DWD 830.06(15)(c)2.
2. No client may be placed in, or remain working in, any position affected by a labor dispute involving a work stoppage or strike;
DWD 830.06(15)(c)3.
3. No WisJOBS program may impair existing contracts for services or collective bargaining agreements.
DWD 830.06(16)
(16) Maintenance of effort. The grantee shall comply with the maintenance of effort provisions described as follows:
DWD 830.06(16)(a)
(a) Displacements. WisJOBS programs shall subsidize new positions which result in an increase in the number of jobs over those which would otherwise be available with the employer; and may not result in the total or partial displacement of currently employed workers, or reduction in hours of nonovertime work and wages available to or worked by a current employee authorized under
s. 101.35 (8), Stats.
DWD 830.06(16)(b)
(b) Hiring freezes. WisJOBS clients may not be hired into, or remain working in, any position when the same or a substantially equivalent position is vacant due to a hiring freeze.
DWD 830.06(16)(c)
(c) Layoffs. WisJOBS clients may not be hired into, or remain working in, any position when any person who is not funded by WisJOBS is on layoff from the same or a substantially equivalent position in the same organizational unit of the employer. For the purposes of this paragraph, a layoff is in effect until the expiration of the period required by a recall list; or if no recall list or reemployment rights exist, for a period of one year from the last layoff or until the next operating year of the department or agency, whichever occurs later.
DWD 830.06(17)
(17) Criminal provisions. The grantor shall initiate action to prosecute to the full extent of the law any officer, director, agent or employee of a grantee or employer receiving WisJOBS funds who commits any of the following acts:
DWD 830.06(17)(a)
(a) Enrollment of ineligibles. Knowingly hiring or enrolling an ineligible individual;
DWD 830.06(17)(b)
(b) Misapplication or theft of funds. Embezzling, willfully misapplying, stealing, or obtaining by fraud any funds which are the subject of a WisJOBS grant;
DWD 830.06(17)(c)
(c) Inducement or threats. Inducing another person to give up money or something of value to a person or grantee by threat of dismissal or refusal to renew a WisJOBS grant;
DWD 830.06(17)(d)
(d) Obstructing or impeding investigations or inquiries. Willfully obstructing or impeding, or attempting to obstruct or impede, an investigation or inquiry into activities relating to a WisJOBS grant when those activities are alleged to be criminal or a violation of the law, this chapter or the PPM;
DWD 830.06(17)(e)
(e) Promising special consideration. Directly or indirectly promising any wage reimbursement contract as special consideration, favor, or reward for any political activity; or
DWD 830.06(17)(f)
(f) Coercion. Coercing another individual into making a political contribution by denying, or threatening to deny, employment or benefits under a WisJOBS grant.
DWD 830.06(18)
(18) Responsibility for preventing fraud and abuse. The grantee shall be responsible for the provisions to prevent fraud and abuse described as follows:
DWD 830.06(18)(a)
(a) Establish and utilize management procedures. The grantee shall establish and use internal program and fiscal management procedures sufficient to prevent fraud and program abuse.
DWD 830.06(18)(b)
(b) Maintain sufficient and adequate records. The grantee shall ensure that sufficient auditable and otherwise adequate records and documentation are maintained which support the expenditure of all WisJOBS funds. Such records shall be sufficient to allow the DETP or the state of Wisconsin to audit and monitor the WisJOBS program.
DWD 830.06(18)(c)
(c) Establish procedures and conduct monitoring. The grantee shall establish monitoring procedures to periodically monitor and review through on-site visits and program data, all program activities supported with funds under a WisJOBS grant to ensure compliance with the appropriate legislation, this chapter and the PPM.
DWD 830.06(18)(d)
(d) Report allegations or complaints. Any person who becomes aware of an allegation or complaint about possible fraud, misfeasance, nonfeasance, malfeasance, misapplication of funds, gross mismanagement, and employer, employee, or client misconduct involving WisJOBS programs or operations shall immediately report such incidents to the district attorney for the county in which the alleged violation took place and simultaneously transmit a copy of the report to the DETP.
DWD 830.06(19)
(19) Liability. The grantee shall assure that it will comply with the following provisions of liability:
DWD 830.06(19)(a)
(a) Liability for claims. Neither the state of Wisconsin nor the DETP may assume any liability with respect to bodily injury, illness, or any other damages or losses, or with respect to any claims arising out of any activities undertaken under a WisJOBS grant or agreement, whether concerning persons or property in the grantee's organization or third parties. The grantee shall insure or otherwise protect itself with regard to activities under the grant. As evidence of ability to assume potential liability beyond that which is covered by insurance, the grantee shall submit the following to the DETP:
DWD 830.06(19)(a)1.
1. Evidence that such liability is underwritten by a unit or units of local government; or
DWD 830.06(19)(a)2.
