Board of MESA COUNTY COMMISSIONERS AGENDA

Monday

March 26, 2012

9:05 a.m. in the Public Hearing Room, 544 Rood Avenue

Call Meeting to Order:

Deletions from Agenda:

Additions to Agenda: Approval of Minutes:

Presentations: Presenting the Certificate of Achievement for Excellence in Financial

Reporting to the Mesa County Finance Department for its Comprehensive

Annual Financial Report for the fiscal year ended December 31, 2010

How are the Children?: Child Fatality Review Team, Brittany Kline/Kristy Emerson

Commissioners' Reports:

**PLEASE NOTE: THERE IS LIMITED FREE PUBLIC PARKING ON THE SOUTHEAST

CORNER OF 6TH

AND WHITE STREETS**

ADMINISTRATION

***CONSENT AGENDA*** APPROVED 3-0 The Consent Agenda is intended to allow the Board to spend its time on more complex items. These items are

generally perceived as non-controversial and can be approved by a single motion. The public or the Board

Members may ask that an item be removed from the Consent Agenda for individual consideration.

1) MCA 2012-055 Approving an Agreement between the Mesa County and the State of Colorado

acting by and through the Colorado Department of Labor and Employment to provide funding for

workforce development programs under the Workforce Investment Act of 1998, the Wagner-Peyser Act

of 1933 and other Federal and State statutes and authorizing the Chair to sign. (Sue Tuffin, Workforce

Center Director)

2) R 2011-010(3) Accepting the Public Trustee’s 4th Quarter report for 2011. (Paul Brown, Mesa

County Public Trustee)

3) Reappointing Lester Wheeler to the Collbran Cemetery Board with a term expiring March 1, 2017.

(Kathy Crane, Volunteer Coordinator)

4) Appointing Charles Nichols III to the Mesa-Molina Cemetery District Board with a term expiring

March 1, 2017. (Kathy Crane, Volunteer Coordinator)

5) Reappointing Elaine Mason to the Elmwood Cemetery Board with a term expiring March 1, 2017.

(Kathy Crane, Volunteer Coordinator)

***END OF CONSENT ITEMS***

Board of

MESA COUNTY

COMMISSIONERS

AGENDA

BOCC

March 26, 2012

Page 2 of 2

***ITEM(S) NEEDING INDIVIDUAL CONSIDERATION***

1) MCM 2011-099(1) Adopting a Resolution for supplementary budget to defray expenses in amounts

budgeted and budgetary transfers between funds or between spending agencies within a fund for Mesa

County, Colorado and authorizing the Chair to sign. (Eleanor Thomas, Finance) APPROVED 3-0

***END OF ITEM(S) NEEDING INDIVIDUAL CONSIDERATION***

**ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING AND CONVENE AS MESA

COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT BOARD**

Approval of Minutes: December 5, 2011 AND December 12, 2011 APPROVED

1) WWR 2011-003(1) Adopting a Resolution for supplementary budget to defray expenses in amounts

budgeted and budgetary transfers between funds or between spending agencies within a fund for

Whitewater Public Improvement District, Colorado and authorizing the Chair to sign. (Eleanor

Thomas, Finance) APPROVED 3-0

**ADJOURN MESA COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT HEARING

AND RECONVENE AS BOARD OF COUNTY COMMISSIONERS**

***BRIEFING ITEM(S)***

Briefing items are intended to allow the Board to give Staff guidance in day-to-day operations of the County, or

to hear general presentations from others.

NONE

***END OF BRIEFING ITEM(S)***

Notice: Copies of the agenda items are available to review upstairs from Linda Frasier, Administrative

Specialist, or Beth Linn, Office Administrator.

UNSCHEDULED BUSINESS:

THE BOARD MAY TAKE A LUNCH BREAK AT NOON IF THE MEETING IS NOT COMPLETED

BY THAT TIME.

END

CERTIFICATION OF POSTING

On March 22, 2012 at 4:00 p.m., B. Linn did post the above public notice of meeting on the East Entrance

bulletin board at 544 Rood Avenue, Grand Junction, Colorado on the above-referenced AGENDA.

On March 22, 2012, the above notice of meeting for the Mesa County Whitewater Public Improvement District

was posted in the Mesa County Whitewater Public Improvement District.

CDLE Contract Routing # 13 KAA XXXXX CMS # XXXXX

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STATE OF COLORADO Department of Labor and Employment

Agreement with

The Board of County Commissioners of Mesa County

TABLE OF CONTENTS 1. PARTIES ................................................................................................................................................................... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY. ..................................................................................... 1 3. RECITALS ................................................................................................................................................................ 1 4. DEFINITIONS .......................................................................................................................................................... 2 5. TERM ........................................................................................................................................................................ 3 6. STATEMENT OF WORK ........................................................................................................................................ 4 7. PAYMENTS TO THE LOCAL WORKFORCE REGION ..................................................................................... 4 8. REPORTING - NOTIFICATION ............................................................................................................................. 5 9. LOCAL WORKFORCE REGION RECORDS ........................................................................................................ 5 10. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................................................... 6 11. CONFLICTS OF INTEREST ................................................................................................................................. 7 12. REPRESENTATIONS AND WARRANTIES ....................................................................................................... 7 13. INSURANCE .......................................................................................................................................................... 7 14. BREACH ................................................................................................................................................................. 9 15. REMEDIES ............................................................................................................................................................. 9 16. NOTICES and REPRESENTATIVES .................................................................................................................. 11 17. RIGHTS IN DATA, DOCUMENTS, COMPUTER SOFTWARE, AND COPYRIGHT .................................... 11 18. GOVERNMENTAL IMMUNITY ........................................................................................................................ 12 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM ................................................................................... 12 20. GENERAL PROVISIONS .................................................................................................................................... 13 21. COLORADO SPECIAL PROVISIONS ............................................................................................................... 18 22. COLORADO SUPPLEMENTAL PROVISIONS (FFATA)…………………………………………………….20 23. SIGNATURE PAGE ............................................................................................................................................. 24 EXHIBIT A - AGREEMENT DEFINITIONS EXHIBIT B – LOCAL PLAN SIGNATURE PAGE AND LOCAL PLAN DOCUMENT EXHIBIT C – EXPENDITURE AUTHORIZATION EXHIBIT D – ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS EXHIBIT E – NOTICE OF FUND AVAILABILITY (NFA) LETTER EXHIBIT F – CERTIFICATION REGARDING DEBARMENT AND SUSPENSION EXHIBIT G – CERTIFICATION REGARDING LOBBYING EXHIBIT H – DRUG FREE WORKPLACE CERTIFICATIONS EXHIBIT I – TOBACCO FREE CERTIFICATION EXHIBIT J – STANDARD ASSURANCES

1. PARTIES This Agreement is entered into by and between The Board of County Commissioners of Mesa County on behalf of the Local Workforce Region (hereinafter referred to as the “Local Workforce Region”), and the STATE OF COLORADO acting by and through the Colorado Department of Labor and Employment (hereinafter called the “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 (hereinafter called the “Effective Date”). The State shall not be liable to pay or reimburse the Local Workforce Region for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date.

3. RECITALS A. Authority, Appropriation, and Approval


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Authority to enter into this Agreement exists in Colorado Revised Statutes (CRS) Title 8, Article 71, Part 1, Division of Employment and Training and Part 2, ColoradoWorkforce Investment Act; CRS 24-1-121 Creation of the Colorado Department of Labor and Employment; CRS 8-70 through 8-72 Colorado Employment Security Act; CRS 8-77-109 Employment Support Fund; CRS 24-46.3 Workforce Development; CRS 26-2-712 State Department Duties - Authority; the Federal Workforce Investment Act of 1998 (WIA) (also known as Public Law 105-220) Section 111 which includes the Wagner Peyser Act (WP); the authority of the Colorado Workforce Development Council to approve the use of WIA and WP Discretionary funds; and pursuant to the authority of the Colorado Department of Labor and Employment, Division of Employment and Training as administrator of the Workforce Investment Act and the Wagner Peyser Act, and other workforce development programs (WDP) including the Governor’s WIA and WP Discretionary funds. Funds have been budgeted, appropriated and otherwise made available pursuant to the Workforce Investment Act WIA, theWP, the State’s Long Bill for the appropriation of Employment Support Funds, the Displaced Homemaker Program, and other Federal and State funding appropriations for programs, such as, the Veterans' Employment and Training 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 workforce development programs. A sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. 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 for workforce development programs under the WIA, the WP, and other Federal and State statutes. Workforce development programs may include assistance to individuals seeking employment and training services and employers seeking business enhancement services to increase the quality and capacity of the local workforce 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 (additional program definitions are attached hereto as Exhibit A, Agreement Definitions): A. Agreement “Agreement” means this Agreement, its terms and conditions, attached exhibits, documents incorporated by reference 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. This Agreement may also be referred to as the “Workforce Development Programs Agreement (WDP Agreement)”. B. Agreement Funds “Agreement Funds” means available funds payable by the State to the Local Workforce Region pursuant to this Agreement. C. Budget

“Budget” means the budget for the Work described in Exhibit B, in any approved Expenditure Authorizations, and pursuant to Exhibit D. D. Expenditure Authorization “Expenditure Authorization (EA) means the document substantially similar to that attached hereto as Exhibit C and used as the mechanism by which Agreement Funds are authorized for expenditure. E. Evaluation


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“Evaluation” means the process of examining the Local Workforce Region’s Work and rating it based on criteria established in §6 and Exhibits B and D, and any approved Expenditure Authorizations. F. Exhibits and other Attachments

The following are attached hereto and incorporated by reference herein: Exhibit A, Agreement Definitions Exhibit B, Local Plan Signature Page and Local Plan Document Exhibit C, Sample Expenditure Authorization Exhibit D, Administrative Requirements and Funding Provisions Exhibit E, Sample Notice of Fund Availability (NFA) letter Exhibit F, Certification Regarding Debarment and Suspension Exhibit G, Certification regarding Lobbying Exhibit H, Drug-Free Workplace Certifications Exhibit I, Tobacco Free Certification

Exhibit J, Standard Assurances G. Goods

“Goods” means tangible material acquired, produced, or delivered by the Local Workforce Region either separately or in conjunction with the Services the Local Workforce Region renders hereunder. H. Notice of Fund Availability (NFA) Letter

“Notice of Fund Availability Letter” means the document substantially similar to that attached hereto as Exhibit E, which is issued from the State to the Local Workforce Region to provide original allocations of funds, any increases and/or decreases in funding, extensions of grant periods of performance, and which summarizes the total amount of funds by funding source available to the Local Workforce Region to perform Work pursuant to this Agreement. I. Party or Parties

“Party” means the State or the Local Workforce Region and “Parties” means both the State and the Local Workforce Region. J. Program

“Program” means the workforce development services provided under this Agreement which are funded by the Workforce Investment Act of 1998 the Wagner-Peyser Act, and/or other Federal and State statutes. K. Review

“Review” means examining the Local Workforce Region’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in §6 and Exhibits B and D, and any approved Expenditure Authorizations. L. Services

“Services” means the required services to be performed by the Local Workforce Region pursuant to this Agreement. M. Subcontractor

“Subcontractor” means third-parties, if any, engaged by the Local Workforce Region to aid in performance of its obligations. N. Work

“Work” means the tasks and activities the Local Workforce Region is required to perform to fulfill its obligations under this Agreement and pursuant to Exhibits B, and D, and any approved expenditure Authorizations, including the performance of the Services and delivery of the Goods. O. Work Product

“Work Product” means the tangible or intangible results of the Local Workforce Region’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives 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


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The Parties respective performances under this Agreement shall commence on the later of either the Effective Date or July 1, 2012 This Agreement shall terminate on June 30, 2015 unless sooner terminated or further extended as specified elsewhere herein.

6. STATEMENT OF WORK A. Completion

The Local Workforce Region shall complete the Work and its other obligations as described herein and pursuant to Exhibits B and D, and any approved Expenditure Authorizations, on or before June 30, 2015. The State shall not be liable to compensate the Local Workforce Region for any Work performed prior to the Effective Date or after the termination of this Agreement. B. Goods and Services

The Local Workforce Region shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Agreement Funds and shall not increase the maximum amount payable hereunder by the State. C. Employees

All persons employed by the Local Workforce Region or Subcontractors shall be considered the Local Workforce Region’s or Subcontractors’ employee(s) for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Agreement.

7. PAYMENTS TO THE LOCAL WORKFORCE REGION The State shall pay the Local Workforce Region, in accordance with the provisions of this §7, any issued NFA letters, any approved Expenditure Authorizations, and applicable provisions in Exhibit D. A. Maximum Amount The maximum amount payable under this Contract to Contractor by the State shall be determined by the State from available funds and set forth in any issued NFA letters. Payments to Contractor are limited to the unpaid obligated balance of the Contract set forth in the NFA letters.B. Payment i. Advance, Interim and Final Payments

Any advance payment allowed under this Agreement or in Exhibits B, C, and D shall comply with State Fiscal Rules and be made in accordance with the provisions of this Agreement or such Exhibit. The Local Workforce Region shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State.

ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by the Local Workforce Region previously accepted by the State. Uncontested amounts not paid by the State within 45 days may, if the Local Workforce Region so requests, 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 Workforce Region 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.

iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year. Therefore, the Local Workforce Region’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Agreement in whole or in part, the State’s performance hereunder is contingent upon the continuing availability of such funds. Payments pursuant to 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.

iv. Erroneous Payments


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At the State’s sole discretion, payments made to the Local Workforce Region in error for any reason, including, but not limited to overpayments or improper payments, and unexpended or excess funds received by the Local Workforce Region, may be recovered from the Local Workforce Region by deduction from subsequent payments under this Agreement or other agreements, grants or contracts between the State and the Local Workforce Region or 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.

C. Use of Funds Agreement Funds shall be used only for eligible costs identified herein and/or pursuant to Exhibits B and D and any approved Expenditure Authorizations.

8. REPORTING - NOTIFICATION Reports, Evaluations, and Reviews required under this §8 and pursuant to Exhibit D shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with §19, if applicable. A. Performance, Progress, Personnel, and Funds

The Local Workforce Region shall submit a report to the State upon expiration or sooner termination of this Agreement, containing an Evaluation and Review of the Local Workforce Region’s performance and the final status of the Local Workforce Region's obligations hereunder. In addition, the Local Workforce Region shall comply with all reporting requirements, if any, set forth in Exhibit D. B. Litigation Reporting

Within 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 Workforce Region’s ability to perform its obligations hereunder, the Local Workforce Region shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein. 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 Workforce Region’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Agreement. D. Subcontracts

Copies of any and all subcontracts entered into by the Local Workforce Region to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State. Any and all subcontracts entered into by the Local Workforce Region related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subcontracts be governed by the laws of the State of Colorado.

