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Home My WebLink About20152889.tiff • • RESOLUTION RE: APPROVE INFORMAL EXPENDITURE AUTHORIZATION MODIFICATION FOR VARIOUS 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 an Informal Expenditure Authorization Modification for Various 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, Employment Services of Weld County, and the Colorado Department of Labor and Employment, commencing October 1, 2015, and ending June 30, 2017, with further terms and conditions being as stated in said expenditure authorization modification, and WHEREAS, after review, the Board deems it advisable to approve said expenditure authorization modification, a copy of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Informal Expenditure Authorization Modificaiton for Various 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, Employment Services of Weld County, 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 expenditure authorization modification. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 31st day of August, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C LORADO - / ATTEST: dam.%) w .ick,;,,k. l�1L C arbara Kirkmey r, Chair Weld County Clerk to the Board /•rr� / Freeman, Pro-Tern B �epu Clerk to the Board P. Conway APR D AS TO F M: �c (- -07 uli . Cozad 7"-2- ounty Attorney ?Pd/A.1 Moreno Date of signature: 2015-2889 CC= H5IlYl. 9/!$ HR00E /A *5- MEMORANDUM DATE: August 12,2015 1861 Y I TO: Board of County Commissioners—Pass-Around - .- ,� FR: Judy A. Griego,Director,Human Services °NCO N RE: Department of Human Services' Employment Services of Weld County(ESWC)Submission of an Informal Expenditure Authorization(EA)Modification Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Departments' Employment Services of Weld County (ESWC)Submission of an Informal Expenditure Authorization Modification.The Informal EA Modification does not change the statement of work or budget for PY15 Adult,Youth, Dislocated Worker,Wagner Peyser and Employment Support.Funds. The modification simply includes additional Federal grant agreement provisions to supplement the Federal laws and requirements identified in Section 20.R General Provisions, Compliance with Federal and State Law of the current executed FY14 WDP Agreement. I do not recommend a Work Session.I recommend approval of this Modification. Approve Request • >e d Work Session Sean Conway �! Steve Moreno Barbara Kirkmeyer Mike Freeman Julie Cozad a • 2015-2889 Pass Around Memorandum;August 12,2015 , Page 1 NFA# 15-01 Entity# 5230 Local Area: Weld WDP Agreement CMS# : 54599 INFORMAL EXPENDITURE AUTHORIZATION (EA) MODIFICATION Name of Funding Source : This Informal EA Modification applies to Federal funding provided in NFA# 15 -01 for PY15 Adult, Youth, Dislocated Worker, and Wagner Peyser funds . 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 Weld Local Area, the undersigned request and approve this Informal EA modification : ,� , � � / '� % AUG � i ZOty By : � ��Cc�"r;� � % � 2.� ti- Barbara Kirkmey r Date Chair, Board of Weld County Commissioners By : ��fS"� By : inda Perez, Divisio ead Date Date Employment Services of Weld County Title : I. EA MODIFICATIONS A. This EA Modifies the Statement of Work. This Informal EA Modification does not change the statement of work for PY15 Adult, Youth , Dislocated Worker, Wagner Peyser and Employment Support Funds . IL MODIFICATIONS : FUNDING PROVISIONS AND OTHER SERVICES OR RESOURCES A. Funding Provisions For the Federal funding provided in NFA# 15 -01 for PY15 Adult, Youth, Dislocated Worker, and Wagner Peyser Programs and included in the executed PY15 Local Plan/EA, the funding provisions are hereby modified to include the following : NFA # 15-01 FUNDING PROVISIONS ADDENDUM The following Funding Provisions are included in the United States Department of Labor/Employment and Training Administration ' s Annual Funding Agreement with the Colorado Department of Labor and Employment for Program Year 2015 (PY15 ) Workforce Innovation and Opportunity Act (WIOA) Programs . The provisions apply to funds appropriated for PY 15 WIOA Title I State formula- funded Youth , Adult and Dislocated Worker programs . Thus, it includes the Fiscal Year 2016 funds to be issued at October 1 , 2015 . Funds must be expended in accordance with all applicable federal statutes, regulations and guidance , including those of the Workforce Innovation and Opportunity Act as presently in effect and as may become effective during the term of the executed FY 14 WDP Agreement which expires 6/30/ 17 . Page 1 of 4 O�- 0 �5� �8g�� NFA# 15-01 Entity#5230 Local Area: Weld WDP Agreement CMS#: 54599 In executing an Expenditure Authorization(EA) for funding