AUTHORIZING AMENDMENT OF FUNDING UNDER THE TRADE ADJUSTMENT ACT

FAMILY & HUMAN SERVICES RESOLUTION NO. 2025090 RE: AUTHORIZING AMENDMENT OF FUNDING UNDER THE TRADE ADJUSTMENT ACT Legislators GARITO, HOUSTON, POLASEK, CASWELL, D'AQUANNI, GORMAN, MC HOUL, and KAUL offer the following and move its adoption: WHEREAS, the United States Congress enacted the Workforce Innovation and Opportunity Act (WIOA) to provide the framework for a unique workforce preparation and employment system designed to meet the needs of businesses and the needs of job seekers and those who want to further their careers, and WHEREAS, the New York State Department of Labor has recently provided Notices of Obligational Authority (NOA) which set forth the allocations to Dutchess County for the operation of: • PY 24 RR Fiscal Incentive Grant for the period of 7/1/2024 through 6/30/2026; • PY 24 RR Program Incentive Grant for the period of 7/1/2024 through 6/30/2026; and; WHEREAS, PY24 RR Fiscal Incentive Grant and PY24 RR Program Incentive Grant are NOAs, thereby allowing an extension of the term, only, without a separate resolution, now therefore be it RESOLVED, that the Commissioner of Finance be and hereby is authorized, empowered and directed to accept the allocation of funding under the above RR Fiscal Incentive Grant and RR Program Incentive Grant and amend the following accounts: APPROPRIATIONS Increase CD6292.2024.4848 CD6292.2024.4849 RR Fiscal Incentive Grant RR Program Incentive Grant $100,000 $ 50,334 $150,334 REVENUES Increase CD6292.2024.47910.48 CD6292.2024.47910.49 RR Fiscal Incentive Grant RR Program Incentive Grant $100,000 $ 50,334 $150,334 CA-059-25; LM/BPL/rjw; G-1263 05/28/2025; Fiscal Impact: See Attached STATE OF NEW YORK COUNTY OF DUTCHESS APPROVED - resolution Win stone gene l islature of the County of urches, have compared the foregoing resolution with the original was adopted br said Iegislature on the 9t day of Junc 2025, and that the same is a true and correct transcript of said original resolution and SUSANg SERINO IN WITNICOUNTYEXECUVE set my hand and scal of said Legislature this 9u dark Date 6e11+ 2025 Feigh agen LEICH WAGER CHERK ORTHE LEGISL FISCAL IMPACT STATEMENT NO FISCAL IMPACT PROJECTED APPROPRIATION RESOLUTIONS (To be completed by requesting department) $150,334 Total Current Year Cost $ Total Current Year Revenue $ $150,334 and Source Source of County Funds (check one): L Existing Appropriations, •Contingency, L Transfer of Existing Appropriations, • Additional Appropriations, L Other (explain). Identify Line Items(s): Related Expenses: Amount $ Nature/Reason: Anticipated Savings to County: Net County Cost (this year): Over Five Years: Additional Comments/Explanation: Louise McLoughlin Prepared by: Prepared On: 5/27/2025 Dut.pdf de Dutchess County Workforce Investment Board "Building Partnerships for Workforce Solutions" MEMORANDUM TO: Susan J. Serino, County Executive FROM: Louise McLoughlin, Executive Director, Dutchess County Workforce Investment Board DATE: May 27, 2025 RE: Resolution Request As Soon As Possible Please find attached a Resolution Request form and Fiscal Impact Statement for a resolution to be presented at the next available Meeting of the County. EXPLANATION: The Dutchess County Workforce Investment Board is pleased to announce that our County has met the necessary Adult and Dislocated Worker spending criteria to be eligible for additional funds for training and supportive services! We have been approved for an additional $150,333.33 to offer training funding and wrap around supportive services. The DWIB receives Notices of Authority (NOA) from the New York State Department of Labor (NYSDOL) to provide training and employment services to adults, dislocated workers and youth who reside in Dutchess County. NOA's either supply additional funding or rescind expired funding. These NOA's are supplying additional funding to Dutchess County. These NOA's will require a NEW line in LOGOs EACH as these funds are specifically for training and supportive services and cannot be used for administrative or programming costs. NOA- $100,000 Program Year PY24 Fiscal Incentive Grant (RR Fiscal Incentive Program Year 2024) Date Range: 7/1/2024-6/30/2026 NOA Number: RR Fiscal incentive PY24-1 Primarily Adult and Dislocated Workers, can be used for Youth Increase $100,000 NOA- $50,333.33 Program Year PY24 Program Incentive Grant (RR Program Incentive Program Year 2024) 3 Neptune Road Poughkeepsie, NT 12601 Telephone (845) +63-0517 Fax (845) +63-0247 www.dcwib.org The programs procided by this agency are partially funded by moneys receired from the County of Dutchess ÉOF/P auxiliary aids and services are available upon request to indiriduals with disabilities de ITCHES COUNT Dutchess County Workforce Investment Board "Building Partnerships for Workforce Solutions" Date Range: 7/1/2024-6/30/2026 NOA Number: RR Program incentive PY24-l Primarily Adult and Dislocated Workers, can be used for Youth Increase $50,333.33 Please contact me at 845-463-0517 x204 if you have any questions or require additional information. 3 Neptune Road Poughkeepsie, NT 12601 Telephone (845) 463-0517 Fax (845) 463-0247 www.dewib.org The programs provided by this agency are partially funded by moneys receired from the County of Dutchess EOE/P auxiliary aids and serrices are arailable upon request to indiriduals with disabilities Department Kathy Hochul, Governor Roberta Reardon, Commissioner May 23, 2025 Ms. Susan J. Serino County Executive Dutchess County Dutchess County Office Building 22 Market Street, 6th Floor Poughkeepsie, New York 12601 Dear Ms. Serino: Congratulations. In accordance with Workforce Development System Program Guidance Letter #24-01.1 State-Level Training and Supportive Services Funding Grant, your local area has met the necessary Adult and Dislocated Worker spending criteria to be eligible for additional funds for training and supportive service's needs. Your local area has requested and has been approved for $100,000.00. These funds are approved for the period July 01, 2024, through June 30, 2026. As the pass-through entity of Workforce Innovation and Opportunity Act (WIOA) funds to your local area, New York State Department of Labor (NYSDOL) is required to execute the attached Subrecipient Agreement incorporating all fiscal, and operational aspects of the grant and includes the following sections: 1. Subrecipient Cover Page Il. Notice of Obligational Authority (NOA) Program Letter #24-01.1, State-Level Training and Supportive Services Funding IV. PeopleSoft Account Code Guide V. USDOL Notice of Obligational Authority (NOO) VI. Attestation All expenditures, accruals, and obligations allowable under the State-Level Training and Supportive Services Funding Grant (RR Fiscal Incentive) must be reported monthly in PeopleSoft under Program Code 125 for Program Year 2024 (PY24) using only the PeopleSoft account codes in Section IV. No other account codes are allowed under this grant Please review the attached Subrecipient Agreement and complete and return the attestation document (Section VI) by COB, Friday, June 13, 2025. The attestation requires signature by the Chief Elected Official (CEO) or authorized signatory for the LWDA for the fiscal reporting to NYSDOL. W. Averell Harriman State Office Campus Building 12, Room 440, Albany, NY 12226 www.labor.ny.gov Any questions concerning this information should be directed to Mr. Nicholas Gratch, State Representative at 518-457-3239. Sincerely, Kerry Douglas-Duffy Kerry Douglas-Duffy Director Bureau of Workforce Innovation & Quality Attachments) Dr. Louise McLoughlin Ms. Amanda Dushaj Mr. Nicholas Gratch Mr. John Forte Ms. Fenting Li Ms. Rachel Adler 2 W. Averell Harriman State Office Campus Building 12, Room 440, Albany, NY 12226 www.labor.ny.gov NEW YORK STATE OF OPPORTUNITY Department of Labor Subrecipient Agreement State Level Training and Supportive Services Funding Grant Grant # 24A55AW000099 Kerry Douglas-Duffy, Director Bureau of Workforce Innovation & Quality NEW YORK Department STATE OF OPPORTUNITY of Labor Table of Contents Section I - Subrecipient Cover Page Section |I - Notice of Obligational Authority (NOA) Section III - Program Letter 24-01.1, State Level Training and Supportive Services Funding Section IV - PeopleSoft Account Code Guide Section V - USDOL Notification of Obligation (NOO) Section VI - Subrecipient Attestation PYZASTAMTEVE IRVING AND SARVICES SERVICES SE BRECIPIENE IGREEMEN NEWYORK | Department STATE OF OPPORTUNITY of Labor SECTION I SUBRECIPIENT COVER PAGE PESTATE LEVEL TRAINING UND SUPPORTIVE SERVICES EINDING GRANT - SUBRECIPIENT AGREEMENT NYS Department of Labor Division of Employment & Workforce Solutions Subrecipient Agreement Notification of Award/Obligation: Program Year 2024 Fiscal Incentive Grant Federal Award Identification Number: 24A55AW000099 CFDA No. 17.278 Federal Award Date: 07/23/24 Under the authority of the Workforce Innovation and Opportunity Act, this grant or agreement is entered into between the above named Grantor Agency and the following named Subrecipient Awardee, for a project entitled - Program Year 2024 Fiscal Incentive Grant Subrecipient: UEl Number: Project Description: Subaward Period of Performance: Total Funds Committed to Subrecipient (unless otherwise amended): Indirect Cost Rate: R&D Grant: Susan J. Serino Dutchess County Executive D3RRG8P2LNQ4 PY24 Fiscal Incentive Grant 07/01/24 to 06/30/26 $100,000.00 To Be Determined Not applicable Payments to subrecipients will be made via the Notice of Obligational Authority process with subrecipients reporting expenditures. accruals, and obligations via the PeopleSoft Financial application. In performing its responsibilities under this subrecipient agreement, the subrecipient assures that it will fully comply with all applicable state and federal rules and regulations including but not limited to the following NYSDOL Technical Advisories. federal regulations, and federal cost principles, including any subsequent amendment: NYS Department of Labor Technical Advisories: 1) TA #21-4 "Monitoring - New York State Department of Labor (NYSDOL) Workforce Innovation and Opportunity Act (WIOA) Monitoring/Oversight of and Provision of Technical Assistance to Local Workforce Development Boards (LWDBs) and LWDB Responsibilities Relating to NYSDOL's Monitoring Process" hips.//dolav.po/isystemifles/documents:2021/06 ta-21-04-ga-monitoning-06-25-2021 pu 2) TA #21-5 "Monitoring - Remote and/or Onsite Subrecipient Oversight and Monitoring Responsibilities for Chief Elected Officials (CEOs) and Local Workforce Development Boards (LWDBs)" htps /dol.ny. gov systemifiles documents/2021:08 ta-2: -05-subrecipient-monitoning-06:25-2021 pat 3) IA #11-2.5 "Financial Reporting and Cash Draw-down Policy and Procedures for WIOA, Trade Adjustment Act and Other Federal Funding" hips dol ow so is/stem files documents 2021:068-21-05-subrecipient-montoring 06-25-2321 202 4) TA #17-4 "Final Fiscal Closeout of Expiring Federal Funds" tos: do: 07.90/ systemufiles:documents.202103 ta-17.04.201 5) TA #16-2 "Retention of Records by Local Workforce Development Boards" hips /nour: 20y sister fles documents 2021/03 ta-15-02. poi USDOL Grant Agreement / Notification of Award / Obligation Includes Uniform Administrative Requirements, Cost Principles, and Other Requirements (as applicable). MAYORK Department STATE OF OPPORTUNITY of Labor SECTION II NOTICE OF OBLIGATIONAL AUTHORITY (NOA) PIZASTATE-LEVEL TRAINING AND SUPPORTIVE SERVICES FENDING GRANT SUBRECIPIENT AGREEMENT NYS Department of Labor Division of Employment & Workforce Solutions Program: NOA Number: Grantor. FAIN: ILWDA Name: LWDA Assigned Number: UEl Number: Subrecipient Contact: Subrecipient Contact Title: Program RR Fiscal Incentive PY24 Representative Name: Phone Number: NOTICE OF OBLIGATIONAL AUTHORITY (NOA) Authorizing Program Year 2024 RR Fiscal Incentive Grant Title 1-B Funding This funding is authorized for the period 07/01/2024 through 06/30/2026 RR Fiscal Incentive Program Year 2024 RR Fiscal Incentive PY24-1 Governor of New York through the NYS Department of Labor 24A55AW000099 Local Workforce Development Area (LWDA) Subrecipient Information Dutchess County 60 D3RRG8P2LNQ4 Susan J. Serino Dutchess County Executive WIOA Title 1-B Prior CFDA # Approved Level 17.278 $0.00 Change (per this NOA) $100,000.00 NYSDOL Contact Information Nicholas Gratch (315) 479-3239 New Level $100,000.00 Approval Signature: Kerry Douglas-Duffy Kerry Douglas-Duffy Director, Bureau of Workforce Innovation & Quality 5/23/2025 NEW YORK Department STATE OF OPPORTUNITY lof Labor SECTION III PROGRAM LETTER 24-01.1, STATE-LEVEL TRAINING AND SUPPORTIVE SERVICES FUNDING PYCASTATE-LEVEL TRANNING AND SUPPORTIVE SERVICES ELVONG GRANT SUBRECIPIENT AGREEMENT New York State Department of Labor W Averell Hariman State Office Campus Bullding 12 Room 440 Albany. NY 12226 www 3001*/ G0: Workforce Development System Program Guidance Letter #24-01.1 May 21, 2025 Workforce Development Community State-Level Training and Supportive Services Funding To: SUBJECT: PURPOSE Notify Local Workforce Development Boards (LWDBs) that State-level funds will be made available to interested and eligible LWDBs to utilize for Adult, Dislocated Worker (DW), and/or Youth training and supportive services purposes. ACTION The New York State Department of Labor (NYSDOL) will issue up to a total of $2.5M in State-levei funds to interested and eligible LWDBs through a Notice of Obligational Authority (NOA) process to fund training (including work experiences (WEX) for Youth) and supportive services (i.e., assistance with transportation, childcare, and housing; referrals to legal aid services and healthcare; and assistance with work and/or training- related items such as electronic devices for participants, if $999 or less per unit). See Attachment A: PeopleSoft Codes for State-Level Training and Supportive Services Payments for appropriate fiscal reporting. Note: These State-level funds cannot be used for administrative purposes or to provide Workforce Innovation and Opportunity Act (WIOA) career services. An LWDB is eligible for this funding if it met the WIOA-required 80% obligation rate for Program Year (PY) 2023 Adult and DW funds, and can advise that they are also on track to do so for PY 2024. LWDBs are not required to meet the 80% obligation rate for PY 2023 Youth funds to be eligible for this incentive, but these funds can be used to support training and supportive services for Youth, if needed. Note: If LWDBs utilize incentive funds on Youth WEX, these funds do not count toward the annual WIOA 20% WEX expenditure requirement. Funding will be issued to eligible and interested LWDBs on the following scale: • Small LWDBs (Columbia-Greene, Sullivan, and Tompkins) - Up to $50,000; • Medium LWDBs (All others, except small and large LWDBs) - Up to $100,000; and 1 Department - of Labor 05-21-2025 • Large LWDB (New York City) - Up to $150,000. All State-level training and supportive services funds received must be expended by June 30, 2026. Interested and eligible LWDBs must contact their local Fiscal Oversight and Technical Assistance (FOTA) representative to request funds and attest that awarded funds will be expended by June 30, 2026. ADDITIONAL INFORMATION Issued State-level funding to LWDBs for these purposes is subject to the following Workforce Development System Technical Advisories and Program Guidance Letters (WDS TAs and PGLs): • TA #11-02.5: UPDATED Financial Reporting and Cash Draw-down Policy and Procedures for Workforce Innovation and Opportunity Act, Workforce Investment Act, Trade Adjustment Act and Other Federal Funding; • TA #16-02: Retention of Records by Local Workforce Development Boards; • IA#I/-i 04: Final Fiscal Closeout of Expiring Federal Funds; • TA #17-07: Use of One-Stop Operating System and Re-Employment Operating System; • TA #21-04: Monitoring - New York State Department of Labor (NYSDOL) Workforce Innovation and Opportunity Act (WIOA) Monitoring/Oversight of and Provision of Technical Assistance to Local Workforce Development Boards (LWDBs) and LWDB Responsibilities Relating to NYSDOL's Monitoring Process; • TA #21-05: Monitoring - Remote and/or Onsite Subrecipient Oversight and Monitoring Responsibilities for Chief Elected officials (CEOs) and Local Workforce Development Boards (LWDBs); • PGL #24-02: Guidance on Waiver Requests for the Workforce Innovation and Opportunity Act (WIOA) 80% Obligation Requirement for Title I Adult, Dislocated Worker (DW), and Youth Formula Funds; and • TA #23-01: Serving Priority Populations and Priority of Service under the Workforce Innovation and Opportunity Act (WIOA) Title I Adult Program. The One-Stop Operating System (OSOS) is the primary case management system used for tracking all services provided to customers throughout the Workforce Development System. A State-Level Training and Supportive Services SOS Desk Guide was created to assist staff in recording services allowable under this program. All staff completing data entry must comply with TA #17-07. REFERENCES Workforce Innovation and Opportunity Act (WOA) Section 134 2 Department of Labor 05-21-2025 20 CFR Part 680 - Subpart B Training and Employment Guidance Letter (TEGL) No. 19-16 INQUIRIES Questions regarding this PGL may be directed to [email protected]. ATTACHMENTS A: PeopleSoft Codes for State-Level Training and Supportive Services Payments 3 Department _____ of Labor 05-21-2025 MAYORK Department STATE OF OPPORTUNITY of labor SECTION IV PEOPLESOFT ACCOUNT CODE GUIDE PrISTALEVEL IRNNNGANDSLPPORTIVE SERVICES FLNDINGGRANT SUBRECIPIENT AGREEMENT PeopleSoft Codes For State-Level Training and Supportiv Account 513100 513200 513300 513400 513500 514000 518000 553100 553200 553400 553500 554000 555000 558000 593100 593200 593300 593400 593500 594000 595000 598000 Description Training - General Training - ITA Training - Contract Training - Customized Training - OJT Needs Related Payments Supportive Services Youth Work Experience Accrued - Training - General Accrued - Training - ITA Accrued - Training - Contract Accrued - Training - Customized Accrued - Training - OJT Accrued - Needs Related Payments Accrued - Supportive Services Accrued - Youth Work Experience Obligated - Training - General Obligated - Training - ITA Obligated - Training - Contract Obligated - Training - Custom Obligated - Training - OJT Obligated - Needs Related Payments Obligated - Supportive Services Obligated - Youth Work Experience NEWYORK Department STATE OF OPPORTUNITY of Labor SECTION V USDOL NOTIFICATION OF OBLIGATION (NOO) PYASTATE-LEVEL ERNNING AND SUPPORTIVE SERVICES FLODING GRANT SUBRECIPIENT AGREEMENT Department of Labor Recipient Information 1. Recipient Name DEPARTMENT OF LABOR NEW YORK 12 State St OFC Campus Albany, NY 12240-0001 SiR 457-1384 2. Congressional District of Recipient 3. Payment System Identifier (ID) 1146013200P3 4. Employer Identification Number (EIN) 146013200 5. Data Universal Numbering System (DUNS) 305780507 6. Recipient's Unique Entity Identifier (UEI) GGD6N8XQ8LUB 7. Project Director or Principal Investigator M: Chrstopher White Depucy Connaissioner of Workforce Development Christopher: White(cglaoor.my.gov S18-457-1073 8. Authorized Official Mr. Koren Ronce Director of Finance karen roncal@labor ny goy 518457 2547 Federal Agency Information ETA Office of Grants Managerter: 9. Awarding Agency Contact Information Ms. Janice Sheeior Grants Managemert Officer Shestor Janicerclol.go: 202 503 3538 10.Program Official Contact Information Ms Kathleen E Barmenta Federal Prolect Officer Division c: Work bron invosion baninenia.kathleer @do' g0v 6:77820124 30. Remarks Notice of Award Award# 24A55AW000099 01-01 FAIN# 24AS5AW000099 Federal Award Date: 10/25/2024 Federal Award Information 11. Award Number 24A5S4W000099 01-01 12. Unique Federal Award Identification Number (FAIN) 21ASSAW000099 13. Statutory Authority Workforce Innovation and Opporunity Act PL 113-133 14. Federal Award Project Title PY 2024 WIOA Disiocated Worker Progran 15. Assistance Listing Number :7.273 16. Assistance Listing Program Title WOA Disseuted Worker Formala Crars 17. Award Action Type 18. is the Award Rm? Summary Federal Award Financial Information 19. Budget Period Start Date 07/0/202 - End Date 06/30/2027 20. Total Amount of Federal Funds Obligated by this Action 20a. Direct Cost Amount 20b. Indirect Cost Amount 21. Authorized Carryover 22. Offset 23. Total Amount of Federal Funds Obligated this budget period 24. Total Approved Cost Sharing or Matching, where applicable 25. Total Federal and Non-Federal Approved this Budget Period 26. Period of Performance Start Date 2701203: - End Date 06/30/2023 27. Total Amount of the Federal Award including Approved Cost Sharing or Matching this Period of Performance 5793. 01100 57582:52 3003 30.00 32.00 S2: 2:2.34:00 3000 5001334:33 SO 739387 00 28. Authorized Treatment of Program Income 29. Grants Management Officer - Signature Page l Department of Labor Recipient Information Recipient Name DEPARTMENT OF LABOR NEW YORK 12 State St OFC Campus Albany, NY 12240-0001 S18.457-1384 Congressional District of Recipient 20 Payment Account Number and Type 11460:3200P3 Employer Identification Number (EIN) Data 146013200 Universal Numbering System (DUNS) 306780607 Recipient's Unique Entity Identifier (UEI) GGDONB KOBLUE 31. Assistance Type 32. Type of Award O:"= 34. Accounting Classification Codes FY-ACCOUNT NO. 25: 21913383133:7400033:5420/42300 ON SONOW:00 223350030 0000353W08 400000 200W00 Notice of Award Award# 24A55AW000099 01-01 FAIN# 24A55AW000099 Federal Award Date: 10/25/2024 33. Approved Budget (Excludes Direct Assistance) i. Financial Assistance from the Federal Awarding Agency Only I. Total project costs including grant funds and all other financial participation a. Salaries and Wages b. Fringe Benefits $0.00 30.00 c. TotalPersonnel Costs d. Equipment 50 00 5000 e. Supplies f. Travel g. Construction h. Other i. Contractual 50.50 50.00 3000 5:01.703.R70 50:0 j. TOTAL DIRECT COSTS k. INDIRECT COSTS I TOTAL APPROVED BUDGET m. Federal Share n. Non-Federal Share 310:103,387 00 $0.00 5101.715,38: 00 S101 745,337.00 50.00 DOCUMENT А Уссо0725 4 2200999%3 1 ADVECSDRATIVE ASSISTNE 1238 !. 273 AMT ACTION FINANCIAL ASSISTANCE S791 2 2509 APPROPRIATION Page 2 Department of Labor Notice of Award Award# 24ASSAW000099-01-01 FAIN# 24ASSAW000099 Federal Award Date: 10/25/2024 Remarks (Continuation) te accordance with Training and Employment Guidance Loder (TEGL) No 13 23 tis Notee oF Award transmics be PY 2025 Advance portion ofthe PY 2024 alloument for be WOA Tiel Dislocated Worker progra™ actres. Vote Artached are the modated grantteres and considens dorthis award, in accordance with the revisiers to ? CPR per 200. Unform A deumstrative Requirements, Cosi Principies, and Audi: Roguoments for Federal Awards, ard STA guidance pubished in TEGL No. 05.24. The SF424 application for Federal assistance was incaded in the omgma. PY 2024 dist autions for WIDA grams. Page 3 AWARD ATTACHMENTS DEPARTMENT OF LABOR NEW YORK 1. NY-PY-2024 WIOA DW Terms and Conditions UG Revisions 24A55AW000099-01-01 PY 2024 Workforce Innovation and Opportunity Act (WIOA) Dislocated Worker Program Activities - Annual Funding Agreement TABLE OF CONTENTS PART A: GENERAL AWARD, SYSTEM FOR AWARD MANAGEMENT AND UNIFORM GUIDANCE....... A(1.) A(2.) A (3.) APPLICABLE REQUIREMENTS TRAINING AND EMPLOYMENT GUIDANCE LETTER (TEGL) SF-424, APPLICATION FOR FEDERAL ASSISTANCE, AND SF-424B, ASSURANCES AND CERTIFICATIONS................... A (4.) A(5.) A(6.) A(7.) A (8.) A(9.) A (10.) FEDERAL PROJECT OFFICER.. SYSTEM FOR AWARD MANAGEMENT (SAM.GOV) .... PROFIT.. SUBAWARDS. CONTRACTS.. TECHNICAL ASSISTANCE, RESOURCES, AND INFORMATION MoNIToRINg, TECHNICAL ASSISTANCE, AND ADDITIONAL SPECIFIC CONDITIONS OF AWARD... A(1l.) EVALUATION, DATA, AND IMPLEMENTATION. A(12.) CONFLICT OF INTEREST.... PART B: INDIRECT COSTS, BUDGET, AND COST SHARE B(l.) INDIRECT COST RATE AND COST ALLOCATION PLAN B(2.) INDIRECT COST RATE - FINANCIAL REPORTING FOR NICRA AND DE MINIMIS B(3.) BUDGET - APPROVED B(4.) BUDGET FLEXIBILITY. B(S.) NON-FEDERAL COST SHARING.. PART C: FUNDS MANAGEMENT..... C(1.) FUNDS - PAYMENT MANAGEMENT SYSTEM (PMS)... C(2.) FUNDS - RETURN & REFUNDS PART D: COSTS - LIMITATIONS, ITEMS, AND RESTRICTIONS D(1.) ADMINISTRATIVE COSTS.... D(2.) CONSULTANTS.... D(3.) EQUIPMENT AND OTHER CAPITAL ASSETS D(4.) PRE-AWARD COSTS. D(5.) PROGRAM INCOME .... D(6.) TRAVEL.... D(7.) TRAVEL - MILEAGE REIMBURSEMENT RATES.. D(8.) TRAVEL - FOREIGN D(9.) CONFERENCES AND CONFERENCE SPACE... 2 ... 4 4 4 6 ... 7 .. 7 ......7 ...7 .. 8 ..9 ...9 ...9 ...9 ... 9 ....9 9 ...10 10 ...10 10 .10 11 D(10.) HOTEL-MOTEL FIRE SAFETY... D(11.) WIOA INFRASTRUCTURE... D(12.) PAY-FOR-PERFORMANCE CONTRACT STRATEGIES D(13.) PROCUREMENT.. PART E: REPORTING, AUDIT, AND CLOSEOUT.. E(1.) REPORTS - FINANCIAL REPORTS 11 11 12 12 ... 12 12 E(2.) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA OR TRANSPARENCY ACT) ... 13 E(3.) INTEGRITY AND PERFORMANCE MATTERS - FAPIIS [FOR AWARDS EXCEEDING $500,000]... E (4.) AUDITS... E(5.) CLOSEOUT/FINAL YEAR REQUIREMENTS... PART F: NATIONAL POLICY AND RESTRICTIONS... F(l.) ARCHITECTURAL BARRIERS.... 16 17 . 18 19 19 F(2.) DOMESTIC PREFERENCES FOR PROCUREMENTS AND THE BUILD AMERICA, BUY AMERICA ACT.. F(3.) F(4.) F(5.) DRUG-FREE WORKPLACE... FLOOD INSURANCE. 19 19 20 INTELLECTUAL PROPERTY RIGHTS, OPEN LICENSING RIGHTS, AND THE BAYH-DOLE ACT. F(6.) F(7.) F(8.) F(9.) PUBLIC COMMUNICATIONS - CERTAIN INFORMATION REQUIREMENT EQUITABLE DELIVERY OF GOVERNMENT BENEFITS AND EQUAL PROTECTION HARASSMENT PROHIBITED..... EQUAL PARTICIPATION OF FAITH-BASED ORGANIZATIONS AND WRITTEN NOTICE OF BENEFICIARY PROTECTIONS... F(10.) PERSONALLY IDENTIFIABLE INFORMATION. F(11.) PUBLICITY AND LOBBYING/ADVOCACY F(12.) VETERANS' PRIORITY PROVISIONS... F(13.) WASTE, FRAUD AND ABUSE... F(14.) WHISTLEBLOWER PROTECTION.. 20 21 21 22 .. 23 24 24 25 25 25 F(15.) EXECUTIVE ORDER 12928 - HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER MINORITY INSTITUTIONS SUCH AS HISPANIC-SERVING INSTITUTIONS AND TRIBAL COLLEGES AND UNIVERSITIES F(16.) F(17.) EXECUTIVE ORDER 13043 - INCREASING SEAT BELT USE 26 26 EXECUTIVE ORDER 13166 - IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY F(18.) EXECUTIVE ORDER 13513 - FEDERAL LEADERSHIP ON REDUCING TEXT MESSAGING WHILE DRIVING ........ F(19.) SALARY AND BONUS LIMITATIONS PART G: NATIONAL PROHIBITIONS AND OTHER RESTRICTIONS 26 26 . 27 ..27 G(1.) CONTRACTING WITH CORPORATIONS WITH FELONY CRIMINAL CONVICTIONS PROHIBITED..... G(2.) CONTRACTING WITH CORPORATIONS WITH UNPAID TAX LIABILITIES PROHIBITED ... 27 G (3.) TRAFFICKING IN PERSONS PROHIBITED G (4.) HEALTH BENEFITS COVERAGE FOR CONTRACEPTIVES G (5.) HEALTH BENEFITS COVERAGE FOR ABORTIONS RESTRICTED G(6.) FAIR LABOR STANDARDS ACT AMENDMENT FOR MAJOR DISASTERS.. G(7.) BLOCKING PORNOGRAPHY REQUIRED.. G(8.) PRIVACY ACT..... G(9.) PROCURING GOODS OBTAINED THROUGH CHILD LABOR PROHIBITED G(10.) PROMOTION OF DRUG LEGALIZATION RESTRICTED .... G(11.) PURCHASE OF STERILE NEEDLES OR SYRINGES RESTRICTED ........... G(12.) RESTRICTIONS AGAINST THE CREATION OR RESEARCH OF EMBRYOS.. PART H: ATTACHMENTS............. H(1.) ATTACHMENT A: SF-424. H(2.) ATTACHMENT B: PAYMENT MANAGEMENT SYSTEM ACCESS LETTER. .. 27 ... 28 .. 30 .. 30 ..31 ..32 32 32 .. 32 ... 32 .. 33 ..... 33 ... 