I.Purpose
The purpose of this policy is to define the requirements for the
development and negotiation of the local workforce development area’s (local
area’s) memorandum of understanding (MOU) for the delivery of workforce and
other related services.
II.Effective
Date
Immediately
III.Rescission
Workforce Innovation and Opportunity Act (WIOA) Policy
Letter No. 16-11, Development of the Memorandum of Understanding for
the Workforce Delivery System (July 19, 2017).
IV.Background
Integrated service delivery is the cornerstone of the public
workforce delivery system, through which workforce development, educational,
and other human resource services are made available to individuals and
employers at the American Job Centers (in Ohio, called OhioMeansJobs centers)
in each local workforce development area. Management of the local service
delivery system is to be shared among states, local workforce development
boards (WDB), core Workforce Innovation and Opportunity Act (WIOA) programs,
required partners, additional partners, and OhioMeansJobs center operators.
WIOA sets forth the requirements for local workforce development
systems. Section 121 of WIOA identifies the required partner programs and
defines the responsibilities of local WDBs, chief elected officials (CEOs), and
partners in the operation of the local workforce development system. Workforce
Innovation and Opportunity Act Policy Letter (WIOAPL) No. 16-09.1,
Establishment of the Workforce Delivery System, provides the guidance for
determining required and non-required OhioMeansJobs center partners.
Required partner programs must make services available through
local workforce development systems and local OhioMeansJobs centers. Required
partners must also use a portion of their program funds to maintain local
workforce development systems in proportion to the use of and relative benefit
received. This includes costs of infrastructure and other costs associated with
the operation of the local workforce development system.
Local WDBs, CEOs, and local required and additional partners in
each local area must enter into good-faith negotiations to determine:
1.How services
and activities will be coordinated;
2.Which
services will be shared;
3.How
proportionate shares of costs will be determined, allocated, and funded;
4.How referrals
will be made; and
5.How all
parties will ensure that programs, services, and activities are accessible to
all individuals, including those with barriers to employment and individuals
with a disability.Once consensus is reached among the parties, the result of
negotiations will be written into a local WIOA memorandum of understanding
(MOU).
A.Content of Memorandum of Understanding
The MOU is a product of local discussion and negotiations and
should serve as a blueprint that clearly outlines the roles and
responsibilities of the local WDB, local partners, and partners’ staff in the
local workforce development system. Each provision of the MOU should be written
in a manner that provides any new local WDB member, CEO, local partner, or
other stakeholder a clear understanding of how services are coordinated through
the local workforce development system and how infrastructure and additional
costs are funded. Each local area MOU must comply with section 121(c) of WIOA
and Part C of 20 C.F.R. 678.
The Ohio Department of Job and Family Services (ODJFS) has
developed an MOU template which each local area shall use that includes the
WIOA-required and other provisions listed below. The template may be modified
as needed so long as each modification is clearly identified and provided to
ODJFS at least ten business days prior to submission of the MOU. The local WDB
or its designee has the responsibility of completing each provision to clearly
and accurately reflect the terms and costs agreed-upon during the negotiation
process.
The MOU template is available on the Office of Workforce
Development’s website at https://jfs.ohio.gov/owd/OneStops/owd-one-stops-mou-home.stm.
Any required modifications to the template must be completed by February 1 for
the subsequent fiscal year.
The contents of each provision should include the details
described below:
1.Services –A description of all services provided through the
local workforce development system and a description of how the local WDBs and
partners will coordinate delivery of those services, which should also include:
a.Identification
of each comprehensive, affiliate, and specialized OhioMeansJobs center where
local partners will make services and activities available;
b.A description
of how each partner program will make services and activities available,
including:
i. The number of partner staff members who will maintain a physical
presence at each OhioMeansJobs centers;
ii. The
number of hours per week the staff members will deliver services at each
OhioMeansJobs center; and
iii. How
partners that do not maintain a physical presence will provide a direct linkage
to services through technology and/or training of a different program partner
who is physically present at the OhioMeansJobs center.
c.Identification
of the services that will be shared by local partner’s staff members;
d.Contribution
of the partner staff time;
e.The number of
staff and staffing hours per week required for delivery of each shared service;
f.The method
to determine each local partner’s proportionate share of staff time to
contribute;
g.Each local
partner’s proportionate share of staff time; and
h.How coverage
will be ensured in the event of absences.