provided in NFA#15-01,the Local Area agrees to comply with the additional Federal grant requirements and modified provisions in Section III and IV below. III. ADDITIONAL FEDERAL GRANT AGREEMENT PROVISIONS The following Federal grant requirements are additional provisions to supplement the Federal laws and requirements identified in Section 20.R General Provisions, Compliance with Federal and State Law of the current executed FY14 WDP Agreement. Personally Identifiable Information: Recipients must recognize and safeguard personally identifiable information (P11) except where disclosure is allowed by prior written approval of the Grant Officer or by court order. Recipients must 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). Violation of the Privacy Act: These funds cannot be used in contravention of the 5 USC 552a or regulations implementing that section. Health Benefit Coverage: The recipient must ensure that the use of these funds for health benefits coverage complies with 506 and 507 ofDivision G ofPublic Law 113-235, the Consolidated and Further ContinuingAppropriations Act, 2015. 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. The flood insurance purchase requirement applies to both public and private applicants for DOL support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by FEMA. Architectural Barriers: The Architectural Barriers Act of 1%8,42 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 grant support must comply with these requirements. Hotel-Motel Fire Safety:Pursuant to 15 USC 2225a,the recipient must 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). Recipients may search the Hotel Motel National Master List at bttp://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance, or to find other information about the Act. Prohibition on Contracting with Corporations with Felony Criminal Convictions:The recipient 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, Page 2 of 4 NFA# 15-01 Entity#5230 Local Area: Weld WDP Agreement CMS#: 54599 where the awarding agency 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 ofthe Government. 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. Prohibition on Contracting with Corporations with Unpaid Tax Liabilities:The recipient may 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 awarding agency 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. Profit:Pursuant to 2 CFR 200.400(g),non-Federal entities may 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. IV. MODIFIED FEDERAL PROVISIONS For Program Year 2015 (PY15) and Fiscal Year 2016(FY16)funds,the provisions below are in effect and reflect modifications to paragraphs xi, xiii, xxv, and xxvii, in Section 20.R General Provisions, Compliance with Federal and State Law of the current executed FY14 WDP Agreement. xi. 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 a recipient or sub- recipient of such funds 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/policy-data-oversight/pay-leave/salaries- wages/2015/executive-senior-level). The salary and bonus limitation does not apply to contractors providing goods and services as defined in 2 CFR 200.330. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients of such funds,taking into account factors including 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 involved 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.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"). Page 3 of 4 NFA# 15-01 Entity#5230 Local Area: Weld WDP Agreement CMS#: 54599 xxv.Prohibition on Providing Federal Funds to ACORN: These funds may not be provided to the Association of Community Organizations for Reform now(ACORN), or any of its affiliates, subsidiaries,allied organizations or successors. xxvii. Requirements for Conference and Conference Space: Conferences sponsored in whole or in part by the recipient of Federal awards are allowable ifthe conference is necessary and reasonable for the successful performance ofthe 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. NOTE: For any Federal carry-in funds from past program and fiscal years,e.g.PY13/FY14 and/or PY14/FY15,the original provisions of Section 20.R General Provisions, Compliance with Federal and State Law continue to apply. Page 4 of 4 RE : INFORMAL EXPENDITURE AUTHORIZATION MODIFICATION ATTEST : G/��u�/ � �' � BOARD OF COUNTY COMMISSIONERS Weld o n y Clerk to the oard WELD COUNTY , C LORADO _ , � � ; , BY : �� h �cl� C�L_ ` ;'�^o Deputy erk to the Board � arbara Kirkmey r, Chair AUG 3 1 2015 �e �,�1J APPROVED AS F NDI . � PPROVED AS TO S BSTANCE : �LZ�-t�rQ � Controller ted Offi ia o De rtment H ad APPROVED AS TO FORM : ILI�A' � � Directo o General Services 0 � County Attorney p�0 /3- o�.l�"� 9'l l / Hello