TEGL_26_11_Change1_Att3.pdf

ETA Advisory File Text

1 ATTACHMENT C PROGRAMMATIC ASSURANCES PROGRAM YEAR 201 2 GRANT The programmatic assurances below reflect standard grant requirements that DOL has determined are consistent with sound program practices . Applicants please certify that your agency or org anization will conform to these assurances throughout the pe riod of the grant by checking off the assurances below. This form can be completed electronically to check off the assurances go to the View function choose Toolbars click on the left sid e of Forms then click on small lock. PARTICIPANT ASSURANCES The Applicant agrees to Recruitment and Selection of Participants Develops and implements methods to recruit and select participants to assure that a maximum number of eli gible individuals are able to participate in the program . Uses income definitions and income inclusions and exclusions for SCSEP eligibility as described in TEGL 12 -06 to determine and document par ticipant eligibility . TEGL 12 - 06 may be accessed at olderworkers.workforce3one.org under R esources . Develops and implements methods to recruit minority populations to ensure they are enrolled at least in proportion to their number s in the population in the area . Develops and implements strategies to recruit applicants who have priority of service as defined in OAA s ection 518 b 1 - 2 and by the Jobs for Veterans Act P.L. 107 -288 . Individuals ha ve priority who a Are covered persons in accordance with the Jobs for Veterans Act covered persons veterans and eligible spouses including widows and widowers who are eligible for SCSEP must receive services instead of or before non -covered persons b Are 65 years or older c Have a disability d Have limited English proficiency e Have low literacy skills f Reside in a rural area g Have low employment prospects h Have failed to find employment after utilizing services provided through the One - Stop Delivery Sy stem i Are homeless or are at risk for homelessness . 2 Assessment Assesses participants at least twice per 12 month period . Uses assessment information to determine the most appropriate community servic e assignments for pa rticipants . Individual Employment Plan IEP Establishes an initial goal of unsubsidized employment for all participants . Updates the IEP at least as frequently as assessments occur at least twice per 12 month period . Modifies the IEP as necessary to reflect other approaches to self -sufficiency if it becomes clear that unsubsidized employment is not feasible for a participant . For participants who will reach the individual durationa l limit or would not otherwise achieve unsubsidized employment includes provision in the IEP to transition to other services . Community Service Assignment CSA Ens ures that the initial CS A is based on th e assessment done at enrollment . Uses the IEP to determin e when if appropriate to rotate participants through assignments to acquire skills necessary for unsubsidized employment . Selects host agencies that are designated 501 c 3 organizations or public agencies . Ensures procedures are in place to assure adequate supervision o f participants at host agencies . Ensures procedures are in place to ensure safe and healthy working conditions . Recertification of Par ticipants Recertifies the income eligibility of each participant at least once every 12 months or more frequ ently if circumstances warrant . Physical Examinations Offers physical examinations to participants upon progra m entry and each year thereafter as a benefit of enrollment . Obtains a written waiver from each participant who declines to have a physical exam ination . Grantee does not receive a copy or use the results of the physica l examination to establish eligibility or for any other purpose. 3 Host Agencies Develops and implements methods for recruiting new host agencies to provide a variety of training options that will enable participants to increase their sk ill level and transi tion to unsubsidized employment . Maintenance of Effort Community service assignments do not reduce the number of employment opportunities or vacancies that would otherwise be available to individuals who are not SCSE P participants. Community service assignments do not displace currently employed workers including partial displacement such as a reduction in non -overtime work wages or employment benefits . Community service assignments do not impair existing contrac ts or result in the substitution of Federal funds for other funds in connection with work th at would otherwise be performed . Community service assignments do not assign or continue to assign a participant to perform the same work or substantially the same work as that performed by an individual who is on layoff . Orientation Provides orientations for its participants and host agencies including information on Program Overview Project goals and objectives Commu nity service assignments Training opportunities Available supportive services Availability of free physical examinatio ns Participant rights and responsibilities Host agencies Sub -recipients must also provide sufficient orientation to applicants and partic ipants which should include the following information SCSEP goals and objectives Grantee and local project roles policies and p rocedures Documentation requirements Holiday and sick leave Assessment process Development and i mplementation of Individual Employment Plans Evaluation of participant progress Provision of safe working environment Annual monitoring and safety assessment Role of supervisors and host agencies 4 Maximum individual duration policy including the possibility of waiver if applicable Termination policies Grievance procedures Wages Provides participants with the highest applicable require d wage for time spent while in orientation training and community service assignment. The applicable wage is the highest of the Federal state or local minimum wage . Participant Benefits Provides workers compensation and other be nefits that are required by state or Federal law such unemployment insurance and the costs of physical examinations . Establishes written policies relating to compensation for scheduled work hours during which grantee or sub -recipients are closed for Federal holidays . Establishes written policies relating to approved breaks in participation and any necessary sick leave that is not part of an accumulated sick leave program . Does not use grant funds to pay the cost of pension benefits annual leave accumulated sick leave or bonuses . Durational Limits Maximum Average Project Duration 27 Months Complies with average project duration of 27 months or less unless DOL approves an ext ension to 36 months . Maximum Individual Participant Duration 48 Months Complies with the requirement that participants may participate in the program no longer than 48 months whether or not consecutive ly unless the grantee s approved policy allows for an extension of time and the participa nt meets the extension criteria . Notifies participants of its policy pertaining to the maximum duration requirement including the possibility of a waiver if applicable at the ti me of enrollment and each year . Provides 30 -day written notice to participants prior to durational limit exit from the program Transition Services Develops a system to transition participan ts to unsubsidized employmen t or other assistance before the participants maximum enrollment duration has expired . . 