9. LOCAL WORKFORCE REGION RECORDS A. Maintenance

The Local Workforce Region shall make, keep, maintain, and allow inspection and monitoring by the State of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work or the delivery of Services (including, but not limited to the operation of programs) or Goods hereunder. The Local Workforce Region shall maintain such records until the last to occur of the following: (i) a period of three years after the date this Agreement expires or is sooner terminated, or (ii) final payment is made hereunder, or (iii) the resolution of any pending Agreement matters, or (iv) if an audit is occurring, or the Local Workforce Region 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

The Local Workforce Region 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 Workforce Region's records related to this Agreement during the Record Retention Period for a period of three years following termination of this Agreement or final payment hereunder, whichever is later, to


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assure compliance with the terms hereof or to evaluate the Local Workforce Region'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. If the Work fails to conform to the requirements of this Agreement, the State may require the Local Workforce Region promptly to bring the Work into conformity with Agreement requirements, at the Local Workforce Region’s sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the State may require the Local Workforce Region to take necessary action to ensure that future performance conforms to Agreement requirements and exercise the remedies available under this Agreement, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring

The Local Workforce Region shall permit the State, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by the Local Workforce Region 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 unduly interfere with the Local Workforce Region’s performance hereunder. D. Final Audit Report

If an audit is performed on the Local Workforce Region’s records for any fiscal year covering a portion of the term of this Agreement, the Local Workforce Region shall submit a copy of the final audit report to the State or its principal representative at the address specified herein.

10. CONFIDENTIAL INFORMATION-STATE RECORDS The Local Workforce Region shall comply with the provisions of this §10 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, CRS §24-72-101, et seq. A. Confidentiality

The Local Workforce Region shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of the Local Workforce Region shall be immediately forwarded to the State’s principal representative. B. Notification

The Local Workforce Region shall notify its agents, employees, Subcontractors, and assignees who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention

Confidential information of any kind shall not be distributed or sold to any third party or used by the Local Workforce Region or its agents in any way except as authorized by this Agreement or approved in writing by the State. The Local Workforce Region shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by the Local Workforce Region or its agents, except as permitted in this Agreement or approved in writing by the State. D. Disclosure-Liability

Disclosure of State records or other confidential information by the Local Workforce Region for any reason may be cause for legal action by third parties against the Local Workforce Region, the State or their respective agents. To the extent authorized by law, the Local Workforce Region shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by the Local Workforce Region, or its employees, agents, Subcontractors, or assignees pursuant to this §10.


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11. CONFLICTS OF INTEREST The Local Workforce Region shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of the Local Workforce Region’s obligations hereunder. The Local Workforce Region 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 Workforce Region shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of the Local Workforce Region’s obligations to the State hereunder. If a conflict or appearance exists, or if the Local Workforce Region is uncertain whether a conflict or the appearance of a conflict of interest exists, the Local Workforce Region shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration. Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Agreement.

12. REPRESENTATIONS AND WARRANTIES The Local Workforce Region 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 Workforce Region shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Agreement. B. Legal Authority – Local Workforce Region Signatory

The Local Workforce Region 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 Workforce Region to its terms. If requested by the State, The Local Workforce Region shall provide the State with proof of the Local Workforce Region’s authority to enter into this Agreement within 15 days of receiving such request. C. Licenses, Permits, Etc.

The Local Workforce Region represents and warrants that as of the Effective Date it has, and that at all times during the term hereof 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. The Local Workforce Region warrants that it shall maintain all necessary licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Agreement, without reimbursement by the State or other adjustment in Agreement Funds. Additionally, all employees, agents and Subcontractors of the Local Workforce Region performing Services under this Agreement shall hold all required licenses or certifications, if any, to perform their responsibilities. The Local Workforce Region, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for the Local Workforce Region to properly perform the terms of this Agreement is a material breach by the Local Workforce Region and constitutes grounds for termination of this Agreement.

13. INSURANCE The Local Workforce Region 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 Workforce Region and the State. A. Local Workforce Region i. Public Entities

If the Local Workforce Region is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the “GIA”), then the Local Workforce Region


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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 Workforce Region shall show proof of such insurance satisfactory to the State, if requested by the State. The Local Workforce Region 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.

ii. Non-Public Entities If the Local Workforce Region is not a "public entity" within the meaning of the GIA, the Local Workforce Region shall obtain and maintain during the term of this Agreement insurance coverage and policies meeting the same requirements set forth in §13(B) with respect to Subcontractors that are not "public entities".

B. The Local Workforce Region and Subcontractors The Local Workforce Region shall require each agreement with Subcontractors, other than those that are public entities, providing Goods or Services in connection with this Agreement, to include insurance requirements substantially similar to the following:

i. Worker’s Compensation Worker’s Compensation Insurance as required by State statute, and Employer’s Liability Insurance covering all of The Local Workforce Region and Subcontractor 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 hall immediately obtain additional insurance to restore the full aggregate limit and furnish to the Local Workforce Region a certificate or other document satisfactory to the Local Workforce Region 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 Workforce Region and any Subcontractors hereunder..

v. Primacy of Coverage Coverage required of the Local Workforce Region and Subcontractor shall be primary over any insurance or self-insurance program carried by the Local Workforce Region 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 Workforce Region, and the Local Workforce Region shall forward such notice to the State in accordance with §16 (Notices and Representatives) within seven days of the Local Workforce Region’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 Workforce Region 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 Workforce Region or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.

C. Certificates The Local Workforce Region and all Subcontractors shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Agreement. No


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later than 15 days prior to the expiration date of any such coverage, the Local Workforce Region and each Subcontractor shall deliver to the State or the Local Workforce Region 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 Workforce Region and each Subcontractor shall, within 10 days of such request, supply to the State evidence satisfactory to the State of compliance with the provisions of this §13.

14. 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 Workforce Region, or the appointment of a receiver or similar officer for the Local Workforce Region or any of its property, which is not vacated or fully stayed within 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 §16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. 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.

15. REMEDIES If the Local Workforce Region is in breach under any provision of this Agreement, the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Agreement following the notice and cure period set forth in §14(B). 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 Workforce Region 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 Workforce Region of such non-performance in accordance with the provisions herein. If the Local Workforce Region thereafter fails to promptly 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 Workforce Region shall continue performance of this Agreement to the extent not terminated, if any.

i. Obligations and Rights To the extent specified in any termination notice, the Local Workforce Region 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 Workforce Region 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 Workforce Region shall assign to the State all of the Local Workforce Region's right, title, and interest under such terminated orders or subcontracts. Upon termination, the Local Workforce Region shall take timely, reasonable and necessary action to protect and preserve property in the possession of the Local Workforce Region in which the State has an interest. All materials owned by the State in the possession of the Local Workforce Region shall be immediately returned to the State. All Work Product, at the option of the State, shall be delivered by the Local Workforce Region to the State and shall become the State’s property.

ii. Payments The State shall reimburse the Local Workforce Region only for accepted performance up to the date of termination. If, after termination by the State, it is determined that the Local Workforce Region was


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not in breach or that the Local Workforce Region's action or inaction was excusable, such termination shall be treated as a termination in the 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.

iii. Damages and Withholding Notwithstanding any other remedial action by the State, the Local Workforce Region 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 Workforce Region and the State may withhold any payment to the Local Workforce Region 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 Workforce Region is determined. The State may withhold any amount that may be due the Local Workforce Region 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 Workforce Region shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover.

B. Early Termination in the Public Interest The State is entering into this Agreement for the purpose of 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 Workforce Region, which shall be governed by §15(A) or as otherwise specifically provided for herein.

i. Method and Content The State shall notify the Local Workforce Region of such termination in accordance with §16. The notice shall specify the effective date of the termination and whether it affects all or a portion of this Agreement.

ii. Obligations and Rights Upon receipt of a termination notice, the Local Workforce Region shall be subject to and comply with the same obligations and rights set forth in §15(A)(i).

iii. Payments If this Agreement is terminated by the State pursuant to this §15(B), the Local Workforce Region shall be paid an amount which bears the same ratio to the total reimbursement under this Agreement as the Services satisfactorily performed bear to the total Services covered by this Agreement, less payments previously made. Additionally, if this Agreement is less than 60% completed, the State may reimburse the Local Workforce Region for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Agreement) incurred by the Local Workforce Region which are directly attributable to the uncompleted portion of the Local Workforce Region’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to the Local Workforce Region hereunder.

C. 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 Workforce Region’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 Workforce Region to an adjustment in price/cost or performance schedule. The Local Workforce Region 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 Workforce Region after the suspension of performance under this provision.

ii. Withhold Payment Withhold payment to the Local Workforce Region until corrections in the Local Workforce Region’s performance are satisfactorily made and completed.

iii. Deny Payment


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Deny payment for those obligations not performed that due to the Local Workforce Region’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 Workforce Region infringes on a patent, copyright, trademark, trade secret or other intellectual property right while performing its obligations under this Agreement, the Local Workforce Region shall, at the State’s option (a) obtain for the State or the Local Workforce Region 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.

16. NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to 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 Contracts Department of Labor and Employment 633 17th Street, 11th Floor Denver, CO 80202 303.318.8054 [email protected]

With a copy to:

Elise Lowe-Vaughn, Acting Director Workforce Development Programs Department of Labor and Employment 633 17th Street, 7th Floor Denver, CO 80202 303.318.8807 [email protected]

B. Local Workforce Region:

Name and Title of Person Department Name Address 1 Address 2 Town, State Zip Email

17. 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 Workforce Region 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 Workforce Region upon


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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 Workforce Region shall not use, willingly allow, cause or permit such Work Product to be used for any purpose other than the performance of the Local Workforce Region's obligations hereunder without the prior written consent of the State.

A. 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 Workforce Region 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 Workforce Region authorize or permit others to do so, without the prior, express, written consent of the federal government, through the State, until such time as the federal government may have released such data or other information to the public.

B. 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 Workforce Region 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 which is limited to the developer/seller costs of copying and shipping. If revenues are generated through selling products developed with Federal grant funds, including intellectual property, these revenues are program income. Program income is added to the grant funding amount and must be expended for allowable activities pursuant to the applicable Federal funding source.

C. 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 Workforce Region 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 Workforce Region 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.

D. The Local Workforce Region shall comply with the copyright requirements of 29 CFR 97.34. The Local Workforce Region shall give notice of these rights in data and copyright requirements in all its subcontracts and vendor agreements.

E. The Local Workforce Region, 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.

18. 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.

19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to the Local Workforce Region under this Agreement is $100,000 or greater, either on the Effective Date or at anytime thereafter, this §19 applies. The Local Workforce Region agrees to be governed, and to abide, by the provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor


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performance on state contracts and inclusion of contract performance information in a statewide Contract Management System.

The Local Workforce Region’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Agreement, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance. Evaluation and Review of the Local Workforce Region’s performance shall be part of the normal contract administration process and the Local Workforce Region’s performance will be systematically recorded in the statewide Contract Management System. Areas of 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 Workforce Region’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 Workforce Region’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 30 days of the end of the Agreement term. The Local Workforce Region 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.

Should the final performance Evaluation and Review determine that the Local Workforce Region 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 Workforce Region and prohibit the Local Workforce Region from bidding on future contracts. The Local Workforce Region may contest the final Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24-105-102(6)), or (b) under CRS §24-105-102(6), exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of the Local Workforce Region, by the Executive Director, upon a showing of good cause.

20. GENERAL PROVISIONS A. Assignment and Subcontracts

The Local Workforce Region’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 Workforce Region or the State are subject to all of the provisions hereof. The Local Workforce Region shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Binding Effect

Except as otherwise provided in §20(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. D. 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. G. Modification


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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 with 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 Workforce Region, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Federal Funding Accountability and Transparency Act of 2006 (“FFATA”), if applicable ii. Colorado Special Provisions, iii. The provisions of the main body of this Agreement, iv. Exhibit D, Administrative Requirements and Funding Provisions v. Exhibit B, Local Plan vi. Executed Notice of Fund Availability Letters vii. Executed Expenditure Authorization Documents viii. Exhibits A, F-J I. Severability

Provided this Agreement can be executed and performance of the obligations of the Parties 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 hereof, provided that the Parties can continue to perform their obligations under this Contract 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 Workforce Region 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 CRS §§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 Workforce Region shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing the Local Workforce Region for such taxes. 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. 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. O. Governor's Executive Orders for Energy Conservation and the Environment


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Pursuant to Colorado Governor’s Executive Orders D011 07 and D012 07, State is committed to taking a leadership position in sustainability, energy conservation and efficiency, and all environmental issues that affect the health and well being of Colorado citizens. During the term of this Agreement, State encourages the Local Workforce Region 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.

P. CORA Disclosure To the extent not prohibited by federal law, this Contract and the performance measures and standards under CRS §24-103.5-101, if any, are subject to public release through the Colorado Open Records Act, CRS §24-72-101, et seq Q. Certifications 1

By signing this contract, the Local Workforce Region agrees to provide, comply with, and, if applicable, execute the certifications set forth in Exhibits F through J. R. Compliance with Federal and State Law In addition to Exhibit J, Standard Assurances, the Local Workforce Region assures and certifies that in

administering programs under this Agreement, it will fully comply with the Workforce Investment Act of 1998, the Wagner-Peyser Act of 1933, the Jobs for Veterans Act of 2002, all regulations promulgated thereunder, and all other applicable laws executive orders, regulations, and policies, including, but not limited to, those listed below:

i. For all grants, and subcontracts in excess of One Hundred Thousand Dollars ($100,000); or where the grant officer has determined that orders under an indefinite quantity contract or subcontract in any year will exceed One Hundred Thousand Dollars ($100,000); or, if a facility proposed for use by the Local Workforce Region 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 Workforce Region 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 Workforce Region’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 IV of the Social Security Act. v. All applicable provisions of the Military Selective Services Act. vi. All applicable provisions of §665, Title 18, United States Code, (Theft or embezzlement from

employment and training funds; improper inducement; obstruction of investigations). vii. All applicable provisions of the Fair Labor Standards Act of 1938. viii. §§18-8-401 through 408, C.R.S., as amended, (Abuse of Public Office). ix. All applicable provisions of the Uniform Administrative Requirements and Cost Principles for

Grants and Agreements as promulgated in the Federal Common Rule, including but not limited to, OMB Circular A-21, A-87 (relocated to 2 CFR Part 225), A-102, A-110 and A-122, and 48 CFR Part 31.

1If the Local Workforce Region is unable to certify to any of the statements in these Exhibits to this Agreement, then the Local

Workforce Region shall attach an explanation to this Agreement explaining why the Local Workforce Region cannot provide or otherwise comply with a given certification.