2. Assurance of ability to meet risks inherent to program activities under the grant.
DWD 830.06(19)(b)
(b) Bonding coverage. The grantee shall provide bonding coverage for every officer, director, agent, or employee authorized to receive or deposit DETP funds in program accounts, or to issue financial documents, checks or other instruments of payment for grant costs. The amount of bonding shall be the lower of the following:
DWD 830.06(19)(c)
(c) Bonding cancellation. The grantee shall immediately notify the DETP if the bond is cancelled or reduced.
DWD 830.06(19)(d)
(d) Liability for disallowed costs. The grantee shall assume liability for any costs disallowed by the DETP because of violations of provisions in applicable laws, this chapter, the PPM, or the individual grant or contract. The DETP reserves the right to withhold payment of costs from current WisJOBS grants if the grantee fails to comply with the provisions of its grant agreement.
DWD 830.06(20)
(20) Program specifications. The grantee assures that it shall comply with the following program specifications:
DWD 830.06(20)(a)
(a) Qualified business priorities. In allocating funds, the grantee shall give priority to qualified businesses which meet the criteria authorized under
s. 101.35 (10), Stats.
DWD 830.06(20)(b)
(b) Identification of qualified businesses. The grantee shall develop written procedures for identifying qualified businesses, including those that meet the qualified business priorities authorized under
s. 101.35 (10), Stats.
DWD 830.06(20)(c)
(c) Grant diversion funding. The grantee shall document the results of its attempts to obtain AFDC grant diversion funding authorized under
s. 101.35 (10) (c), Stats.
DWD 830.06(20)(d)
(d) County area emphasis. The grantee shall document the results of its attempts to subsidize wages for positions in areas of the greatest unemployment authorized under
s. 101.35 (10) (d), Stats.
DWD 830.06 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89.
DWD 830.07(1)(1)
General principles affecting allowability of costs. Grantee expenses shall meet the following general criteria in order to be allowable:
DWD 830.07(1)(a)
(a) Necessary and reasonable. Expenses shall be necessary and reasonable for proper and efficient administration of the WisJOBS program, be allocable thereto, and not be a general expense required to carry out the overall responsibilities of the grantee;
DWD 830.07(1)(b)
(b) Authorized or not prohibited. Expenses shall be authorized or not prohibited under state or local laws, rules or regulations;
DWD 830.07(1)(c)
(c) Conform to limitations or exclusions. Expenses shall conform to any limitations or exclusions set forth in applicable law, this chapter, or the PPM;
DWD 830.07(1)(d)
(d) Consistent with grantee activity. Expenses shall be consistent with policies, regulations, and procedures that apply uniformly to other activities of the agency of which the grantee is a part;
DWD 830.07(1)(e)
(e) Consistent with accepted accounting principles. Expenses shall be accorded consistent treatment through application of generally accepted accounting principles appropriate to the circumstances; and
DWD 830.07(2)
(2) Cost limits. The grantee shall comply with the following cost limits:
DWD 830.07(2)(a)
(a) Administration. A grantee may not expend more than 10% of total grant expenditures for administrative costs associated with the WisJOBS program. Compliance will be determined as of the end of the grant.
DWD 830.07(2)(b)
(b) Subsidized wages. A grantee shall expend at least 80% of total grant expenditures to subsidize wages for clients who meet the criteria authorized under
s. 101.35 (10) (b), Stats. Compliance will be determined as of the end of the grant.
DWD 830.07 History
History: Cr.
Register, May, 1989, No. 401, eff. 6-1-89.
DWD 830.08
DWD 830.08
Administrative requirements. The following requirements apply to all WisJOBS grantees:
DWD 830.08(1)
(1) Access, retention and custodial requirements for records. The grantee shall comply with the following requirements for the access, retention and custody of records:
DWD 830.08(1)(a)
(a) Access to records. The grantee shall maintain and provide access to WisJOBS records and cooperate with monitoring, auditing and evaluation activities described as follows:
DWD 830.08(1)(a)1.
1. The grantee shall maintain records and provide access to them as necessary for the DETP to assure that funds are being expended in accordance with the purposes and provisions of the WisJOBS PPM, and to assist the DETP in determining the extent to which the program meets the requirements of the PPM, this chapter and s.
106.20, Stats.
DWD 830.08(1)(a)2.
2. The grantee shall give the state of Wisconsin and the DETP, through any authorized representative, the access to and the right to examine all records, books, papers, or documents related to its WisJOBS grant and contracts.
DWD 830.08(1)(a)3.
3. The grantee shall cooperate with monitoring, auditing and evaluation activities regarding its WisJOBS program, including unannounced monitoring visits conducted by the DETP.
DWD 830.08(1)(a)4.
4. The grantee shall retain and make records available to the public in accordance with applicable laws governing open records and freedom of information.
DWD 830.08(1)(b)
(b) Retention of records. The grantee shall retain the following records for three years beyond resolution of any applicable litigation, audit findings, or claims:
DWD 830.08(1)(b)1.
1. All records pertinent to each client's enrollment in the WisJOBS program, including wage information, dates of entry and termination, and documentation of eligibility.
DWD 830.08(1)(b)2.
