VI. Assurances

1. The State assures that it will establish, in accordance with Section 184 of the Workforce Investment Act, fiscal control and fund accounting procedures that may be necessary to ensure the proper disbursement of, and accounting for, funds paid to the State through the allotments made under Sections 127 and 132. (S 112(b)(11).)

2. The State assures that it will comply with Section 184 (a)(6), which requires the Governor to, every two years, certify to the Secretary, that-
   1. the State has implemented the uniform administrative requirements referred to in Section 184 (a)(3);
      
   2. the State has annually monitored Local Areas to ensure compliance with the uniform administrative requirements as required under Section 184(a)(4); and
      
   3. the State has taken appropriate action to secure compliance pursuant to Section 184(a)(5). (S184(a)(6).)

3. The State assures that the adult and youth funds received under the Workforce Investment Act will be distributed equitably throughout the State, and that no Local Areas will suffer significant shifts in funding from year to year during the period covered by this Plan. (S112(b)(12)(B).)

4. The State assures that veterans will be afforded employment and training activities authorized in section 134 of the Workforce Investment Act, to the extent practicable. (S112(b)(17)(B).) The State assures that veterans workforce investment programs funded under WIA, Section168 will be carried out in accordance with that Section.

5. The State assures that the Governor shall, once every two years, certify one Local Board for each Local Area in the State. (S117)(C)(2).)

6. The State assures that it will comply with the confidentiality requirements of Section 136(f)(3).

7. The State assures that no funds received under the Workforce Investment Act will be used to assist, promote, or deter union organizing. (S181(b)(7).)

8. The State assures that that it will comply with the nondiscrimination provisions of Section 188, and includes an assurance that a Methods of Administration is being developed and implemented. (S188).

9. The State assures that it will collect and maintain data necessary to show compliance with the nondiscrimination provisions of Section 188. (S185).

10. The State assures that it will comply with the grant procedures prescribed by the Secretary (pursuant to the authority at Section 189(C) of the Act) which are necessary to enter into grant agreements for the allocation and payment of funds under the Act. The procedures and agreements will be provided to the State by the ETA Office of Grants and Contract Management and will specify the required terms and conditions and assurances and certifications, including, but not limited to, the following:

    General Administration Requirements:
    29 CFR part 97 – Uniform Administrative Requirements for State and Local Governments (as amended by the Act).
    29 CFR part 96 (as amended by OMB Circular A-133)-Single Audit Act.
    OMB Circular A-87-Cost Principles (as amended by the Act)

    Assurances and Certifications:
    SF 424 B-Assurances for Nonconstruction Programs.
    29 CFR part 31, 32- Nondiscrimination and Equal Opportunity Assurance (and regulation).

    CFR part 93-Certification Regarding Lobbying (and regulation).
    29 CFR part 98- Drug Free Workplace and Debarment and Suspension Certifications (and regulation).

    Special Clauses/ Provisions:
    Other special assurances or provisions as may be required under Federal law or policy, including specific appropriations legislation, the Workforce Investment Act, or subsequent Executive or Congressional mandates.

11. The State certifies that the Wagner-Peyser Act Plan, which is part of this document, has been certified by the State Employment Security Administrator.

12. The State certifies that veterans' services provided with the Wagner-Peyser Act funds will be in compliance with 38 U.S.C Chapter 41 and 20 CFR part 1001. The State assures that veterans and other preference-eligible persons will be afforded a priority service, in accordance with the requirements of Chapter 41 of Title 38 and 20 CFR 1001, in the O/S system for the provision of labor exchange services funded under the Wagner-Peyser Act.

13. The State certifies that Wagner-Peyser Act-funded labor exchange activities will be provided by merit-based public employees. The State assures that it will modify its Plan if there is any change in policy regarding the public merit staffed delivery of WPA Act Services in any Local Workforce Investment Area.

14. .The State certifies that Workforce Investment Act Section 167 grantees, advocacy groups as described in the Wagner-Peyser Act (e.g. veterans, migrant and seasonal farmworkers, people with disabilities, UI claimants), the State monitor advocate, agricultural organizations, and employers were given the opportunity to comment on the Wagner-Peyser Act grant document for agricultural services. In accordance with 20CFR 653.111 significant MSFW Local Office Affirmative Action Plans are required for those offices listed in the February 15, 2000 TEESS. New York is not listed as an Affirmative Action State. Therefore, no comments were required on Affirmative Action Plans and no Affirmative Action Plans or offices are listed for MSFWs in the State.

15. The State assures that it will comply with the annual Migrant and Seasonal Farmworker significant office requirements in accordance with 20 CFR part 653.

16. The State has developed this Plan in consultation with local elected officials, Local Workforce Boards, the business community, labor organizations and other partners.

17. The State assures that it will comply with Section 504 of the Rehabilitation Act of 1973 (29 USC 794) and the Americans with Disabilities Act of 1990 (42 USC 12101 et seq.). The State assures that the State workforce investment system and entities carrying out activities in the community who are recipients of assistance from the system or the system partners will comply with the Architectural Barriers Act of 1968.

18. The State assures that the funds will be spent in accordance with the Workforce Investment Act and the Wagner-Peyser Act legislation, regulations, written Department of Labor Guidance, and all other applicable Federal and State laws.

19. The State Board will ensure that the public (including people with disabilities) has access to Board meetings and information regarding State Board activities, including membership and meeting minutes (S112(b)(1)).

20. The State assures that it will include State and local EO officers and advocates for the groups protected from discrimination under WIA Section 188 in the planning process in a meaningful way, beginning with the earliest stages.

21. The State certifies that, in providing an opportunity for public comment and input into the development of the Plan, the State consulted with persons of disabilities and has provided information regarding the Plan and the planning process, including the Plan and supporting documents, in alternative formats when requested (S112(b)(9).)

22. If you submit your Plan by posting it on an Internet web site, the State certifies that the content of the submitted Plan will not be changed after it is submitted, except with Department of Labor approval.