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x. The Local Workforce Region shall ensure that it, and its Subcontractors, if any, will comply with all provisions of the Single Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133. If the Local Workforce Region expends $500,000 or more of federal awards in the the Local Workforce Region's fiscal year, then the Local Workforce Region shall submit an audit report, made in accordance with the Single Audit Act Amendments of 1996 (Public Law 104-156), OMB Circular A-133, and the applicable Audit PGL's, to the State within the earlier of thirty (30) calendar days after receipt of the auditor's report or nine (9) months after the end of the period audited. The Local Workforce Region shall establish an audit committee that engages an independent auditor, determines the services to be performed, reviews the progress of the audit and the final audit findings, and intervenes in any disputes between management and the independent auditors. The Local Workforce Region shall also institute policy and procedures for its Subcontractors that comply with these audit provisions.

xi. Salary and Bonus Limitations. The Local Workforce Region shall comply with Public Law 109-234 requiring that none of the funds appropriated in Public Law 109-149 or prior Acts under the heading "Employment and Training" that are available for expenditures on or after June 15, 2006, shall be used by the Local Workforce Region or subrecipient 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 the Federal Executive Level II, except as provided for under §101 of Public Law 109-149. This limitation shall not apply to vendors providing goods and services as defined in OMB Circular A-133. The Local Workforce Region shall refer to and comply with the United States Department of Labor's Training and Employment Guidance Letter Number 05-06 for Implementing the Salary and Bonus Limitations of Public Law 109-234.

xii. Federal Executive Order 13166 published August 11, 2000 for "Improving access to services for persons with limited English proficiency (LEP)" (65 FR 50121); United States Department of Labor regulations 29 CFR 31 requiring that all recipients of federal financial assistance provide meaningful access to LEP persons; and, United 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.

xiii. Buy American Notice Requirement. To the greatest extent practicable, all equipment and products purchased with funds made available under the Workforce Investment Act shall be American made. See WIA §505 Buy American Requirements.

xiv. Compliance with State Law. The Local Workforce Region assures that it shall comply with all State laws, regulations, policies and directives, including Program Guidance Letters.

xv. Safeguard against Fraud. The Local Workforce Region shall administer its Workforce Development Programs in full compliance with all safeguards against fraud and abuse as set forth in Federal and State regulations.

xvi. Adherence to Grievance Procedure. Pursuant to the requirements of each funding source, the Local Workforce Region shall follow all applicable federal regulations governing the resolution of grievances and complaints, including those grievances and complaints based on discrimination. The Local Workforce Region shall follow all applicable Program Guidance Letters issued by the State concerning grievance procedures.

xvii. 29 CFR Part 36 – Nondiscrimination on the Basis of Sex in Education Programs or Activities xviii. 29 CFR Part29 and 30- Labor Standards for the Registration of Apprenticeship Programs, and Equal

Employment Opportunity in Apprenticeship and Training, as applicable. xix. 2 CFR Part 170- Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Public

Law 109-282, as amended by section 6202 of Public Law 110-252) xx. Religious Freedom Restoration Act (RFRA), 42 United States Code Section 2000bb, which applies to

all Federal law and its implementation. If an organization is a faith-based organization that makes hiring decisions on the basis of religious belief, it may be entitled to receive Federal financial assistance under the Title I of the Workforce Investment Act and maintain that hiring practice even though section 188 of the WIA contains a general ban on religious discrimination in employment. If


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such an organization is awarded a grant of Federal funds, that organization must request an exemption from this law from the USDOL.

xxi. Publicity. No funds provided under this grant shall be used for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. Nor shall grant funds be used to pay the salary or expenses of any grant or agreement awardee or agent acting for such awardee, related to any activity designed to influence legislation or appropriations pending before Congress.

xxii. Public Announcements. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing project or programs funded in whole or in part with Federal money, the Local Workforce Region shall clearly state: 1) the percentage of the total cost of the program or project which will be financed with Federal money, and 2) the dollar amount of Federal funds for the project or program.

xxiii. Executive Order 12928. In compliance with Executive Order 12928, the Local Workforce Region is strongly encouraged to provide subcontracting/subgranting opportunities to Historically Black Colleges and Universities and other Minority Institutions, such as, Hispanic Serving Institutions and Tribal Colleges and Universities; and, to Small Businesses Owned and Controlled by Socially and Economically Disadvantaged Individuals.

xxiv. Evaluation, Data, and Implementation. The Local Workforce Region agrees to cooperate with the U.S. Department of Labor (USDOL) in the conduct of a third-party evaluation, including providing to USDOL or its authorized contractor appropriate data and access to program operating personnel and participants in a timely manner.

xxv. ACORN Prohibition. Section 511 of the Consolidated Appropriations Act, 2010 (P.L. 111-117, Division E)(“CAA”), requires that no direct or indirect funding from the Consolidated Appropriations Act may be provided to the Association of Community Organizations for Reform Now (“ACORN”) or any of its subsidiaries through Federal grant recipients, contractors, or subrecipients/subcontractors. USDOL is required to take steps so that no Federal Funds from the Consolidated Appropriations Act, 2010, are awarded or obligated by USDOL grant recipients, contractors, or subrecipients/subcontractors to ACORN or its subsidiaries as subgrantees, subcontractors, or other subrecipients. This prohibition applies not only to a direct recipient of Federal funds, but also to a subrecipient (e.g. a subcontractor, subgrantee, or contractor of a Local Workforce Region).

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21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all contracts except where noted in italics. (As used in these Special Provisions, the term “contract” also means “agreement.”) 1. 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. 2. 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. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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.


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9. 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 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. 10. 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. 11. 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. 12. 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.

SPs Effective 1/1/09



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22. 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 As of 10-15-10

As used in these Supplemental Provisions, the term “contract” also means “agreement.” 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. “Central Contractor Registration (CCR)” means the Federal repository into which an Entity must enter the information required under the Transparency Act, which may be found at http://www.bpn.gov/ccr.


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1.3. “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. 1.4. “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. 1.5. “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. 1.6. “Entity” means all of the following as defined at 2 CFR part 25, subpart C; 1.6.1. A governmental organization, which is a State, local government, or Indian Tribe; 1.6.2. A foreign public entity; 1.6.3. A domestic or foreign non-profit organization; 1.6.4. A domestic or foreign for-profit organization; and 1.6.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal entity. 1.7. “Executive” means an officer, managing partner or any other employee in a management position. 1.8. “Federal Award Identification Number (FAIN)” means an Award number assigned by a Federal agency to a Prime Recipient. 1.9. “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.” 1.10. “Prime Recipient” means a Colorado State agency or institution of higher education that receives an Award. 1.11. “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. 1.12. “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 to as Subgrantee. 1.13. “Subrecipient Parent DUNS Number” means the subrecipient parent organization’s 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient’s Central Contractor Registration (CCR) profile, if applicable. 1.14. “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. 1.15. “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:


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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. 1.16 “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. Central Contractor Registration (CCR) and Data Universal Numbering System (DUNS) Requirements. 3.1. CCR. Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final financial report required under the Award or receives final payment, whichever is later. Contractor shall review and update the CCR 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 CCR 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


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4.3. The public does not have access to information about the compensation of such Executives through 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 CCR 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 1, 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 To CCR. A Subrecipient shall register in CCR and report the following data elements in CCR 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. 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 CCR. 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.


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23. SIGNATURE PAGE Agreement Routing Number

THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT

* Persons signing for Contractor hereby swear and affirm that they are authorized to act on Contractor’s behalf and acknowledge that the State is relying on their representations to that effect.

THE BOARD OF COUNTY COMMISSIONERS OF Mesa County

By: Craig J. Meis Title: Chair

______________________________________________

*Signature

Date: _________________________

STATE OF COLORADO John W. Hickenlooper, Governor

Colorado Department of Labor and Employment

Ellen Golombek, Executive Director

______________________________________________ By: Kristin M. Corash

Deputy Executive Director

Date: _________________________

2nd The Local Workforce Region Signature if Needed

By: INSERT-Name of Authorized Individual Title: INSERT-Official Title of Authorized Individual ______________________________________________

*Signature

Date: _________________________

LEGAL REVIEW

John W. Suthers, Attorney General By:_______________________________________________

Signature - 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 David J. McDermott, CPA

By:___________________________________________

Shawn G. Milne, State Controller Delegate

Date:_____________________


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Exhibit A AGREEMENT DEFINITIONS

1. ADULT – An individual who is 18 years or older except when the individual is between the ages of 18 and 22 and meets the eligibility qualifications of a “disadvantaged youth” pursuant to the WIA Section 127 (b)(2); and except for formula allocation purposes which determines an adult as 22 years to 72 years pursuant to the WIA Section 132(b). 2. CASH REQUEST FORM - A cash request form is a printout of the Cash Request screen in the VAX financial system and it includes a listing of cash balances for all funding sources provided for Workforce Development Programs. 3. CONNECTING COLORADO – The case management tracking and reporting system that serves Colorado statewide in all of the Workforce Centers and associated statewide programs. It also provides the ability for Workforce Centers and their partners to track all federal, state and local programs (approximately 100) in one common database. The system also includes self-service internet-based functionality, the separate databases used for tracking the work opportunity Tax Credit (WOTC) and Trade Readjustment Assistance (TRA) programs and the contract/financial tracking system. 4. CONTRACTOR - any type of corporation, partnership, limited liability company, public agency, other entity, or natural person that enters into a contract with the CDLE, The Local Workforce Region or a Subcontractor under the WIA. One who contracts to do work for another. Throughout this Agreement, the term The Local Workforce Region is interchangeable with the term Contractor and/or Subrecipient. 5. DISCRETIONARY GRANTS – 1) are provided for statewide workforce investment activities; 2) are supported by funds reserved by the Governor pursuant to the WIA and WP Acts, as well as by Employment Support Funds appropriated by the State legislature; 3) are issued by the State at the State’s discretion and not allocated pursuant to a statutory formula or other negotiated formula; 4) are provided for workforce investmetn activities, such as performance incentives, capacity building, technical assistance, program evaluations, and the development and implementation of special initiatives and/or special projects; and 5) are grants which may or may not have been awarded pursuant to a solicition for grant proposal process. Discretionary grants also include awards to the Local Workforce Region from stand-alone federal discretionary grants that have been awarded to the State, the allocated amounts for which may be specified within the Federal grant document. 6. DISLOCATED WORKER – The term "dislocated worker" means an individual who: A. (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment; or (ii) has exhausted entitlement to unemployment compensation, or has been employed for a duration sufficient to demonstrate attachment to the workforce but who is not eligible for unemployment compensation due to insufficient earnings or the employer was not covered under State unemployment compensation law; or (iii) is unlikely to return to a previous industry or occupation; or B. (i) has been terminated or laid off, or who has received a notice of termination or layoff, from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise; or (ii) is employed at a facility at which the employer has made a general announcement that such facility will close within 180 days; or (iii) for eligibility purposes to receive services other than training services, intensive services, and supportive services, is employed at a facility at which the employer has made a general announcement that such facility will close; or C. was self-employed but is unemployed as a result of general economic conditions in the community in


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which the individual resides or because of natural disasters; or D. is a displaced homemaker. 7. DISPLACED HOMEMAKER – an individual who has been providing unpaid services to family members in the home and who has been dependent on the income of another family member but is no longer supported by that income; and is unemployed or underemployed and is experiencing the difficulty in obtaining or upgrading employment. 8. 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 workforce center clients, including, individual ePortfolios, individual development plans, self-assessments, courses that are integrated with the individual development plan, and academic transcripts, etc.; a multi-media, digital resource center; training for the professional workforce development community; team rooms supporting collaboration among Colorado's workforce development professionals statewide; and other supporting functions promoting the exchange of ideas and information related to workforce development issues. 9. ELIGIBLE YOUTH –except for the Job Corps and other National Programs, an eligible youth means an individual who is between the ages of 14 and 21; is a low-income individual; and is an individual who is one or more of the following: deficient in basic literacy skills; a school dropout; homeless, runaway, or a foster child; pregnant or a parent; an offender; or an individual who requires additional assistance to complete an educational program, or to secure and hold employment. 10. EMPLOYMENT SERVICES - Also known as labor exchange services, these services are delivered under the Wagner-Peyser Act and include self-help resources, staff-assisted services for job seekers and employers, job matching, job orders, job search workshops, vocational guidance, labor market information, job referrals, and other services related to employment and training. 11. LEVERAGED RESOURCES – The Subrecipient’s share of costs expended on allowable Agreement activities and any Federal funds from other sources that are expended on allowable activities related to a non-formula allocated, discretionary grant award. Leveraged resources include allowable matching costs (cash match and in-kind contributions), allowable non-matching costs, and non-allowable costs. 12. LOCAL WORKFORCE INVESTMENT BOARD (LWIB) – A policy-making group for the local workforce investment system, the members of which are appointed by the chief elected official of a local area. 13. MEMORANDUM OF UNDERSTANDING (MOU) - An agreement developed and executed between the Local Workforce Investment Board, with the approval of the chief elected official, and the One-Stop partners relating to the operation of the One-Stop delivery system in the local area.

14. MIGRANT SEASONAL FARM WORKER (MSFW) - A seasonal farm worker (or food processing worker) who must travel to do farm work so that he/she is unable to return to his/her permanent residence within the same day. Full-time students traveling in organized groups rather than with their families are excluded.

15. ONE-STOP AUTOMATION SYSTEM - The Statewide computer system which includes, but is not limited to, the following components: Participant/Client Tracking, Connecting Colorado, Contract Management, Financial reporting, and Accounting systems. 16. ONE-STOP DELIVERY SYSTEM - A seamless system of service delivery that is created through the collaboration of entities responsible for separate workforce development funding sources. 17. ONE-STOP PARTNERS (required) - Entities that carry out the workforce development programs and which are required to participate in the One-Stop delivery system pursuant to the Workforce Investment Act.


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18. PARTICIPANT - An individual who has been determined to be eligible to participate in workforce development programs funded by this Agreement, and who is receiving services through the workforce center. Participation shall be deemed to commence on the first day, following determination of eligibility, on which the individual began receiving subsidized employment, training, or other services provided under this Agreement.

