Partnerships
Section 4. Businesses
Section 5. Targeted Populations
Section 6. Program Integration
Budget
Program Outcomes
If modifications to the Statement of Work, Budget information, and Performance Outcomes are not
identified in the attached approved Grant Proposal or Project Plan, describe the modifications for this
Special Initiative here and provide an updated Line Item Budget and Program Outcomes chart in Section
V.
Page 2 of 3
Comment [CC121: TIP is there a
' change in the services provided,
eligibility def itions, purpose of the
grant funds?
IComment [CL13]: TIP: i.e. will the
j participant numbers or carry in
L numbers change: if so, how?
Comment [CLl4]:.Are you
changing the WO admin budget? State
that here.
N F.8 # 16-01
Entity# xxxx
Exhibit K
Local .Area:"
WDP Agreement CIS#:'
II. MODIFICATIONS: FUNDING PROVISIONS AND OTHER SERVICES OR
RESOURCES
A. Funding Provisions for this EA are modified as follows:
B. Additional Services to be provided include:
Category
Incumbent Worker Training
Transitional Services
Changes to Services/Costs
Pay for Performance contracts
C. Additional Resources or Other Program Information.
Service
Changes
Subcontracting arrangements for delivery of
services
Other Internal Financial Resources to support
this initiative
Other External Financial Resources to support
the initiative
Cost Sharing/Match Requirements
SEE SECTION V ATTACHMENT FOR UPDATED BUDGET AND PROGRAM
OUTCOMES CHARTS
Page 3of3
Comment [CC15]: Add N A
lfunding provisions here.
Comment [CC16]: If any of these
options apply to this EA, provide a
specific statement of work or
description of the services provided.
Comment [CC17]: up to 20% of
I DW budget may be used for this
Comment [CC18]: up to 10% of the
AD and DW budgets may be used for
these
Comment [CC19]: up to 10% of
AD. DW, and Yth budgets may be used
for these
Comment [CC20]: TIP: To
complete this chart, refer to definitions
I. in the EA PGL. Attachment A
Comment [CC21]: If there is
Match, complete the Cost
Sharing/Matching/Leverage Summary
Table in Section V
Exhibit L
Federal and State Laws
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
Local Area 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 Local Area assures that:
1) No facility to be utilized in the performance of this Agreement has been listed on the EPA list of
Violating Facilities;
2) It will notify the Local Area's Administrator, prior to any award, of the receipt of any
communication from the Directors, Office of Federal Activities, U.S. EPA, indicating that a facility to be
utilized for this Agreement is under consideration to be listed on the EPA list of Violating Facilities; and
3) It will include this assurance, including this third part, in every non-exempt 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 [V 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 TELL #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 Local Area shall ensure that it, and its Subcontractors, if any, will comply with the Single
Audit provisions of the Uniform Guidance Regulations located 2 CFR Part 200, Subpart F - Audit
Requirements.
xi. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to
enter into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
lof 5
Exhibit L
Federal and State Laws
Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
xii. Salary and Bonus Limitations: Under Public Law 113-235, Section 105, none of the funds
appropriated under the heading "Employment and Training" shall be used by the Local Area 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 Executive Level II. The Executive Level II salary may change yearly and is located on
the OPM.gov website (http://www.opm.gov/policydataoyersight/payleave/slari5
wages/20 IS/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 Local Area 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
http://wdr.do Ieta.gov/directives/corrdoc.cfm?DOCN=2262.
xiii. 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 State 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.
xiv. Buy American Notice Requirement. None of the funds made available under Titles I or II of the
Workforce Innovation and Opportunity Act (Public Law 113-128) or under the Wagner- Peyser Act (29
U.S.C. 49 et seq.) may be expended by an entity unless the entity agrees that in expending the funds it
will comply with sections 8301 through 8303 of title 41, United States Code (commonly known as the
"Buy American Act").
xv. Compliance with State Law. The Local Area assures that it shall comply with all State laws,
regulations, policies and directives, including Policy Guidance Letters.
xvi. Safeguard against Fraud. The Local Area shall administer its Workforce Development Programs
in full compliance with all safeguards against fraud and abuse as set forth in Federal and State regulations.
xvii. Adherence to Grievance Procedure. Pursuant to the requirements of each funding source, the
Local Area shall follow all applicable federal regulations governing the resolution of grievances and
complaints, including those grievances and complaints based on discrimination. The Local Area shall
follow all applicable Policy Guidance Letters issued by the State concerning grievance procedures.
xviii. 29 CFR Part 36 — Nondiscrimination on the Basis of Sex in Education Programs or Activities
xix. 29 CFR Part29 and 30- Labor Standards for the Registration of Apprenticeship Programs, and
Equal Employment Opportunity in Apprenticeship and Training, as applicable.
2of 5
Exhibit L
Federal and State Laws
xx. 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)
xxi. 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 Innovation 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, i.e. the Local Area or any of its subcontractors is awarded a grant of
Federal funds, that organization must request an exemption from this law from the USDOL.
xxii. 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.
xxiii. 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 Local Area 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.
xxiv. Executive Order 12928. In compliance with Executive Order 12928, the Local Area 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.
xxv. Evaluation, Data, and Implementation. The Local Area 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.
xxvi. 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.
xxvii. Executive Order 13333: Trafficking in Persons. This Agreement may be terminated without
penalty, if the Local Area or any subcontractor (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)).
xxviii. Requirements for Conference 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
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successful performance of the Federal Award. Recipients are 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.
xxix. 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.
xxx. 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 .
xxxi. Personally Identifiable Information: The Local Area shall recognize and safeguard personally
identifiable information (P11) except where disclosure is allowed by prior written approval of the Grant
Officer or by court order. The Local Area 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 http://wdr.doleta.gov/directives/corr doc.cfm?DOCN--=7872).
xxxii. 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.
xxxiii. Health Benefit Coverage: The recipient 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.
xxxiv. 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.
xxxv. Architectural Barriers: The Architectural Barriers Act of 1968, 42 U.S.C.4151 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 Agreement
shall comply with these requirements.
xxxvi. Hotel- Motel Fire Safety: Pursuant to 15 USC 2225a, the Local Area 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).
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xxxvii. Prohibition on Contracting with Corporations with Felony Criminal Convictions: The Local Area
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 Local Area 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.
xxxviii. 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.
xxxix. Prohibition on Contracting with Corporations with Unpaid Tax Liabilities: The Local Area 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 Local Area 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.
xl. Profit: Pursuant to 2 CFR 200.400(g), the Local Area shall not earn or keep any profit resulting
from Federal financial assistance, except as authorized by WIOA Section 121(d) for One -Stop operators
(American Job Centers) or service providers which are for-profit entities.
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