33 33 PART A: GENERAL AWARD, SYSTEM FOR AWARD MANAGEMENT AND UNIFORM GUIDANCE A(1.) Applicable Requirements The recipient of this Federal award must assure to fully comply with the rules and regienins poitied in the awarden (e. saga guirement may be located in government-wide regulations, agency regulations, agency policy guidance such as Training Employment Guidance Letter (TEGL), and the terms outlined in the award A (2.) The following authorities apply to your activities under this Federal award. It is recommended that the award recipient contact DOL when questions arise about what requirements apply in the event of any inconsistency between the terms and conditions of this Notice of Award (NOA) and other requirements. • Workforce Innovation and Opportunity Act (WIOA). Other applicable Federal statutes. Further Consolidated Appropriations Act, 2024, dated March 23, 2024. Implementing Regulations. The Office of Management and Budget (OMB) Guidance, including the Uniform Guidance at 2 CFR part 200, as amended (see Guidance for Federal Financial Assistance, 89 Fed. Reg. 30046 (Apr. 22, 2024)) and DOL regulations at part • Executive Orders and Presidential Memoranda. • The U.S. Department of Labor (DOL) directives. • Terms and conditions of this award. The funds that are provided under this NOA must be expended according to all applicable Federal statutes, regulations and policies, including those of the Worktorce Innovation and Opportunity Act (WIOA), the applicable approved WIOA State Plan (including approved modifications and amendments to the plan), and any waiver plan approved under WIOA Section 189(i)(3) or Workforce Flexibility (Workflex) plan approved under WIOA Section 190, the negotiated performance levels and policies established pursuant to the Secretary's authority under WIOA Section 116, and the applicable provisions in the appropriations acts). Training and Employment Guidance Letter (TEGL) The Training and Employment Guidance Letter (TEGL) No. 12-23 and any amendments found at hstps//www.dol.govagencics/eta/advisorescreel 12:20 are hereby incorporated into this NOA. Award recipients are bound by the authorizations, restrictions, and requirements contained in the funding opportunity announcement. Therefore, the expenditure of funds by the award recipient certifies that your organization has read and will comply with all the parts that are contained in the NOA. A (3.) A (4.) A (5.) Notice of Award The funds provided under this Notice of Award (NOA) must be expended according to all applicable Federal statutes, regulations and policies, and the applicable provisions in the appropriations acts). The funds shall be obligated and expended via a NOA. These obligations and expenditures may not exceed the amount awarded by the NOA unless otherwise amended by the ETA. SF-424, Application for Federal Assistance, and SF-424B, Assurances and Certifications The signed SF-424, Application for Federal Assistance, has been included as an attachment to this award. The individual that signed the SF-424 on behalf of the applicant is considered the Authorized Representative of the applicant. As stated in block 21 of the SF-424 form, the signature of the Authorized Representative on the SF- 424 certifies that the award recipient is in compliance with the Assurances and Certifications form SF-424B available at Grants gov. The award recipient does not need to submit the SF-424B separately. Federal Project Officer The name and contact information of the DOL/ETA Federal Project Officer (FPO) for this award is found on the first page of this Notice of Award in field #10. This individual is your main point of contact with DOL. The individual is not authorized to change any of the terms or conditions of the award or approve prior approval requests. Any changes to the terms or conditions or prior approvals must be approved by the Grant Officer through the use of a formally executed award amendment process. System for Award Management (SAM.gov) A SAM gov registration is required for an entity to be able to apply for Federal awards, to request amendments to existing awards, and to enable them to closeout expiring awards. See Training and Employment Notice (TEN) 18-17 for additional guidance. Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient's registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM.gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient's immediate and highest-level owner and subsidiaries and providing information about the recipient's predecessors that have received a Federal award or contract within the last three years. Effective on April 4, 2022, the DUNS Number was replaced by a new, non-proprietary identifier requested in and assigned by SAV gov. This new identifier is called the Unique Entity Identifier (UEI), or the Entity ID. To learn more about how to access 2 your UEI, please visit the U.S. General Service Administration (GSA), Unique Entity Identifier Update webpage. If the recipient is authorized to make subawards under this Federal award, then the recipient: 1. Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient. 2. Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM. gov to obtain a UET. For the purposes of this award term: System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient. Additional information about registration procedures may be found in SAM.gov (currently at https://www.sam.gov). Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1: (1) Non-Federal entity; (2) Foreign organization; (3) Foreign public entity; (4) Domestic for-profit organization; and (5) Federal agency. Subaward has the meaning given in 2 CFR 200.1. Subrecipient has the meaning given in 2 CFR 200.1. DOL advises Federal financial assistance award recipients registered in SAM.gov to frequently review their registration information, particularly their financial information and points of contact. Assistance is available by contacting the Federal Service Desk at FSD gov. DOL routinely checks the validity of a recipient's SAM. gov registration and verifies that the recipient is not included on the excluded parties list before making an award or approving a modification to an existing award. Failure to have an active SAM.gov registration can delay award recipients from receiving their initial award or requested modifications to their existing awards. 3 DOL further encourages award recipients to review the expiration date of their SAM. gov registration and begin the renewal process well in advance, to ensure that their registration remains valid. If the award recipient has not logged in and updated its entity registration record within at least the past 365 days, its record will expire and go into inactive status. Timely renewal will ensure that the award recipient can continue to request and receive modifications to their existing grants, as well as apply for new funding opportunities. Further, the Employer Identification Number (EIN) must remain active until the award closeout process is fully completed. A(6.) Profit The recipient and subrecipients are prohibited from earning a profit resulting from the implementation of this award. As directed in 2 CFR 200.400(g), recipients and subrecipients may not earn or keep any profit resulting from Federal financial assistance unless explicitly authorized in the Federal award. A(7.) Subawards A subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to contribute to the goals and objectives of the project by carrying out part of a Federal award received by the pass-through entity. It does not include payments to a contractor, beneficiary, or participant. A subaward may be provided through any form of legal agreement consistent with criteria in 2 CFR 200.331, including an agreement the pass-through entity considers a contract. The provisions of the Terms and Conditions of this award must be applied to any subrecipient under this award. The recipient is responsible for ensuring that the Terms and Conditions and all other information required in 2 CFR 200.332(b) are in all subaward packages, and monitoring the subrecipient, including to ensure that the subrecipient complies with all applicable Federal statutes, regulations, and the Terms and Conditions of this award (2 CFR 200.101(b) and 332). A (8.) Contracts A contract means a legal instrument by which a recipient or subrecipient conducts procurement transactions under a Federal award. Additional guidance on distinguishing between a subrecipient and a contractor is provided in 2 CFR 200.331. When procuring contractors for goods and services, DOL/ETA recipients and subrecipients must follow the procurement requirements, including the requirement for full and open competition, found at 2 CFR 200.318 through 200.327 (except states and Indian tribes, which must follow 2 CFR 200.317). A(9.) Technical Assistance, Resources, and Information Additional resources, 508-compliant PowerPoints, training, and resources to assist the award recipient are located on the EJA Resources webpage and on the Grants Application and Management collection page on WorkforceOPs pra. SMART trainina 4 is a technical assistance initiative sponsored by DOL/ETA to assist its award recipients and subrecipients in improving its program/project operations through effective grants management. Please take some time to review the training modules which are focused on: Strategies for sound grant management that include: Monitoring, Accountability, Kisk mitigation and 1 ransparency. Questions regarding the content may be directed to compliance [email protected]. A(10.) Monitoring, Technical Assistance, and Additional Specific Conditions of Award All award recipients and subrecipients, including states and territories managing the Unemployment Insurance programs, may have the specific conditions of their award adjusted (2 CFR 200.208). A specific condition is based on an analysis of the following factors: 1. Review of OMB-designated repositories of government-wide data (for example, SAM. gov) or review of its risk assessment (See 200.206); 2. The recipient's or subrecipient's history of compliance with the terms and conditions of Federal awards; 3. The recipient's or subrecipient's ability to meet expected performance goals as described in 2 CFR 200.211; or 4. A determination of whether a recipient or subrecipient has inadequate financial capability to perform the Federal award. Specific conditions may include the following: 1. Requiring payments as reimbursements rather than advance payments; 2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance; 3. Requiring additional or more detailed financial reports; 4. Requiring additional project monitoring; 5. Requiring the recipient or subrecipient to obtain technical or management assistance; or 6. Establishing additional prior approvals. Award recipients may be required to obtain technical or compliance assistance through an established provider/contractor that has been selected or hired by DOL/ETA that may include in-person or remote assistance. 5 A(11.) Evaluation, Data, and Implementation Award recipients must cooperate during the implementation of a third-party evaluation. This means providing DOL/ETA or its authorized contractor with the appropriate data and access to program operating personnel and participants in a timely manner. A(12.) Conflict of Interest Recipients and subrecipients of federal assistance must have a written policy in place on conflicts of interest, including organizational conflicts of interest. The policy must include the process the recipient or subrecipient will take to identify, avoid, remove, and remedy conflicts of interest. Federal assistance recipients must disclose in writing any real or potential conflict of interest to DOL. The disclosure must notify the Grant Officer through written letter or email and contain the appropriate grant number. A conflict of interest occurs when an entity or individual's objectivity becomes impaired because there is a conflict between personal or self-serving interests and professional duties or responsibilities. Such a conflict occurs when an organization or individual has a vested interest, such as financial, status, knowledge, relationships, or reputation, which puts into question whether their actions, judgment, or decision-making can be unbiased. A conflict of interest can also arise when actions are taken or may appear to be taken by any entity involved in more than one role, such that the performance of that entity in one role affects its interest in its other role, thereby making it difficult for the entity to perform a grant process objectively and impartially. A potential conflict of interest occurs when it is reasonably foreseeable that an entity or individual's objectivity could become impaired in the future due to a conflict between personal or self-serving interests and professional duties or responsibilities. An organizational conflict of interest occurs when, because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a grant action involving a related organization. Such conflicts may be actual or potential. DOL requires that recipients of Federal funds use them in the best interest of the award program and therefore grant decisions must be free of undisclosed conflicts of interest including those that are real or potential conflicts, whether individual or organizational. When there are disclosed conflicts of interest in grant decisions, the recipient must notify DOL and take remedial action to resolve or mitigate the conflict. The signatory authority or authorized official identified on the SF-424 application further certifies through their signature on the SF-424 application that any potential conflict of interest has been identified to the appropriate Grant Officer. 6 PART B: INDIRECT COSTS, BUDGET, AND COST SHARE B(1.) Indirect Cost Rate and Cost Allocation Plan An award recipient that is claiming indirect costs to a Federal award must have a Negotiated Indirect Cost Rate Agreement (NICRA), Cost Allocation Plan (CAP), or elect to utilize the de minimis rate of 15% of modified total direct costs (MTDC). Indirect costs are costs incurred for a common or joint purpose that benefit more than one cost objective and are not readily assignable to one cost objective without specifically benefitting effort disproportionate to the results achieved. Direct costs, by contrast, can be identified specifically with a particular cost objective, such as a Federal award, or other internally or externally funded activity that can be directly assigned to such activities relatively easily with a high degree of accuracy. The association of costs with a Federal award determines whether costs are direct or indirect. If the DOL serves as the Federal Cognizant Agency (FCA) for the award recipient, then the award recipient must work with DOL's Cost & Price Determination Division (CPDD), which has delegated authority to negotiate and issue a NICRA or CAP on behalf of the Federal Government. More information about the DOL's CPDD is available at DOL's Cost& Price Determination Division (CPDD) website and provides guidelines to help develop indirect cost rates, links to the applicable cost principles, and contact information. The CPDD also has Frequently Asked Questions to provide general information about the indirect cost rate approval process and due dates for provisional and final indirect cost rate proposals. If a new NICRA is issued during the award's period of performance, it must be provided to DOL within 30 days of issuance. Funds may be re-budgeted as necessary between direct cost categories as long as they are consistent with the Budget Flexibility term within this agreement, grant requirements, and DOL regulations on prior approval. However, the total amount of the award will not be increased. B(2.) Indirect Cost Rate - Financial Reporting for NICRA and De Minimis All award recipients with an approved NICRA or de minimis rate must report indirect costs on their FINAL ETA-9130 Financial Report. If an award recipient has a NICRA and a CAP, only the indirect costs tied to the NICRA are reported on the FINAL ETA- 9130 Financial Report. The grant recipient may refer to the ETA-Э130 Report for additional guidance. B(3.) Budget - Approved The award recipient's budget documents are attached in this NOA. The documents are: 1) the SF-424, included as Attachment A. The award recipient must confirm that all costs are allowable, reasonable, necessary, and allocable before charging any expense. Pursuant to 2 CFR Part 2900, the approval of the budget as awarded does not constitute prior approval of those items specified in 2 CFR part 200 and 2 CFR part 2900 or as a 7 part of the grant award as requiring prior approval. The Grant Officer is the only official with the authority to provide such approval. Any changes to the budget that impact the Statement of Work (SOW) and agreed upon outcomes or deliverables will require a request for modification and prior approval from the Grant Officer. All period of performance extensions, including no-cost and one-time extensions, require prior approval from the Grant Officer. If the period of performance will include multiple budget periods, subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance terms and conditions of the Federal award. Unless otherwise authorized in a grant award or cooperative agreement or subsequent modification, recipients must expend funds with the shortest period of availability first. B(4.) Budget Flexibility Award recipients are not permitted to make transfers that would cause any funds to be used for purposes other than those consistent with this Federal program. Any budget changes that impact the SOW and agreed upon outcomes or deliverables require a request for modification and approval from the Grant Officer. Any request for a budget modification or non-competing extension of the final budget should be submitted to the Grant Officer, in writing, at least 30 days before the Period of Performance is scheduled to expire. Such requests usually are for a period of up to 12 months. As directed in 2 CFR 200.308(i), for programs where the Federal share is over the Simplified Acquisition Threshold (SAT) (currently $250,000), the transfer of funds among direct cost categories (for example, personnel, travel, and supplies) or programs, functions, and activities is restricted such that if the cumulative amount of a transfer exceeds or is expected to exceed 10% of the total budget, including cost share, as last approved by the Federal agency, the award recipient must receive prior approval from the Grant Officer. Any changes within a specific cost category on the SF-424A do not require a grant modification unless the change results in a cumulative transfer among direct cost categories exceeding 10% of total budget. It is recommended that the assigned Federal Project Officer or point of contact review any within-line changes to the award recipient's budget prior to implementation to ensure they do not require a modification. For programs where the Federal share of the project is below the SAT of $250,000, recipients are not required to obtain the Grant Officer's approval when transferring funds among direct cost categories. B(5.) Non-Federal Cost Sharing This award does not include a cost sharing requirement. PART C: FUNDS MANAGEMENT C(1.) Funds - Payment Management System (PMS) Upon receipt of a NOA, to draw funds from the U.S. Department of Health and Human Services (HHS) Payment Management System (P.VS), an active account must be established. To establish an account, award recipients must complete an SF-1199A and PMS Access form (shown as the PMS New User Access Request on the PMS website) (User Access). Federal award recipients do not need to complete these forms if they already have an account with PMS. C(2.) Funds - Return & Refunds DOL does not accept paper checks for any type of returned funds. For active grants, all return of funds are to be submitted electronically through the PMS operated by the HHS via the same method as a drawdown. For grants that have been cancelled or are expired (typically older than five years), incoming payments, including returns and recoveries to DOL, must be made via the Pay goy website. If there are questions regarding the return of funds, or your organization no longer has access to PMS, contact the DOL/ETA, Office of Financial Administration via email at: ETA ARieamdol 20y for further assistance. PART D: COSTS - LIMITATIONS, ITEMS, AND RESTRICTIONS D(1.) Administrative Costs Administrative costs are defined in the WIOA at 20 CFR 683.215. Limitations on administrative costs are described at 20 CFR 683.205. Under no circumstances may the administrative costs exceed these limits. The award recipient will be monitored for compliance with the administrative cost limits throughout the grant's period of performance. Any amounts that exceed these limitations will be disallowed and subject to debt collection. D(2.) Consultants For the purposes of this grant award, the Grant Officer has determined that fees paid to a consultant who provides services under a program shall be limited to $815.00 a day (representing an eight-hour workday). Such costs must be reasonable, allocable, and allowable to the program. Any fees paid in excess of this amount cannot be paid without prior approval from the Grant Officer. 9 D(3.) Equipment and Other Capital Assets The prior written approval requirements for equipment (as described in 2 CFR 200.439) is waived in accordance with 2 CFR 200.308(c)(4) and (g) and 20 CFR 683.200, and approval authority is delegated to the Governor for programs funded under Section 127 (Youth) or Section 132 (Adult & Dislocated Worker) of WIOA or under the Wagner- Peyser Act. Notwithstanding this waiver, the Grant Officer reserves the right to reimpose the requirement of prior approval, after providing advance notice to the recipient. D(4.) Pre-Award Costs All costs incurred by the award recipient prior to the start date specified in the grant award issued by the Department are incurred at the recipient's own expense. D(5.) Program Income The "Addition" method as described in 2 CFR 200.307 must be used in allocating any program income generated for this awards award. The award recipient must expend all program income prior to drawing down any additional funds as required at 2 CFR 200.305(b)(5) and 2 CFR 200.307(b). The DOL will require any program income remaining at the end of period of performance to be returned to DOL. In addition, award recipients) must report program income on the quarterly financial report using the applicable ETA-9130 or SF-425 reports. D(6.) Travel This award waives the prior approval requirement for domestic travel as contained in 2 CFR 200.475. For domestic travel to be an allowable cost, it must be necessary, allowable, reasonable, allocable and conform to the recipient's or subrecipient's written service provided by such carrier is available. D(7.) Travel - Mileage Reimbursement Rates Pursuant to 2 CFR 200.475(a), recipients and subrecipients may charge travel costs on an actual cost basis, on a per diem or mileage basis, or on a combination of the two, provided the method used is applied to an entire trip and not to selected days of the trip. The method used must be consistent with those normally allowed in like circumstances in the recipient's or subrecipient's other activities and in accordance with the recipient's or subrecipient's established written travel reimbursement policies. In the absence of an established written policy regarding travel costs, the rates and amounts established under 5 U.S.C. 5701-11 ("Travel and Subsistence Expenses; Mileage Allowances"), by the Administrator of General Services, or by the President (or their designee) pursuant to any provisions of such subchapter must apply to travel under Federal awards (48 CFR 31.205-46(a)). Mileage rates must be checked annually at GSA's Privateis Owned Vince (POV) Micase Reimbsemen Raus woopage to ensure compliance. 10 D(8.) Travel - Foreign Funds that are awarded and authorized to carry out an activity under WIOA, Subtitle B cannot be used for foreign travel. D(9.) Conferences and Conference Space Conferences sponsored in whole or in part by the award recipient are allowable if the conference is necessary and reasonable for the successful performance of the Federal award. Award recipients are urged to use discretion and good judgment to ensure that all conference costs charged to the grant are appropriate and allowable. For more information on the requirements and the allowability of costs associated with conferences, refer to 2 CFR 200.432. Recipients will be held accountable to the requirements in 2 CFR 200.432. Therefore, costs that do not comply with 2 CFR 200.432 will be questioned and may be disallowed. D(10.) Hotel-Motel Fire Safety Pursuant to 15 U.S.C. 2225a, the recipient must ensure that all space for conferences and conventions or training seminars funded in whole or in part with Federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (P.L. 101-391, as amended). Recipients may search the Hotel Motel National Vaster 125: to see if a property is in compliance, or to find other information about the Act. D(11.) WIOA Infrastructure WIOA, Section 121(b)(1)(B) and 20 CFR 678.400 require the following programs to be One-Stop partners: 1. WIOA, Title I programs: Adult, Dislocated Worker, and Youth formula programs, Job Corps, YouthBuild, Native American programs, National Dislocated Worker Grants (DWG), and NFJP; 2. Wagner-Peyser Act Employment Service (ES) program authorized under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as amended by WIOA, Title III; 3. SCSEP authorized under Title V of the Older Americans Act of 1965; 4. Trade Adjustment Assistance (TAA) activities authorized under Chapter 2 of Title Il of the Trade Act of 1974; 5. Unemployment Compensation (UC) programs; and 6. Jobs for Veterans State Grants (JVSG) programs authorized under Chapter 41 of Title 38, U.S.C. With the exception of Native American programs established under WIOA, Section 166 all One-Stop partner programs, including all programs that are funded under Title I of WIOA, are required to contribute to the infrastructure costs and certain additional costs of the One-Stop delivery system in proportion to their use and relative benefits received, per 20 CFR 678.700 and 678.760. While Native American programs are not required to contribute to infrastructure costs per WIOA Section 121(h)(2)(D)(iv), they are strongly encouraged to contribute as stated in TECI No. 17.16. The sharing and allocation of infrastructure costs between One-Stop partners is governed by WIOA Section 121(h), 11 WIOA's implementing regulations, and the Uniform Guidance at 2 CFR parts 200 and 2900. If not deemed a required one-stop partner, it is strongly recommended that the award recipient partner with the local WIOA one-stop delivery system in its service areas. The one-stop system can assist with referrals, labor market information, and many other services that will directly benefit the management and performance of your grant. The one-stop system also provides access to a wide range of publicly- and privately-funded education, employment, training, and supportive services while also providing high- quality customer service to job seekers, workers, and businesses. D(12.) Pay-For-Performance Contract Strategies If any subrecipients (Local Workforce Development Boards (LWDBs)) of the award recipient elect to set aside funds for pay-for-performance (PFP) contract strategies under 20 CFR 683.520, a separate grant agreement must be created to administer these funds. The award recipient must provide sufficient notice to the Grant Officer, through its FPO, of any LWDB's decision to reserve up to 10% of its total local Adult/Dislocated Worker or Youth allotment for PFP contract strategies so that a new grant agreement can be issued to cover those funds. The award recipient should inform its FPO as soon as an amount to be reserved under this provision has been finalized. D(13.) Procurement The Uniform Guidance (2 CFR 200.317) requires States and Indian Tribes (as defined in 2 CFR 200.1) to follow the same procurement policies and procedures they use for procurements with non-Federal funds. If such policies and procedures do not exist, States and Indian Tribes must follow the procurement standards in 200.318 through 200.327. In addition to their own policies and procedures, they must also comply with 2 CFR 200.321, 200.322, 200.323, and 200.327. All other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow the procurement standards in 200.318 through 200.327. States must also follow the requirements regarding the competitive selection of One-Stop Operators at WIOA Sections 121(d) and 123. PART E: REPORTING, AUDIT, AND CLOSEOUT E(1.) Reports - Financial Reports AIl ETA award recipients are required to submit quarterly financial and narrative progress reports for each award. 