19. PERFORMANCE STANDARDS - Performance Standards (also known as performance measures or performance indicators) are measurement indicators used to evaluate the performance of The Local Workforce Region's Workforce Development Programs funded under this Agreement. Performance standards include those measurement indicators identified in the Workforce Investment Act or other Federal laws and regulations and those program-specific indicators negotiated at the State and Local levels. 20. PERSON WITH A DISABILITY - An individual who: has a physical (motion, vision, hearing) or mental (learning or developmental) impairment which substantially limits one or more of that person's major life activities; has a record of such an impairment; or is regarded as having such an impairment (as defined in Section 3 of the Americans with Disabilities Act of 1990). 21. PROGRAM GUIDANCE LETTER (PGL) - Program Guidance Letters are documents issued by the State and disseminated via the Internet to the workforce regions, identifying policies and procedures that must be followed in operating and implementing Workforce Development Programs under this Agreement. PGL's may articulate step-by-step instructions for new procedures, identify portions of an existing policy that are being revised, and provide program information and guidance to the workforce regions. 22. PROGRAM YEAR - The term used to identify the one-year period from July 1 through June 30. For example, Program Year 2012 (PY12) is the time period of July 1, 2012 through June 30, 2013. The Program Year is overlapped by the next Federal Fiscal Year that extends from October 1 to September 30. For example, Program Year 2012 (PY12) is overlapped by the Federal Fiscal year 2013 (FY13). 23. REQUIRED PROGRAM ELEMENTS - Services, program components, and resources which must be made available by the The Local Workforce Region pursuant to the applicable laws and regulations for each funding source. The required program elements are identified in the statement of work for each funding source identified in this Agreement and in any executed EAs. 24. SIGNIFICANT MIGRANT SEASONAL FARM WORKER (MSFW) LOCAL OFFICES - Workforce regions designated annually by the United States Department of Labor Employment and Training Administration (ETA) and including those local workforce centers where MSFWs account for 10% or more of annual applicants and those local workforce centers which the ETA determines should be included due to special circumstances such as an estimated large number of MSFWs in the local workforce region. 25. SIGNIFICANT BILINGUAL MIGRANT SEASONAL FARM WORKER (MSFW) LOCAL OFFICES - Workforce regions designated annually by the United States Department of Labor Employment and Training Administration (ETA) and including those significant MSFW local offices where 10% or more of MSFW applicants are estimated to require service provisions in Spanish. 26. STATE WORKFORCE INVESTMENT BOARD (SWIB) – A Governor-appointed board serving to assist in the development and implementation of a State workforce investment plan. In Colorado the State Workforce Investment Board is known as the "Colorado Workforce Development Council" or “CWDC”. 27. VETERANS’ PRIORITY OF SERVICE - The term ‘veterans’ priority of service’, for the purpose of employment and training programs provided under this Agreement, means the right of eligible covered persons to be identified and made aware of their eligibility for priority of service at the point of entry to workforce development programs or services so they can take full advantage of priority of service. To take precedence over eligible non-covered persons in obtaining services in all qualified job training programs defined as “any workforce preparation , development or delivery program or service that is directly funded, in whole or part by


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the United States Department of Labor,” which includes receipt of job referrals, training opportunities, and other employment-related services. The eligible covered person shall receive access to the service or resource earlier in time than the eligible non-covered person; or, if the service or resource is limited, the eligible covered person shall receive access to the service or resource instead of or before the eligible non-covered person. Priority of service is to be applied across three different types of qualified job training programs: 1) universal access programs that do not target specific groups; 2) discretionary targeting programs that focus on certain groups but are not mandated to serve target group members before other eligible individuals; and, 3) statutory targeting programs that are mandated by federal law to provide priority or preference to certain groups. 28. WAGNER-PEYSER ACT – Purpose is to provide statewide labor exchange services that include self-service, facilitated self-help services, and staff assisted services for job seekers and employers. 29. WORKFORCE CENTER – A One-Stop delivery system office that provides integrated workforce development services in a One-Stop delivery system environment to the residents of a region. 30. WORKFORCE INVESTMENT ACT OF 1998 (Public Law 105-220) – An act to consolidate and improve employment training, literary, and vocational rehabilitation programs in the U.S., and for other purposes. 31. WORKFORCE REGION - A workforce investment area that makes up a single labor market area, economic development region or other appropriate contiguous subarea of a State, which has been designated as a workforce investment area by the Governor and which complies with the Workforce Investment Act (WIA) regulations 20 CFR Part 652, Sections 661.250 through 661.290.

32. YOUTH COUNCIL - A subgroup of the Local Workforce Investment Board responsible for coordinating local youth activities, developing portions of the local youth plan, conducting oversight with respect to eligible providers of local youth activities, and carrying out other duties authorized by the chair of the LWIB.


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Exhibit B

Workforce Investment Act Local Plan Signature Page

Workforce Region: CMS #

Address:

City/State/Zip

This Exhibit B provides the Local Plan required under the Workforce Investment Act of 1998 (WIA) for implementation starting in Program Year 2012. This Local Plan shall be implemented to cover the interim period until the Workforce Investment Act of 1998 (WIA) is reauthorized. We certify that all planned activities under the Local Plan are presented here for implementation beginning July 1, 2012 for Program Year 2012-2013.

By:_________________________ __________

Local Elected Official Date Chair, Board of County Commissioners

By:_________________________ _________

Local Workforce Investment Board, Date Chair

By:____________________________ ______ Workforce Region Director Date ADDITIONAL APPROVALS: By:____________________________ ______ Local Elected Official Date Chair, Board of County Commissioners By:_________________________ __________

[Name, Title] Date

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JOHN HICKENLOOPER Governor ELLEN GOLOMBEK Executive Director KRISTIN M. CORASH Deputy Executive Director

DEPARTMENT OF LABOR AND EMPLOYMENT OFFICE OF THE EXECUTIVE DIRECTOR 633 17th Street, 12th Floor Denver, Colorado 80202-3629

Month Day, Year Exhibit E The Board of County Commissioners of XXXX County (The Local Workforce Region) c/o Contact Person Address City, State ZIP Re: Notice of Fund Availability: #[FY - #] for [Workforce Center Name] Dear Contact Person: This Notice of Fund Availability (NFA) provides you with funding allocations for workforce development programs for the Program Year xxxx (PYxx). This NFA #[FY - #] provides the following [modifications to your] funding allocations:

Workforce Region: NAME CMS# Funding Source Term Vax # $ Amount

PY12 WIA Adult 7/1/12 to 6/30/14 $0.00 PY12 WIA Youth 7/1/12 to 6/30/14 $0.00 PY12 WIA Dislocated Worker 7/1/12 to 6/30/14 $0.00 PY12 Wagner Peyser 7/1/12 to 6/30/13 $0.00

FY13 WIA Adult 10/1/12 to 6/30/14 $0.00 FY13 WIA Youth 10/1/12 to 6/30/14 $0.00

Pursuant to the Workforce Development Programs (WDP) Agreement #[FY-xxxx routing number], the The Local Workforce Region shall submit to the State an Expenditure Authorization (EA) requesting authorization to expend or deobligate these funds. The attached Fund Availability Summary for all funding sources provided under the WDP Agreement #[FY-xxxx routing number] shows the Total Funding Availability for Program Year [xxxx]. The maximum funding for XXXX County under WDP Agreement #[FY-xxxx routing number] shall not exceed XXX Thousand XXX Hundred Dollars ($xxx,xxx.00). The funding allocations identified herein shall be available to the workforce region provided that a WDP Agreement and appropriate EAs have been fully executed. This NFA letter shall become Attachment E to the fully executed WDP Agreement for your workforce region. If you have any questions, please call Workforce Development Programs at (303) 318-8800. Sincerely, Kristin M. Corash Deputy Executive Director

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Fund Availability Summary

Workforce Region: NAME Funding Year starting 7/1/12 CMS# XXXX

Funding Source Vax # CFDA# CURRENT Allocation

Increase/ Decrease

REVISED or FINAL Allocation

PY12 WIA Adult 17.258 $0.00 $0.00

FY13 WIA Adult 17.258 $0.00 $0.00

PY12 WIA Youth 17.259 $0.00 $0.00

PY12 WIA Dislocated Worker 17.278 $0.00 $0.00

FY13 WIA Disclocated Worker 17.278 $0.00 $0.00

PY12 Wagner-Peyser 17.207 $0.00 $0.00

TOTAL

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Exhibit F

Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion-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 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.

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Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions

(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.

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Exhibit G CERTIFICATION REGARDING LOBBYING

(Certification for Contracts, Agreements, 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 Agreement, 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, Agreement, 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, Agreement, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions.

3 The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subcontracts, and contracts under Agreements, 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.

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Exhibit H DRUG-FREE WORKPLACE CERTIFICATIONS

Alternate I. (Contractors/The Local Workforce Regions Other Than Individuals) A. The The Local Workforce Region/contractor certifies that it will or will continue to provide a drug-free workplace by:

1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the The Local Workforce Region’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 to inform employees about-

a) The dangers of drug abuse in the workplace; b) The The Local Workforce Region’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 Agreement/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 Agreement/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 Agreement officer or other designee on whose Agreement/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 Agreement/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 The Local Workforce Region/contractor may insert in the space provided below the site(s) for the performance of work done in connection with this Agreement/contract: __________________________________________________________________________________________

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Exhibit I TOBACCO FREE CERTIFICATION

Public Law 103-227, the Pro-Children Act of 1994, requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by any entity and used routinely or regularly for the provision of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal Agreement, 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 Subcontractors (or Subcontractors ) shall certify and perform accordingly.

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Exhibit J

STANDARD ASSURANCES

By signing this Agreement, the The Local Workforce Region 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 The Local Workforce Region, I certify that the The Local Workforce Region: 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 sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits 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 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

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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), 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 Section 102(A) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) 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. 11. 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; (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. 1451 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. 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 Archaeological and Historic Preservation 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. 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 Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments and Non-Profit Organizations.” 18. Shall comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing these programs.

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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). As a condition to the award of financial assistance from the United States Department of Labor under Title I of WIA, the The Local Workforce Region assures that it shall comply fully with the nondiscrimination and equal opportunity provisions of the following laws: (1) Section 188 of the Workforce Investment Act of 1998 (WIA), 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 WIA 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 (5) Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The The Local Workforce Region also assures that it shall comply with 29 CFR Part 37 and all other regulations implementing the laws listed above. This assurance applies to the The Local Workforce Region’s operation of the WIA Title IB financially assisted program or activity, and to all agreements the The Local Workforce Region makes to carry out the WIA Title I financially assisted program or activity. The The Local Workforce Region understands that the United States has the right to seek judicial enforcement of this assurance.

CMS# xxxx Exhibit D

PY12 ADMINISTRATIVE REQUIREMENTS AND FUNDING PROVISIONS

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PART 1 - ADMINISTRATIVE REQUIREMENTS 1.1 General Administrative Requirements – Statement of Work In accordance with the Workforce Investment Act of 1998, (WIA) 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 WIA, are provided pursuant to a State-approved Local Plan (Local Plan), with services provided as part of a One-Stop delivery system established by the State. The Local Workforce Region is authorized by the State to provide workforce development programs for the Adult, Youth, Dislocated Worker, and Wagner Peyser formula allocated programs pursuant to the Local Plan, incorporated herein as Exhibit B, which has been approved by the State and to provide services and implement initiatives using WIA and/or Wagner Peyser discretionary grants, and/or other State- or Federally-funded discretionary grants pursuant to an approved Expenditure Authorization document (EA). The Local Workforce Region agrees to perform, in a professional manner, the obligations and responsibilities within this Agreement and as required for each Funding Source identified in this Exhibit D. For any changes to the Statement of Work, the objective of the Agreement, or dollar amount of funding, the Local Workforce Region shall submit to the State an EA to obtain approval prior to implementing any changes. All modifications to this Agreement and as requested through an EA shall be executed pursuant to §20.H of this Agreement. A. Duties and Obligations of the Local Workforce Region The Local Workforce Region shall:

i. Serve as fiscal agent and administrative entity for the workforce region’s One-Stop Workforce Center(s) and be fiscally responsible for the expenditure and use of all funds disbursed pursuant to this Agreement in accordance with all applicable laws, rules, regulations, and relevant Program Guidance Letters (PGLs) issued by the State;

ii. Coordinate and ensure the appointment of members of a Local Workforce Investment Board (LWIB) and a local Youth Council in accordance with state and federal laws and regulations;

iii. In conjunction with the LWIB, ensure that there is at least one local workforce center to be operated as the One-Stop Workforce Center for their workforce region;

iv. Obtain all required reviews and approvals for the Local Plan prior to its submission to the State; v. Ensure that the workforce region is in compliance with the terms and conditions of this

Agreement, an approved local plan, executed EAs, written state policies, and PGLs governing operation of the One-Stop Workforce Center(s), and all other applicable federal and state requirements;

vi. Meet additional performance standards set by the LWIB for the workforce region and develop and offer additional services to supplement those mandatory services required under the terms of this Agreement;

vii. Conform to policy guidelines set by the LWIB for the efficient and effective operation of the One-Stop Workforce Center(s), and permit performance monitoring of its daily activities by the LWIB to supplement and enhance state monitoring activities;

viii. Ensure that services are accessible to persons with disabilities and take into consideration factors such as location, availability of public transportation to and from center locations, appropriate methods of service delivery, etc.;

ix. Ensure that a full range of services is available for special populations such as youth, migrant and seasonal farm workers, veterans, persons with disabilities, older workers, limited English proficient workers, and minorities; and ensures that veterans priority of service is provided in the delivery of all Federal programs;

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x. Use best efforts to ensure the development and execution of a Memorandum of Understanding (MOU) between the LWIB and the One-Stop Partners concerning the delivery of required programs and activities referred to in §121(b) of the Workforce Investment Act and pursuant to the MOU requirements referred to in §121(c) of the WIA;

xi. Comply with the State's property management procedures and all relevant PGLs issued by the State. The Local Workforce Region ensures that it shall maintain proper inventory control over all nonexpendable supplies and property valued at $5,000 or greater, which were purchased with WIA funds;

xii. Assure that any personnel action taken in the case of any county employee 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, and specifically in Part 2, A.3.3(k). All such employees shall be provided with a meaningful review process including an opportunity for a hearing before an appropriate county agency in which to contest the action and a subsequent opportunity to appeal an adverse decision; and

xiii. Ensure that language assistance services are made available to individuals with English language barriers.

B. Funding

Funds appropriated for the Adult, Youth, Dislocated Worker, and Wagner Peyser formula allocated programs are provided pursuant to the approved Local Plan (Exhibit B), requiring that services be provided as part of a One-Stop delivery system established by the State. In addition to the funds provided for the basic activities identified in this Agreement, the State may provide additional funds to the Local Workforce Region for the purposes of amendments and modifications of allocated funds, performance incentives, services to groups with special needs, and other workforce development programs. Funds appropriated for WIA and/or Wagner Peyser programs, and/or other State- or Federally-funded discretionary grants shall be identified in a Notice of Fund Availability (NFA) letter (in a format or similar presented here in Exhibit E) and shall be provided to the Local Workforce Region pursuant to an approved EA.

C. Restrictions on Funding In conjunction with restrictions noted below, funds which are not expended by the Local Workforce Region within the period of performance identified in a State-issued NFA letter shall be returned to the State. Funds so returned may be reallocated by the State to the workforce region for use in the next program year(s) up through the Federal grant expiration date. These restrictions apply to all funding provided to the Local Workforce Region under this Agreement.

