Current through all regulations passed and filed through March 18, 2024
(A) Definitions.
The following definitions are applicable to this rule:
(1) "Local area" means
a geographic area of a state designated by the governor
in accordance with section 106 of the Workforce Innovation and Opportunity Act
(WIOA) that serves as a jurisdiction
for
the administration of workforce
development activities delivered through a local workforce development
system.
(2) "Grant
recipient" means the Ohio department of job and family services
(ODJFS).
(3)
"Subgrantee" means local area chief elected officials. For
purposes of this agreement, "subgrantee" has the same meaning as "grantee" as
defined in division (A)(3) of section
5101.20 of the Revised Code and
"grant recipient" as defined in section 107(d)(12)(B) of WIOA
.
(4) "Agreement"
means contract, subgrant agreement, memorandum of understanding (MOU), and/or
interagency agreement.
(5)
"Financial assistance" means all cash, reimbursements, allocations of funds,
and cash draws provided by ODJFS to a local area. All requirements related to
financial assistance shall also apply to public money used by the county to
match state or federal funds.
(6)
"Chief local elected officials," when used in reference to a local area, means
the chief elected executive officer of a unit of general local government in a
local area; and in a case in which a local area includes more than one unit of
general local government, the individuals designated under the agreement that
specifies the respective roles of the individual chief elected
officials.
(7) "Fiscal agent" means
an entity designated by the chief elected official in
accordance with section 107(d)(12)(B)(i)(II) of WIOA to assist in the
administration of workforce WIOA grant funds under the direction of the local
workforce development board. The WIOA fiscal agent shall receive and manage all
formula workforce development funds for the area and other federal, state, or
local funds allocated to the local workforce area as detailed in rule
5101:9-7-05
of the Administrative Code.
(8)
"Local workforce development board (LWDB)" means the
board established by chief elected officials per section 107 of the WIOA to set
policy and to be responsible for administration and oversight of the local
workforce development system in collaboration with the required and additional
partners and local workforce stakeholders.
(9)
"Workforce
development activity" as defined in section
6301.01 of the Revised Code,
means an activity carried out through a workforce development system with the
primary goal of achieving one or more of the following:
(a)
Help maximize
employment opportunities;
(b)
Help employers gain access to skilled
workers;
(c)
Help employers retain skilled workers;
(d)
Help develop or
enhance the skills of incumbent workers;
(e)
Improve the
quality of the state's workforce; and
(f)
Enhance the
productivity and competitiveness of the state's economy.
(B) The
subgrantee shall enter into a subgrant agreement with
ODJFS before receiving workforce development
funds. The subgrantee may only expend workforce
development funds on activities and in a manner
consistent with the approved WIOA local plan and subgrant
agreement. The subgrantee shall ensure all workforce
development funds included in the subgrant agreement
are used in accordance with the following:
(1) All U.S. department of labor (DOL)
WIOA provisions and all federal regulations, including
20 C.F.R. 652 as promulgated by DOL and any amendments thereto;
(2) The administrative requirements and
procedures established under 29 C.F.R. 97 and 2 C.F.R. 200, as they relate to
the application, acceptance, audit, and use of federal funds, except where such
administrative requirements and procedures have been superseded or augmented by
WIOA legislation, state law, local regulations and
laws, or other federal law;
(3)
State and federal laws and regulations, including any applicable executive
orders;
(4) The state plan for
receipt of federal financial participation;
(5) The terms and conditions of the grant
award; and
(6) Applicable grant
agreements between ODJFS and federal agencies.
(C) The subgrantee shall make available for examination all
records with respect to matters covered by this rule during normal business
hours and as often as ODJFS may deem necessary. As the recipient of the federal
grant and in accordance with state and federal regulations, ODJFS has the
authority to:
(1) Examine all records of the
subgrantee. Should records not meet the standards
established by the generally accepted accounting practices, ODJFS reserves the
right to withhold any or all of its funding to the subgrantee until such time as they do meet these
standards;
(2) Examine all forms
and documents used, including, but not limited to, purchase orders, supply
requisitions, invoices, journal vouchers, travel vouchers, payroll checks, and
other checks used by the subgrantee;
(3) Require the subgrantee to use any or all of ODJFS' accounting or
administrative procedures used in the planning, controlling, monitoring,
procurement, and reporting of all fiscal matters;
(4) Dispatch auditors of its choosing to any
site where any phase of the program is being conducted, controlled, or advanced
in any way, tangible or intangible. Such sites may include the home office, any
branch office or other locations of the subgrantee and its subgrantees, if such sites or the activities performed
thereon have any relationship to the WIOA program. The
subgrantees' agreements with lower-tier
subgrantees must allow for the same level of access by
ODJFS and its auditors as described in this paragraph;
(5) Conduct physical inspections and require
such physical safeguarding devices as locks, alarms, safes, fire extinguishers,
etc., to safeguard property and/or equipment; and
(6) Attend any and all of the
subgrantees' staff meetings, board of directors
meetings, advisory committee meetings, and advisory board meetings if an item
to be discussed relates to the operation of the local area.