1) Financial Reports. All ETA award recipients are required to report financial data on the ETA-9130 Financial Report. Reporting quarter end dates are March 31, June 30, September 30, and December 31. ETA-9130 reports are due no later than 45 calendar days after the end of each specified reporting quarter. Due to the 12 configuration of Payment Management System (PMS), the ETA-9130 tinancial report for the quarter ending March 3 1st is due on May 16th. Quarter End Date March 31st June 30th September 30th December 31 st Quarterly ETA-9130 Due Date May 16" ugust 15 Jovember 15' February 15th A final financial report must be submitted no later than 120 calendar days after the quarter encompassing the award end date ends, or 120 calendar days after the completion of the quarter in which all funds have been expended, whichever comes first. For additional guidance on ETA's financial reporting, reference ETA-9130 Financial Reporting Resources. The instructions for accessing both the online financial reporting system and cash drawdowns using the HHS PMS can be found in the transmittal memo accompanying this NOA. E(2.) Federal Funding Accountability and Transparency Act (FFATA or Transparency Act) The prime recipient is responsible for reporting quality subaward data to the Federal Funding Accountability and Transparency Act (FFATA) of 2006 Subaward Reporting System (FSRS) that is subsequently displayed on USAspending.gov. Federal award and subaward descriptions are critical to informing the public of Federal spending by providing the public with an understanding of the purpose of the Federal award provided to the recipient. Recipients should include descriptions about award-specific activities and avoid acronyms or Federal or agency-specific terminology. Applicable to grants and cooperative agreements: I. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (a) Reporting of first-tier subawards (1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the subaward. (2) Reporting Requirements. (i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at 13 (ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (b) Reporting total compensation of recipient executives for entities (1) Applicability. The recipient must report the total compensation for each of the recipient's five most highly compensated executives for the preceding completed fiscal year if: (i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000; (ii) in the preceding fiscal year, the recipient received: (A) 80 percent or more of the recipient's annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and. (iii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 1.5.0 78ma(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at Aup /Awww. sec govansz ers: execomp htm.) (2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix: (i) As part of the recipient's registration profile at https://www.sam.gov. (ii) No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7, 2025, the executive total compensation must be reported by no later than December 31, 2025.) (c) Reporting of total compensation of subrecipient executives (1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if: (i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000; (ii) In the subrecipient's preceding fiscal year, the subrecipient received: (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, 14 (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the 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 section 6104 of the Internal Revenue Code of 1986after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.him.) (2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph (c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at hup /www.fars.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (d) Exemptions. (1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report: (i) Subawards, and (ii) The total compensation of the five most highly compensated executives of any subrecipient. (e) Definitions. For purposes of this award term: Entity includes: (1) Whether for profit or nonprofit: (i) A corporation; (ii) An association; (iii) A partnership; (iv) A limited liability company; (v) A limited liability partnership; (vi) A sole proprietorship; (vii) Any other legal business entity; (vili) Another grantee or contractor that is not excluded by subparagraph (ix) Any State or locality; (2) Does not include: (i) An individual recipient of Federal financial assistance; or (ii) A Federal employee. 15 Executive means an officer, managing partner, or any other employee holding a management position. Subaward has the meaning given in 2 CER 200.1. Subrecipient has the meaning given in 2 CFR 200.1. Total Compensation means the cash and noncash dollar value an executive earns during an entity's preceding fiscal year. This includes all items of compensation as prescribed in 17 CER 229.402(c)(2). E(3.) Integrity and Performance Matters - FAPIIS [For awards exceeding $500,000] I. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (a) General Reporting Requirement. (1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management ( SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110.417, as amended (11 LS. 2313). As required by section 3010 of Publie Law 111:212, all information posted in responsibility/qualification records in SAM.gov on or after April 15, 2011 (except past performance reviews required for Federal procurement contracts) will be publicly available. (b) Proceedings About Which You Must Report. (1) You must submit the required information about each proceeding that— (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; (ii) Reached its final disposition during the most recent five-year period; (iii) Is one of the following- (A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if 16 (1) It could have led to an outcome described in paragraph (b)(1)(i11)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations. (c) Reporting Procedures. Enter the required information in SAM. gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM. gov because you were required to do so under Federal procurement contracts that you were awarded. (d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM. gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings. (e) Definitions. For purposes of this award term- Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). E(4.) Audits Single (organization-wide) or program-specific audits must be performed in accordance with 2 CFR part 200, subpart F, the Audit Requirements of the Uniform Guidance. Non- federal entities (as defined in 2 CFR 200.1) that expend $1,000,000 or more in a year 17 from any Federal awards must have an audit conducted for that year in accordance with the requirements contained in subpart F. All other audit reports are submitted through the Federal Audit Clearinghouse. The updated audit and major program determination thresholds of $1,000,000 apply to grant recipient fiscal years beginning on or after October 1, 2024. For fiscal years beginning before October 1, 2024, auditors must adhere to the version of the Uniform Guidance in effect prior to October 1 and must not apply any compliance requirements from the 2024 Uniform Guidance revisions. For grant recipients who would like an extension on their audit report submission, they should first contact their assigned FPOs. All submissions will need to be made through the new FAC (Federal Audit Cicaringhouse) hosted by GSA. E(5.) Closeout/Final Year Requirements At the end of the grant period, the award recipient will be required to close the grant with the DOL. The grant award and cooperative agreement recipient will be notified approximately 15 days prior to the end of the period of performance that the closeout process will begin when the period of performance ends. See ETA's Grant Closeou: webpage for further information on the closeout process. The recipient's responsibilities at closeout may be found at 2 CFR 200.344. During the closeout process, the award recipient must be able to provide documentation for all direct and indirect costs that are incurred. For instance, if an organization is claiming indirect costs, the required documentation is a NICRA or CAP issued by the award recipient's FCA. For those approved to utilize a de minimis rate for indirect costs, the grant agreement or cooperative agreement is sufficient documentation. Not having documentation for direct or indirect costs will result in costs being disallowed and subject to debt collection. Administrative costs associated with the closeout activities of a Federal award (for example, salaries of personnel preparing final reports, publication and printing costs, costs associated with the disposition of equipment and property, and related indirect costs) are allowable through your NICRA, CAP, de minimis, or directly charged, as applicable, before the final Federal financial report is due (see 2 CFR 200.472(b)). Such costs cannot exceed any administrative cost limitation. The only liquidation that can occur during closeout is the liquidation of accrued expenditures (NOT financial obligations) for goods and/or services received during the period of performance specified in this award (see 2 CFR 2900). 18 PART F: NATIONAL POLICY AND RESTRICTIONS F(1.) Architectural Barriers The Architectural Barriers Act of 1968, 42 U.S.C. 4151 et seq., as amended, the Federal Property Management Regulations (see 41 CFR 102-76), and the Uniform Federal Accessibility Standards issued by the U.S. General Services Administration (GSA) (see 36 CFR 1191, Appendixes C and D) set forth requirements to make facilities accessible to, and usable by, the physically handicapped and include minimum design standards. All new facilities designed or constructed with grant support must comply with these requirements. F(2.) Act Domestic Preferences for Procurements and the Build America, Buy America The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of 2 CFR 200.322 must be included in all subawards, contracts, and purchase orders under this award. For purposes of the paragraph above: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. These funds must be expended consistent with the requirements of 41 U.S.C. 8301- 8303, commonly referred to as the Buy American Act (BAA). See WIOA section 502(a), 29 U.S.C. 3342(a). In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under WIOA title I or the Wagner-Peyser Act (29 U.S.C. 49 et seq.), it is the sense of Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. F(3.) Drug-Free Workplace The Drug-Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR 182 require that all award recipients receiving awards from any Federal agency maintain a drug-free workplace. The award recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension, termination, or debarment. 19 F(4.) Flood Insurance F(5.) The Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq., provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in communities in the United States identified as flood-prone, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within 1 year of the identification. The flood insurance purchase requirement applies to both public and private applicants for the DOL support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by Federal Emergency Management Agency (FEMA). Intellectual Property Rights, Open Licensing Rights, and the Bayh-Dole Act 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: the copyright in all products developed under the grant, including a subgrant or contract under the grant or subgrant; and any rights of copyright to which the award recipient, subrecipient or a contractor purchases ownership under an award (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 license fee for use of a copyrighted work, or the cost of acquiring by purchase a copyright in a work, where the DOL has a license or rights of free use in such work, 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 by selling products developed with grant funds, including intellectual property, these revenues are considered as program income. Program income must be used in accordance with the provisions of this grant award and 2 CFR 200.307. The following language must be on all workforce products developed in whole or in part with grant funds: "This workforce product was funded by a grant awarded by the U.S. Department of Labor (DOL)'s (insert organization's name]. The product was created by the recipient and does not necessarily reflect the official position of DOL. DOL makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This product is copyrighted by the institution that created it." As required at 2 CFR Part 2900, any intellectual property developed under a discretionary Federal award process must be in a format readily accessible and available for open licensing to the public, which allows subsequent users to copy, 20 distribute, transmit and adapt the copyrighted work and attribute the work in the manner specified by the recipient. All small business firms, and non-profit organizations (as defined in the link below, and including Institutions of Higher Education) must adhere to the Bayh- Dole Act, which requirements are provided at 37 CFR 401.3(a) and at Bayh-Dole Act Required ETA Grant Term. To summarize, these requirements describe the ownership of intellectual property rights and the government's nonexclusive, nontransferable, irrevocable, paid-up license to use any invention conceived or first actually reduced to practice in the performance of work under this grant award. These requirements are in addition to those found in the Intellectual Property Rights term above. F(6.) Public Communications - Certain Information Requirement Pursuant to Public Law (Pub.L.) 118-47, Division D, Title V, Section 505, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all recipients and subrecipients receiving Federal funds shall clearly state: 1) The percentage of the total costs of the program or project which will be financed with Federal money; 2) The dollar amount of Federal funds for the project or program; and 3) The percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. The requirements of this term are separate from those in 2 CFR Part 200 and, when applicable, both must be complied with. F(7.) Equitable Delivery of Government Benefits and Equal Protection The Department of Labor (Labor) seeks to affirmatively advance equity, civil rights and equal opportunity in the policies, programs, and services it provides. Therefore, consistent with Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, grant award and cooperative agreement recipients must execute the terms and conditions of their award in a manner that advances equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. This extends to all award activities including, but not limited to, service delivery, selection of subrecipients and contractors, and procurement of goods and services. Government programs are designed to serve all eligible individuals. As an expectation, the Department of Labor's award recipients should make the goods and services they provide widely available with the goal of effectively serving a diverse population of eligible individuals; fairly, justly, and impartially in administering the grant award. Award recipients are encouraged to engage in contracting and subcontracting for goods and services related to performing the terms and conditions of their grants in such a way to achieve equity. 21 The term "equity" means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. The term "underserved communities" refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of "equity." F(8.) Harassment Prohibited The award recipient and any subrecipients are prohibited from engaging in harassment of an individual based on race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, based on citizenship status or participation in any WIOA Title I-financially assisted program or activity. Harassing conduct of this type is a violation of the nondiscrimination provisions of WIOA and of 29 CFR Part 38. 1. Unwelcome sexual advances, requests for sexual favors, or offensive remarks about a person's race, color, religion, sex, national origin, age, disability, political affiliation or belief, or citizenship or participation, and other unwelcome verbal or physical conduct based on one or more of these protected categories constitutes unlawful harassment on that basis(es) when: i. Submission to such conduct is made either explicitly or implicitly a term or condition of accessing the aid, benefit, service, or training of, or employment in the administration of or in connection with, any WIOA title I-financially assisted program or activity; or ii. Submission to, or rejection of, such conduct by an individual is used as the basis for limiting that individual's access to any aid, benefit, service, training, or employment from, or employment in the administration of or in connection with, any WIOA Title I-financially assisted program or activity; or ili. Such conduct has the purpose or effect of unreasonably interfering with an individual's participation in a WIOA Title I-financially assisted program or activity creating an intimidating, hostile or offensive program environment. 2. Harassment because of sex includes harassment based on gender identity or sexual orientation; harassment based on failure to comport with sex stereotypes; and harassment based on pregnancy, childbirth, and related medical conditions. Sex-based harassment may include harassment that is not sexual in nature but that is because of sex or where one sex is targeted for the harassment. 22 F(9.) Equal Participation of Faith-Based Organizations and Written Notice of Beneficiary Protections On March 4, 2024, the United States Department of Labor, along with eight other agencies, issued the final rule Partnerships With Faith-Based and Neighborhood Organizations. The rule is available at 29 CFR 2.30 through 2.41. (a) Under this final rule, a faith-based organization that participates in this award program retains its independence from Federal, State, and local Governments and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law. (b) A faith-based organization may not use direct Federal financial assistance, whether received through an award or subaward, to support or engage in any explicitly religious activities. An organization receiving Federal financial assistance also must not, in providing services funded by DOL, or in conducting outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. (c) Notice to beneficiaries of programs supported by direct Federal financial assistance. Any organization providing services to beneficiaries under programs supported by direct Federal financial assistance from DOL, and any entity responsible for disbursing Federal funds as part of a program of indirect Federal financial assistance administered by DOL, must give the written notice shown below to beneficiaries and prospective beneficiaries: Name of Organization: Name of Program: Type of Federal Financial Assistance: DIRECT. See 29 CFR 2.3l for definitions. Contact Information for Program Staff: (provide name, phone number, and email address, if appropriate Because this program is supported in whole or in part by financial assistance from the Federal Government, we are required to let you know that: (1) We may not discriminate against you on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice: (2) We may not require you to attend or participate in any explicitly religious activities (including activities that involve overt religious content such as worship, religious 23 instruction, or proselytization) that are offered by our organization, and any participation by you in such activities must be purely voluntary; (3) We must separate in time or location any privately funded explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) from activities supported with direct Federal financial assistance; (4) You may report violations of these protections, including any denials of services or benefits by an organization, by contacting or filing a written complaint with the U.S. Department of Labor's Civil Rights Center, 200 Constitution Avenue NW, Room N- 4123, Washington, DC 20210, or by email to [email protected]; and (5) If you would like to seek information about whether there are any other federally funded organizations that provide these kinds of services in your area, please call toll- free 1-877-US2-JOBS (1-877-872-5627) or TTY 1-877-889-5627. This written notice must be given to you before you enroll in the program or receive services from the program, unless the nature of the service provided or exigent circumstances make it impracticable to provide such notice before we provide the actual service. In such an instance, this notice must be given to you at the earliest available opportunity. F(10.) Personally Identifiable Information The award recipients) must recognize and safeguard Personally Identifiable Information (PII) except where disclosure is allowed by prior written approval of the Grant Officer or by court order. Award recipients must meet the requirements in TEGL. No. 39.!! Guidance on the Mandling and Protection of PIL. In accordance with (Fa 21-2), if it is the practice of the grant recipient to publish NOAs on a website accessible to the public, the Department recommends that the grant recipient redact or mask the Payment System ID to prevent unauthorized use of your accounts by fraudsters. Grant award or cooperative agreement recipients should email [email protected] if they find that payments have been paid to a bank account other than their registered bank account. The subject line should read: Urgent! Payment Request Deposited to Incorrect Bank Account. F(11.) Publicity and Lobbying/Advocacy Publicity - Pursuant to Pub.L. 118-47, Division D, Title V, Section 503, the award recipient is not authorized to use any funds provided under this award other than for normal and recognized executive-legislative relationships for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation, designed to support or defeat legislation pending before the Congress or any state or local legislature or legislative body, except in presentation to the Congress or any state or 24 local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself. Lobbying/Advocacy - Pub.L. 118-47, Division D, Title V, Section 503, no federal funds may be used to pay the salary or expenses of any grant recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive legislative relationships or participation by an agency or officer of a state, local or tribal government in policymaking and administrative processes within the executive branch of that government. F(12.) Veterans' Priority Provisions 38 U.S.C.4215 requires award recipients or subrecipients to provide priority service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the DOL. The regulations implementing this priority of service can be found at 20 CFR Part 1010. In circumstances where an award recipient or subrecipient must choose between two qualified candidates for a service, one of whom is a veteran or eligible spouse, the veterans' priority of service provisions require that the award recipient or subrecipient give the veteran or eligible spouse priority of service by first providing him or her that service. To obtain priority of service, a veteran or spouse must meet the program's eligibility requirements. Award recipients and subrecipients must comply with the DOL guidance on veterans' priority. ETA's TEGL. No. 10-09 (issued November 10, 2009) provides guidance on implementing priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by F(13.) Waste, Fraud and Abuse No entity receiving Federal funds may require employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. F(14.) Whistleblower Protection All employees working for contractors, grant recipients, subcontractors, subgrantees/ subrecipients, and recipients of cooperative agreements working on this Federal award are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. The award recipient shall inform its employees and applicable contractors and subrecipients, in writing, in the predominant language of the workforce, of employee whistleblower 25 rights and protections under 41 U.S.C. 4712, as described in 3.900 through 3.906 of the Federal Acquisition Regulation. The award recipient shall insert the substance of this clause in all subawards and contracts over the Simplified Acquisition Threshold. F(15.) Executive Order 12928 - Historically Black Colleges and Universities and other Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities Pursuant to Executive Order (EO) 12928, the award recipient 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. F(16.) Executive Order 13043 - Increasing Seat Belt Use Pursuant to EO 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the award recipients are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. F(17.) Executive Order 13166 - Improving Access to Services for Persons with Limited English Proficiency As clarified by EO 13166, Improving Access to Services for Persons with Limited English Proficiency, dated August 11, 2000, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, award recipients must take reasonable steps to ensure that LEP persons have meaningful access to programs in accordance with DOL's Policy Guidance on the Prohibition of National Origin Discrimination as it Affects Persons with Limited English Proficiency, 68 FR 32289 (May 29, 2003). Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Award recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding your LEP obligations, go to LEP.gov. F(18.) Executive Order 13513 - Federal Leadership On Reducing Text Messaging While Driving Pursuant to EO 13513, Federal Leadership On Reducing Text Messaging While Driving, dated October 1, 2009, award recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles (GOV), or while driving privately-owned vehicles (POV) when on official Government business or when performing any work for or on behalf of the Government. Award recipients and subrecipients are also encouraged to conduct initiatives of the type described in section 3(a) of this order. 26 F(19.) Salary and Bonus Limitations Pursuant to Pub.L. 118-47, Division D, Title I, Section 105, award recipients and subrecipients shall not use funds to pay the salary and bonuses of an individual, either as direct costs or as indirect costs, at a rate in excess of Executive Level II. The Executive Level II salary may change yearly and is located on the OP.M. gov website. The salary and bonus limitation does not apply to contractors (vendors) providing goods and services as defined in 2 CFR 200.331. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients, taking into account factors including the relative cost-of- living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including DOL programs. See T'EGL 5-06 for additional information. When preparing indirect cost proposals, recipients and subrecipients must disclose salary breakdowns to their Federal cognizant agency (FCA) or pass-through entity so that they can properly assess compliance of TEGL 5-06. An example of proposed salary breakdowns is provided in Exhibit B at (XLS), as part of "A Guide for indirect Cost Rate Determinacion", Section III, Examples of Exhibits to Support Indirect Cost Proposals in CPDD's website. To determine unallowable compensation in excess of TEGL 5-06, refer to this tank in CPDD's website. Grant recipients may contact CPDD for any guidance or questions. After evaluating and disallowing costs (when applicable) in excess of TEGL 5-06, the FCA or pass-through entity should issue applicable rates compliant with this requirement. Note that the same Excel file could also be used to determine unallowable direct compensation in excess of TEL 5-06. Unallowable direct costs must remain as part of the indirect cost allocation base. PART G: NATIONAL PROHIBITIONS AND OTHER RESTRICTIONS G(1.) Contracting with Corporations with Felony Criminal Convictions Prohibited The award recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months. G(2.) Contracting with Corporations with Unpaid Tax Liabilities Prohibited The award recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have 27 lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. G(3.) Trafficking in Persons Prohibited 2 CPR 175.200 establishes a government-wide award term for grants and cooperative agreements to implement the requirement in regard to Trafficking in persons. a) Provisions applicable to a recipient that is a private entity. 1. Under this award, the recipient, its employees, subrecipients under this award, and subrecipient's employees must not engage in:- i. Severe forms of trafficking in persons; or ii. The procurement of a commercial sex act during the period of time that this award or any subaward is in effect; or iii. The use of forced labor in the performance of this award or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts: (A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; (B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: (1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; (D) Charging recruited employees a placement or recruitment fee; or (E) Providing or arranging housing that fails to meet the host country's housing and safety standards. 2. DOL as the Federal awarding agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award: i.Is determined to have violated a prohibition in paragraph a)l. of this award term; or 28 ii.Has an employee who is determined to have violated a prohibition in paragraph a)l. of this award term through conduct that is either- (A) Associated with performance under this award; or (B) Imputed to you (the recipient) or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 2998. b. Provision applicable to a recipient other than a private entity. 1. DOL as the Federal awarding agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award i. Is determined to have violated a prohibition in paragraph a)l. of this award term; or ii. Has an employee who is determined to have violated a prohibition in paragraph a)l. of this award term through conduct that is either- (A). Associated with performance under this award; or (B). Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 29 CFR Part 98. Provisions applicable to any recipient. 1. The recipient must inform DOL and the DOL Office of the Inspector General immediately of any information you (the recipient) receive from any source alleging a violation of a prohibition in paragraph a)l. of this award term. DOL's right to unilaterally terminate this award as described in paragraph a.2 or b.l of this award term: Implements the requirements of 22 U.S.C. 78, and Is in addition to all other remedies for noncompliance that are available to DOL under this award. 3. The award recipient must include the requirements of paragraph a)1. of this award term in any subaward the award recipient makes to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: 1. An individual employed by the award recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 29 ii. Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements. 2. "Private Entity" means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. 3. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). G(4.) Health Benefits Coverage for Contraceptives Federal funds received under this award may not be used to enter into or renew a contract that includes a provision for prescription drug coverage unless the contract also includes a provision for contraceptive coverage. This requirement does not apply to contracts with 1) the religious plans Personal Care's HMO and OSF Health Plans, Inc. and 2) any existing or future plan if the carrier for the plan objects to such covcrage on the basis of religious beliefs. In implementing this section, any plan that enters into or renews a contract may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individuals' religious beliefs or moral convictions. Nothing in this term shall be construed to require coverage of abortion or abortion-related services. G(5.) Health Benefits Coverage for Abortions Restricted Pursuant to Pub.L. 118-47, Division D, Title V, Section 506 and 507, Federal funds received under this award may not be expended for health benefits coverage that includes coverage of abortions, except when the pregnancy is the result of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself that would, as certified by a physician, place the women in danger of death unless an abortion is performed. This restriction does not prohibit any recipient or subrecipient from providing health benefits coverage for abortions when all funds for that specific benefit do not come from a Federal source. Additionally, no funds made available through this award may be provided to a State or local government if such government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. 30 G(6.) Fair Labor Standards Act Amendment for Major Disasters Pursuant to Pub.L. 118-47, Division H, Title I, Section 108, the Fair Labor Standards Act of 1938 (FLSA) will apply as if the following language was added to Section 7 (the Maximum Hours Worked Section). This language specifically relates to occurrences of a major disaster (as declared or designated by the state or federal government) and are applied for a period of two years afterwards. The language is as follows: "(s)(1) The provisions of this section [maximum hours worked shall not apply for a period of 2 years after the occurrence of a major disaster to any employee... (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (A) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (B) whose duties include any of the following: (1) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; inspecting property damage or reviewing factual information to prepare damage estimates; evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) negotiating settlements; or (V) making recommendations regarding litigation. (2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1) [of the FLSA] (3) For purposes of this subsection (A) the term 'major disaster' means any disaster or catastrophe declared or designated by any State or Federal agency or department; (B) the term 'employee employed to adjust or evaluate claims resulting from or relating to such major disaster' means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and (C) the term 'affiliate' means a company that, by reason of ownership or control of 25% or more of the outstanding shares of any class of voting 31 securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company." G(7.) Blocking Pornography Required Pursuant to Pub.L. 118-47, Division D, Title V, Section 520, no Federal funds received under this award may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. G(8.) Privacy Act No funds can be used in contravention of 5 U.S.C. 552a (the Privacy Act) or regulations implementing the Privacy Act. G(9.) Procuring Goods Obtained Through Child Labor Prohibited Pursuant to Pub.L. 118-47, Division D, Title I, Section 103, no Federal funds received under this award may be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries identified by the DOL prior to December 29, 2022. DOL has identified these goods and services at ILAB's LiSLOT Products Produced by Forced or Indentured onud Labor webpage. G(10.) Promotion of Drug Legalization Restricted Pursuant to Pub.L. 118-47, Division D, Title V, Section 509, no Federal funds received under this award shall be used for any activity that promotes the legalization of any drug or other substance included in Schedule I of the schedules of controlled substances established under Section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications or where there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. G(11.) Purchase of Sterile Needles or Syringes Restricted Pursuant to Pub.L. 118-47, Division D, Title V, Section 526, no Federal funds received under this award shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug. This limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law. 32 G(12.) Restrictions Against the Creation or Research of Embryos Pursuant to Pub.L. 118-47, Division D, Title V, Section 508, no Federal funds received under this award shall be used for (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). For purposes of this term, the term "human embryo or embryos" includes any organism, not protected as a human subjected under 45 CFR 46 as of March 23, 2024, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. PART H: ATTACHMENTS H(1.) AMachinenLA: SF-424 H(2.) Attachment B. Paymert Managament System Access Loner 33 Attachment A: SF-424 Attachment B: Payment Management System Access Letter (For payment draw-down and financial reporting) U.S. Department of Labor/ETA Office of Grants Management 200 Constitution Avenue, N.W. - Room N-4716 Washington, D.C. 20210 Dear Recipient: Congratulations on your recent award. This document provides instructions on how to access your organization's funding, as well as how to submit quarterly ETA-9130 Financial Reports. Award recipients accomplish both tasks using the Payment Management System (PMS), operated by the U.S. Department of Health and Human Services (HHS). All grant recipients must have an ID.me account to gain access to PMS. Establishing your ID.me account is the first step in the PMS process. User access requests for grant recipients will only be approved if you have an ID.me account. If you have questions related to creating an ID.me account or need technical assistance with accessing PMS via ID.me, instructions and additional guidance can be found at hups: xms.hhs.gov/[email protected] peas.hami. For Existing PMS Users If your organization has previously received a grant or cooperative agreement with ETA, a PMS account already exists, and it's where you can find your new grant award funding. The front page of your grant award will have the following information to help access your funding in PMS: • The last eight digits of the Federal Award Identification Number (item 12) of the new grant or cooperative agreement (e.g., XX123456), • Award amount (item 20), and The PMS Employer Identification Number (EIN) (item 3) (e.g., 1123456789X1) where the new grant or cooperative agreement funding resides under a payee account (e.g., 5h43B). Recipients may add or amend account access and banking information using the links below. To add or remove PMS account access for your organization, please visit: hups:/pma.pso @oy/grant-respions/user acoes5.himt To add a bank account to your PMS account, please visit: hips. eras.pss.894/2/308/220 piers/banking add change heml For new PMS Users When issuing a grant award, a PMS account has been set up for your organization. A payee account (e.g., 5h43B) also has been established, and it's where you can find funding for your new grant award. The front page of your grant award will have the following information to access to your account: • The last eight digits of the Federal Award Identification Number (item 12) of the new grant or cooperative agreement (e.g., XX123456), • Award amount (item 20), and • The PMS Employer Identification Number (EIN) (item 3) (e.g., 1123456789X1) where the new grant or cooperative agreement funding resides under a payee account (e.g., As a new PMS user, you will need to add or amend account access and banking information using the links below. • To add or remove PMS account access for your organization, please visit: https://pms.psc.govigrant-recipients/uscr-access.html • To add a bank account to your PMS account, please visit: hups://pms.pse.gov/arant-recipients/barking.add-change.html Submitting Federal Financial Reports in PMS Recipients must report quarterly financial data on the ETA-9130 Financial Report, which is due as shown below: Quarter End Date March 31 June 30 September 30 December 31 Quarterly ETA-9130 Due Date May 16 August 15 November 15 February 15 A final financial report for the last quarter of the period of performance must be submitted no later than 120 calendar days after the expiration of the grant period of performance. Additional information on financial reporting can be found in TEGL. No. 16-22 and TEOL No. 16-22. Change 1. Recipients must submit financial reports through PMS. Recipient staff who are submitting/certifying financial reports on behalf of their organization must log in to PMS and update their permissions to request access to the financial report forms. • For general instructions on financial report submission, visit: hips: /pris. psc.gov/grant recipients/te-updates. • Grant Recipients' financial reports can be found by: Login PMS → select "Menu" → Federal Financial Reporting → Federal Financial Reporting • A Financial Report User Guide can be found by: Login PMS → select "Menu" → Federal Financial Reporting → FFR Grantee User Guide PMS Help Desk If you need assistance with your PMS account, information on the PMS Helpdesk can be found at https://pms.psc.gov/supoor/help-desk.html. • Please contact the PMS Help Desk at (877) 614-5533 or [email protected] • Recipients may also submit a service ticket online and access more services using the Self-Service Web Portal at: https://gditshared.servicenowservices.com/hhs_pms SATYORK Department STATE OF OPPORTUNITY of Labor SECTION VI SUBRECIPIENT ATTESTATION PISTATE-LENEL TRAINING AND SUPPORTIVE SERVICES FENDAGGRANT SUBRECIPIENT AGREEMENT Section VI State-Level Training and Supportive Services Funding Grant Subrecipient Attestation _ (NAME], in my capacity as [TITLE] and on behalf of [SUBRECIPIENT NAME], hereinafter referred to as "Subrecipient": • Affirm and assert that the Subrecipient has received and reviewed Notice of Award/Obligation Subrecipient Agreement and associated attachments, hereinafter collectively referred to as the "Agreement", for the Program Year 2024 State-Level Training and Supportive Services Funding Grant (SWA Fiscal Incentive for PY23); • Affirm that the Subrecipient possesses the capacity to fulfill all responsibilities identified in the Agreement and assume liability for funds received; and • Agree to comply with all applicable federal and state statues, regulations, and award terms and conditions as reflected in the Agreement. Signature of Chief Elected Official (CEO) or authorized signatory for the Local Workforce Development Area for fiscal reporting to NYS Department of Labor is required below. Date: Signature: Mr. Ms. Other Title: Address 1: Address 2: City: State: Phone: Typed Name of Signatory: Zip: E-mail: Submittal directions: An original signature is not required for this attestation. Electronic signatures are acceptable. Please complete and save with digital signature (or print and scan). Email the Portable Document Format (PDF) to: [email protected] [email protected] If you prefer to mail the attestation with an original signature, please mail to: NYS Department of Labor Division of Employment & Workforce Solutions Office of Workforce Investments Gov. Harriman State Office Campus Building 12, Room 436 Albany, NY 12226 *Red fields are required NEW Kathy Hochul, Governor Roberta Reardon, Commissioner May 23, 2025 Ms. Susan J. Serino County Executive Dutchess County Dutchess County Office Building 22 Market Street, 6th Floor Poughkeepsie, New York 12601 Dear Ms. Serino: Congratulations. In accordance with Technical Advisory #18-06.4, Primary Indicators of Performance for Titles I and Ill under the Workforce Innovation and Opportunity Act (WIOA), your local area has met the necessary Adult, Dislocated Worker, and Youth programmatic criteria to be eligible for additional funds for training and supportive service needs. Your local area has requested and been approved for $50,333.33. These funds are approved for the period July 01, 2024, through June 30, 2026. As the pass-through entity of Workforce Innovation and Opportunity Act (WIOA) funds to your local area, New York State Department of Labor (NYSDOL) is required to execute the attached Subrecipient Agreement incorporating all fiscal and operational aspects of the grant and includes the following sections: Subrecipient Cover Page Il. Notice of Obligational Authority (NOA) III. Program Letter 24-01, State-Level Training and Supportive Services Funding IV. Technical Advisory #18-06.4, Primary Indicators of Performance for Titles I and III under the Workforce Innovation and Opportunity Act (WIA) V. PeopleSoft Account Code Guide VI. USDOL Notice of Obligational Authority (NOO) VIl. Attestation All expenditures, accruals, and obligations allowable under the State-Level Training and Supportive Services Funding Grant (RR Program Incentive) must be reported monthly in PeopleSoft under Program Code 126 for Program Year 2024 (PY24) using only the PeopleSoft account codes in Section V. No other account codes are allowed under this grant Please review the attached Subrecipient Agreement and complete and return the attestation document (Section VII) by COB, Friday, May 30, 2025. The attestation requires signature by the Chief Elected Official (CEO) or authorized signatory for the LWDA for the fiscal reporting to NYSDOL. W. Averell Harriman State Office Campus Building 12, Room 440, Albany, NY 12226 www.labor.ny.gov Any questions concerning this information should be directed to Mr. Nicholas Gratch, State Representative at 518-457-3239. Sincerely, Kerry Douglas-Duffy Kerry Douglas-Duffy Director Bureau of Workforce Innovation & Quality Attachments) CC: Dr. Louise McLoughlin Ms. Amanda Dushaj Mr. Nicholas Gratch Mr. John Forte Ms. Fenting Li Ms. Rachel Adler 2 W. Averell Harriman State Office Campus Building 12, Room 440, Albany, NY 12226 www.labor.ny.gov NEW YORK STATE OF OPPORTUNITY. Department of Labor Subrecipient Agreement State-Level Training and Supportive Services Funding Grant Grant # 24A55AW000099 Kerry Douglas-Duffy, Director Bureau of Workforce Innovation & Quality BEsoak| Department of Labor Table of Contents Section I - Subrecipient Cover Page Section II - Notice of Obligational Authority (NOA) Section I|I - Program Letter 24-01, State Level Training and Supportive Services Funding Section IV - Technical Advisory #18-06.4 Section V - PeopleSoft Account Code Guide Section VI - USDOL Notification of Obligation (NOO) Section VII - Subrecipient Attestation PEAN-TENE TRANNOND SE SERVICES SERVICESFENDNGGRANE SBRECIPIENE AGREEMEN! NEWYORK Department STATE OF OPPORTUNIT' of Labor SECTION I SUBRECIPIENT COVER PAGE PYZA ST WE-LEVEL TRAINING AND SUPPORTIVE SERVICES EL VOINGGRANT SUBRECPIENT AGREEMENT NYS Department of Labor Division of Employment & Workforce Solutions Subrecipient Agreement Notification of Award/Obligation: Program Year 2024 Program Incentive Grant Federal Award Identification Number: 24A55AW000099 CFDA No. 17.278 Federal Award Date: 07/23/24 Under the authority of the Workforce Innovation and Opportunity Act, this grant or agreement is entered into between the above named Grantor Agency and the following named Subrecipient Awardee, tor a project entitled - Program Year 2024 Program Incentive Grant Subrecipient: UEl Number: Project Description: Subaward Period of Performance: Total Funds Committed to Subrecipient (unless otherwise amended): Indirect Cost Rate: R&D Grant: Susan J. Serino Dutchess County Executive D3RRG8P2LNQ4 PY24 Program Incentive Grant 07/01/24 to 06/30/26 $50,333.33 To Be Determined Not applicable Payments to subrecipients will be made via the Notice of Obligational Authority process with subrecipients reporting expenditures, accruals, and obligations via the PeopleSoft Financial application. n performing its responsibilities under this subrecipient agreement, the subrecipient assures that it will fully comply with all applicable state and federal rules and regulations including but not limited to the following NYSDOL Technical Advisories. federal regulations, and federal cost principles, including any subsequent amendment: NYS Department of Labor Technical Advisories: 1) TA #21-4 "Monitoring - New York State Department of Labor (NYSDOL) Workforce Innovation and Opportunity Act (WIA) Monitoring/Oversight of and Provision of Technical Assistance to Local Workforce Development Boards (LWDBs) and LWDB Responsibilities Relating to NYSDOL's Monitoring Process" haps dol./.go/ system fresiciocuments.202105.ta-2:-04-ga-moncoring-03-25-2021.odt 2) TA #21-5 "Monitoring - Remote and/or Onsite Subrecipient Oversight and Monitoring Responsibilities for Chief Elected Officials (CEOs) and Local Workforce Development Boards (LWDBs)" haps. col ny. gov system files documents 2021.06 ta-21-05-subrecipient-monitoring-06-25-2021 pdl 3) TA #11-2.4 "Financial Reporting and Cash Draw-down Policy and Procedures for WIOA, Trade Adjustment Act and Other Federal Funding" 4) TA #17-4 "Final Fiscal Closeout of Expiring Federal Funds" maps. 5) TA #16-2 "Retention of Records by Local Workforce Development Boards" and a des, goversam Mes doc mens 2021 03 -15-02 adi USDOL Grant Agreement / Notification of Award / Obligation Includes Uniform Administrative Requirements, Cost Principles, and Other Requirements (as applicable). MEWYORK Department STATE OF OPPORTUNITY of Labor SECTION II NOTICE OF OBLIGATIONAL AUTHORITY (NOA) Py2+STATE-LEVEL TRAINING AND SUPPORTIVE SERVICESEL VDING GRANT SRRECPIENT VGREEVENTI NYS Department of Labor Division of Employment & Workforce Solutions Program: NOA Number: Grantor: FAIN: LWDA Name: LWDA Assigned Number: fUEl Number: Subrecipient Contact: Subrecipient Contact Title Program RR Program Incentive PY24 Representative Name: Phone Number: NOTICE OF OBLIGATIONAL AUTHORITY (NOA) Authorizing Program Year 2024 RR Program Incentive Grant Title 1-B Funding This funding is authorized for the period 07/01/2024 through 06/30/2026 RR Program Incentive Program Year 2024 RR Program Incentive PY24-1 Governor of New York through the NYS Department of Labor 24A55AW000099 Local Workforce Development Area (LWDA) Subrecipient Information Dutchess County 60 D3RRG8P2LNQ4 Susan J. Serino Dutchess County Executive WIOA Title 1-B Prior CFDA # Approved Level 17.278 $0.00 Change (per this NOA) $50,333.33 NYSDOL Contact Information Nicholas Gratch (315) 479-3239 New Level $50,333.33 Approvalienature: Kerry Douglas-Duffy Bureau of Workforce Innovation & Quality 5/23/2025 NEW YORK Department STATE OF OPPORTUNITY of Labor SECTION III PROGRAM LETTER 24-01.1, STATE-LEVEL TRAINING AND SUPPORTIVE SERVICES FUNDING PYL+STATE-LEVEL TRAINING AND SUPPORTIVE SERVICES FENDINGORANT SUBRECIPIENT AGREEMENT New York State Department of Labor WAverell Harman State Office Campus Bulding 12 Room 440 Albany NY 12226 Workforce Development System Program Guidance Letter #24-01.1 May 21, 2025 Workforce Development Community State-Level Training and Supportive Services Funding To: SUBJECT: PURPOSE Notify Local Workforce Development Boards (LWDBs) that State-level funds will be made available to interested and eligible LWDBs to utilize for Adult, Dislocated Worker (DW), and/or Youth training and supportive services purposes. ACTION The New York State Department of Labor (NYSDOL) will issue up to a total of $2.5M in State-level funds to interested and eligible LWDBs through a Notice of Obligational Authority (NOA) process to fund training (including work experiences (WEX) for Youth) and supportive services (i.e., assistance with transportation, childcare, and housing; referrals to legal aid services and healthcare; and assistance with work and/or training- related items such as electronic devices for participants, if $999 or less per unit). See Attachment A: PeopleSoft Codes for State-Level Training and Supportive Services Payments for appropriate fiscal reporting. Note: These State-level funds cannot be used for administrative purposes or to provide Workforce Innovation and Opportunity Act (WIOA) career services. An LWDB is eligible for this funding if it met the WIOA-required 80% obligation rate for Program Year (PY) 2023 Adult and DW funds, and can advise that they are also on track to do so for PY 2024. LWDBs are not required to meet the 80% obligation rate for PY 2023 Youth funds to be eligible for this incentive, but these funds can be used to support training and supportive services for Youth, if needed Note: If LWDBs utilize incentive funds on Youth WEX, these funds do not count toward the annual WIOA 20% WEX expenditure requirement. Funding will be issued to eligible and interested LWDBs on the following scale • Small LWDBs (Columbia-Greene, Sullivan, and Tompkins) - Up to $50,000; • Medium LWDBs (All others, except small and large LWDBs) - Up to $100,000; and Department of Labor 05-21-2025 • Large LWDB (New York City) - Up to $150,000. All State-level training and supportive services funds received must be expended by June 30, 2026. Interested and eligible LWDBs must contact their local Fiscal Oversight and Technical Assistance (FOTA) representative to request funds and attest that awarded funds will be expended by June 30, 2026. ADDITIONAL INFORMATION Issued State-level funding to LWDBs for these purposes is subject to the following Workforce Development System Technical Advisories and Program Guidance Letters (WDS TAs and PGLs): • TA #11-02.5: UPDATED Financial Reporting and Cash Draw-down Policy and Procedures for Workforce Innovation and Opportunity Act, Workforce Investment Act, Trade Adjustment Act and Other Federal Funding; • TA #16-02: Retention of Records by Local Workforce Development Boards; • TA #17-04: Final Fiscal Closeout of Expiring Federal Funds; • TA #17-O7: Use of One-Stop Operating System and Re-Employment Operating System; • TA #21-04: Monitoring - New York State Department of Labor (NYSDOL) Workforce Innovation and Opportunity Act (WIOA) Monitoring/Oversight of and Provision of Technical Assistance to Local Workforce Development Boards (LWDBs) and LWDB Responsibilities Relating to NYSDOL's Monitoring Process; • TA #21-05: Monitoring - Remote and/or Onsite Subrecipient Oversight and Monitoring Responsibilities for Chief Elected officials (CEOs) and Local Workforce Development Boards (LWDBs); • PGL #24-02: Guidance on Waiver Requests for the Workforce Innovation and Opportunity Act (WIOA) 80% Obligation Requirement for Title I Adult, Dislocated Worker (DW), and Youth Formula Funds; and • TA #23-01: Serving Priority Populations and Priority of Service under the Workforce Innovation and Opportunity Act (WIOA) Title I Adult Program. The One-Stop Operating System (OSOS) is the primary case management system used for tracking all services provided to customers throughout the Workforce Development System. A State-Level Training and Supportive Services OSOS Desk Guide was created to assist staff in recording services allowable under this program. All staff completing data entry must comply with TA #17-07. REFERENCES Workforce Innovation and Opportunity Act (WOA) Section 134 NEW ORK 2 Department of Labor 05-21-2025 20 CFR Part 680 - Subpart B Training and Employment Guidance Letter (TEGL) No. 19-16 INQUIRIES Questions regarding this PGL may be directed to [email protected]. ATTACHMENTS A: PeopleSoft: Codes for State-Level Training and Supportive Services Payments PArE or Lartment — 05-21-2025 NEWYORK Department STATE OF OPPORTUNITY of Labor SECTION IV TECHNICAL ADVISORY #18-06.4, PRIMARY INDICATORS OF PERFORMANCE FOR TITLES I AND III UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT (WIOA) PICASTATE LEVEL IRMNNG ANDSUPPORTIVE SERVICESEE NDING GRANT SUBRECPIEVT AGREEMENT New York State Department of Labor WAverell Hariman State Office Campus Buiding 12 Room 440 Albany NY 12226 ww 1900/2/001 To: SUBJECT: Workforce Development System Technical Advisory #18-06.4 May 5, 2025 Workforce Development Community Primary Indicators of Performance for Titles I and Ill under the Workforce Innovation and Opportunity Act (WIOA) PURPOSE Identify the WIOA Primary Indicators of Performance and how they apply to the programs delivered under Titles I and III of WIOA. Establish policy on performance goals and the assessment of performance for the Primary Indicators of Performance under WIOA for Title I Adult, Dislocated Worker (DW) and Youth programs, and Title III Wagner-Peyser Act (W-P) program. Establish procedures for Local Workforce Development Boards (LWDBs) to negotiate and reach agreement with New York State (NYS) on Local Workforce Development Area (LWDA) goals for the Primary Indicators of Performance for Titles I and I!!. Inform LWDBs of the New York State Department of Labor (NYSDOL) policy on issuing incentive payments for achievement of WIOA performance standards for the Title I Adult, DW, and Youth programs. Rescind and replace Workforce Development System Technical Advisory (WDS TA) #17-5 - Primary Indicators of Performance: Local Workforce Development Area Goals and Negotiations for Workforce Innovation and Opportunity Act Program Years 2016 and 2017, Titles | and III (May 31, 2017). POLICY WIOA Primary Indicators of Performance States and LWDBs are held to six (6) Primary Indicators of Performance established by WIOA for the Title I Adult, DW and Youth, and Title Ill Wagner-Peyser programs. Note that the majority of the indicators are not applied uniformly across each program; some indicators are not applicable to specific programs, and others have different definitions for certain programs. Effectiveness in Serving Employers indicator is the only indicator reported as a shared outcome among all six (6) core WIOA programs. 