D. Discretionary Funds For discretionary funds awarded as a result of a Grant Application Process or other vendor selection process, the Local Workforce Region agrees to deliver services pursuant to the scope of work, performance measures, and program budget, outlined in the approved “Grant Application”. The Local Workforce Region agrees to adhere to any other specific requirements for the use of discretionary funds as identified in the "Grant Application", the vendor selection announcement, and/or any applicable PGLs.

E. Supplemental Federal and/or State Funding. In the event that the State is granted supplemental federal and/or state funding for the purpose of implementing additional workforce development programs and/or workforce development-related projects or in support of similar activities, and the Local Workforce Region 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. Workforce development-related programs, projects, and similar activities may include federally funded programs of other State departments or special federal discretionary grants received by the State (e.g. the Colorado Department of Human Services Temporary Aid to Needy Families (TANF) Program; the

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Disability Navigator Program Grant (DNP); Vocational Rehabilitation programs; the Trade Adjustment Act (TAA) Program; National Emergency Grants; Ex-Offender initiatives; Veterans Employment and Training Programs; and, Energy, Healthcare, or other Federal High-Growth Industries Initiatives, etc.). Funding may be provided in support of overhead, operating, and/or program costs related to these programs and/or other employment and training activities. The State shall issue an NFA letter, which includes specific funding provisions applicable to the specified funds, and the Local Workforce Region shall submit an EA request that includes a detailed work plan and financial budget for those funds. Any such funding provided by the State to the Local Workforce Region shall be accounted for and reported on pursuant to requirements of this Agreement. Performance outcomes and program reporting related to such funding shall comply with the provisions of this Agreement and any federal and state laws, rules, regulations, and policies, as applicable. The Local Workforce Region shall be responsible for maintaining compliance with any such applicable federal and state laws, rules, regulations, and policies for each supplemental funding source provided under this Agreement.

F. Notice of Fund Availability Prior to the disbursement of any funds, the State shall issue to the Local Workforce Region an NFA letter, incorporated herein as Exhibit E, providing the Local Workforce Region with the allocations from each funding source covered by this Agreement. The NFA shall provide the original allocations, any increases and/or decreases in funding, and a total amount of funds available from each funding source. Once the Local Workforce Region has received an NFA letter, an EA shall be submitted pursuant to the current EA PGL and pursuant to the provisions in §1.2A below.

1.2. PAYMENTS AND ADMINISTRATIVE STANDARDS AND PROCEDURES

A. Expenditure Authorization (EA) Procedures The following outlines the procedures to follow for executing an EA within the terms and conditions of this Agreement.

i. Prior to the expenditure of any funds, an EA shall be submitted to the State by the Local Workforce Region and approved by the State, pursuant to this Agreement and applicable PGLs. Each EA shall be fully completed and include a budget narrative, appropriate Budget Information Summary Tables (BISTs), and a signature page signed by the legal authorized signatory for the workforce region (i.e. the Chair of the Board of County Commissioners, the Chief Elected Official (CEO), the Mayor, or their designee), the Chair of the LWIB, the Workforce Center 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 Workforce Center Director and the Chair of the LWIB are required to sign the EA subject to the legal authorized signatory’s authorization. The State's Executive Director and the State Controller or designee must also sign these EA's.

ii. The Local Workforce Region shall comply with its own internal signature process. Should the Local Workforce Region’s internal signature process be more restrictive than this provision, the Local Workforce Region’s internal signature process shall prevail.

iii. 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. Upon proper execution and approval of the EA, the Local Workforce Region may begin work related to the EA request. In no way shall the period of performance under an EA exceed the term end date of this Agreement.

iv. The Local Workforce Region may receive reimbursements for expenditures pursuant to State laws and regulations and PGLs covering funds issued via NFA letters and pursuant to executed EA s. Once the EA has been fully executed, the Local Worforce Region may submit a Cash Request to

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the State to draw down funds using the Cash Request Form as identified by the State. Cash draw down requests shall be submitted to the State, at least monthly and may be submitted as frequently as weekly, pursuant to the procedures outlined in the EA PGL.

v. The Local Workforce Region may include the above EA provisions in its subcontracts. Upon approval by the State, the Local Workforce Region’s EA policy and procedures for its subcontractors, the State shall be deemed to be a third party beneficiary of such provisions. The Local Workforce Region shall be obligated to the State for the enforcement of such provisions.

B. Modification Procedures for an EA i. The Local Workforce Region may modify the EA and its budget in accordance with State policies

and procedures with the prior approval of both the LWIB and the State. ii. Each modifying EA is expressly made subject to approval by the State and the State Controller or

designee, and once executed, becomes an amendment to this Agreement. Upon proper execution and approval of the EA, the Local Workforce Region may begin work related to the EA request.

iii. If changes in labor market conditions, funding, or other factors require substantial deviation from the approved Local Plan, then the LWIB and appropriate legal authorized signatory, as defined in §117 of the WIA, shall submit a modification of the Local Plan including modification of the budget, which shall be subject to review in accordance with the WIA, §118.

C. Maintenance of Funds in Appropriate Financial Institutions The Local Workforce Region , and its subcontractors, if any, shall maintain all funds received but not yet earned in cash depositories which have Federal Deposit Insurance Corporation (FDIC) insurance coverage. If the Local Worforce Region and its subcontractors, if any, is a unit of state or local government, and their account balances exceed the FDIC maximum coverage on deposits at any one financial institution, then all funds in excess of that insurance coverage shall be collaterally secured in accordance with the Public Deposit Protection Act (PDPA) in C.R.S. §11-10.5-107(5). If the Local Workforce Region, and its subcontractors, if any, are not a unit of state or local government, then all funds in excess of the FDIC maximum insurance coverage must be moved to other FDIC financial institutions until funds in excess of the FDIC maximum insurance coverage no longer exist.

D. Maintenance of Integrity in the Expenditure of Public Funds The Local Workforce Region shall take every reasonable course of action to maintain the integrity of the

expenditure of public funds and to avoid any favoritism, conflict of interest, or other questionable or improper conduct. The Local Workforce Region 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 Workforce Region, its executive staff, and employees, shall avoid situations which give rise to a suggestion that any decision of the Local Workforce Region was influenced by prejudice, bias, special interest, or personal gain.

E. The Local Workforce Region Funds Notwithstanding any other provision herein, the terms of this Agreement do not require the expenditure of

any Local Workforce Region funds. The Local Workforce Region is only required to expend funds under this Agreement to the extent federal and state funds are provided to the Local Workforce Region by the State.

F. Performance Standards The Local Workforce Region , shall comply with all minimum performance criteria negotiated with the State. Upon request by the State, the Local Workforce Region shall provide such data as the State may request for purposes of evaluating the Local Workforce Region’s compliance with those minimum performance requirements. Each LWIB has the discretion to add additional local standards to the State's minimum performance standards so long as those local standards are not inconsistent with federal or state law, this Agreement, or written policies established by the State. The Local Workforce Region shall perform any necessary data collection and evaluation for such additional local standards.

G. Subcontracting

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The Local Workforce Region 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 approving the subcontractor. The Local Workforce Region may enter into subcontracts to carry out the work performed under this Agreement unless specifically stated otherwise in this Agreement.

H. Conduct of Financial Accounting If the State determines that the record keeping system of the Local Workforce Region does not comply with federal guidelines, then the State may conduct a financial accounting of the Local Workforce Region’s records, either through its staff, an accounting firm, or a bank approved by the State. All costs incurred by the State in conducting a financial accounting of the Local Workforce Region’s records shall be deducted on a monthly basis from other administrative funds allocated to the Local Workforce Region.

1.3 ADDITIONAL REPORTING PROCEDURES

Reports and analysis required under this section shall be in accordance with procedures and in such format as prescribed by the State.

A. Reporting Compliance The Local Workforce Region shall meet all applicable federal and state reporting requirements for each of the workforce development programs funded through this Agreement. The Local Workforce Region shall refer to the Subrecipient Financial Procedures PGL for specific financial procedures and instructions.

B. Expenditure Reports On a monthly basis, the Local Workforce Region shall report expenditures to the State using the Expense Report Form provided by the State. Each month’s reports are due to the State no later than the 25th of the month following. The State reserves the right to change the due date of this report to meet its State and/or federal reporting requirements.

C. Obligation Reports On a monthly basis, and in conjunction with the requirements of §1.3.B, above, “Expenditure Reports”, The Local Workforce Region shall report obligations to the State, using the Expense and Obligation Report form provided by the State, for each of the funds provided under this Agreement.

D. Leveraged Resources Reports On a quarterly basis, the Local Workforce Region shall report costs of leveraged resources to the State using the Stand-In Costs/Leveraged Resources Report Form provided by the State. Leveraged Resources Reports are required for any non-formula allocated Federal grant funds received under this Agreement. These reports are due no later than the 25th of the month following the end of each quarter.

E. Quarterly Reporting of Discretionary Grant or Set-Aside Projects: In accordance with §667.300 of the Federal Register, and/or as identified in applicable State PGLs, within thirty (30) days of the end of each quarter, the Local Workforce Region shall provide to the State a quarterly report summarizing the progress of any discretionary grant and/or set-aside projects currently in operation. At a minimum, the quarterly report shall include: 1) identified performance measures data; 2) identified planned goals and services specific to the grant project; 3) current and projected quarterly financial expenditures; 4) challenges met during the delivery of the grant project as it relates to the scope of work; 5) highlights of “best practices” applied in local workforce investment activities; 6) notable accomplishments of the grant project; and, 7) additional information that is specific to the individual grant project. The Local Workforce Region shall also provide any supplemental information as required by applicable PGLs.

F. Annual Report: In accordance with §136(d) of the WIA, within thirty (30) days of the end of each Program Year, or by a later date as determined by federal reporting requirements or as identified in applicable PGLs, the Local Workforce Region shall provide to the State an Annual Report summarizing the progress of the Local Workforce Region in achieving its performance measures and customer satisfaction goals.

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The Local Workforce Region shall provide, at minimum, 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 Workforce Region shall also provide any supplemental information as required by applicable PGLs.

E. Contract Close Out The Local Workforce Region shall follow applicable Contract Close-out Procedures identified in the

Subrecipient Financial Procedures PGL. For each funding source under this Agreement, and pursuant to a fully executed EA , the Local Workforce Region shall submit a final Expenditure Report and Cash Request to the State within sixty (60) days after each specific grant ending date.

1.4 DATA MANAGEMENT AND RECORD MAINTENANCE A. Data Access and Automation Requirements

The Local Workforce Region agrees to 1) maintain computer equipment to ensure connectivity with the One-Stop automation system; and 2) adhere to the requirements set forth in applicable PGLs issued by the State.

B. Retention of Applicant, Eligible Applicant, Participant, Terminee, Employee and Applicant for Employment Records

The Local Workforce Region and its subcontractors, if any, shall retain, for a minimum period of not less than three years from the close of the applicable program year, applicant, eligible applicant, participant, terminee, employee and applicant for employment records.

C. Participant Records Participant Records shall record any participant's involvement in Workforce Development Programs including, but not limited to, dates of entry, eligibility, participation, and termination. When required by specific Workforce Development Programs, the Local Workforce Region shall use a reference code, provided by the State, for the purpose of tracking program participants and fulfilling program reporting requirements.

D. Retention of Complaint Records The Local Workforce Region, and its subcontractor(s), if any, shall retain, for a minimum period of not less than three years from the date of resolution, all records regarding program complaints and all actions taken to resolve such complaints.

E. Automatic Extension of Retention Period If pending litigation, an audit, or a claim involving this Agreement or any subcontracts to this Agreement covered by the records maintenance provisions referred to above is initiated prior to the end of the above-referenced retention periods, then such retention periods automatically renew for an additional period of three years or until such litigation, audit, or claim is finally resolved.

1.5. ACKNOWLEDGEMENT FOR PRODUCTS DEVELOPED IN WHOLE OR IN PART WITH WIA

AND/OR WP FUNDS If applicable, the following needs to be identified on all products developed in whole or in part with WIA and/or WP funds: “This workforce solution was funded by a grant awarded by the United States Department of Labor’s

Employment and Training Administration. The solution was created by the the Local Workforce Region 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 solution is copyrighted by the institution that created it. Internal use by an

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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.”

1.6 Roles and Responsibilities of the State: The State shall: a. Establish planning guidelines, including "statement of work" requirements, and disseminate these items to a

workforce region along with the estimated annual budget allocation for the upcoming program year; b. Review the Local Plan submitted by the workforce region and which has first been submitted to the

Colorado Workforce Development Council (CWDC) for policy review. After the State's review of the Local Plan, the State shall simultaneously submit the Local Plan, with recommendations for approval or disapproval, to the governor and the CWDC for final approval.

c. Monitor workforce region activities on a quarterly basis for compliance with all applicable federal and state requirements, and evaluate the workforce region's performance of the following Wagner Peyser Performance Measures: 1. Entered Employment Rate; 2. Job Retention at six (6) Months; and 3. Six Months Earning Increase.

Document quarterly expenditure rates and performance measures in a quarterly monitoring report and submit the report to the Local Workforce Region. 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 Workforce Region. The State shall work with the Local Workforce Region to adjust performance measures, as needed, based on any Federal or State mandated legislative or policy changes that occur during the grant funding period, and the State shall monitor and evaluate any such adjustments made.

d. Provide program guidance and technical assistance to the workforce region for all programs provided

pursuant to this Agreement. 1.7 State Personnel.

The following provisions apply to the Veterans Employment Representatives (also known as Local Veterans' Employment Representatives (LVERs), Regional Veterans’ Employment Representatives (RVERs), and Disabled Veterans' Outreach Representatives (DVOP's)) who are State staff collocated in the Local Workforce Region’s workforce centers and operating the veterans’ workforce programs through the One Stop delivery system.

a. Moving Expenses of Affected State Employees. If the Local Workforce Region elects to move a State

employee to a new office location within the local workforce region, then it shall pay all allowable expenses identified in C.R.S. § 24-50-134, C.R.S., as amended. Costs for all moves or relocations of State employees shall be the responsibility of the Local Workforce Region initiating the move or relocation.

b. Functional Management of State Employees by the Local Workforce Region.

1. GENERAL. Except as otherwise provided in this Agreement, the Local Workforce Region may provide limited day-to-day functional operational supervision to state employees, including the setting of work hours and program responsibilities, with the exception of the roles and responsibilities of the Colorado Veterans Employment and Training Programs staff which are set in

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federal policy. In any event, the State retains authority over all actions which may affect the current base pay, status, or tenure of classified state employees. The State retains the sole discretion to determine which State employees shall occupy State positions throughout the State. Unless otherwise specified in writing by the State, all State employee positions shall be treated as nonexempt under the Fair Labor Standards Act.