5 Termination Procedures Provides a 30 -day written notice for all terminations that states the reason for termination and informs the part icipants of grievance policies and right to appeal. Written Termination Policies Written termination policies are in effect and provided to participants at enrollment for Provision of false information Incorrect initial elig ibility determination Income ineligibility determined at recertification Participant has reached individual durational limit Participant has become employed while enrolled Cause a for -cause termination policy must be approved by the Department prior to implementation IEP -related termination IEP terminations are based solely on a participant s refusal to accept a reasonable number of job offers or referrals to un subsidized employment or to conduct a reasonable search for employment consistent with their IEP unless ther e are extenuating circumstances . Equitable Distribution Complies with the Equitable Distribution ED plan for each state in w hich grantee operates and will only make changes in the location of authorized positions within a state in accordance with the state ED plan and with the approval of the Department. Over -Enrollment Manage over -enrollment to minimize i mpact on participants and avoid layoffs . Administrative Systems Ensures representation at all DOL -sponsored required grantee meetings. Communicates grant policy data collection and performance developments and directives to staff sub -recipients and local project operators on a regular basis . Develops a written monitoring tool that lists items the grantee will review during monitoring visits and provides this tool to sub -recipients and local p roject operators . Develops a monitoring schedule no tifies sub -grantees and local project operators of monitoring plans and monitors sub -grantees and local proje ct operators on a regular basis . Develops and p rovides t raining to increase sub -recipients and local project operators skills knowledge and abilities . 6 When appropriate p rescribes corrective action and follow -up procedures for sub - recipients and local project operators to ensure that iden tified problems are remedied . Monitors the financial systems and expenditures of sub -recipients and local project operators on a regul ar basis . Ensures that sub -recipients and local project operators receive adequate r esources to eff ectively operate local projects . Trains sub -recipients and local project operators on SCSEP financial requirements to help them effectively manage their own expenditures and provide more gener al financial training as neede d. Ensures that all financial reports are accurate and submits them in a timely manner as required . Develops a written plan for both disaster response and recovery so SCSEP may continue to operate and provide services . Collaboration and Leveraged Resources Collaborates with other organizations to maximize opportunities for participants to obtain workforce development education and supportive services to help them move into unsubsidized employment. These organizations may include but are not limited to workforce investment boards One -Stop Career Centers vocational rehabilitation providers disability networks basic education and literacy providers and community colleges . Supportive Services Provides supportive services as needed t o help participants participate in their community service assignment and to obtain and retain unsubsidized employment . Establishes criteria to assess the need for supportive servi ces and to determine when participants will receive supportive services including after ob taining unsubsidized employment . Sub -Recipient Selection If Applicable In selecting sub -recipients in areas with a substantial population of i ndividuals with barriers to employment national grantee s give special consideration to organizations including former recipients of national grants with demonstrated expertise in serving individuals with barriers to employment as defined in the statute . Complaint Resolution Establishes and uses written grievance procedures for complaint resolution for applicants employees sub -recipients and participants . 7 Provides applicants employees sub -recipients and partici pants with a copy of the grievance policy and procedures . Procedures for Payroll and Workers Compensation Makes all required payments for participant payroll and pays workers compensa tion premiums on a timely basis . Ensures that host agencies do not pay workers comp ensation costs for participants . Maintenance of Files and Privacy Information Maintains participant files for three program years after the program year in which all follow -up activity f or a participant is completed . Ensures that p articipant records are securely stored and access is limited to appropriate staff in order to safeguard p ersonal identifying information . Ensures that p articipant medical reco rds are securely stored separate ly from all other participant records and access is limited to authorized staff for authorized purposes . Establishes safeguards to preclude tampering with electronic media e.g. personal identification num bers PINs . Ensures that the SCSEP national o ffice at DOL is immediately notified in the event of any potential security breach of personal identifying information whether electronic files paper files or equipment are involved . Complies with and ensures that authorized us ers under its grant comply with all SPARQ access and security rules . Documentation Maintains documentation of waivers of physical examinations by participant . M aintains documentation of the provision of compla int procedures to participants . Maintains documentation of eligibility determinations and re certifications . Maintains documentations of termination s and reasons for term ination . Maintains records of grievances and outcomes . Maintains records required for data validation . Data Collection and Reporting Ensures the collection and reporting of all SCSEP required data ac cording to specified time schedules. Ensures the use of the OMB -approved SCSEP data collection forms and the SCSEP data collection and evaluation system SPARQ including i n WDCS. Ensures data will be entered directly i nto the WDCS. 8 Ensures that those capturing and recoding data are familiar with the latest i nstructions for data collection including DOL administrative issuances e.g. Older Worker Bulletins TEGLs Data Collection Handbook Data Valida tion Handbook and Internet postings . Legally obligates sub -recipients to turn over complete data files in the specified electronic format as well as hard copy case files to the grantee when sub -recipient s cease to administer SCSEP . Legally obligates new sub -recipients to enter complete data related to any participants whom they acqui re upon becoming sub -recipients including any participants who are still in the follow -up period . If any box es is not checked inform ation must be provided on a separate attachment indicating what specific steps the grantee is taking to conform to those standard grant requirement s . By checking the boxes above I certify that my organization will comply with each of the listed require ments and will remain in compliance for the program year for which we are submitting this application. Signatur e of Authorized Representative Date