1 (Department STATE of Labor 05-05-2025 Table 1 identifies each indicator and the Title I and Ill programs it applies to: Adult/Dislocated Worker Youth Wagner-Peyser Second Quarter Employment Rate Fourth Quarter Employment Rate r r Median Earnings Credential Attainment Measurable Skills Gains Effectiveness in Serving Employers r r Note that in NYS, participants of the Trade Adjustment Assistance (TAA) program are co-enrolled in the DW program. Therefore, TAA participants are included in the Primary Indicators of Performance as DWs. The six (6) Primary Indicators of Performance* are defined as: 1. Second Quarter Employment Rate - The percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program. Note that for Title I Youth, the indicator is the percentage of participants in education or training activities, or in unsubsidized employment during the second quarter after exit; 2. Fourth Quarter Employment Rate - The percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program. • Note that for Title I Youth, the indicator is the percentage of participants in education or training activities, or in unsubsidized employment during the fourth quarter after exit; 3. Median Earnings - The statistical median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program; 4. Credential Attainment - The percentage of participants enrolled in an education or training program (excluding those in on-the-job training and customized training) who attained an industry recognized postsecondary credential, or 2 'ORK STATE Department - of Labor 05-05-2025 certificate of completion of an apprenticeship, or certificate approved by the NYS Education Department (NYSED) or another State agency, or a secondary school diploma. A participant who has attained a secondary school diploma or its recognized equivalent is included in the percentage of participants who have attained a secondary school diploma or its recognized equivalent only if the participant also is employed or is enrolled in an education or training program leading to a postsecondary credential approved by NYSED or another State agency within one (1) year after exit from the program; 5. Measurable Skill Gains - The percentage of program participants who, during a Program Year (PY), are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment. Measurable skill gains are defined as documented academic, technical, occupational, or other forms of progress toward a postsecondary credential or employment; and 6. Effectiveness in Serving Employers - Retention in unsubsidized employment with the same employer in the second and fourth quarters after exit. • Note that this is the only indicator reported as a shared outcome between the WIOA core programs and will begin to be reported in PY 2024. *Adult Priority of Service is not a Primary Indicator of Performance. Performance Goals Performance goals for the Primary Indicators of Performance will be established at both the State and Local level through a negotiation process. WIOA identifies three (3) types of performance goals: 1. Proposed goals (referred to as "expected levels of performance" in Training and Employment Guidance Letter (TEGL) No. 11-19, Change 2) - Performance goals established prior to the negotiation process that act as the starting point of the negotiation. NYSDOL will develop Proposed goals for LWDBs and the State; 2. Negotiated goals - Performance goals that are agreed upon by the parties involved in the negotiation process; and 3. Adjusted goals - Negotiated goals are recalculated after the end of each PY using the Statistical Adjustment Model* to account for circumstances that take place during the PY that could not be anticipated during the negotiation process. *Additional information on the Statistical Adjustment Model is provided in the next part of this WDS TA. The determination of Proposed and Negotiated goals must be based primarily on the following four (4) factors: 1. The Statistical Adjustment Model; Department of Labor 05-05-2025 a. WIOA requires the use of a Statistical Adjustment Model that factors in actual economic conditions (unemployment rates, job losses or gains in specific industries, etc.), and characteristics of participants served (lack of or poor work history, lack of educational or occupational skills, lack of literacy or English proficiency, homelessness, justice involvement, etc.). The United States Departments of Labor and Education (USDOL/USDOE) developed a model for use in State Performance negotiations, and additional information on the model can be found in TEGL 11-19, Change 1. Similarly, NYSDOL has developed a model for Local negotiations. 2. The promotion of Continuous Improvement; 3. The Government Performance and Results Act (GPRA) of 1993; and 4. Performance of similar states or LWDAs. As noted previously, the Statistical Adjustment Model will be reapplied to the Negotiated goals after the end of the PY, resulting in the Adjusted goals. Assessment of Performance WIOA establishes three (3) scores for the assessment of performance: 1. Individual indicator score - The actual outcomes for each of the primary indicators of performance are compared to the Adjusted goals within each program; 2. State Program score - The actual outcomes of a core program across all indicators are compared to the Adjusted goals for that program. The percentages are then averaged, resulting in the overall State program score for each core program (i.e., Title | Adult, DW, and Youth, Title II Adult Ed, Title III Wagner-Peyser, and Title IV Vocational Rehabilitation); and 3. State Indicator score - The individual indicator score for each of the primary indicators of performance across all programs (i.e. Title I Adult, DW, and Youth, Title II Adult Ed, Title III Wagner-Peyser, and Title IV Vocational Rehabilitation) is averaged to calculate the State Indicator score. Note that the individual indicator score must be calculated first. These scores are applied differently at the State and Local level as follows: State-Level Performance State-level performance is assessed by USDOL's Employment & Training Administration (ETA) based on all three (3) scores: Individual Indicator score; State Program score; and State Indicator score. State performance is considered unsatisfactory when any of the following occur: • Any of the Individual Indicator scores fall below 50% for the PY; 4 NEW YORK Department STATE of Labor 05-05-2025 • Any State Program score falls below 90% for the PY; or • Any State Indicator score falls below 90% for the PY. If the State receives an unsatisfactory performance rating, the State will receive technical assistance, including assistance in the development of a Performance Improvement Plan (PIP), provided by USDOL/ETA. Furthermore, fiscal sanctions will be applied if the State receives an unsatisfactory performance rating on the same measure for two (2) consecutive PYs. Note that this does not apply to the Adult Priority of Service metric, which is not negotiated with USDOL/ETA. A rate of 75% has been set by USDOL/ETA for every state and territory, with a requirement that each state/territory serve at least 50.1% of Adult Program participants in individualized and training services from one (1) of three (3) priority groups. Therefore, the State is required to strictly meet the 50.1% requirement and not at least 50% of the established 75% goal. Local-Level Performance Local-level performance is assessed by NYSDOL on the Individual Indicator score only, and is limited to performance of the Title I (Adult, DW, and Youth) programs. Actual performance outcomes will be compared to the LWDB's Adjusted goals after the close of the PY to determine if Local performance goals were achieved. WIOA allows the State flexibility in defining unsatisfactory performance at the Local level. As such, NYS's unsatisfactory performance threshold is an outcome-to-goal ratio of less than 80% per indicator for a PY. The LWDB must develop a PIP for unsatisfactory performance of an indicator in a PY. NYSDOL will also provide technical assistance, which may include assistance in the development of the PIP, and/or other actions designed to assist the local area in improving performance. If a local area receives unsatisfactory performance for the same indicator for three (3) consecutive PYs, the Governor must take corrective action which includes development of a reorganization plan. The Governor will: • Require the appointment and certification of a new LWDB; or • Prohibit the use of eligible providers and one-stop partners that have been identified as achieving poor levels of performance; or • Take other significant actions as deemed appropriate. Note that Local-Level Performance impacts State-Level Performance. Therefore, unsatisfactory performance on the Local level can lead to fiscal sanctions at the State level. Local-Level and Adult Priority of Service Performance Incentive Payments NEW Department of Labor 05-05-2025 Beginning in PY 2024, NYSDOL will set aside up to $5M of its State-level WIOA funding to award to LWDBs as performance incentive payments for meeting 15 of the 15 WIOA Primary Indicators of Performance in the proceeding PY. Note that incentive payments are not currently available for the Effectiveness in Serving Employers indicator. NYSDOL recognizes the importance of serving priority populations most in need. Per WDS TA #23-01: Serving Priority Populations and Priority of Service under the Workforce Innovation and Opportunity Act (WIOA) Title | Adult Program, NYSDOL requires at least 50.1% WIOA Title | Adults receiving individualized career or training services in each LWDA to fall into at least one (1) of the following three (3) priority populations for the Adult Priority of Service metric: 1. Recipients of public assistance; Other low-income individuals; and Individuals who are basic skills deficient, which includes English Language Learners. To ensure these populations receive appropriate individualized and training services, and are adequately identified in the State's case management system, NYSDOL is including this metric in performance incentives. At NYSDOL's discretion, additional incentive payments may be made to those LWDBs increasing their Adult Priority of Service percentage by 10% or more over the course of a PY. Note that annual incentive payments for both local-level and Adult Priority of Service performance is not guaranteed and is based on funding availability and current fiscal integrity. ACTION LWDBs must: 1. Ensure all NYS Career Center staff understand the Primary Indicators of Performance, Local goals, and the operational procedures to achieve the goals; and 2. Negotiate Local Primary Indicators of Performance goals. At the beginning of each negotiation cycle, NYSDOL will calculate Proposed goals for each LWDA based primarily on the Statistical Adjustment Model and provide them on the NYSDOL website at Performance Indicators & Goals | Department of Labor (ny.gov). NYSDOL will notify LWDB Directors via email when the Proposed goals for the PYs being negotiated are ready. The notification will contain deadlines related to the process and any necessary additional instructions. 6 NEW YORK STATE Department of Labor 05-05-2025 LWDBs must review Proposed goals for their LWDA in collaboration with One- Stop Career Center Managers and determine if the Proposed goals are acceptable or need to be negotiated further. Each LWDB must provide its determination to NYSDOL via email to [email protected], with a copy to their local State Program Monitor, using the subject line "{LWDA Name} Performance Goal Negotiation." The body of the email must demonstrate collaboration with Career Center Managers in the LWDA, and contain: a. The PY(s) the LWDB wishes to negotiate; b. The indicators) the LWDB wishes to negotiate and the desired goal for each indicator; c. Justification of the level of desired goal; and d. The indicators which the LWDB accepts from the Proposed goals provided by NYSDOL, thereby making them Negotiated goals. Upon receipt of this email from an LWDB, NYSDOL will coordinate with the LWDB to negotiate agreement on the goals for the identified indicators) as necessary. The negotiation process will be conducted via email. If NYSDOL and the LWDB are unable to reach agreement via email, NYSDOL will schedule a conference call to complete the negotiation process. Once negotiations are complete, the Negotiated goals will be posted on the NYSDOL website at Performance Indicators & Goals | Department of Labor (ny.gov). Negotiated goals are revised after the end of the PY using the Statistical Adjustment Model, resulting in Adjusted goals. Adjusted goals will also be posted on the NYSDOL website at Performance Indicators & Goals | Department of Labor (ny.gov) and will be used to determine Local Performance as noted in the Policy section of this WDS TA. REFERENCES Workforce Innovation and Opportunity Act §677.155, §677.190, §677.200, §677.215, and §677.220 WIOA Effectiveness in Serving Employers Performance Indicator Final Rule (February 23, 2024) TEGL No. 10-16, Change 3 (June 11, 2024), Performance Accountability Guidance for Workforce Innovation and Opportunity Act (WIOA) Core Programs IEGL No. 11-19, Change 2 (January 6, 2025), Negotiations and Sanctions Guidance for the Workforce Innovation and Opportunity Act (WIOA) Core Programs NEW YORK Department STATE of Labor 05-05-2025 WDS TA #23-01: Serving Priority Populations and Priority of Service under the Workforce Innovation and Opportunity Act (WIOA) Title | Adult Program INQUIRIES Questions regarding this TA may be directed to [email protected]. 8 Departmen of Labo 05-05-2025 NEWYORK Department STATE OF OPPORTUNITY of Labor SECTION V PEOPLESOFT ACCOUNT CODE GUIDE PYZ+STATE-LEVEL TRAINING AND SUPPORTIVE SERVICESELADINGORANT SUBRECIPIENT AGREEMENT PeopleSoft Codes For State-Level Training and Supportiv Account 513100 513200 513300 513400 513500 514000 515000 518000 553100 553200 553300 553400 553500 554000 555000 558000 593100 593200 593300 593400 593500 594000 595000 598000 Description Training - General Training - ITA Training - Contract Training - Customized Training - OJT Needs Related Payments Supportive Services Youth Work Experience Accrued - Training • General Accrued - Training - ITA Accrued - Training - Contract Accrued - Training - Customized Accrued - Training - OJT Accrued - Needs Related Payments Accrued - Supportive Services Accrued - Youth Work Experience Obligated - Training - General Obligated - Training - ITA Obligated - Training - Contract Obligated - Training - Custom Obligated - Training - OJT Obligated - Needs Related Payments Obligated - Supportive Services Obligated - Youth Work Experience e Services Payments Corresponds to: Training Services Training Services Training Services Training Services On the Job Training (OJT) Needs Related Payments Supportive Services Youth Work Experience Accrued Training Services Accrued Training Services Accrued Training Services Accrued Training Services Accrued OT Accrued Needs Related Payments Accrued Supportive Services Accrued Youth Work Experience Obligated Training Services Obligated Training Services Obligated Training Services Obligated Training Services Obligated OJT Obligated Needs Related Payments Obligated Supportive Services Obligated Youth Work Experience NEWYORK Department STATE OR DPPORTUNITT / of Labor SECTION VI USDOL NOTICE OF OBLIGATIONAL AUTHORITY (NOO) PY2+STATE-LEVEL TRAINING AND SUPPORTINE SERVICES NDINGGRANT SUBRECIPIENT AGREEMENT Department of Labor Recipient Information 1. Recipient Name DEPARTMENT OF LABOR NEW YORK 12 State St OFC Campus Albany. NY 12240-0001 518.457.1384 2. Congressional District of Recipient 3. Payment System Identifier (ID) 1146013200P3 4. Employer Identification Number (EIN) 146013200 5. Data Universal Numbering System (DUNS) 306730607 6. Recipient's Unique Entity Identifier (UEI) GGO6NSXORLUS 7. Project Director or Principal Investigator Mr Castopher Wrie Depury Commissioner of Worklorse Develorcien: Chestopher White, labor my goy 5:8.457-:072 8. Authorized Official Mr. Kerer Ronce Director of Finance karen reca@labor ny goy 518457-2647 Federal Agency Information ETA Office of Grants Vonegement 9. Awarding Agency Contact Information Ms. Janice Sheeior Grants Managemer: Officer Shenior Janicefudoi gor 202-593-3538 10.Program Official Contact Information Mis Katalear & Bar agra Federai Project Officer 30. Remarks Notice of Award Award# 24A55AW000099 0101 FAIN# 24A55AW000099 Federal Award Date: 10/25/2024 Federal Award Information 11. Award Number 21A53AW000099 01-01 12. Unique Federal Award Identification Number (FAIN) MASSA W000090 13. Statutory Authority Workforce Innovage and Opportury 4e. PI 1:3:29 14. Federal Award Project Title PY 2024 W!DA Dislocated Worker Progran: 15. Assistance Listing Number 7278 16. Assistance Listing Program Title MIDA Disc Work: For a Pars 17. Award Action Type DO: 18. Is the Award R&D? Summary Federal Award Financial Information 19. Budget Period Start Date 076: 2025 - End Date :50:0/2027 20. Total Amount of Federal Funds Obligated by this Action 20a. Direct Cost Amount 20b. Indirect Cost Amount 21. Authorized Carryover 22. Offset 23. Total Amount of Federal Funds Obligated this budget period 24. Total Approved Cost Sharing or Matching, where applicable 25. Total Federal and Non-Federal Approved this Budget Period 26. Period of Performance Start Date 0701/2034 - End Date 04302022 27. Tos Sharing or herite verd of perigraproved 28. Authorized Treatment of Program Income 29. Grants Management Officer - Signature 1900» 5*0:300 : 20 50.00 3. 00 523319020 S: 00 33.0:8730 13070% Page 1 Department of Labor Recipient Information Recipient Name DEPARTMENT OF LABOR NEW YORK 12 State St OFC Campus Albany. NY 12240-0001 S18-457.1384 Congressional District of Recipient 20 Payment Account Number and Type :146013200P3 Employer Identification Number (EIN) Data 146013200 Universal Numbering System (DUNS) 806730607 Recipient's Unique Entity Identifier (UEI) 31. Assistance Type 32. Type of Award 34. Accounting Classification Codes FY-ACCOUNT NO. :7:0003725 13010A05.9-OWOA04E30 3370305803 125380M Notice of Award Award# 24ASSAW000099-01•01 FAIN# 24ASSAW000099 Federal Award Date: 10/25/2024 33. Approved Budget (Excludes Direct Assistance) 1. Financial Assistance from the Federal Awarding Agency Only l1. Total project costs including grant funds and all other financial participation a. Salaries and Wages b. Fringe Benefits c. TotalPersonnel Costs d. Equipment e. Supplies f. Travel 50.00 50.00 50 00 50.00 50.00 50.00 g. Construction h. Other i. Contractual S0: 7391330; 50 :: j. TOTAL DIRECT COSTS k. INDIRECT COSTS I. TOTAL APPROVED BUDGET m. Federal Share n. Non-Federal Share S10: :033x7.00 50 De $101.715.387 00 S10: 745337.00 50 00 DOCUDENT ADMICORATIVE: CEST A (У0С00УVE 4W300399 %: 3013 7773 7.333 APPROPRIATION 5010. 573÷2330 703323 Page 2 Department of Labor Notice of Award Award# 24A55AW000099-01-01 FAIN# 24A55A W000099 Federal Award Date: 10/25/2024 Remarks (Continuation) I- accordance with Framing and Employment Guidance Letter (TEG) No 13 23. this Votice of Award canse toe PY 2023 Advance pondon of the PY 2034 alloren for he WIDA file! Dislocaied Worker prograry setavities. Note racked are the updated grant tens ted conditions dorsisawandais accordance wids che revisions to 2 CER no 200 duniform Adorniscative Requirements. Cost Prismoles. and Audi: Ronu roments for Federal Awards and STA guidance jabished in TEGL No. 05.34 The SF424 application for roderai assistance was incinded in the origa: PY 2024 2a. canens for W01 grants. Page 3 AWARD ATTACHMENTS DEPARTMENT OF LABOR NEW YORK 1. NY-PY-2024 WIOA DW Terms and Conditions UG Revisions 24A55AW000099-01-01 PY 2024 Workforce Innovation and Opportunity Act (WIOA) Dislocated Worker Program Activities - Annual Funding Agreement TABLE OF CONTENTS PART A: GENERAL AWARD, SYSTEM FOR AWARD MANAGEMENT AND UNIFORM GUIDANCE....... A(l.) A(2.) A (3.) APPLICABLE REQUIREMENTS TRAINING AND EMPLOYMENT GUIDANCE LETTER (TEGL). SF-424, APPLICATION FOR FEDERAL ASSISTANCE, AND SF-424B, ASSURANCES AND CERTIFICATIONS.................... A (4.) A(S.) A (6.) A(7.) A (8.) A (9.) A (10.) FEDERAL PROJECT OFFICER.. SYSTEM FOR AWARD MANAGEMENT (SAM.GOV) .. PROFIT... SUBAWARDS. CONTRACTS. TECHNICAL ASSISTANCE, RESOURCES, AND INFORMATION MONITORING, TECHNICAL ASSISTANCE, AND ADDITIONAL SPECIFIC CONDITIONS OF AWARD.. A (ll.) EVALUATION, DATA, AND IMPLEMENTATION.. A (12.) CONFLICT OF INTEREST... PART B: INDIRECT COSTS, BUDGET, AND COST SHARE.. B(1.) INDIRECT COST RATE AND COST ALLOCATION PLAN B(2.) INDIRECT COST RATE - FINANCIAL REPORTING FOR NICRA AND DE MINIMIS.. B(3.) BUDGET - APPROVED B(4.) BUDGET FLEXIBILITY. B (5.) NON-FEDERAL COST SHARING.. PART C: FUNDS MANAGEMENT.... C(1.) FUNDS - PAYMENT MANAGEMENT SYSTEM (PMS) ...... C(2.) FUNDS - RETURN & REFUNDS PART D: COSTS - LIMITATIONS, ITEMS, AND RESTRICTIONS. D(1.) ADMINISTRATIVE COSTS. D(2.) CONSULTANTS.. D(3.) EQUIPMENT AND OTHER CAPITAL ASSETS D(4.) PRE-AWARD COSTS. D(5.) PROGRAM INCOME.... D(6.) TRAVEL...... D(7.) TRAVEL - MILEAGE: REIMBURSEMENT RATES D(8.) TRAVEL - FOREIGN... D(9.) CONFERENCES AND CONFERENCE SPACE.. 1 2 2 ...2 ...4 .... 4 ..4 .4 5 ...6 ...6 ... 7 ...7 ...7 ..7 8 ...9 .... 9 ...9 ....9 ... 9 ... 9 9 ...10 -10 ... 10 10 ... 10 11 11 D(10.) HOTEL-MOTEL FIRE SAFETY... 11 D(11.) WIOA INFRASTRUCTURE 11 D(12.) PAY-FOR-PERFORMANCE CONTRACT STRATEGIES 12 D(13.) PROCUREMENT.. 12 PART E: REPORTING, AUDIT, AND CLOSEOUT... 12 E(l.) REPORTS - FINANCIAL REPORTS.. 12 E(2.) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA OR TRANSPARENCY ACT) .... 13 E(3.) INTEGRITY AND PERFORMANCE MATTERS - FAPIIS [FOR AWARDS EXCEEDING $500,000]. 16 E(4.) AUDITS... 17 E(5.) CLOSEOUT/FINAL YEAR REQUIREMENTS. 18 PART F: NATIONAL POLICY AND RESTRICTIONS... 19 F(1.) ARCHITECTURAL BARRIERS .... 19 F(2.) DOMESTIC PREFERENCES FOR PROCUREMENTS AND THE BUILD AMERICA, BUY AMERICA ACT.. 19 F(3.) DRUG-FREE WORKPLACE... 19 F(4.) FLOOD INSURANCE. 20 F(5.) INTELLECTUAL PROPERTY RIGHTS, OPEN LICENSING RIGHTS, AND THE BAYH-DOLE ACT... 20 F(6.) PUBLIC COMMUNICATIONS - CERTAIN INFORMATION REQUIREMENT. 21 F(7.) EQUITABLE DELIVERY OF GOVERNMENT BENEFITS AND EQUAL PROTECTION 21 F(8.) HARASSMENT PROHIBITED..... 22 F(9.) EQUAL PARTICIPATION OF FAITH-BASED ORGANIZATIONS AND WRITTEN NOTICE OF BENEFICIARY PROTECTIONS... 23 F(10.) PERSONALLY IDENTIFIABLE INFORMATION.. 24 F(11.) PUBLICITY AND LOBBYING/ADVOCACY 24 F(12.) VETERANS' PRIORITY PROVISIONS.. 25 F(13.) WASTE, FRAUD AND ABUSE... 25 F(14.) WHISTLEBLOWER PROTECTION ... 25 F(15.) EXECUTIVE ORDER 12928 - HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND OTHER MINORITY INSTITUTIONS SUCH AS HISPANIC-SERVING INSTITUTIONS AND TRIBAL COLLEGES AND UNIVERSITIES.. 26 F(16.) EXECUTIVE ORDER 13043 - INCREASING SEAT BELT USE.. .. 26 F(17.) EXECUTIVE ORDER 13166 - IMPROVING ACCESS TO SERVICES FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY.. .. 26 F(18.) EXECUTIVE ORDER 13513 - FEDERAL LEADERSHIP ON REDUCING TEXT MESSAGING WHILE DRIVING ........... ..26 F(19.) SALARY AND BONUS LIMITATIONS ..27 PART G: NATIONAL PROHIBITIONS AND OTHER RESTRICTIONS ... 27 G (l.) CONTRACTING WITH CORPORATIONS WITH FELONY CRIMINAL CONVICTIONS PROHIBITED...... G (2.) CONTRACTING WITH CORPORATIONS WITH UNPAID TAX LIABILITIES PROHIBITED... 27 G (3.) TRAFFICKING IN PERSONS PROHIBITED G(4.) HEALTH BENEFITS COVERAGE FOR CONTRACEPTIVES.. G (5.) HEALTH BENEFITS COVERAGE FOR ABORTIONS RESTRICTED .. G (6.) FAIR LABOR STANDARDS ACT AMENDMENT FOR MAJOR DISASTERS.... G(7.) BLOCKING PORNOGRAPHY REQUIRED G (8.) PRIVACY ACT... G(9.) PROCURING GOODS OBTAINED THROUGH CHILD LABOR PROHIBITED G (10.) PROMOTION OF DRUG LEGALIZATION RESTRICTED G(11.) PURCHASE OF STERILE NEEDLES OR SYRINGES RESTRICTED .. G(12.) RESTRICTIONS AGAINST THE CREATION OR RESEARCH OF EMBRYOS.. PART H: ATTACHMENTS............. H(1.) ATTACHMENT A: SF-424 ...... H (2.) ATTACHMENT B: PAYMENT MANAGEMENT SYstEM ACCESS LETTER.. ....27 .. 28 .. 30 ...30 31 32 32 32 32 32 ....33 .. 33 ..................33 ........... 