2. PERFORMANCE EVALUATIONS. The State in conjunction with the Local Workforce Region will complete performance evaluations of State employees following the State's personnel laws and regulations, and according to both the criteria set by the State and, upon advanced written approval by the State, additional criteria set by the Local Workforce Region.

3. GRIEVANCES. The State shall fulfill the duties and responsibilities using the classified personnel system grievance process in the initial meeting. The State shall conduct appropriate investigation(s), conduct the initial meeting, and furnish suitable information to the Local Workforce Region supervisors and management. The State shall retain the responsibility for all actions on grievances after the initial meeting.

4. CORRECTIVE ACTIONS. The State in conjunction with the Local Workforce Region will

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 identified in paragraph 3 above.

5. DISCIPLINARY ACTIONS. The State retains the sole right to terminate, demote, and suspend its

employees for disciplinary reasons. the Local Workforce Region shall cooperate and provide information deemed necessary by the State in conjunction with proposed disciplinary actions.

6. POSTED NOTICES. The Local Workforce Region 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.

7. COOPERATION. The Local Workforce Region 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.

c. Reduction in Numbers of State Employees. In the event that State Veteran FTE vacancies occur in the

local workforce region, the State may transfer State employees, voluntarily or administratively, to fill such vacancies. The selection of personnel to fill such State Veteran FTE vacancies shall be at the sole discretion of the State.

d. Membership in Employee Organizations. Employees performing services under this Agreement shall have

the right of full freedom of association, self-organization, and designation of representatives of their own choice. Membership in an employee association or union cannot be required as a condition of employment under this Agreement. No employee may be coerced into joining or not joining any type of organization against the wishes of that employee. Additionally, no employee may be contacted by a representative of any employee organization during working hours for the purpose of soliciting membership to that employee organization. With the prior consent of an employee’s supervisor, which consent shall not be unreasonably withheld, representatives of an employee’s choice may confer with an employee at that employee’s job site during normal business hours concerning any matter incidental to that employee’s employment relationship with the State or. The conference shall be conducted so as to avoid interference with other employees in the work unit.

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PART 2 – FUNDING PROVISIONS The following requirements shall apply to all WIA funds provided to the Local Workforce Region pursuant to Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998, as well as to any other funding, as applicable, provided to the Local Workforce Region under this Agreement. 2.1 Program Guidance Letters: The Local Workforce Region agrees to adhere to the requirements of applicable PGLs in addition to the specifications outlined below for each funding source and Workforce Development Program. 2.2 Performance Measures: Pursuant to §136 of the WIA, the Local Workforce Region is accountable for the core indicators of performance outlined in the approved Local Plan. 2.3 Prohibition on Use of Funds: Pursuant to §181(d) and (e) of the WIA, funds provided under this

Agreement shall not be used, or proposed for use: a. To encourage or induce the relocation of a business establishment, or part thereof, that results in a loss of

employment for any employee of such establishment at the original location; b. For customized training, skill training, on-the-job training, or company specific assessments of job

applicants or employees, for any business establishment, or any part thereof, that has relocated, until one hundred twenty (120) calendar days after the date on which such establishment commences operations at the new location, if the relocation of such business establishment, or any part thereof, results in the loss of employment for any employee of such establishment at the original location;

c. For employment generating activities, economic development activities, investment in revolving loan funds, capitalization of businesses, investment in contract bidding resource centers, and similar activities; and

d. For foreign travel. 2.4 Grievance Procedures: The Local Workforce Region agrees to establish and maintain a procedure for grievances and complaints from participants and other interested parties affected by the local One-Stop delivery system according to the requirements of 20 CFR 667 Subpart F, Grievance Procedures, Complaints, and State Appeals Processes. Pursuant to Paragraph 2.1 above, the Local Workforce Region shall follow all applicable PGLs issued by the State concerning grievance procedures. 2.5 Veterans Priority Provisions of the "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 through this Agreement with federal funds, the Local Workforce Region shall adhere to federal laws and guidance related to veterans' priority of service. At minimum, the Local Workforce Region 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). 2.6 Use of e-Colorado.org. The Local Workforce Region shall make available e-colorado.org marketing materials provided by the State (e.g. brochures, flyers, e-colorado.org registration instructions, etc.) and encourage enrolled customers to register with e-colorado.org to expand their access to workforce development information, resources, and professional development tools, such as: tutoring services to enhance their learning process, self-

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evaluation tools, talent screening and self-assessment tools, and professional development tools (e.g., the ePortfolio package). The Local Workforce Region shall coordinate and provide training to staff in the use of e-colorado.org. The Local Workforce Region shall encourage staff to use the ePortfolio tool available on e-colorado.org and to help set up ePortfolios for WIA enrolled participants. PART 3 - PROGRAM REQUIREMENTS A. WAGNER-PEYSER (90%) - EMPLOYMENT SERVICES 3.1 Statutory Reference: Wagner-Peyser Act of 1933, as amended by Public Law 97-300 Job Training Partnership Act (JTPA), effective October 1, 1983; as amended by Public Law 105-220 Workforce Investment Act of 1998, effective August 7, 1998; and C.R.S. Title 8, Article 71, §§101 and 106. 3.2 Purpose of Funding: The purpose of Wagner-Peyser funds is to 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 access to on-line resources, pc-based software, 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. 3.3 Required Program Elements: a. The Local Workforce Region shall make available through the One-Stop delivery system all labor

exchange services identified above in Paragraph 3.2, Purpose of Funding. b. The Local Workforce Region 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: 1. Special disabled veterans

2. Disabled veterans other than special disabled veterans 3. All other veterans and eligible covered persons 4. Non-veterans

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 general public.

d. The Local Workforce Region shall not charge a fee for any Wagner-Peyser funded activity. e. The Local Workforce Region shall provide labor exchange services pursuant to the Wagner-Peyser Act

Section 7(a) List of Allowable Activities. The following activities are not allowable:

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1. Job seekers cannot be referred to a for-profit employment agency that will charge them a fee for job placement;

2. Job seekers cannot 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;

3. Job orders which are discriminatory or pay less than minimum wage shall not be accepted.

f. The Local Workforce Region shall register any Unemployment Insurance 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.

g. The Local Workforce Region 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.

h. The Local Workforce Region 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).

i. The Local Workforce Region shall use Wagner-Peyser funds to provide services to clients who are eligible under the Trade Adjustment Assistance (TAA) Program. Wagner-Peyser funded staff, which includes The Local Workforce Region regional TAA representative, (or WIA Dislocated Worker funded staff when the individual recipient is co-enrolled) is required to provide on-going core and intensive services to clients who are TAA-eligible or to clients who are enrolled in and receiving benefits and reemployment services through the TAA program.

j. In the Local Plan, the Local Workforce Region shall include projected performance levels for the following labor exchange performance measures:

1. Entered Employment Rate; 2. Job Retention at six (6) Months; and 3. Six Months Earning Increase.

The Local Workforce Region 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.

k. Merit Staffing Requirements. The Local Workforce Region 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.

3.4 Subcontracting: Wagner–Peyser Funded programs shall not be subcontracted out unless the programs are implemented under a Merit System as referenced above in 3.3.(k) and provided by another governmental system.

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B. WAGNER-PEYSER (10%) - DISCRETIONARY FUNDS 3.1 Statutory Reference: Wagner-Peyser Act of 1933, as amended by Public Law 97-300 Job Training Partnership Act (JTPA), effective October 1, 1983; as amended by Public Law 105-220 Workforce Investment Act of 1998, effective August 7, 1998; and C.R.S. Title 8, Article 71, §§101 and 106. 3.2 Purpose of Funding: Wagner-Peyser 10% Discretionary funds are awarded by the Governor for the following purposes and initiatives: a. Performance incentives for public employment service offices and programs; b. Services for groups with special needs; c. Services targeted at employers; d. Summer Job Hunt Program for Youth. The Governor's Summer Job Hunt Program provides funding for job

placement services and employment opportunities to youth seeking unsubsidized jobs for the summer. Services shall be provided to youth, ages 16 through 21, regardless of geographic boundaries, income, ethnicity, and special needs.

e. The extra costs of exemplary models for delivering basic labor exchange services; f. Developing linkages of services funded by Wagner-Peyser and related Federal and State legislation such as

the provision of labor exchange services at educational sites; g. To supplement the funding of the State’s Strategies to Enhance Colorado’s Talent through Regional

Solutions (SECTORS) Initiatives described in section G.3.3(e) below. SECTORS Initiatives are industry-specific, regional partnerships, which address employers’ needs for skilled workers and workers’ needs for good jobs. Funds are available to plan, develop, and implement exemplary programs, perform labor market analysis and research, and support business-driven employment services identified in the Local Workforce Region’s approved grant application; and

h. Other discretionary grants in support of labor exchange services and/or core services provided in the workforce region.

3.3 Required Program Elements: a. The Local Workforce Region shall make labor exchange services available pursuant to the stated purpose

of the 10% project for which they are receiving funds. b. For any participants who are veterans, the Local Workforce Region shall provide veterans with priority

employment and training services (as specified in Part II 2.5 above). c. For any participants who are migrant and seasonal farm workers (MSFWs), the Local Workforce Region

shall provide the full range of services available through the workforce region’s One-Stop delivery system. d. The Local Workforce Region shall not charge a fee for any Wagner-Peyser funded activity. e. The Local Workforce Region shall operate any WP 10% discretionary grant activities pursuant to the

provisions of the Wagner-Peyser Act as referenced in Part 3, A.3.3 above. The following activities are not allowable:

1. Job seekers shall not be referred to a for-profit employment agency that will charge them a fee for

job placement; 2. 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;

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3. Job orders which are discriminatory or pay less than minimum wage shall not be accepted. f. For any participants who are Unemployment Insurance claimants, the Local Workforce Region shall

register them 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.

g. The Local Workforce Region 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.

h. The Local Workforce Region 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). 3.4 Restrictions on Funding: Wagner-Peyser (10%) discretionary funds shall be used only for the stated purpose identified in an approved project proposal and/or for required program elements of a specific program as identified in these funding provisions and/or applicable PGLs. C. WIA TITLE I ADULT AND DISLOCATED WORKER

3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998.

3.2 Purpose of Funding: The purpose of the Adult and Dislocated Worker funds is to provide a continuum of services i.e. core services, intensive services, and training services, to adults 18 years of age and older and to dislocated workers eligible under the Workforce Investment Act (WIA) section 101(9).

3.3 Required Program Elements:

a. Pursuant to §134 (d)(2) of the WIA, “core services” are the minimum level of services that the Local

Workforce Region shall provide free of charge to all customers, both job-seekers and employers, seeking services through its One-Stop delivery system. At a minimum, core services provided by the Local Workforce Region shall include the following:

1. Eligibility determinations for programs delivered under WIA; 2. Outreach, intake, and orientation to workforce center information and services; 3. Initial assessment of skill levels, aptitudes, and supportive service needs; 4. Job search and placement assistance; career counseling, if needed; 5. Provision of employment statistics and information relating to local, regional, and national labor

market regions; 6. Provision of performance information and program cost information on eligible providers who are

delivering employment training services under the WIA; 7. Provision of information regarding local workforce region performance with regard to One-Stop

delivery system performance measures; 8. Provision of accurate information relating to the availability of supportive services, including child

care and transportation, available in the local workforce region, and referral to such services; 9. Provision of information regarding filing claims for unemployment insurance compensation; 10. Assistance in establishing eligibility for other employment and training financial aid (not funded

under the WIA) available in the local workforce region; and

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11. Follow-up services for those participants in workforce development activities who have received core services and who are placed in unsubsidized employment for not less than 12 months after the first day of the employment.

b. Pursuant to §134(d)(3) of the WIA, “intensive services” are provided to eligible participants only after at

least one core service has been provided and a determination of the need for intensive services has been established. Intensive services shall be provided through the One-Stop delivery system. Intensive services may include: 1. Comprehensive and specialized assessments of skill levels and service needs; 2. Development of an individual employment plan; 3. Group counseling; 4. Individual counseling and career planning; 5. Case management for participants seeking training services; 6. Short-term prevocational services to prepare individuals for unsubsidized employment or training.

c. Except as provided in §134(d)(4)(G) and pursuant to §134(d)(4) of the WIA, “training services” shall be

provided through eligible training providers to eligible participants via individual training accounts. Training services may include:

1. Occupational skills training, including training for nontraditional employment; 2. On-the-job training; 3. Programs that combine workplace training with related instruction, which may include cooperative

education programs; 4. Training programs operated by the private sector; 5. Skill upgrading and retraining; 6. Entrepreneurial training; 7. Job readiness training; 8. Adult education and literacy activities provided in combination with services described in items a-g

above; 9. Customized training conducted with a commitment by an employer or group of employers to

employ an individual upon successful completion of the training; 10. Incumbent worker training; and 11. Costs of books, materials, supplies and/or training-related supportive services required and/or

necessary to successfully complete a training program.

3.4 Restrictions on Funding: Pursuant to 20 CFR 667.107(b) for the Workforce Investment Act, funds allocated by the State to the Local Workforce Region under the WIA §§128(b) and 133(b), for any program year are available for expenditure only during that program year and the succeeding program year. Those funds which are not expended by the Local Workforce Region in the two-year period shall be returned to the State. Funds so returned may be redistributed by the State for other statewide projects or to other workforce regions that have fully expended their allocation of funds for the same program year within the two-year period. D. WIA TITLE I YOUTH 3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998. 3.2 Purpose of Funding: The purposes of Title I Youth Funds are to provide to eligible youth the following:

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a. Assistance in achieving academic and employment success by providing effective and comprehensive

activities which will improve educational and skill competencies and enhance connections to employers; b. On-going mentoring opportunities for eligible youth with adults committed to providing such opportunities; c. Training services, support services, and incentives for recognition and achievement d. Opportunities to participate in activities related to leadership development, decision-making, citizenship,

and community service. 3.3 Program Design Requirements: Pursuant to §129(c) of the WIA, programs and services provided by Title I Youth Funds shall include: a. Objective assessment of the academic skill levels and service needs of each participant; b. Development of service strategies for each participant that shall identify an employment goal, appropriate

achievement objectives, and appropriate services for the participant; and c. Provision of: 1. Preparation for postsecondary educational opportunities in appropriate cases; 2. Strong linkages between academic and occupational learning; 3. Preparation for unsubsidized employment opportunities, in appropriate cases; and

4. Effective connections to intermediaries with strong links to the job market and local and regional employers.

3.4 Required Program Elements: Pursuant to §129(c) of the WIA, programs and services provided by Title I Youth Funds shall include the following elements: a. Tutoring, study skills training, and instruction, leading to completion of secondary school, including

dropout prevention strategies; b. Alternative secondary school services, as appropriate; c. Summer employment opportunities that are directly linked to academic and occupational learning; d. As appropriate, paid and unpaid work experiences, including internships and job shadowing; e. Occupational skill training, as appropriate; f. Leadership development opportunities, which may include community service and peer-centered activities

encouraging responsibility and other positive social behaviors during non-school hours, as appropriate; g. Supportive services; h. Adult mentoring for the period of participation and a subsequent period, for a total of not less than 12

months; i. Follow-up services for not less than 12 months after the completion of participation, as appropriate; and j. Comprehensive guidance and counseling, which may include drug and alcohol abuse counseling and

referral, as appropriate.