2. All records pertinent to its WisJOBS grant agreement, including financial and statistical records and supporting documents.
DWD 830.08(1)(c)
(c) Custody of records. The grantee shall provide custody of WisJOBS records. The grantee's custodial requirements may be discontinued in accordance with the following:
DWD 830.08(1)(c)1.
1. The DETP may request transfer of certain records to its custody from the grantee if the grantee is no longer able to maintain custody of those records.
DWD 830.08(1)(c)2.
2. The grantee shall provide the DETP with 30 days advance notice if it intends to discontinue maintenance of its records before the end of the mandatory retention periods indicated above.
DWD 830.08(2)
(2) Standards for financial management systems. The grantee assures it shall comply with the following standards for financial management systems:
DWD 830.08(2)(a)
(a) Written procedures. The grantee shall establish written procedures documenting its financial management system.
DWD 830.08(2)(b)
(b) Financial management systems. The grantee's financial management systems shall provide for the following:
DWD 830.08(2)(b)1.
1. Effective internal controls to adequately safeguard assets from waste, fraud and abuse and from unauthorized purposes and inefficient use; promote accuracy and reliability in the accounting records; and encourage and measure compliance with this document, state and local laws and regulations, where applicable.
DWD 830.08(2)(b)2.
2. Accounting records that adequately identify the source and application of DETP funds and are properly supported by source documentation. These records shall contain information pertaining to DETP grant awards, authorizations, revenues, expenditures, assets, obligations, and unobligated balances.
DWD 830.08(2)(b)3.
3. Determining the reasonableness, allowability and allocability of expenses in accordance with the provisions for cost determination in this chapter and the terms of the grant or other agreement.
DWD 830.08(2)(b)4.
4. Accurate, current and complete disclosure of the financial results of each grant in accordance with the DETP reporting requirements identified in the PPM.
DWD 830.08(2)(b)6.
6. Development of financial information that relates to performance and unit cost data.
DWD 830.08(2)(b)7.
7. Procedures to reduce excess cash by minimizing the time elapsing between the transfer of funds from the DETP and the disbursement by the grantee. The DETP may require corrective action to reduce excess cash if the grantee consistently fails to conform to DETP guidelines for excess cash in the PPM. The DETP may charge the grantee an interest assessment on funds that are in excess of immediate needs. The DETP may seek recovery of funds in the event of serious abuse.
DWD 830.08(2)(b)8.
8. Deposit of DETP funds in interest bearing account(s) insured by the FDIC or the FSLIC. Account balances exceeding FDIC or FSLIC coverage must be collaterally secured. Grantees are not required to account to the DETP for interest income and may retain interest earned on DETP funds.
DWD 830.08(2)(c)
(c) Corrective action. The DETP may require corrective action by a specific date if the grantee's financial management system fails to meet the standards set forth in this subsection. Grantees who fail to take corrective action in the time given are subject to having costs withheld or disallowed.
DWD 830.08(3)
(3) Invoicing procedures. The grantee shall submit requests in accordance with the procedures in the PPM to receive cash advances or reimbursements.
DWD 830.08(4)
(4) Financial reporting requirements. The grantee shall comply with the following financial reporting requirements:
DWD 830.08(4)(a)
(a) Financial reports. The grantee shall submit accurate and timely financial reports as required by the PPM. Such reports include statements of accrued expenditures, aged accounts receivable reports and settlement and closeout reports.
DWD 830.08(4)(b)
(b) Late and inaccurate reports. In the event that required reports are not accurate or are not submitted on a timely basis, the DETP may withhold payment of the grantee's costs incurred under the current grant or subsequent active grants until the required reports are received.
DWD 830.08(4)(c)
(c) Additional reports. The grantee may be required to submit additional reports requested by DETP for the performance of its legal responsibilities.
DWD 830.08(5)
(5) Monitoring. The grantee shall comply with the following monitoring requirements:
DWD 830.08(5)(a)
(a) Program and financial monitoring. The grantee shall conduct sufficient program, financial and compliance monitoring to ensure that each employer complies with the terms of its contract and the appropriate laws, this chapter and the PPM.
DWD 830.08(5)(b)
(b) Monitoring records. The grantee shall maintain adequate records to verify that required monitoring, corrective action and follow-up have occurred.
DWD 830.08(6)
(6) Procurement standards. These procurement standards apply to the procurement of property, supplies, equipment, consultants, and professional services. The grantee shall comply with the following procurement standards:
DWD 830.08(6)(a)
(a) Written procedures. The grantee shall establish written procurement procedures that, to the maximum extent practical, provide for the following:
DWD 830.08(6)(a)1.
1. Open and free competition. This includes the requirement that for a particular procurement, a grantee who develops specifications, the statement of work, an invitation for bids, a RFP, or evaluates or recommends such proposals, shall not be eligible to compete for the procurement.
DWD 830.08(6)(a)2.
2. Consideration of both price and the contractor's potential ability to meet specifications.
DWD 830.08(6)(a)3.
3. Avoidance of purchasing unnecessary or duplicative goods or services.