33 PART A: GENERAL AWARD, SYSTEM FOR AWARD MANAGEMENT AND UNIFORM GUIDANCE A(l.) Applicable Requirements The recipient of this Federal award must assure to fully comply with the rules and requirements specified in the award document. Program requirements may be located in the Funding Opportunity Announcement (FOA), statutes, Executive Orders, government-wide regulations, agency regulations, agency policy guidance such as Training Employment Guidance Letter (TEGL), and the terms outlined in the award A(2.) The following authorities apply to your activities under this Federal award. It is recommended that the award recipient contact DOL when questions arise about what requirements apply in the event of any inconsistency between the terms and conditions of this Notice of Award (NOA) and other requirements. • Workforce Innovation and Opportunity Act (WIOA). • Other applicable Federal statutes. Further Consolidated Appropriations Act, 2024, dated March 23, 2024. Implementing Regulations. The Office of Management and Budget (OMB) Guidance, including the Uniform Guidance at 2 CFR part 200, as amended (see Guidance for Federal Financial Assistance, 89 Fed. Reg. 30046 (Apr. 22, 2024)) and DOL regulations at part 2900. • Executive Orders and Presidential Memoranda. • The U.S. Department of Labor (DOL) directives. • Terms and conditions of this award The funds that are provided under this NOA must be expended according to all applicable Federal statutes, regulations and policies, including those of the Workforce Innovation and Opportunity Act (WIOA), the applicable approved WIOA State Plan (including approved modifications and amendments to the plan), and any waiver plan approved under WIOA Section 189(i)(3) or Workforce Flexibility (Workflex) plan approved under WIOA Section 190, the negotiated performance levels and policies established pursuant to the Secretary's authority under WIOA Section 116, and the applicable provisions in the appropriations acts). Training and Employment Guidance Letter (TEGL) The Training and Employment Guidance Letter (TEGL) No. 12-23 and any amendments found at hotos www.dol.co/'agencies caradysomes pel 2:23 are hereby incorporated into this NOA. Award recipients are bound by the authorizations, restrictions, and requirements contained in the funding opportunity announcement. Therefore, the expenditure of funds by the award recipient certifies that your organization has read and will comply with all the parts that are contained in the NOA. Notice of Award The funds provided under this Notice of Award (NOA) must be expended according to all applicable Federal statutes, regulations and policies, and the applicable provisions in the appropriations acts). The funds shall be obligated and expended via a NOA. These obligations and expenditures may not exceed the amount awarded by the NOA unless otherwise amended by the ETA. A(3.) SF-424, Application for Federal Assistance, and SF-424B, Assurances and Certifications The signed SF-424, Application for Federal Assistance, has been included as an attachment to this award. The individual that signed the SF-424 on behalf of the applicant is considered the Authorized Representative of the applicant. As stated in block 21 of the SF-424 form, the signature of the Authorized Representative on the SF- 424 certifies that the award recipient is in compliance with the Assurances and Certifications form SF-424B available at Grants.gov. The award recipient does not need to submit the SF-424B separately. A (4.) Federal Project Officer A (5.) The name and contact information of the DOL/ETA Federal Project Officer (FPO) for this award is found on the first page of this Notice of Award in field #10. This individual is your main point of contact with DOL. The individual is not authorized to change any of the terms or conditions of the award or approve prior approval requests. Any changes to the terms or conditions or prior approvals must be approved by the Grant Officer through the use of a formally executed award amendment process. System for Award Management (SAM.gov) A SAM. gov registration is required for an entity to be able to apply for Federal awards, to request amendments to existing awards, and to enable them to closeout expiring awards. See Training and Employment Notice (TEN) 18-17 for additional guidance. Unless exempt from this requirement under 2 CFR 25.110, the recipient must maintain a current and active registration in SAM.gov. The recipient's registration must always be current and active until the recipient submits all final reports required under this Federal award or receives the final payment, whichever is later. The recipient must review and update its information in SAM. gov at least annually from the date of its initial registration or any subsequent updates to ensure it is current, accurate, and complete. If applicable, this includes identifying the recipient's immediate and highest-level owner and subsidiaries and providing information about the recipient's predecessors that have received a Federal award or contract within the last three years. Effective on April 4, 2022, the DUNS Number was replaced by a new, non-proprietary identifier requested in and assigned by SA V. a0%. This new identifier is called the Unique Entity Identifier (UEI), or the Entity ID. To learn more about how to access 2 your UEI, please visit the U.S. General Service Administration (GSA), Unique Entity Identifier Update webpage. If the recipient is authorized to make subawards under this Federal award, then the recipient: 1. Must notify potential subrecipients that no entity may receive a subaward until the entity has provided its UEI to the recipient. 2. Must not make a subaward to an entity unless the entity has provided its UEI to the recipient. Subrecipients are not required to complete full registration in SAM. gov to obtain a UEI. For the purposes of this award term: System for Award Management (SAM.gov) means the Federal repository into which a recipient must provide the information required for the conduct of business as a recipient. Additional information about registration procedures may be found in SAM.gov (currently at https://www.sam.gov). Entity is defined at 2 CFR 25.400 and includes all of the following types as defined in 2 CFR 200.1: (1) Non-Federal entity; (2) Foreign organization; (3) Foreign public entity; (4) Domestic for-profit organization; and (5) Federal agency. Subaward has the meaning given in 2 CFR 200.1. Subrecipient has the meaning given in 2 CFR 200.1. DOL advises Federal financial assistance award recipients registered in SAM. gov to frequently review their registration information, particularly their financial information and points of contact. Assistance is available by contacting the Federal Service Desk at ESD.221. DOL routinely checks the validity of a recipient's SAM. gov registration and verifies that the recipient is not included on the excluded parties list before making an award or approving a modification to an existing award. Failure to have an active SAM.gov registration can delay award recipients from receiving their initial award or requested modifications to their existing awards. 3 DOL further encourages award recipients to review the expiration date of their SAM. gov registration and begin the renewal process well in advance, to ensure that their registration remains valid. If the award recipient has not logged in and updated its entity registration record within at least the past 365 days, its record will expire and go into inactive status. Timely renewal will ensure that the award recipient can continue to request and receive modifications to their existing grants, as well as apply for new funding opportunities. Further, the Employer Identification Number (EIN) must remain active until the award closeout process is fully completed. A (6.) Profit A(7.) The recipient and subrecipients are prohibited from earning a profit resulting from the implementation of this award. As directed in 2 CFR 200.400(g), recipients and subrecipients may not earn or keep any profit resulting from Federal financial assistance unless explicitly authorized in the Federal award. Subawards A subaward means an award provided by a pass-through entity to a subrecipient for the subrecipient to contribute to the goals and objectives of the project by carrying out part of a Federal award received by the pass-through entity. It does not include payments to a contractor, beneficiary, or participant. A subaward may be provided through any form of legal agreement consistent with criteria in 2 CFR 200.331, including an agreement the pass-through entity considers a contract. The provisions of the Terms and Conditions of this award must be applied to any subrecipient under this award. The recipient is responsible for ensuring that the Terms and Conditions and all other information required in 2 CFR 200.332(b) are in all subaward packages, and monitoring the subrecipient, including to ensure that the subrecipient complies with all applicable Federal statutes, regulations, and the Terms and Conditions of this award (2 CFR 200.101(b) and .332). A (8.) Contracts A contract means a legal instrument by which a recipient or subrecipient conducts procurement transactions under a Federal award. Additional guidance on distinguishing between a subrecipient and a contractor is provided in 2 CFR 200.331. When procuring contractors for goods and services, DOL/ETA recipients and subrecipients must follow he procurement requirements. including the requirement for full and open competition. found at 2 CFR 200.318 through 200.327 (except states and Indian tribes, which must follow 2 CFR 200.317). A(9.) Technical Assistance, Resources, and Information Additional resources, 508-compliant PowerPoints, training, and resources to assist the award recipient are located on the t: A Resourpes wehoase and on the Grants Application and Management collection page on WorecOPS og. SMART pzine 4 is a technical assistance initiative sponsored by DOL/ETA to assist its award recipients and subrecipients in improving its program/project operations through effective grants management. Please take some time to review the training modules which are focused on: Strategies for sound grant management that include: Monitoring, Accountability, Risk mitigation and Transparency. Questions regarding the content may be directed to compliance [email protected]. A(10.) Monitoring, Technical Assistance, and Additional Specific Conditions of Award All award recipients and subrecipients, including states and territories managing the Unemployment Insurance programs, may have the specific conditions of their award adjusted (2 CFR 200.208). A specific condition is based on an analysis of the following 1. Review of OMB-designated repositories of government-wide data (for example, SAM. gov) or review of its risk assessment (See 200.206); 2. The recipient's or subrecipient's history of compliance with the terms and conditions of Federal awards; 3. The recipient's or subrecipient's ability to meet expected performance goals as described in 2 CFR 200.211; or 4. A determination of whether a recipient or subrecipient has inadequate financial capability to perform the Federal award Specific conditions may include the following: 1. Requiring payments as reimbursements rather than advance payments; 2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance; 3. Requiring additional or more detailed financial reports; 4. Requiring additional project monitoring; 5. Requiring the recipient or subrecipient to obtain technical or management assistance; or 6. Establishing additional prior approvals. Award recipients may be required to obtain technical or compliance assistance through an established provider/contractor that has been selected or hired by DOL/ETA that may include in-person or remote assistance. 5 A(11.) Evaluation, Data, and Implementation Award recipients must cooperate during the implementation of a third-party evaluation. This means providing DOL/ETA or its authorized contractor with the appropriate data and access to program operating personnel and participants in a timely manner. A (12.) Conflict of Interest Recipients and subrecipients of federal assistance must have a written policy in place on conflicts of interest, including organizational conflicts of interesi. The policy must include the process the recipient or subrecipient will take to identify, avoid, remove, and remedy conflicts of interest. Federal assistance recipients must disclose in writing any real or potential conflict of interest to DOL. The disclosure must notify the Grant Officer through written letter or email and contain the appropriate grant number. A conflict of interest occurs when an entity or individual's objectivity becomes impaired because there is a conflict between personal or self-serving interests and professional duties or responsibilities. Such a conflict occurs when an organization or individual has a vested interest, such as financial, status, knowledge, relationships, or reputation, which puts into question whether their actions, judgment, or decision-making can be unbiased. A conflict of interest can also arise when actions are taken or may appear to be taken by any entity involved in more than one role, such that the performance of that entity in one role affects its interest in its other role, thereby making it difficult for the entity to perform a grant process objectively and impartially. A potential conflict of interest occurs when it is reasonably foreseeable that an entity or individual's objectivity could become impaired in the future due to a conflict between personal or self-serving interests and professional duties or responsibilities. An organizational conflict of interest occurs when, because of relationships with a parent company, affiliate, or subsidiary organization, the recipient or subrecipient is unable or appears to be unable to be impartial in conducting a grant action involving a related organization. Such conflicts may be actual or potential. DOL requires that recipients of Federal funds use them in the best interest of the award program and therefore grant decisions must be free of undisclosed conflicts of interest including those that are real or potential conflicts, whether individual or organizational. When there are disclosed conflicts of interest in grant decisions, the recipient must notify DOL and take remedial action to resolve or mitigate the conflict. The signatory authority or authorized official identified on the SF-424 application further certifies through their signature on the SF-424 application that any potential conflict of interest has been identified to the appropriate Grant Officer. 6 PART B: INDIRECT COSTS, BUDGET, AND COST SHARE B(1.) Indirect Cost Rate and Cost Allocation Plan An award recipient that is claiming indirect costs to a Federal award must have a Negotiated Indirect Cost Rate Agreement (NICRA), Cost Allocation Plan (CAP), or elect to utilize the de minimis rate of 15% of modified total direct costs (MTDC). Indirect costs are costs incurred for a common or joint purpose that benefit more than one cost objective and are not readily assignable to one cost objective without specifically benefitting effort disproportionate to the results achieved. Direct costs, by contrast, can be identified specifically with a particular cost objective, such as a Federal award, or other internally or externally funded activity that can be directly assigned to such activities relatively easily with a high degree of accuracy. The association of costs with a Federal award determines whether costs are direct or indirect. If the DOL serves as the Federal Cognizant Agency (FCA) for the award recipient, then the award recipient must work with DOL's Cost & Price Determination Division (CPDD), which has delegated authority to negotiate and issue a NICRA or CAP on behalf of the Federal Government. More information about the DOL's CPDD is available at DOL's Cost & Price Determination Division (CPDDi website and provides guidelines to help develop indirect cost rates, links to the applicable cost principles, and contact information. The CPDD also has Frequently Asked Questions to provide general information about the indirect cost rate approval process and due dates for provisional and final indirect cost rate proposals. If a new NICRA is issued during the award's period of performance, it must be provided to DOL within 30 days of issuance. Funds may be re-budgeted as necessary between direct cost categories as long as they are consistent with the Budget Flexibility term within this agreement, grant requirements, and DOL regulations on prior approval. However, the total amount of the award will not be increased. B(2.) Indirect Cost Rate -- Financial Reporting for NICRA and De Minimis All award recipients with an approved NICRA or de minimis rate must report indirect costs on their FINAL ETA-9130 Financial Report. If an award recipient has a NICRA and a CAP, only the indirect costs tied to the NICRA are reported on the FINAL ETA- 9130 Financial Report. The grant recipient may refer to the ETA -2130 Report for additional guidance. B(3.) Budget - Approved The award recipient's budget documents are attached in this NOA. The documents are: 1) the SF-424, included as Attachment A. The award recipient must confirm that all costs are allowable, reasonable, necessary, and allocable before charging any expense. Pursuant to 2 CFR Part 2900, the approval of the budget as awarded does not constitute prior approval of those items specified in 2 CFR part 200 and 2 CFR part 2900 or as a 7 part of the grant award as requiring prior approval. The Grant Officer is the only official with the authority to provide such approval. Any changes to the budget that impact the Statement of Work (SOW) and agreed upon outcomes or deliverables will require a request for modification and prior approval from the Grant Officer. All period of performance extensions, including no-cost and one-time extensions, require prior approval from the Grant Officer. If the period of performance will include multiple budget periods, subsequent budget periods are subject to the availability of funds, program authority, satisfactory performance, and compliance terms and conditions of the Federal award. Unless otherwise authorized in a grant award or cooperative agreement or subsequent modification, recipients must expend funds with the shortest period of availability first. B(4.) Budget Flexibility Award recipients are not permitted to make transfers that would cause any funds to be used for purposes other than those consistent with this Federal program. Any budget changes that impact the SOW and agreed upon outcomes or deliverables require a request for modification and approval from the Grant Officer. Any request for a budget modification or non-competing extension of the final budget should be submitted to the Grant Officer, in writing, at least 30 days before the Period of Performance is scheduled to expire. Such requests usually are for a period of up to 12 months. As directed in 2 CFR 200.308(i), for programs where the Federal share is over the Simplified Acquisition Threshold (SAT) (currently $250,000), the transfer of funds among direct cost categories (for example, personnel, travel, and supplies) or programs, functions, and activities is restricted such that if the cumulative amount of a transfer exceeds or is expected to exceed 10% of the total budget, including cost share, as last approved by the Federal agency, the award recipient must receive prior approval from the Grant Officer. Any changes within a specific cost category on the SF-424A do not require a grant modification unless the change results in a cumulative transfer among direct cost categories exceeding 10% of total budget. It is recommended that the assigned Federal Project Officer or point of contact review any within-line changes to the award recipient's budget prior to implementation to ensure they do not require a modification. For programs where the Federal share of the project is below the SAT of $250,000, recipients are not required to obtain the Grant Officer's approval when transferring funds among direct cost categories. 8 B(5.) Non-Federal Cost Sharing This award does not include a cost sharing requirement. PART C: FUNDS MANAGEMENT C(1.) Funds - Payment Management System (PMS) Upon receipt of a NOA, to draw funds from the U.S. Department of Health and Human Services (HHS) Payment Management System (PMS), an active account must be established. To establish an account, award recipients must complete an SF-1199A and PMS Access form (shown as the PMS New User Access Request on the PMS website) (User Access). Federal award recipients do not need to compete these forms if they already have an account with PMS. C(2.) Funds - Return & Refunds DOL does not accept paper checks for any type of returned funds. For active grants, all return of funds are to be submitted electronically through the PMS operated by the HHS via the same method as a drawdown. For grants that have been cancelled or are expired (typically older than five years), incoming payments, including returns and recoveries to DOL, must be made via the Pay goy website. If there are questions regarding the return of funds, or your organization no longer has access to PMS, contact the DOL/ETA, Office of Financial Administration via email at: L:TA-ARamdol goy for further assistance. PART D: COSTS - LIMITATIONS, ITEMS, AND RESTRICTIONS D(1.) Administrative Costs Administrative costs are defined in the WIOA at 20 CFR 683.215. Limitations on administrative costs are described at 20 CFR 683.205. Under no circumstances may the administrative costs exceed these limits. The award recipient will be monitored for compliance with the administrative cost limits throughout the grant's period of performance. Any amounts that exceed these limitations will be disallowed and subject to debt collection. D(2.) Consultants For the purposes of this grant award, the Grant Officer has determined that fees paid to a consultant who provides services under a program shall be limited to $815.00 a day (representing an eight-hour workday). Such costs must be reasonable, allocable, and allowable to the program. Any fees paid in excess of this amount cannot be paid without prior approval from the Grant Officer. 9 D(3.) Equipment and Other Capital Assets The prior written approval requirements for equipment (as described in 2 CFR 200.439) is waived in accordance with 2 CFR 200.308(c)(4) and (g) and 20 CFR 683.200, and approval authority is delegated to the Governor for programs funded under Section 127 (Youth) or Section 132 (Adult & Dislocated Worker) of WIOA or under the Wagner- Peyser Act. Notwithstanding this waiver, the Grant Officer reserves the right to reimpose the requirement of prior approval, after providing advance notice to the recipient. D(4.) Pre-Award Costs All costs incurred by the award recipient prior to the start date specified in the grant award issued by the Department are incurred at the recipient's own expense. D(5.) Program Income The "Addition" method as described in 2 CFR 200.307 must be used in allocating any program income generated for this awards award. The award recipient must expend all program income prior to drawing down any additional funds as required at 2 CFR 200.305(b)(5) and 2 CFR 200.307(b). The DOL will require any program income remaining at the end of period of performance to be returned to DOL. In addition, award recipients) must report program income on the quarterly financial report using the applicable ETA-9130 or SF-425 reports. D(6.) Travel This award waives the prior approval requirement for domestic travel as contained in 2 CFR 200.475. For domestic travel to be an allowable cost, it must be necessary, allowable, reasonable, allocable and conform to the recipient's or subrecipient's written policies and procedures. All travel must also comply with Fly America Act (49 USC 40118), which states in part that any air transportation, regardless of price, must be performed by, or under a code-sharing arrangement with, a U.S. Flag air carrier if service provided by such carrier is available. D(7.) Travel - Mileage Reimbursement Rates Pursuant to 2 CFR 200.475(a), recipients and subrecipients may charge travel costs on an actual cost basis, on a per diem or mileage basis, or on a combination of the two, provided the method used is applied to an entire trip and not to selected days of the trip. The method used must be consistent with those normally allowed in like circumstances in the recipient's or subrecipient's other activities and in accordance with the recipient's or subrecipient's established written travel reimbursement policies. In the absence of an established written policy regarding travel costs, the rates and amounts established under 5 U.S.C. 5701-11 ("Travel and Subsistence Expenses; Mileage Allowances"), by the Administrator of General Services, or by the President (or their designee) pursuant to any provisions of such subchapter must apply to travel under Federal awards (48 CFR 31.205-46(a)). Mileage rates must be checked annually at GSA's Printel Omed cie POVINce Pet busomen: Ra: cocag : to ensure compliance. 10 D(8.) Travel - Foreign Funds that are awarded and authorized to carry out an activity under WIOA, Subtitle B cannot be used for foreign travel. D(9.) Conferences and Conference Space Conferences sponsored in whole or in part by the award recipient are allowable if the conference is necessary and reasonable for the successful performance of the Federal award. Award recipients are urged to use discretion and good judgment to ensure that all conference costs charged to the grant are appropriate and allowable. For more information on the requirements and the allowability of costs associated with conferences, refer to 2 CFR 200.432. Recipients will be held accountable to the requirements in 2 CFR 200.432. Therefore, costs that do not comply with 2 CFR 200.432 will be questioned and may be disallowed. D(10.) Hotel-Motel Fire Safety Pursuant to 15 U.S.C. 2225a, the recipient must ensure that all space for conferences and conventions or training seminars funded in whole or in part with Federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (P.L. 101-391, as amended). Recipients may search the loiel More Nationai Master l15: to see if a property is in compliance, or to find other information about the Act. D(11.) WIOA Infrastructure WIOA, Section 121(b)(1)(B) and 20 CFR 678.400 require the following programs to be One-Stop partners: 1. WIOA, Title I programs: Adult, Dislocated Worker, and Youth formula programs, Job Corps, YouthBuild, Native American programs, National Dislocated Worker Grants (DWG), and NFJP; 2. Wagner-Peyser Act Employment Service (ES) program authorized under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), as amended by WIOA, Title III; 3. SCSEP authorized under Title V of the Older Americans Act of 1965; 4. Trade Adjustment Assistance (TAA) activities authorized under Chapter 2 of Title II of the Trade Act of 1974; 5. Unemployment Compensation (UC) programs; and 6. Jobs for Veterans State Grants (JVSG) programs authorized under Chapter 41 of Title 38, U.S.C. With the exception of Native American programs established under WIOA, Section 166 all One-Stop partner programs, including all programs that are funded under Title I of WIOA, are required to contribute to the infrastructure costs and certain additional costs of the One-Stop delivery system in proportion to their use and relative benefits received, per 20 CFR 678.700 and 678.760. While Native American programs are not required to contribute to infrastructure costs per WIOA Section 121(h)(2)(D)(iv), they are strongly encouraged to contribute as stated in LG. No. 17.1. The sharing and allocation of infrastructure costs between One-Stop partners is governed by WIOA Section 121(h), WIOA's implementing regulations, and the Uniform Guidance at 2 CFR parts 200 and 2900. If not deemed a required one-stop partner, it is strongly recommended that the award recipient partner with the local WIOA one-stop delivery system in its service area(s). The one-stop system can assist with referrals, labor market information, and many other services that will directly benefit the management and performance of your grant. The one-stop system also provides access to a wide range of publicly- and privately-funded education, employment, training, and supportive services while also providing high- quality customer service to job seekers, workers, and businesses. D(12.) Pay-For-Performance Contract Strategies If any subrecipients (Local Workforce Development Boards (LWDBs)) of the award recipient elect to set aside funds for pay-for-performance (PFP) contract strategies under 20 CFR 683.520, a separate grant agreement must be created to administer these funds. The award recipient must provide sufficient notice to the Grant Officer, through its FPO, of any LWDB's decision to reserve up to 10% of its total local Adult/Dislocated Worker or Youth allotment for PFP contract strategies so that a new grant agreement can be issued to cover those funds. The award recipient should inform its FPO as soon as an amount to be reserved under this provision has been finalized. D(13.) Procurement The Uniform Guidance (2 CFR 200.317) requires States and Indian Tribes (as defined in 2 CFR 200.1) to follow the same procurement policies and procedures they use for procurements with non-Federal funds. If such policies and procedures do not exist, States and Indian Tribes must follow the procurement standards in 200.318 through 200.327. In addition to their own policies and procedures, they must also comply with 2 CFR 200.321, 200.322, 200.323, and 200.327. All other recipients and subrecipients, including subrecipients of a State or Indian Tribe, must follow the procurement standards in 200.318 through 200.327. States must also follow the requirements regarding the competitive selection of One-Stop Operators at WIOA Sections 121(d) and 123. PART E: REPORTING, AUDIT, AND CLOSEOUT E(1.) Reports - Financial Reports All ETA award recipients are required to submit quarterly financial and narrative progress reports for each award. 