3.5 Information and Referrals: The Local Workforce Region shall provide to each participant or applicant who meets the minimum income criteria to be considered an eligible youth the following:

a. Information on the full array of applicable or appropriate services that are available through the local workforce investment board or other eligible providers or One-Stop partners, including those receiving funds under Title I of WIA; and

b. Referral to appropriate training and educational programs that have the capacity to serve the participant or applicant either on a sequential or concurrent basis.

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An eligible applicant who does not meet the enrollment requirements of a particular program or who cannot be served shall be referred for further assessment, as necessary, and referred to appropriate programs, in accordance items a. and b. above, to meet the basic skills and training needs of the applicant. 3.6 Prohibition of Use of Title I Youth Funds: No funds provided pursuant to §§126 through 129 and §134(a) shall be used to develop or implement education curricula for school systems in Colorado. None of the Title I Youth funds provided herein shall be used to provide funding for the School-to-Work program. 3.7 Restrictions on Funding: Pursuant to 20 CFR 667.107(b) for the Workforce Investment Act, funds allocated by the State to the Local Workforce Region under the WIA §§128(b) and 133(b), for any program year are available for expenditure only during that program year and the succeeding program year. Funds which are not expended by the Local Workforce Region in the two-year period shall be returned to the State. Funds so returned may be redistributed by the State for other statewide projects or to other workforce regions that have fully expended their allocation of funds for the same program year within the two-year period. E. WIA TITLE I (25%) Enhanced Dislocated Worker/Rapid Response

3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998; Workforce Investment Act of 1998, §§132 through 134.

3.2 Purpose of Funding: WIA 25% Enhanced Dislocated Worker/Rapid Response funds are formula allocated to the Local Workforce Region pursuant to the WIA §132, to provide enhanced services to dislocated workers or to provide rapid response activities in the local workforce region. These funds are allocated to the Local Workforce Region to address local needs and program preferences for dislocated workers pursuant to the WIA §§133 and 134. 3.3 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 §C.3.3 above. b. Rapid Response Activities shall include:

1. 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;

2. The provision of information and access to unemployment insurance compensation benefits and

comprehensive One-Stop delivery system services; 3. The provision of financial assistance and guidance to establish a labor-management committee to

oversee the layoff and reemployment process; 4. The provision of emergency assistance adapted to the needs of the particular layoff; 5. 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.

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3.4 Restrictions on Funding: Pursuant to 20 CFR 667.107(b) of the Workforce Investment Act, funds allocated by the State to the Local Workforce Region under the WIA §§128(b) and 133(b) for any program year are available for expenditure only during that program year and the succeeding program year. Funds which are not expended by the Local Workforce Region in the two-year period shall be returned to the State. Funds so returned may be redistributed by the State for other statewide projects or to other workforce regions that have fully expended their allocation of funds for the same program year within the two-year period. The Local Workforce Region shall 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. For funds budgeted for Rapid Response Activities, no administrative expenses are allowed. F. WIA Title I (25%) Discretionary Grants - Statewide Innovative Projects 3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998; Workforce Investment Act of 1998, §§132 through 134.

3.2 Purpose of Funding: Pursuant to the Workforce Investment Act of 1998 §134, the Governor may reserve up to 25% of the Dislocated Worker funds for discretionary projects. These 25% Discretionary funds are provided to the Local Workforce Region based on an approved grant application addressing the needs of employers or targeted populations. a. Employer Services Projects. Layoff aversion/incumbent worker projects target specific employers or industries that are experiencing a decline and have the potential to undergo layoffs, or are experiencing a serious skills gap that impacts their ability to compete and retain workers. These projects may include the following allowable activities:

1. Incumbent worker skills assessment and testing 2. Incumbent worker skills upgrade training, on-the-job training, or customized training to help

prevent layoffs 3. Linkages with economic development entities to facilitate identification of business sectors needing

layoff aversion services and to develop coordinated intervention strategies 4. Pre-feasibility studies used to help businesses determine ways to avoid closure, qualify for loans, or

access technical assistance that will avoid closure or layoffs 5. Direct linkages with federal and local organizations that provide technical assistance, loans, and

grants to businesses to avoid layoffs and closures b. Targeted Populations Projects. These projects provide customized services to targeted populations, including but not limited to, older workers, those with limited English proficiency, the disabled, offenders, and those seeking non-traditional training. Targeted Populations Project activities may include any allowable WIA core, intensive, and training services. 3.3 Required Program Elements: Participants shall meet the applicable eligibility category for the specific project. Participants in Layoff Aversion/Incumbent Worker projects shall meet the following United States Department of Labor definition:

INCUMBENT WORKERS - are currently-employed workers whose employers have determined that the workers require training in order to help keep their firms competitive and the subject workers employed, avert layoffs, upgrade workers’ skills, increase wages earned by employees and/or keep workers’ skills competitive. Such training would support further job retention and career development for improved

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economic self-sufficiency for employed workers, especially those most vulnerable to job loss, and increase the capability of the employing firm(s) to access and retain skilled workers.

Participants in Targeted Populations Projects shall meet the eligibility requirements of the WIA Dislocated Worker Program described in Part III, Section C. above. 3.4 Restrictions on Funding: a. When these Discretionary Grants are awarded through a competitive process, administrative expenses are

not allowed. If these funds are allocated under the WIA dislocated worker formula, 10% of the grant amount may be used for administrative expenses.

b. Matching Funds. These Discretionary Projects require a 25% match of the grant amount. This match may

be either cash or in-kind (e.g. staff time, office space, phones, supplies, etc.), and shall come from participating employers, partner agencies, or non-allocated grant funding available to the workforce region. If the Local Workforce Region receives funding for Employer Services Projects, the match shall consist of at least half non-federal resources. If the Local Workforce Region receives funding for Targeted Populations Projects, the match shall consist of at least half from partners that are not among those required by WIA. If the Local Workforce Region has received a grant that combines services to both Employers and Targeted Populations, then at least half the match shall come from non-federal and/or non-WIA-required partners.

G. WIA TITLE I (10%) STATEWIDE ACTIVITIES 3.1 Statutory Reference: Workforce Investment Act of 1998, §§128 through 136 3.2 Purpose of Funding: Pursuant to the Workforce Investment Act of 1998, §§128, 129, and 134, the Governor of a State shall reserve not more than fifteen per cent (15%) of each of the amounts allotted to the State under the WIA §§127 and 132 for a fiscal year for statewide workforce investment activities. These funds may be used to carry out statewide youth activities or statewide employment and training activities for adults and/or dislocated workers, pursuant to §§129 and 134. 3.3 Required Program Elements. a. Youth Discretionary Grants. Pursuant to the Workforce Investment Act of 1998, §§129 and 134, these funds are set aside for Statewide Youth Activities, providing a variety of options for improving educational and skill competencies and effective connections to employers. Statewide Youth Activities for eligible youth may include the following:

1. On-going mentoring opportunities with adults committed to providing such opportunities; 2. Employment training; 3. Support services (e.g. development of youth services website; career fairs; liaisons with employers,

etc.); 4. Incentives for recognition and achievement to eligible youth; and 5. Activities related to leadership development, decision-making, citizenship, and community service.

b. Adult Discretionary Grants. These funds are provided for allowable employment and training activities pursuant to WIA §134(a)(3).

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c. Performance Incentive Grants. The funds are provided to the Local Workforce Region, pursuant to 20 CFR Part 666, for regional cooperation among local boards, for local coordination of activities, and for exemplary performance on the local performance measures, pursuant to WIA §136. Performance Incentive funds shall be used for any activities allowed under the Workforce Investment Act Title I, Subtitle B, "Statewide and Local Workforce investment Systems". d. Miscellaneous Statewide Activities Grants. These funds are set aside for employment and training activities for dislocated workers and/or activities that enhance workforce development Statewide. Funds shall be used for allowable employment and training activities pursuant to WIA §134(a)(3) and pursuant to an approved grant application. e. Strategies to Enhance Colorado’s Talent through Regional Solutions (SECTORS) Initiatives. These funds are set aside to support SECTORS Initiatives selected pursuant to a Solicitation for Grant Applications (SGA) and awarded to the Local Workforce Region. SECTORS Initiatives are industry-specific, regional partnerships that address employers’ needs for skilled workers and workers’ needs for good jobs. Funds are available to plan, develop, and implement exemplary programs, perform labor market analysis and research, and support demonstration efforts in providing business-driven employment and training services delineated in an approved grant application. The Local Workforce Region shall use these funds pursuant to WIA §134(a)(3). 3.4 Restrictions on Funding: Workforce Investment Act (10%) discretionary funds shall be used only for the stated purpose identified in an approved grant application and/or for required program elements of a specific grant as identified in these funding provisions. Pursuant to WIA §§126 through 129 and §134(a), no WIA (10%) Statewide Activities funds shall be used to develop or implement education curricula for school systems in the State of Colorado. H. VETERANS EMPLOYMENT REPRESENTATIVES 3.1 Statutory Reference: PL 107-288 Jobs for Veterans Act of 2002; Title 38, United States Code, Chapter 41; 20 CFR 1001.120, and 20 CFR 1010. 3.2 Purpose of Funding: The Veteran Employment Representatives 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, intensive services through case management, job search assistance and referral to training. Veteran Employment Representatives, also known as Local Veterans' Employment Representatives (LVERs), Regional Veterans’ Employment Representatives (RVERs), and Disabled Veterans' Outreach Representatives (DVOP's), are State employees collocated in the Local Workforce Region’s workforce center(s), delivering these services to veterans and other covered persons.

These funds are provided as a contribution toward operating costs associated with the number of Veteran Employment Representatives that are collocated in the Local Workforce Region’s workforce center(s). 3.3 Required Program Elements. The provision of funding to the Local Workforce Region for operating costs associated with the number of state Veteran Employment Representatives collocated in the Local Workforce Region’s workforce center(s) is subject to the receipt of the Local Workforce Region’s operating budget verified and signed off by the Local Workforce Region’s financial manager. The Local Workforce Region shall submit such verified operating budget within thirty (30) days of request by the State Veterans' Coordinator in order to receive Federal Fiscal Year funding beginning October 1.

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I. VETERANS WORKFORCE INVESTMENT PROGRAM (VWIP) 3.1 Statutory Reference: The Veterans Workforce Investment Program (VWIP) is funded by the United States Department of Labor, Veterans' Employment and Training Service, utilizing appropriations from 20 CFR part 667 –Administrative provisions for programs, including VWIP, under Title I of WIA. 3.2 Purpose of Funding: The purpose of the Federal VWIP grant is to provide training services that assist eligible veterans with reintegration into meaningful employment within the labor force and to address the veterans' complex employment needs. 3.3 Program Requirements: The Local Workforce Region shall work collaboratively with the State's Veteran Employment Representatives operating within the Local Workforce Region’s workforce center(s) to coordinate the payment of training costs for training providers who are serving eligible participants. The State Veteran Employment Representatives shall be responsible for day to day operations of the VWIP program, carrying out all eligibility determinations, recruiting participants, enrolling participants in qualified training programs, entering and tracking data in the MIS system, providing case management, as necessary, and communicating information to the Local Workforce Region so that the Local Workforce Region shall have sufficient information to procure training services, process invoices, and make payments as necessary. J. MIGRANT SEASONAL FARM WORKER PROGRAM 3.1 Statutory Reference: Wagner-Peyser Act of 1933, as amended by 20 CFR parts 651, 653, and 658, effective January 25, 1977, governing employment services to migrant and seasonal farm workers by the federal-state public Job Service System. The Local Workforce Region shall provide services to Migrant Seasonal Farm Workers (MSFWs) pursuant to the Employment Service regulations located at 20 CFR 251 through 258. If the Local Workforce Region’s employment service area is designated as a "Significant MSFW Local Office" pursuant to the definitions in 20 CFR 651.10 (also see Exhibit A of this Agreement), the Local Workforce Region is required to provide additional outreach services to MSFWs. Pursuant to 20 CFR 653.107 Outreach, Significant Migrant Seasonal Farm Worker local workforce centers 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 workforce center. The Local Workforce Region, 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. K. TRADE ADJUSTMENT ASSISTANCE (TAA) 3.1 Statutory Reference: Trade Act of 1974 (Public Law 93-618); Trade Act of 2002 (Public Law 107-210); and Trade Adjustment Act, Chapter 2 of Title II of the Trade Act of 1974 (19 U.S.C. 2295 et seq.), §235A, as amended, by the Trade and Globalization Adjustment Assistance Act of 2009, February 17, 2009 and the Trade Adjustment Assistance Extension Act of 2011 (Pub. L. 112-40).

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3.2 Purpose of Funding: Pursuant to §235A of the Trade Act of 1974, as amended, TAA funds are provided to the Local Workforce Region to provide reemployment and case management services for TAA eligible participants. 3.3 Required Program Elements:

a. After eligibility of participants has been determined by the State, the Local Workforce Region shall register the participants into the Connecting Colorado database and enroll them into the TAA Program.

b. The Local Workforce Region shall be responsible for serving TAA eligible participants through the One-

Stop delivery system and shall work in coordination with the State’s TAA Program staff to deliver services as approved by the State for each participant.

c. The Local Workforce Region shall provide reemployment and case management services to TAA eligible

participants to support their receiving reemployment trade adjustment assistance under §246 of the Trade Act.

Case management services shall include: (1) performing comprehensive and specialized assessments of

enrollees' skill levels and needs; (2) developing individual employment plans for each impacted worker; and (3) providing enrollees with the following:

Information on available training and how to apply for such training, Information on how to apply for financial aid, Information on how to apply for such training, Short-term pre-vocational services, Individual career counseling, Employment statistics information, and Information on the availability of supportive services.

3.4 Restrictions on Funding: Funds shall only be used to cover personnel and benefits costs related to the provision of case management and reemployment services and shall not be used to cover administrative costs and/or employment and case management operating expenses. L. H-1B Technical Skills Training Grant 3.1 Statutory Reference: Workforce Investment Act of 1998, Title I, 20 CFR Part 652 et al., effective August 7, 1998. 3.2 Purpose of Funding: These funds are provided to implement the “Strategies to Advance Colorado’s Highly Skilled Workforce: H-1B Technical Skills Training Grant”. The purpose of this grant is to upgrade and advance the skills education of incumbent workers and long-term unemployed with a focus on the targeted industries of Information Technology, Advanced Manufacturing, and Science, Technology, Engineering, and Math (STEM) Professional, Scientific, and Technical Services, including Aerospace.

