Common use of Accessibility for Individuals with Disabilities Clause in Contracts

Accessibility for Individuals with Disabilities. The Local Board shall annually assess the physical and programmatic accessibility, in accordance with section 188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), of all one-stop centers in the local area. 1) Determining the initial eligibility of entities providing a program of training services, renewing the eligibility of providers, and considering the possible termination of an eligible training provider due to the provider’s submission of inaccurate eligibility and performance information or the provider’s substantial violation of WIOA; 2) Working with the State to ensure there are sufficient numbers and types of providers of training services (WIOA sec. 107(d)(10)(E); 3) Ensuring the dissemination and appropriate use of the State list through the local one- stop delivery system; 4) Receiving performance and cost information from the State and disseminating this information through the one-stop delivery systems within the State and; 5) Providing adequate access to services for individuals with disabilities. Working with the State, the Local WDB satisfies the consumer choice requirement for 1) Determining the career services that are best performed by the one-stop operator consistent with §§678.620 and 678.625 of this chapter and career services that require contracting with a career service provider; and 2) Identifying a wide-array of potential career service providers and awarding contracts where appropriate including to providers to ensure: i. Sufficient access to services for individuals with disabilities, including opportunities that lead to integrated, competitive employment for individuals with disabilities; and ii. Sufficient access for adult education and literacy activities The Local Workforce Development Board is to meet its requirement to conduct business in an open manner under the “sunshine provision” of WIOA (§679.390). The Local WDB must conduct its business in an open manner as required by WIOA sec. 107(e), by making available to the public, on a regular basis through electronic means and open meetings, information about the activities of the Local WDB. This includes: (a) Information about the Local Plan, or modification to the Local Plan, before submission of the plan (b) List and affiliation of Local WDB members (c) Selection of one-stop operators (d) Award of grants or contracts to eligible training providers of workforce investment activities including providers of youth workforce investment activities (e) Minutes of formal meetings of the Local WDB and (f) Local WDB by-laws, consistent with §679.310(g). In order to assist in administration of the grant funds, the CEO may designate an entity to serve as a local fiscal agent. Designation of a fiscal agent does not relieve the CEO of liability for the misuse of grant funds. If the CEO designates a fiscal agent, the CEO must ensure this agent has clearly defined roles and responsibilities. In general the fiscal agent is responsible for the following functions: (1) Receive funds (2) Ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Office of Management and Budget circulars, WIOA and the corresponding Federal Regulations and State Policies (3) Respond to audit financial findings (4) Maintain proper accounting records and adequate documentation (5) Prepare financial reports (6) Provide technical assistance to subrecipients regarding fiscal issues (7) Procure contracts or obtain written agreements (8) Conduct financial monitoring of service providers (9) Ensure independent audit of all employment and training programs Local Governance Design and Structure (§679.400) Conflict of Interest (WIOA Sec 107(h) and MGL 268A and B) 1. No member of the CEOs or the Local Workforce Development Board or its standing committees shall cast a vote on any matter which has direct bearing on services to be provided by that member (or any organization which such member directly represents) or on any matter which would provide direct financial benefit to such member or the immediate family of such member, nor shall any such person engage in any activity determined by the Governor to constitute conflict of interest as specified in the State Plan. 2. CEO member(s) and/or staff so affected shall identify any real or perceived conflict of interest prior to discussion and consideration of the matter.

Accessibility for Individuals with Disabilities. The Local Board WIB shall annually assess the physical and programmatic accessibility, in accordance with section §188, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), of all one-stop centers in the local area. 1) Determining the initial eligibility of entities providing a program of training services, renewing the eligibility of providers, and considering the possible termination of an eligible training provider due to the provider’s submission of inaccurate eligibility and performance information or the provider’s substantial violation of WIOA; 2) Working with the State Commonwealth to ensure there are sufficient numbers and types of providers of training services (WIOA sec. §107(d)(10)(E); 3) Ensuring the dissemination and appropriate use of the State Commonwealth list through the local one- one-stop delivery system; 4) Receiving performance and cost information from the State Commonwealth and disseminating this information through the one-stop delivery systems within the State Commonwealth, and; 5) Providing adequate access to services for individuals with disabilities. Working with the StateCommonwealth, the Local WDB satisfies the consumer choice requirement forfor career services by: 1) Determining the career services that are best performed by the one-stop operator consistent with §20 CFR §678.620 and §678.625 of this chapter and career services that require contracting with a career service provider; , and, 2) Identifying a wide-array of potential career service providers and awarding contracts where appropriate including to providers to ensure: i. Sufficient access to services for individuals with disabilities, including opportunities that lead to integrated, competitive employment for individuals with disabilities; and ii. Sufficient access for adult education and literacy activities The Local Workforce Development Board WIB is to meet its requirement to conduct business in an open manner under the “sunshine provision” of WIOA (20 CFR §679.390). The Local WDB must WIB will conduct its business in an open manner as required by WIOA sec. §107(e), by making available to the public, on a regular basis through electronic means and open meetings, information about the activities of the Local WDBWIB. This includes: (a) Information about the Local Plan, or modification to the Local Plan, before submission of the plan; (b) List and affiliation of Local WDB membersWIB directors; (c) Selection of one-stop operators; (d) Award of grants or contracts to eligible training providers of workforce investment activities including providers of youth workforce investment activities; (e) Minutes of formal meetings of the Local WDB WDB; and, (f) Local WDB by-laws, consistent with 20 CFR §679.310(g). In order to assist in administration of the grant funds, the CEO may designate an entity to serve WIB will act as a local the fiscal agent. Designation of a fiscal agent does not relieve In general as the CEO of liability for the misuse of grant funds. If the CEO designates a fiscal agent, the CEO must ensure this agent has clearly defined roles and responsibilities. In general the fiscal agent WIB is responsible for the following functions: (1) Receive funds; (2) Ensure sustained fiscal integrity and accountability for expenditures of funds in accordance with Office of Management and Budget circulars, WIOA and the corresponding Federal Regulations and State Commonwealth Policies; (3) Respond to audit financial findings; (4) Maintain proper accounting records and adequate documentation; (5) Prepare financial reports; (6) Provide technical assistance to subrecipients sub-recipients regarding fiscal issues; (7) Procure contracts or obtain written agreements; (8) Conduct financial monitoring of service providers; and, (9) Ensure independent audit of all employment and training programs Local Governance Design programs. The Directors of the WIB will hire an executive director and Structure (other staff to assist in carrying out the functions of the Board using funds available under WIOA §679.400128(b) Conflict of Interest and WIOA §133(b) as described in WIOA §128(b)(4) (WIOA Sec 107(h) §107(f)). The WIB staff shall be subject to the limitations on the payment of salary and MGL 268A and Bbonuses described in WIOA §194(15). In general, the WIB staff only may fulfill the required functions at WIOA §107(d). 1. No member director of the CEOs or the Local Workforce Development Board WIB or its standing committees committees, or the CEO, shall cast a vote on any matter which has direct bearing on services to be provided by that member director (or any organization which such member director directly represents) or on any matter which would provide direct financial benefit to such member director or the immediate family of such memberdirector, nor shall any such person engage in any activity determined by the Governor to constitute conflict of interest as specified in the State Commonwealth Plan. 2. CEO member(s) and/or staff so affected shall identify any real or perceived conflict of interest prior to discussion and consideration of the matter.