1) Financial Reports. All ETA award recipients are required to report financial data on the ETA-9130 Financial Report. Reporting quarter end dates are March 31, June 30, September 30, and December 31. ETA-9130 reports are due no later than 45 calendar days after the end of each specified reporting quarter. Due to the 12 configuration of Payment Management System (PMS), the ETA-9130 financial report for the quarter ending March 31st is due on May 16th. Quarter End Date Quarterly ETA-9130 Due Date March 315 May i6' June 30th August 15th September 30th November 15'h December 31 st February 15th A final financial report must be submitted no later than 120 calendar days after ETA-2130 Financial Keporting Resources. The instructions for accessing both the online financial reporting system and cash drawdowns using the HHS PMS can be found in the transmittal memo accompanying this NOA. E(2.) Federal Funding Accountability and Transparency Act (FFATA or Transparency Act) The prime recipient is responsible for reporting quality subaward data to the Federal Funding Accountability and Transparency Act (FFATA) of 2006 Subaward Reporting System (FSRS) that is subsequently displayed on USAspending.gov. Federal award and subaward descriptions are critical to informing the public of Federal spending by providing the public with an understanding of the purpose of the Federal award provided to the recipient. Recipients should include descriptions about award-specific activities and avoid acronyms or Federal or agency-specific terminology. Applicable to grants and cooperative agreements: I. REPORTING SUBAWARDS AND EXECUTIVE COMPENSATION (a) Reporting of first-tier subawards (1) Applicability. Unless the recipient is exempt as provided in paragraph (d) of this award term, the recipient must report each subaward that equals or exceeds $30,000 in Federal funds for a subaward to an entity or Federal agency. The recipient must also report a subaward if a modification increases the Federal funding to an amount that equals or exceeds $30,000. All reported subawards should reflect the total amount of the subaward. (2) Reporting Requirements. (i) The entity or Federal agency must report each subaward described in paragraph (a)(1) of this award term to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at 2a fesso. 13 (ii) For subaward information, report no later than the end of the month following the month in which the subaward was issued. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, 2025). (b) Reporting total compensation of recipient executives for entities — (1) Applicability. The recipient must report the total compensation for each of the recipient's five most highly compensated executives for the preceding completed fiscal year it: (i) The total Federal funding authorized to date under this Federal award equals or exceeds $30,000; (ii) in the preceding fiscal year, the recipient received: (A) 80 percent or more of the recipient's annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, (ill) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 CS.C 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986 after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at htp. /www.ses gowumsv.905/ 2xecomp.htm.) (2) Reporting Requirements. The recipient must report executive total compensation described in paragraph (b)(1) of this appendix: (i) As part of the recipient's registration profile at https.//wwww.sam.gov. (ii) No later than the month following the month in which this Federal award is made, and annually after that. (For example, if this Federal award was made on November 7, 2025, the executive total compensation must be reported by no later than December 31, 2025.) (c) Reporting of total compensation of subrecipient executives— (1) Applicability. Unless a first-tier subrecipient is exempt as provided in paragraph (d) of this appendix, the recipient must report the executive total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if: (i) The total Federal funding authorized to date under the subaward equals or exceeds $30,000; (ii) In the subrecipient's preceding fiscal year, the subrecipient received: (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal awards (and subawards) subject to the Transparency Act; and, 14 (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal awards (and subawards) subject to the Transparency Act; and (iii) The public does not have access to information about the compensation of the 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 section 6104 of the Internal Revenue Code of 1986after receiving this subaward. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/ execomp.htm.) (2) Reporting Requirements. Subrecipients must report to the recipient their executive total compensation described in paragraph (c)(1) of this appendix. The recipient is required to submit this information to the Federal Funding Accountability and Transparency Act Subaward Reporting System (FSRS) at hitp://www.fsrs.gov no later than the end of the month following the month in which the subaward was made. (For example, if the subaward was made on November 7, 2025, the subaward must be reported by no later than December 31, (d) Exemptions. (1) A recipient with gross income under $300,000 in the previous tax year is exempt from the requirements to report: (i) Subawards, and (ii) The total compensation of the five most highly compensated executives of any subrecipient. (e) Definitions. For purposes of this award term: Entity includes: (1) Whether for profit or nonprofit: (1) A corporation; (ii) An association; (iii) A partnership; (iv) A limited liability company; (v) A limited liability partnership; (vi) A sole proprietorship; (vii) Any other legal business entity; (viii) Another grantee or contractor that is not excluded by subparagraph (2); and (ix) Any State or locality; (2) Does not include: (i) An individual recipient of Federal financial assistance; or (ii) A Federal employee. 15 Executive means an officer, managing partner, or any other employee holding a management position. Subaward has the meaning given in 2 CER 200.1. Subrecipient has the meaning given in 2 CER 200.1. Total Compensation means the cash and noncash dollar value an executive earns during an entity's preceding fiscal year. This includes all items of compensation as prescribed in 17 CFR 229.402(c)(2). E(3.)| Integrity and Performance Matters - FAPIIS [For awards exceeding $500,000] I. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND PERFORMANCE (a) General Reporting Requirement. (1) If the total value of your active grants, cooperative agreements, and procurement contracts from all Federal agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient must ensure the information available in the responsibility/qualification records through the System for Award Management ( SAM.gov), about civil, criminal, or administrative proceedings described in paragraph (b) of this award term is current and complete. This is a statutory requirement under section 872 of Public Law 110 417, as amended (ALL S.C. 2313). As required by section 3010 of Pubile Law 111-212, all information posted in responsibility/qualification records in SAM. gov on or after April 15, 2011 (except past performance reviews required for Federal procurement (b) Proceedings About Which You Must Report. (1) You must submit the required information about each proceeding that- (i) Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; (ii) Reached its final disposition during the most recent five-year period; and (iii) Is one of the following (A) A criminal proceeding that resulted in a conviction; (B) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (C) An administrative proceeding that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (D) Any other criminal, civil, or administrative proceeding if 16 (1) It could have led to an outcome described in paragraph (b) (1)(iii)(A) through (C); (2) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and (3) The requirement in this award term to disclose information about the proceeding does not conflict with applicable laws and regulations. (c) Reporting Procedures. Enter the required information in SAM gov for each proceeding described in paragraph (b) of this award term. You do not need to submit the information a second time under grants and cooperative agreements that you received if you already provided the information in SAM. gov because you were required to do so under Federal procurement contracts that you were awarded (d) Reporting Frequency. During any period of time when you are subject to the requirement in paragraph (a) of this award term, you must report proceedings information in SAM. gov for the most recent five-year period, either to report new information about a proceeding that you have not reported previously or affirm that there is no new information to report. If you have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, you must disclose semiannually any information about the criminal, civil, and administrative proceedings. (e) Definitions. For purposes of this award term Administrative proceeding means a non-judicial process that is adjudicatory in nature to make a determination of fault or liability (for example, Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with the performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. Total value of currently active grants, cooperative agreements, and procurement contracts includes the value of the Federal share already received plus any anticipated Federal share under those awards (such as continuation funding). E(4.) Audits Single (organization-wide) or program-specific audits must be performed in accordance with 2 CFR part 200, subpart F, the Audit Requirements of the Uniform Guidance. Non- federal entities (as defined in 2 CFR 200.1) that expend $1,000,000 or more in a year 17 from any Federal awards must have an audit conducted for that year in accordance with the requirements contained in subpart F. All other audit reports are submitted through the Federal Audit Clearinghouse. The updated audit and major program determination thresholds of $1,000,000 apply to grant recipient fiscal years beginning on or after October 1, 2024. For fiscal years beginning before October 1, 2024, auditors must adhere to the version of the Uniform Guidance in effect prior to October 1 and must not apply any compliance requirements from the 2024 Uniform Guidance revisions. For grant recipients who would like an extension on their audit report submission, they should first contact their assigned FPOs. All submissions will need to be made through the new FAC (Federal Audit Clearinghouse) hosted by GSA. E(5.) Closeout/Final Year Requirements At the end of the grant period, the award recipient will be required to close the grant with the DOL. The grant award and cooperative agreement recipient will be notified approximately 15 days prior to the end of the period of performance that the closeout process will begin when the period of performance ends. See ETA's Grant Closeou: webpage for further information on the closeout process. The recipient's responsibilities at closeout may be found at 2 CFR 200.344. During the closeout process, the award recipient must be able to provide documentation for all direct and indirect costs that are incurred. For instance, if an organization is claiming indirect costs, the required documentation is a NICRA or CAP issued by the award recipient's FCA. For those approved to utilize a de minimis rate for indirect costs, the grant agreement or cooperative agreement is sufficient documentation. Not having documentation for direct or indirect costs will result in costs being disallowed and subject to debt collection. Administrative costs associated with the closeout activities of a Federal award (for example, salaries of personnel preparing final reports, publication and printing costs, costs associated with the disposition of equipment and property, and related indirect costs) are allowable through your NICRA, CAP, de minimis, or directly charged, as applicable, before the final Federal financial report is due (see 2 CFR 200.472(b)). Such costs cannot exceed any administrative cost limitation. The only liquidation that can occur during closeout is the liquidation of accrued expenditures (NOT financial obligations) for goods and/or services received during the period of performance specified in this award (see 2 CFR 2900). 18 PART F: NATIONAL POLICY AND RESTRICTIONS F(1.) Architectural Barriers The Architectural Barriers Act of 1968, 42 U.S.C. 4151 et seq., as amended, the Federal Property Management Regulations (see 41 CFR 102-76), and the Uniform Federal Accessibility Standards issued by the U.S. General Services Administration (GSA) (see 36 CFR 1191, Appendixes C and D) set forth requirements to make facilities accessible to, and usable by, the physically handicapped and include minimum design standards. All new facilities designed or constructed with grant support must comply with these requirements. F(2.) Domestic Preferences for Procurements and the Build America, Buy America Act The recipient or subrecipient should, to the greatest extent practicable and consistent with law, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of 2 CFR 200.322 must be included in all subawards, contracts, and purchase orders under this award. For purposes of the paragraph above: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. These funds must be expended consistent with the requirements of 41 U.S.C. 8301- 8303, commonly referred to as the Buy American Act (BAA). See WIOA section 502(a), 29 U.S.C. 3342(a). In the case of any equipment or product that may be authorized to be purchased with financial assistance provided using funds made available under WIOA title I or the Wagner-Peyser Act (29 U.S.C. 49 et seq.), it is the sense of Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. F(3.) Drug-Free Workplace The Drug-Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR 182 require that all award recipients receiving awards from any Federal agency maintain a drug-free workplace. The award recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension, termination, or debarment. 19 F(4.) Flood Insurance The Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et seq., provides that no Federal financial assistance to acquire, modernize, or construct property may be provided in communities in the United States identified as flood-prone, unless the community participates in the National Flood Insurance Program and flood insurance is purchased within 1 year of the identification. The flood insurance purchase requirement applies to both public and private applicants for the DOL support. Lists of flood-prone areas that are eligible for flood insurance are published in the Federal Register by F(5.) Intellectual Property Rights, Open Licensing Rights, and the Bayh-Dole Act 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: the copyright in all products developed under the grant, including a subgrant or contract under the grant or subgrant; and any rights of copyright to which the award recipient, subrecipient or a contractor purchases ownership under an award (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 license fee for use of a copyrighted work, or the cost of acquiring by purchase a copyright in a work, where the DOL has a license or rights of free use in such work, 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 by selling products developed with grant funds, including intellectual property, these revenues are considered as program income. Program income must be used in accordance with the provisions of this grant award and 2 CFR 200.307. The following language must be on all workforce products developed in whole or in part with grant funds: "This workforce product was funded by a grant awarded by the U.S. Department of Labor (DOL) 's [insert organization's name]. The product was created by the recipient and does not necessarily reflect the official position of DOL. DOL makes no guarantees, warranties, or assurances of any kind, express or implied, with respect to such information, including any information on linked sites and including, but not limited to, accuracy of the information or its completeness, timeliness, usefulness, adequacy, continued availability, or ownership. This product is copyrighted by the institution that created it." As required at 2 CFR Part 2900, any intellectual property developed under a discretionary Federal award process must be in a format readily accessible and available for open licensing to the public, which allows subsequent users to copy, 20 distribute, transmit and adapt the copyrighted work and attribute the work in the manner specified by the recipient. All small business firms, and non-profit organizations (as defined in the link below, and including Institutions of Higher Education) must adhere to the Bayh- Dole Act, which requirements are provided at 37 CFR 401.3(a) and at Bayh-Dole Act Required ETA Grant Term. To summarize, these requirements describe the ownership of intellectual property rights and the government's nonexclusive, nontransferable, irrevocable, paid-up license to use any invention conceived or first actually reduced to practice in the performance of work under this grant award. These requirements are in addition to those found in the Intellectual Property Rights term above. F(6.) Public Communications - Certain Information Requirement Pursuant to Public Law (Pub.L.) 118-47, Division D, Title V, Section 505, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all recipients and subrecipients receiving Federal funds shall clearly state: 1) The percentage of the total costs of the program or project which will be financed with Federal money; 2) The dollar amount of Federal funds for the project or program; and 3) The percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. The requirements of this term are separate from those in 2 CFR Part 200 and, when applicable, both must be complied with. F (7.) Equitable Delivery of Government Benefits and Equal Protection The Department of Labor (Labor) seeks to affirmatively advance equity, civil rights and equal opportunity in the policies, programs, and services it provides. Therefore, consistent with Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, grant award and cooperative agreement recipients must execute the terms and conditions of their award in a manner that advances equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality. This extends to all award activities including, but not limited to, service delivery, selection of subrecipients and contractors, and procurement of goods and services. Government programs are designed to serve all eligible individuals. As an expectation, the Department of Labor's award recipients should make the goods and services they provide widely available with the goal of effectively serving a diverse population of eligible individuals; fairly, justly, and impartially in administering the grant award. Award recipients are encouraged to engage in contracting and subcontracting for goods and services related to performing the terms and conditions of their grants in such a way to achieve equity. 21 The term "equity" means the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality. The term "underserved communities" refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of "equity." F(8.) Harassment Prohibited The award recipient and any subrecipients are prohibited from engaging in harassment of an individual based on race, color, religion, sex, national origin, age, disability, or political affiliation or belief, or, for beneficiaries, applicants, and participants only, based on citizenship status or participation in any WIOA Title I-financially assisted program or activity. Harassing conduct of this type is a violation of the nondiscrimination provisions of WIOA and of 29 CFR Part 38. 1. Unwelcome sexual advances, requests for sexual favors, or offensive remarks about a person's race, color, religion, sex, national origin, age, disability, political affiliation or belief, or citizenship or participation, and other unwelcome verbal or physical conduct based on one or more of these protected categories constitutes unlawful harassment on that basis(es) when: i. Submission to such conduct is made either explicitly or implicitly a term or condition of accessing the aid, benefit, service, or training of, or employment in the administration of or in connection with, any WIOA title I-financially assisted program or activity; or ii. Submission to, or rejection of, such conduct by an individual is used as the basis for limiting that individual's access to any aid, benefit, service, training, or employment from, or employment in the administration of or in connection with, any WIOA Title I-financially assisted program or activity; or ili. Such conduct has the purpose or effect of unreasonably interfering with an individual's participation in a WIOA Title I-financially assisted program or activity creating an intimidating, hostile or offensive program environment. 2. Harassment because of sex includes harassment based on gender identity or sexual orientation; harassment based on failure to comport with sex stereotypes; and harassment based on pregnancy, childbirth, and related medical conditions. Sex-based harassment may include harassment that is not sexual in nature but that is because of sex or where one sex is targeted for the harassment. 