3.3 Required Program Elements:

a. A Local Administration budget shall be provided to support the administration of the Local Workforce Region’s program activities identified in the Statement of Work of an executed Expenditure Authorization document.

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b. A wide range of training strategies, including classroom occupational training; contextualized learning; distance learning; and customized training, including incumbent worker training shall be made available to participants. c. The Local Workforce Region shall provide the following services that support the direct education and training of eligible participants, such as:

Recruitment, screening and referring qualified candidates, and outreach for employers and participants Education/career assessments leading to Colorado CareerReady certificates Case management, career guidance, and supportive services for the long-term unemployed Job search activities including development of on-line “career” portfolios, and conducting job

development and job placement activities for the unemployed Employment related workshops to unemployed participants, such as those for resume development and

successful interviewing Follow-up services for participants including workplace counseling as needed Scholarships/customized training contracts for the technical skills training/work experiences for the

long-term unemployed Coordination with businesses and education/training providers to identify training needs and enroll

participants into training d. The Local Workforce Region may also provide the following, as needed:

Supportive services that enable individuals to participate in grant activities (up to 10% of grant funds maybe be spent on supportive services).

Wages of participants in paid work experience and paid internships. Equipment that is reasonable and necessary to achieve grant outcomes. While grant funds may be used to

purchase equipment that is used for education and training activities provided through the proposed project, Local Workforce Regions are strongly encouraged to use leveraged resources to support these costs to maximize the use of their grant funds for program specific activities.

e. Other services in support of the goals and outcomes of the grant, such as:

Providing Labor Market Information about high-demand occupations in the targeted industry sectors Providing access to computer banks and phone services and assisting participants in registering in

Connecting Colorado, as needed, to receive job leads Entering participant information into Connecting Colorado for reporting purposes Establishing cross-regional agreements with other workforce regions to effectively serve multi-regional

employers, as needed Leveraging WIA and other federal resources to enhance service delivery to participants Coordinating services with any existing Sectors Initiatives operating in the workforce region or in

collaboration with other workforce regions f. The Local Workforce Region’s Business Services Unit and other workforce center staff shall coordinate services with employers committed to interviewing and hiring participants upon completion of training. Local Workforce Region staff shall integrate processes for determining eligibility and referrals for training into its service delivery strategy in support of the outcomes of this Grant. g. Occupations of Focus: The Local Workforce Region shall identify the industries and occupations that will be targeted and shall describe these in the Statement of Work section of an executed EA. The following are examples of possible Targeted High-Growth Industries & Occupations from the H-1B list:

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Information Technology (NAICS: 51) Computer/Information Systems Managers; Computer and Information Scientists, Research; Computer

Programmers; Computer Programmers, non R&D; Computer Software Engineers; Applications, Computer Software Engineers, Systems Software; Computer Systems Analysts; Network & Computer Systems Administrators (incl. Computer Security Specialists); Database Administrators; Computer Specialists, All Other (includes web developers and administrators); Network Systems & Data; Communications Analysts; Computer Support Specialists; Computer Hardware Engineers.

STEM – Professional, Scientific, and Technical Services (NAICS: 54) Engineering Managers; Mechanical Engineers; Electrical Engineers; Electronics Engineers; Except

Computer; Chemical Engineers; Engineers, All Other; Biomedical Engineers; Materials Engineers; Engineers, all other; Physicists; Atmospheric and Space Scientists.

Advanced Manufacturing (NAICS: 31-33) General & Operations Managers; Industrial Production Managers, Quality Control; Industrial

Engineers; Logisticians; Commercial & Industrial Designers. h. Training Strategies for Incumbent Workers: Industry-identified skill upgrade training shall be provided through classroom training and customized training strategies, both on-site, at local training institutions, and through online and distance learning. These training options shall be short-term certificate programs in most cases, but in limited instances may involve longer term degree completion coursework. Training activities that lead to an industry-recognized certification, credential or degree are required. i. Training Strategies for Long-Term Unemployed: Training options shall include both classroom and online industry-identified, skill upgrade customized training courses leading to certificates, plus longer term degree completion programs. In addition, paid work experiences may be offered to participants who would benefit from on-the-job exposure to updated industry technology. Training activities that lead to an industry-recognized certification, credential or degree are required. j. The Local Workforce Region shall participate in coordination meetings with CDLE staff and other stakeholders, as needed, to ensure successful outcome of this grant and the overall initiative.

3.4 Participants to be Served: Priority of service shall be given to veterans, particularly minority and disabled veterans currently employed in the targeted industries and occupations identified in 3.g above, as well as transitioning veterans and National Guard members meeting the long term unemployed criteria. Additional emphasis will be placed on women and minorities pursuing information technology and engineering careers, who are currently underrepresented in these occupations. Out of the total participants, Local Workforce Region shall serve incumbent workers (70%) and unemployed and long-term unemployed individuals (30%). Local Workforce Region shall comply with eligibility requirements identified in the H-1B Technical Skills Training Grant PGL and as referenced in the H-1B Operations Manual.

3.5 Matching Funds. Each Local Workforce Region is required to report matching funds to equal 55% of the grant amount used for incumbent worker training activities. The 55% matching funds may be provided as cash or in-kind, except that half of the total matching funds shall be cash match. Any cash or in-kind resources beyond the 55% required match shall be identified as leveraged resources. Local Workforce Region shall follow the Federal administrative requirements related to cost sharing or match found at 29 CFR 95.23 or 29 CFR 97.25, and shall track matching funds in the Local Workforce Region’s “Match Vax Expense Report” account.

3.6 Restrictions on Funding: The funds shall be used only for the stated purpose identified in this NFA letter, these funding provisions, PGLs and Operations Manuals issued by the State, and/or other Federal and State guidance for these funds.. Funds shall not be used for:

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On the Job Training Contracts (OJTs) General economic development projects, including revolving loan accounts, do not meet the H-1B

requirements for training and development of job opportunities in high-growth industries and occupations. Examples of general economic development that may not meet this standard include but are not limited to infrastructure investments in businesses, increases in inventory, participation in trade shows, new or additional equipment used for purposes other than training activities, capital asset purchases, and other costs not specifically related to increases in actual job opportunities.

For commercial organizations, the earning of profit is not an allowable cost item. For governmental, non-profit, and public or non-profit educational institutions, earnings above actual costs incurred are to be treated as program income. Any program income earned must be used for program purposes.

Hearing Date Requested:__3/26/12 __________

C 3 Date Submitted:__3/19/12_______________

From:__Kathy Crane _Extension:___X1860___

Presenter:____Kathy Crane, Administration__ Agenda Category:

Consent:_x__Consideration:____Briefing:____

TO: MESA COUNTY COMMISSIONERS

TITLE OF ITEM: Reappointment to the Collbran Cemetery Board. RECOMMENDED BOARD ACTION: Move to reappoint Lester Wheeler to the Collbran Cemetery Board with a term expiring March 1, 2017. JUSTIFICATION/BACKGROUND: Lester Wheeler is seeking reappointment. The Cemetery Board’s function is generally to acquire, hold, and convey real and personal property for cemetery purposes; to sell burial plots in the cemetery property; to determine annually the amount of tax to be levied upon the taxable property of the district. Candidates must be residents of the Collbran Cemetery District. s:\drft-agn\items\cem.collbran.2012.docx

Fiscal Impact: This item is budgeted in the following account code: ________ ________________ ________________ County $__________________ Federal: $____________________ State: $____________________ Other: $____________________ Review: Administration___B. Linn___________________Date___3/19/12________County Attorney_____N/A____________ Date_____________ Risk__________N/A______________________Date_______________________Finance_______N/A________________Date____________

AGENDA ITEM SHEET

Hearing Date Requested:__3/26/12_________

C 4 Date Submitted:__3/19/12_______________




TO: MESA COUNTY COMMISSIONERS TITLE OF ITEM: Appointment to the Mesa – Molina Cemetery District Board RECOMMENDED BOARD ACTION: Move to appoint Charles Nichols III to the Mesa – Molina Cemetery District Board with a term expiring 3/1/2017. JUSTIFICATION/BACKGROUND: George Bevan recently resigned from this board and Charles Nichols is seeking appointment. Terms are for five years. This is a three member board whose function is to generally acquire, hold, and convey real and personal property for cemetery purposes; sell burial plots in the cemetery property; and determine annually the amount of tax to be levied upon taxable property of said district. Candidates must be residents of the Mesa-Molina Cemetery District.

s:\drft-agn\items\cem.mesa.molina..docx

Fiscal Impact: This item is budgeted in the following account code: ________ ________________ ________________ County $__________________ Federal: $____________________ State: $____________________ Other: $____________________ Review: Administration___B. Linn___________Date__3/19/12_______ County Attorney__N/A____________________ Date_____________ Risk____N/A_________________________Date________ Finance _______N/A____________________Date____________

AGENDA ITEM SHEET

Hearing Date Requested:__3/26/12_________

C 5 Date Submitted:__3/19/12_______________




TO: MESA COUNTY COMMISSIONERS TITLE OF ITEM: Reappointment to the Elmwood Cemetery Board RECOMMENDED BOARD ACTION: Move to reappoint Elaine Mason to the Elmwood Cemetery Board with a term expiring 3/1/2017. JUSTIFICATION/BACKGROUND: Elaine Mason is seeking reappointment to this board. Terms are for five years. This is a three member board whose function is to generally acquire, hold, and convey real and personal property for cemetery purposes; sell burial plots in the cemetery property; and determine annually the amount of tax to be levied upon taxable property of said district. Candidates must be residents of the Elmwood Cemetery District in the Fruita area. s:\drft-agn\items\elmwood.cem.2012..docx

Fiscal Impact: This item is budgeted in the following account code: ________ ________________ ________________ County $__________________ Federal: $____________________ State: $____________________ Other: $____________________ Review: Administration___B. Linn_______________Date__3/19/12_______ County Attorney____N/A_________________ Date_____________ Risk____N/A__________________________Date________ Finance ________N/A____________________Date____________

AGENDA ITEM SHEET

Page 1 of 2

DECEMBER 5, 2011 CALL TO ORDER At 9:05 a.m., Chair Janet Rowland called to order a regular Administration meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioner Steven Acquafresca; Chantal Unfug, County Administrator; Angela Luedtke, Assistant County Attorney; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.) Chair Rowland placed on the record that Commissioner Meis was excused from the hearing today; he is out of the office for the week.

ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING AND CONVENE AS

MESA COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT BOARD APPROVAL OF MINUTES OCTOBER 13, 2011 STEVEN ACQUAFRESCA MOVED, JANET ROWLAND SECONDED, AND MOTION CARRIED THAT THIS BOARD APPROVE THE OCTOBER 13, 2011, MEETING MINUTES.

CONSENT AGENDA 1) APPROVE A SEWER SERVICE AGREEMENT BETWEEN MESA COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT AND CLIFTON SANITATION DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. Discussion on Consent Agenda Item: There was no discussion on this item.

STEVEN ACQUAFRESCA MOVED, JANET ROWLAND SECONDED, AND MOTION CARRIED THAT THIS BOARD APPROVE A SEWER SERVICE AGREEMENT BETWEEN MESA COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT AND CLIFTON SANITATION DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. (Agreement on file at the Mesa County Clerk’s Office; Contract and Agreement File No. WWA 2011-003.)

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ADJOURN With no further business to come before the Board, Chair Rowland adjourned the meeting at 9:45 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Janet Rowland, Ex-Officio Clerk to the Board Ex-Officio Chair

(Verbatim digital files of the Commissioners’ Proceedings of December 5, 2011, are on file in the Mesa County Clerk’s

Office.)

Page 1 of 2

DECEMBER 12, 2011 CALL TO ORDER At 9:05 a.m., Chair Janet Rowland called to order a regular Administration meeting of the Board of Mesa County Commissioners at the Mesa County Courthouse, Commissioners Public Hearing Room, 544 Rood Avenue, Grand Junction, Colorado. Those present included Commissioners Steven Acquafresca and Craig Meis; Chantal Unfug, County Administrator; Angela Luedtke, Assistant County Attorney; and Roberta Raley, Clerk to the Board. (Minutes transcribed by Roberta Raley, Clerk to the Board.)

ADJOURN BOARD OF COUNTY COMMISSIONERS HEARING AND CONVENE AS

MESA COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT BOARD

INDIVIDUAL CONSIDERATION ADOPT A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR THE MESA COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT AND ADOPT A BUDGET FOR THE FUND FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY 2012, AND ENDING ON THE LAST DAY OF DECEMBER 2012, AND AUTHORIZE THE CHAIR TO SIGN. Presenter: Eleanor Thomas, Budget Manager Eleanor Thomas reviewed the resolution for adopting the budget; revenues $46,833, expenditures $187,317, and a projected ending fund balance $1,327,090. CRAIG J. MEIS MOVED, STEVEN ACQUAFRESCA SECONDED, AND MOTION UNANIMOUSLY CARRIED TO ADOPT THE RESOLUTION AS READ INTO THE RECORD BY THE CHAIR. (Resolution on file at the Mesa County Clerk’s Office; Resolution File No. WWR 2011-003.) ADOPT A RESOLUTION APPROPRIATING SUMS OF MONEY TO THE MESA COUNTY WHITEWATER PUBLIC IMPROVEMENT DISTRICT IN THE AMOUNTS SET FORTH FOR THE FUND, IN THE COUNTY OF MESA, COLORADO, FOR THE 2012 BUDGET YEAR AND AUTHORIZE THE CHAIR TO SIGN. Presenter: Eleanor Thomas, Budget Manager Eleanor Thomas reviewed the resolution appropriating $187,317. STEVEN ACQUAFRESCA MOVED, CRAIG J. MEIS SECONDED, AND MOTION UNANIMOUSLY CARRIED THAT THIS BOARD ADOPT A RESOLUTION APPROPRIATING SUMS OF MONEY AS READ INTO THE RECORD BY THE CHAIR. (Resolution on file at the Mesa County Clerk’s Office; Resolution File No. WWR 2011-004.)

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ADJOURN With no further business to come before the Board, Chair Rowland adjourned the meeting at 10:25 a.m. Sheila Reiner, Mesa County Clerk and Recorder Roberta Raley, Janet Rowland, Ex-Officio Clerk to the Board Ex-Officio Chair

(Verbatim digital files of the Commissioners’ Proceedings of December 12, 2011, are on file in the Mesa County Clerk’s

Office.)