(D) In the event that the federal
government, directly or through its agencies, requires ODJFS to repay funds
because of misfeasance, malfeasance, or nonfeasance by the
subgrantee, the subgrantee shall be liable for any such funds that the
federal government has ordered repaid. Disputes between ODJFS and the
subgrantee shall be resolved according to section
5101.24 of the Revised Code. The
subgrantee is the responsible entity or responsible
county grantee for purposes of applying section
5101.24 of the Revised
Code.
(E) The
subgrantee shall be responsible for all workforce
development funds received including all associated
actions.
(1) The subgrantee shall ensure that every officer, director,
agent or employee authorized to act on behalf of the subgrantee in receiving or depositing funds into
program accounts, or in issuing financial documents, checks, or other
instruments of payment for payment of program costs shall be bonded so as to
provide adequate protection against loss.
(2) The subgrantee shall ensure prompt payment relating to
employment including, but not limited to, unemployment compensation
contributions or reimbursements, insurance premiums, workers' compensation
premiums, all income tax deductions, social security deductions, public
employment retirement system contributions, and any and all other employer
taxes and payroll deductions required by law or contract for all employees,
trainees, work experience participants, and anyone receiving monetary benefits
as a result of participation in WIOA programs.
(3) The subgrantee shall establish such management and fiscal
controls and reports as are necessary to maintain effective controls and
safeguards to prevent abuses or misuse of funds and be in compliance with the
subgrantee monitoring rule, rule
5101:9-1-88
of the Administrative Code, and prevent any misuse of funds by any entity with
whom it subcontracts. All provider subcontracts entered into by the
subgrantee are subject to review and shall be made
available upon request by the recipient.
(4) The subgrantee shall appoint a fiscal agent that receives
and manages all workforce development funding. On behalf of the
subgrantee the fiscal agent shall:
(a) Establish and maintain separate
accounting records for the management of the workforce
development funds in accordance with the rules of
funding for workforce development activities;
(b) Utilize the county finance information
system (CFIS) as a unified financial reporting system as set forth in 20 C.F.R.
683.300;
(c) ) Utilize the random moment sample (RMS)
system for reporting staff and/or administrative costs as detailed in rule
5101:9-7-20
of the Administrative Code and ODJFS' U.S. department of health and human
services (DHHS) cost allocation plan in compliance with 2 C.F.R. part 200. All
WIOA stand
alone areas shall allocate their costs in accordance with rule
5101:9-31-17
of the Administrative Code; and
(d)
Implement fiscal practices in accordance with rules
5101:9-7-04,
5101:9-7-04.1, and 5101:9-7-05 of the Administrative Code.
(F) The subgrantee shall adhere to procurement requirements
for all goods and services as outlined in rule
5101:9-4-07
of the Administrative Code, unless the local area requirements are more
restrictive.
(G)
Subgrantees shall not purchase personal property or
equipment for administrative and/or programmatic purposes with federal funds
without written approval from ODJFS if the purchase exceeds five thousand
dollars. Purchase of real property or new construction is prohibited. The
subgrantee shall not loan any workforce
development funds.
(H) The subgrantee may be reimbursed for necessary and
reasonable indirect costs if:
(1) The local
area is included in a county-wide central cost allocation plan developed and
maintained by the board of county commissioners (BOCC).
(2) In the case of all other local areas, the
subgrantee has obtained prior approval of an indirect
cost allocation plan from a federal agency from which the
subgrantee is receiving funds and that has been
assigned responsibility by the U.S. office of management and budget (OMB) for
approving the subgrantees' indirect cost proposal. The
subgrantees without a federal cognizant agency must
receive approval of an indirect cost allocation plan from ODJFS before charging
indirect costs.
(I) The
subgrantee in administering its local area, shall
comply with the standards of conduct for maintaining the integrity of the
project and avoiding any conflict of interest in its administration including,
but not limited to, federal WIOA regulations and Ohio
ethics law.
(1) Every reasonable course of
action will be taken by the subgrantee in order to maintain the integrity of all
expenditures of public funds and to avoid any favoritism or questionable or
improper conduct.
(2) The local
area will be administered in an impartial manner, free from personal,
financial, or political gain. The subgrantee, its executive staff and employees, in
administering any and all subgrants, will avoid situations that give rise to a
suggestion that any decision was influenced by prejudice, bias, special
interest, or personal gain.
(3)
Members of the subgrantee who are either executive agency lobbyists
or who employ one must register and be in compliance with sections
121.61 to
121.69 of the Revised
Code.
(J) The
subgrantee shall retain all records in accordance with
rule
5101:9-9-21
of the Administrative Code pertaining to this program for at least a period of
three years or longer as required by local, state, and federal
laws.