22 F(9.) Equal Participation of Faith-Based Organizations and Written Notice of Beneficiary Protections On March 4, 2024, the United States Department of Labor, along with eight other agencies, issued the final rule Partnerships With Faith-Based and Neighborhood Organizations. The rule is available at 29 CFR 2.30 through 2.41. (a) Under this final rule, a faith-based organization that participates in this award program retains its independence from Federal, State, and local Governments and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law. (b) A faith-based organization may not use direct Federal financial assistance, whether received through an award or subaward, to support or engage in any explicitly religious activities. An organization receiving Federal financial assistance also must not, in providing services funded by DOL, or in conducting outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. (c) Notice to beneficiaries of programs supported by direct Federal financial assistance. Any organization providing services to beneficiaries under programs supported by direct Federal financial assistance from DOL, and any entity responsible for disbursing Federal funds as part of a program of indirect Federal financial assistance administered by DOL, must give the written notice shown below to beneficiaries and prospective beneficiaries: Name of Organization: Name of Program: Type of Federal Financial Assistance: DIRECT. See 29 CFR 2.31 for definitions. Contact Information for Program Staff: (provide name, phone number, and email address, if appropriate) Because this program is supported in whole or in part by financial assistance from the Federal Government, we are required to let you know that: (1) We may not discriminate against you on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice: (2) We may not require you to attend or participate in any explicitly religious activities (including activities that involve overt religious content such as worship, religious 23 instruction, or proselytization) that are offered by our organization, and any participation by you in such activities must be purely voluntary; (3) We must separate in time or location any privately funded explicitly religious activities (including activities that involve overt religious content such as worship, religious instruction, or proselytization) from activities supported with direct Federal financial assistance; (4) You may report violations of these protections, including any denials of services or benefits by an organization, by contacting or filing a written complaint with the U.S. Department of Labor's Civil Rights Center, 200 Constitution Avenue NW, Room N- 4123, Washington, DC 20210, or by email to [email protected]; and (5) If you would like to seek information about whether there are any other federally funded organizations that provide these kinds of services in your area, please call toll- free 1-877-US2-JOBS (1-877-872-5627) or TTY 1-877-889-5627. This written notice must be given to you before you enroll in the program or receive services from the program, unless the nature of the service provided or exigent circumstances make it impracticable to provide such notice before we provide the actual service. In such an instance, this notice must be given to you at the earliest available opportunity. F(10.) Personally Identifiable Information The award recipients) must recognize and safeguard Personally Identifiable Information (PII) except where disclosure is allowed by prior written approval of the Grant Officer or by court order. Award recipients must meet the requirements in TEG. No. 39.11. Guidance on the Handling and Procection of PI. In accordance with [F. 21.23, if it is the practice of the grant recipient to publish NOAs on a website accessible to the public, the Department recommends that the grant recipient redact or mask the Payment System ID to prevent unauthorized use of your accounts by fraudsters. Grant award or cooperative agreement recipients should email [email protected] if they find that payments have been paid to a bank account other than their registered bank account. The subject line should read: Urgent! Payment Request Deposited to Incorrect Bank Account. F(11.) Publicity and Lobbying/Advocacy Publicity - Pursuant to Pub.L. 118-47, Division D, Title V, Section 503, the award recipient is not authorized to use any funds provided under this award other than for normal and recognized executive-legislative relationships-for publicity or propaganda purposes, for the preparation, distribution or use of any kit, pamphlet, booklet, publication, electronic communication, radio, television, or video presentation, designed to support or defeat legislation pending before the Congress or any state or local legislature or legislative body, except in presentation to the Congress or any state or 24 local legislature itself, or designed to support or defeat any proposed or pending regulation, administrative action, or order issued by the executive branch of any state or local government, except in presentation to the executive branch of any state or local government itself. Lobbying Advocacy - Pub.L. 118-47, Division D, Title V, Section 503, no federal funds may be used to pay the salary or expenses of any grant recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative action, or executive order proposed or pending before the Congress or any state government, state legislature or local legislature or legislative body, other than for normal and recognized executive legislative relationships or participation by an agency or officer of a state, local or tribal government in policymaking and administrative processes within the executive branch of that government. F(12.) Veterans' Priority Provisions 38 U.S.C.4215 requires award recipients or subrecipients to provide priority service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by the DOL. The regulations implementing this priority of service can be found at 20 CFR Part 1010. In circumstances where an award recipient or subrecipient must choose between two qualified candidates for a service, one of whom is a veteran or eligible spouse, the veterans' priority of service provisions require that the award recipient or subrecipient give the veteran or eligible spouse priority of service by first providing him or her that service. To obtain priority of service, a veteran or spouse must meet the program's eligibility requirements. Award recipients and subrecipients must comply with the DOL guidance on veterans' priority. ETA's TEGL Ne 10-02 (issued November 10, 2009) provides guidance on implementing priority of service for veterans and eligible spouses in all qualified job training programs funded in whole or in part by DOL. F(13.) Waste, Fraud and Abuse No entity receiving Federal funds may require employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from law fully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. F(14.) Whistleblower Protection All employees working for contractors, grant recipients, subcontractors, subgrantees/ subrecipients, and recipients of cooperative agreements working on this Federal award are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712. The award recipient shall inform its employees and applicable contractors and subrecipients, in writing, in the predominant language of the workforce, of employee whistleblower 25 rights and protections under 41 U.S.C. 4712, as described in 3.900 through 3.906 of the Federal Acquisition Regulation. The award recipient shall insert the substance of this clause in all subawards and contracts over the Simplified Acquisition Threshold F(1S.) Executive Order 12928 - Historically Black Colleges and Universities and other Minority Institutions such as Hispanic-Serving Institutions and Tribal Colleges and Universities Pursuant to Executive Order (EO) 12928, the award recipient 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. F(16.) Executive Order 13043 - Increasing Seat Belt Use Pursuant to EO 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the award recipients are encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. F(17.) Executive Order 13166 - Improving Access to Services for Persons with Limited English Proficiency F(18.) As clarified by EO 13166, Improving Access to Services for Persons with Limited English Proficiency, dated August 11, 2000, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI, award recipients must take reasonable steps to ensure that LEP persons have meaningful access to programs in accordance with DOL's Policy Guidance on the Prohibition of National Origio Discrimination as it Affects Persons with Limited Foglish Proticiency, 68 FR 32289 (May 29, 2003). Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. Award recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing budgets and in conducting programs and activities. For assistance and information regarding your LEP obligations, go to LEP.gov. Executive Order 13513 - Federal Leadership On Reducing Text Messaging While Driving Pursuant to EO 13513, Federal Leadership On Reducing Text Messaging While Driving, dated October 1, 2009, award recipients and subrecipients are encouraged to adopt and enforce policies that ban text messaging while driving company-owned or -rented vehicles or government-owned vehicles (GOV), or while driving privately-owned vehicles (POV) when on official Government business or when performing any work for or on behalf of the Government. Award recipients and subrecipients are also encouraged to conduct initiatives of the type described in section 3(a) of this order. 26 F(19.) Salary and Bonus Limitations Pursuant to Pub.L. 118-47, Division D, Title I, Section 105, award recipients and subrecipients shall not use funds to pay the salary and bonuses of an individual, either as direct costs or as indirect costs, at a rate in excess of Executive Level II. The Executive Level II salary may change yearly and is located on the OPM gov website. The salary and bonus limitation does not apply to contractors (vendors) providing goods and services as defined in 2 CFR 200.331. Where States are recipients of such funds, States may establish a lower limit for salaries and bonuses of those receiving salaries and bonuses from subrecipients, taking into account factors including the relative cost-of- living in the State, the compensation levels for comparable State or local government employees, and the size of the organizations that administer Federal programs involved including DOL programs. See TEL 5-06 for additional information. When preparing indirect cost proposals, recipients and subrecipients must disclose salary breakdowns to their Federal cognizant agency (FCA) or pass-through entity so that they can properly assess compliance of TEL 5-06. An example of proposed salary breakdowns is provided in Exhibit B at (XI.S), as part of "A Cuide for indireci Cos: Rare Determination", Section III, Examples of Exhibits to Support Indirect Cost Proposals in CPDD's website. To determine unallowable compensation in excess of TEGL 5-06, refer to this link in CPDD's website. Grant recipients may contact CPDD for any guidance or questions. After evaluating and disallowing costs (when applicable) in excess of TEGL 5-06, the FCA or pass-through entity should issue applicable rates compliant with this requirement. Note that the same Excel file could also be used to determine unallowable direct compensation in excess of TEGL 5-06. Unallowable direct costs must remain as part of the indirect cost allocation base. PART G: NATIONAL PROHIBITIONS AND OTHER RESTRICTIONS G(1.) Contracting with Corporations with Felony Criminal Convictions Prohibited The award recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months. G(2.) Contracting with Corporations with Unpaid Tax Liabilities Prohibited The award recipient may not knowingly enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have 27 lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. G(3.) Trafficking in Persons Prohibited 2 CFR 175.200 establishes a government-wide award term for grants and cooperative agreements to implement the requirement in regard to Trafficking in persons. a) Provisions applicable to a recipient that is a private entity. 1. Under this award, the recipient, its employees, subrecipients under this award, and subrecipient's employees must not engage in:— i. Severe forms of trafficking in persons; or ii. The procurement of a commercial sex act during the period of time that this award or any subaward is in effect; or ili. The use of forced labor in the performance of this award or any subaward; or iv. Acts that directly support or advance trafficking in persons, including the following acts: (A) Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee's identity or immigration documents; (B) Failing to provide return transportation or pay for return transportation costs to an employee from a country outside the United States to the country from which the employee was recruited upon the end of employment if requested by the employee, unless: (1) Exempted from the requirement to provide or pay for such return transportation by the Federal department or agency providing or entering into the grant or cooperative agreement; or (2) The employee is a victim of human trafficking seeking victim services or legal redress in the country of employment or a witness in a human trafficking enforcement action; (C) Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment; (D) Charging recruited employees a placement or recruitment (E) Providing or arranging housing that fails to meet the host country's housing and safety standards. 2. DOL as the Federal awarding agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if any private entity under this award: i.Is determined to have violated a prohibition in paragraph a)l. of this award term; or 28 ii. Has an employee who is determined to have violated a prohibition in paragraph a)l. of this award term through conduct that is either- (A) Associated with performance under this award; or (B) Imputed to you (the recipient) or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR Part 2998. b. Provision applicable to a recipient other than a private entity. 1. DOL as the Federal awarding agency may unilaterally terminate this award or take any remedial actions authorized by 22 U.S.C. 7104b(c), without penalty, if a subrecipient that is a private entity under this award - Is determined to have violated a prohibition in paragraph a)l. of this award term; or Has an employee who is determined to have violated a prohibition in paragraph a)l. of this award term through conduct that is either- (A). Associated with performance under this award; or (B). Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 29 CFR Part 98. c. Provisions applicable to any recipient. 1. The recipient must inform DOL and the DOL Office of the Inspector General immediately of any information you (the recipient) receive from any source alleging a violation of a prohibition in paragraph a)l. of this award term. 2. DOL's right to unilaterally terminate this award as described in paragraph a.2 or b.l of this award term: 1. Implements the requirements of 22 U.S.C. 78, and ii. Is in addition to all other remedies for noncompliance that are available to DOL under this award. 3. The award recipient must include the requirements of paragraph a)l. of this award term in any subaward the award recipient makes to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: 1. An individual employed by the award recipient or a subrecipient who is engaged in the performance of the project or program under this award; or 29 ii. Another person engaged in the performance of the project or program under this award and not compensated by the recipient including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing requirements. 2. "Private Entity" means any entity, including for-profit organizations, nonprofit organizations, institutions of higher education, and hospitals. The term does not include foreign public entities, Indian Tribes, local governments, or states as defined in 2 CFR 200.1. 3. The terms "severe forms of trafficking in persons," "commercial sex act," "sex trafficking," "Abuse or threatened abuse of law or legal process," "coercion," "debt bondage," and "involuntary servitude" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). G(4.) Health Benefits Coverage for Contraceptives Federal funds received under this award may not be used to enter into or renew a contract that includes a provision for prescription drug coverage unless the contract also includes a provision for contraceptive coverage. This requirement does not apply to contracts with 1) the religious plans Personal Care's HMO and OSF Health Plans, Inc. and 2) any existing or future plan if the carrier for the plan objects to such coverage on the basis of religious beliefs. In implementing this section, any plan that enters into or renews a contract may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individuals' religious beliefs or moral convictions. Nothing in this term shall be construed to require coverage of abortion or abortion-related services. G(5.) Health Benefits Coverage for Abortions Restricted Pursuant to Pub.L. 118-47, Division D, Title V, Section 506 and 507, Federal funds received under this award may not be expended for health benefits coverage that includes coverage of abortions, except when the pregnancy is the result of rape or incest, or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition caused by or arising from the pregnancy itself that would, as certified by a physician, place the women in danger of death unless an abortion is performed. This restriction does not prohibit any recipient or subrecipient from providing health benefits coverage for abortions when all funds for that specific benefit do not come from a Federal source. Additionally, no funds made available through this award may be provided to a State or local government if such government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide, pay for, provide coverage of, or refer for abortions. 30 G(6.) Fair Labor Standards Act Amendment for Major Disasters Pursuant to Pub.L. 118-47, Division H, Title 1, Section 108, the Fair Labor Standards Act of 1938 (FLSA) will apply as if the following language was added to Section 7 (the Maximum Hours Worked Section). This language specifically relates to occurrences of a major disaster (as declared or designated by the state or federal government) and are applied for a period of two years afterwards. The language is as follows: "(s)(1) The provisions of this section [maximum hours worked] shall not apply for a period of 2 years after the occurrence of a major disaster to any employee (A) employed to adjust or evaluate claims resulting from or relating to such major disaster, by an employer not engaged, directly or through an affiliate, in underwriting, selling, or marketing property, casualty, or liability insurance policies or contracts; (A) who receives from such employer on average weekly compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever is greater, for the number of weeks such employee is engaged in any of the activities described in subparagraph (C); and (B) whose duties include any of the following: (i) interviewing insured individuals, individuals who suffered injuries or other damages or losses arising from or relating to a disaster, witnesses, or physicians; (ii) inspecting property damage or reviewing factual information to prepare damage estimates; (iii) evaluating and making recommendations regarding coverage or compensability of claims or determining liability or value aspects of claims; (iv) legotiating settlements; o (V) naking recommendations regarding litigatior (2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1) [of the FLSA]. (3) For purposes of this subsection... (A) the term 'major disaster' means any disaster or catastrophe declared or designated by any State or Federal agency or department; (B) the term 'employee employed to adjust or evaluate claims resulting from or relating to such major disaster' means an individual who timely secured or secures a license required by applicable law to engage in and perform the activities described in clauses (i) through (v) of paragraph (1)(C) relating to a major disaster, and is employed by an employer that maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll taxes from the wages, salaries and any benefits of such employees; and (C) the term 'affiliate' means a company that, by reason of ownership or control of 25% or more of the outstanding shares of any class of voting 31 securities of one or more companies, directly or indirectly, controls, is controlled by, or is under common control with, another company." G(7.) Blocking Pornography Required G (8.) Pursuant to Pub.L. 118-47, Division D, Title V, Section 520, no Federal funds received under this award may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. Privacy Act No funds can be used in contravention of 5 U.S.C. 552a (the Privacy Act) or regulations implementing the Privacy Act. G(9.) Procuring Goods Obtained Through Child Labor Prohibited Pursuant to Pub.L. 118-47, Division D, Title I, Section 103, no Federal funds received under this award may be obligated or expended for the procurement of goods mined, produced, manufactured, or harvested or services rendered, in whole or in part, by forced or indentured child labor in industries and host countries identified by the DOL prior to December 29, 2022. DOL has identified these goods and services at ILAB's 1is: of Producis Produced by forced or indentured Child Labor webpage. G(10.) Promotion of Drug Legalization Restricted Pursuant to Pub.L. 118-47, Division D, Title V, Section 509, no Federal funds received under this award shall be used for any activity that promotes the legalization of any drug or other substance included in Schedule I of the schedules of controlled substances established under Section 202 of the Controlled Substances Act except for normal and recognized executive-congressional communications or where there is significant medical evidence of a therapeutic advantage to the use of such drug or other substance or that federally sponsored clinical trials are being conducted to determine therapeutic advantage. G(11.) Purchase of Sterile Needles or Syringes Restricted Pursuant to Pub.L. 118-47, Division D, Title V, Section 526, no Federal funds received under this award shall be used to purchase sterile needles or syringes for the hypodermic injection of any illegal drug. This limitation does not apply to the use of funds for elements of a program other than making such purchases if the relevant State or local health department, in consultation with the Centers for Disease Control and Prevention, determines that the State or local jurisdiction, as applicable, is experiencing, or is at risk for, a significant increase in hepatitis infections or an HIV outbreak due to injection drug use, and such program is operating in accordance with State and local law. 32 G(12.) Restrictions Against the Creation or Research of Embryos Pursuant to Pub.L. 118-47, Division D, Title V, Section 508, no Federal funds received under this award shall be used for (1) the creation of a human embryo or embryos for research purposes; or (2) research in which a human embryo or embryos are destroyed, discarded, or knowingly subjected to risk of injury or death greater than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)). For purposes of this term, the term "human embryo or embryos" includes any organism, not protected as a human subjected under 45 CFR 46 as of March 23, 2024, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. PART H: ATTACHMENTS H(1.) Adachment A St-424 H(2.) Arachment B Paymer: Management System Access Leuer 33 Attachment A: SF-424 Attachment B: Payment Management System Access Letter (For payment draw-down and financial reporting) U.S. Department of Labor/ETA Office of Grants Management 200 Constitution Avenue, N.W. - Room N-4716 Washington, D.C. 20210 Dear Recipient: Congratulations on your recent award. This document provides instructions on how to access your organization's funding, as well as how to submit quarterly ETA-9130 Financial Reports. Award recipients accomplish both tasks using the Payment Management System (PMS), operated by the U.S. Department of Health and Human Services (HHS). All grant recipients must have an ID.me account to gain access to PMS. Establishing your ID.me account is the first step in the PMS process. User access requests for grant recipients will only be approved if you have an ID.me account. If you have questions related to creating an ID.me account or need technical assistance with accessing PMS via ID.me, instructions and additional guidance can be found at hups: xms hhs gov helphob-aids help pages.humi For Existing P.MS Users If your organization has previously received a grant or cooperative agreement with ETA, a PMS account already exists, and it's where you can find your new grant award funding. The front page of your grant award will have the following information to help access your funding in • The last eight digits of the Federal Award Identification Number (item 12) of the new grant or cooperative agreement (e.g., XX123456), • Award amount (item 20), and • The PMS Employer Identification Number (EIN) (item 3) (e.g., 1123456789X1) where the new grant or cooperative agreement funding resides under a payee account (e.g., 5h43B). Recipients may add or amend account access and banking information using the links below. • To add or remove PMS account access for your organization, please visit: • To add a bank account to your PMS account, please visit: For new PMS Users When issuing a grant award, a PMS account has been set up for your organization. A payee account (e.g., 5h43B) also has been established, and it's where you can find funding for your new grant award. The front page of your grant award will have the following information to access to your account: • The last eight digits of the Federal Award Identification Number (item 12) of the new grant or cooperative agreement (e.g., XX123456), Award amount (item 20), and • The PMS Employer Identification Number (EIN) (item 3) (e.g., 1123456789X1) where the new grant or cooperative agreement funding resides under a payee account (e.g., Sh43B). As a new PMS user, you will need to add or amend account access and banking information using the links below. To add or remove PMS account access for your organization, please visit: https://pms.psc.gov/grant-recipients/user-access.html • To add a bank account to your PMS account, please visit: https://prs.psc.gov/granl-recipients/banking-add-change.html Submitting Federal Financial Reports in PMS Recipients must report quarterly financial data on the ETA-9130 Financial Report, which is due as shown below: Quarter End Date March 31 June 30 September 30 December 31 Quarterly ETA-9130 Due Date May 16 August 15 November 15 February 15 A final financial report for the last quarter of the period of performance must be submitted no later than 120 calendar days after the expiration of the grant period of performance. Additional information on financial reporting can be found in TEQL. No. 16-22 and TEGL. No. 16-22; Change i. Recipients must submit financial reports through PMS. Recipient staff who are submitting/certifying financial reports on behalf of their organization must log in to PMS and update their permissions to request access to the financial report forms. • For general instructions on financial report submission, visit: htrps://prns.psc.goy/grant.recipients/ir-updares.hom • Grant Recipients' financial reports can be found by: Login PMS → select "Menu" → Federal Financial Reporting → Federal Financial Reporting • A Financial Report User Guide can be found by: Login PMS → select "Menu" → Federal Financial Reporting → FFR Grantee User Guide PMS Help Desk If you need assistance with your PMS account, information on the PMS Helpdesk can be found at hitps://pms.psc.gov/support/help-desk.html. Please contact the PMS Help Desk at (877) 614-5533 or P.VSSupport @psc.gov • Recipients may also submit a service ticket online and access more services using the Self-Service Web Portal at: https://gditshared.servicenowservices.com/hhs pms NAWYORK Department STATE OF OPPORTUNITY of Labor SECTION VII SUBRECIPIENT ATTESTATION Py24STATE-LEVEL TRAINING AND SUPPORTIVE SERVICES FENDING GRANT SUBRECIPIENT AGREEMENT Section VII State-Level Training and Supportive Services Funding Grant Subrecipient Attestation _ (NAME], in my capacity as _ (TITLE] and on behalf of [SUBRECIPIENT NAME], hereinafter referred to as "Subrecipient": • Affirm and assert that the Subrecipient has received and reviewed Notice of Award/Obligation Subrecipient Agreement and associated attachments, hereinafter collectively referred to as the "Agreement", for the Program Year 2024 State-Level Training and Supportive Services Funding Grant (SWA Program Incentive for PY23); • Affirm that the Subrecipient possesses the capacity to fulfill all responsibilities identified in the Agreement and assume liability for funds received; and • Agree to comply with all applicable federal and state statues, regulations, and award terms and conditions as reflected in the Agreement. Signature of Chief Elected Official (CEO) or authorized signatory for the Local Workforce Development Area for fiscal reporting to NYS Department of Labor is required below. Date: Signature: Mr. Ms. Other Title: Address 1: Address 2: City: State: Phone: Typed Name of Signatory: Zip: E-mail: Submittal directions: An original signature is not required for this attestation. Electronic signatures are acceptable. Please complete and save with digital signature (or print and scan). Email the Portable Document Format (PDF) to: [email protected] or Sharie. [email protected] If you prefer to mail the attestation with an original signature, please mail to: NYS Department of Labor Division of Employment & Workforce Solutions Office of Workforce Investments Gov. Harriman State Office Campus Building 12, Room 436 Albany, NY 12226 *Red fields are required Family and Human Services Committee Roll Call District District 7 - Hyde Park and Pleasant Valley Name Truitt* District 25 - Amenia, Washington, Pleasant Valley & Millbrook Houston* District 3 - LaGrange Polasek* District 16 - Fishkill and Beacon Valdés Smith* District 9 - City of Poughkeepsie Atkins* District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie Travelpiece District 5 - Town of Poughkeepsie D'Aquanni District 8 - City and Town of Poughkeepsie Brendli District 11 - Clinton, Pleasant Valley, and Rhinebeck Kearney District 17 - Town and Village of Fishkill McHoul (VC) District 19 - North East, Stanford, Pine Plains, Milan & Red Hook Drago District 22 - Beekman and Union Vale Garito (C) 10 Resolution: Motion: Total : Yes V Present: Absent: Vacant: 10 _Yes Abstentions: No abreut absent No 2025090 AUTHORIZING AMENDMENT OF FUNDING UNDER THE TRADE ADJUSTMENT ACT JUNE 5, 2025 Roll Call Sheets District Present: Absent: Vacant: District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 20 - Red Hook, Tivoli, and Rhinebeck District 21 - East Fishkill District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill District 24 - Dover and Pawling Resolution: _ Motion: Last Name Truitt Houston Polasek Valdés Smith Atkins Gorman Travelpiece Lawler D'Aquanni Kaul Brendli Johnson Kearney Metzger Paoloni Versaci Faust McHoul Page Drago Munn Caswell Garito Rolison House Total: Abstentions: YES NO abieut absent abstut absent absent 20 Yes No 2025090 AUTHORIZING AMENDMENT OF FUNDING UNDER THE TRADE ADJUSTMENT ACT JUNE 9, 2025