2.Operating Costs – A description of how the local WDB and
local partners will fund infrastructure and additional costs associated with
the operation of the local workforce development system. The MOU should
include:
a.A budget that
identifies all infrastructure and additional costs;
b.A description
of the method used to determine each partner’s proportionate share of costs;
c.A description
of the method used to allocate costs to each partner;
d.A description
of the resources each partner will use to fund its proportionate share of
costs, which may be cash, noncash, or third party in-kind contributions;
e.A description
of a method to reconcile budgeted costs to actuals on at least a quarterly
basis and to distribute updated budgets to the local partners;
f.A
description of the state infrastructure funding mechanism that will be
implemented should the parties fail to reach consensus on local infrastructure
costs through the local infrastructure funding mechanism (local negotiation of
infrastructure costs); and
g.The local
infrastructure funding agreement (IFA), which will be incorporated by reference
to the MOU.
The MOU template includes the necessary components of the IFA (e.g.,
effective time period of agreement, identification of partners, modification
process). The MOU budget attached to the MOU includes both the infrastructure
costs and additional costs necessary to operate the OhioMeansJobs center. The
infrastructure costs are the costs listed in the Facility, Resource Room,
Equipment and Supplies, Outreach and Marketing, and Miscellaneous Costs Pools
of the budget attachment. The additional costs are the costs listed in the
Center Personnel Cost Pool of the operating budget. By signing the MOU, the
parties (i.e., local WDB, CEO(s), and partners) also agree to the terms of the
IFA, including the modification and review process to ensure equable benefit
among partners, process to resolve issues when consensus cannot be reached,
operating budget, and projected partner contributions.
The IFAs must be executed and incorporated into the MOUs in
accordance with the United States Department of Labor (USDOL) Training &
Employment Guidance Letter (TEGL) 17-16 and WIOAPL No. 16-06, State Mechanism for Funding OhioMeansJobs Center
Infrastructure Costs.
3.Accessibility- The days and hours of operation for each
center, with access to programs, services, and activities in the comprehensive
center(s) to be made available during regular business days. A description of
the methods that will be used to ensure that both general access to services
and programmatic accessibility to services, including via technology and
materials available through the workforce delivery system, will address the
needs of job seekers, youth, Limited English proficient (LEP) individuals, and
individuals with barriers to employment, such as individuals with disabilities.
A description of any service hours available beyond regular business hours or
the plan in place to accommodate schedules of individuals who cannot visit a
center during regular business hours.
4.Methods of Referral- A clear description of the methods and
processes for referral of customers to appropriate services and activities
between the OhioMeansJobs center operator(s) and partner programs.
5.Agreement Period- The effective beginning and ending dates
for the MOU and for the MOU renewal period. The MOU period may cover an annual
or biennial period that is consistent with the state fiscal year and state
fiscal biennium. The MOU must include an assurance that the MOU will be
reviewed by local WDBs and partners no less than every two years.
6.Amendment Process- A detailed description of a process to
amend the MOU, including the events or circumstances that will necessitate an
amendment to the MOU.
7.Termination/Separation-A description of the conditions that
will prompt termination of the MOU as well as the process and potential
consequences for separation by a partner.
8.Confidentiality-A description of how the parties will ensure
confidential information will be safeguarded in accordance with the applicable
federal and state laws and regulations applicable to each partner program.
9.Dispute Resolution- The process the parties will follow to
resolve disputes in the event of an impasse during the negotiation process or
implementation of MOU provisions.
10.Safety & Security – Identification of each partner staff
member at the management level who will serve as the point of contact for each
respective partner program in regard to safety and personnel issues.
11.Signatories- Signatures of the CEO(s), local WDB director,
and authorized representatives of all required and additional partner programs
that are making services available through the local workforce development
system. Each signature line must identify the partner entity and the partner
program. The name of each authorized representative must be printed below the
signature line.
12.Negotiation- Documentation of the negotiation process and efforts
to reach consensus.
The MOU may contain any other provisions agreed to by the
parties that are consistent with WIOA title I, the authorizing statutes and
regulations of the OhioMeansJobs center partner programs, and the WIOA
regulations.
B.Memorandum of Understanding Negotiations
WIOA emphasizes full and effective partnerships between local
WDBs, chief elected officials, and OhioMeansJobs center partners. Local WDBs,
CEOs, and all required and additional partners must enter into good-faith
negotiations. Local WDBs, CEOs, and partners may also request assistance from
the State agency responsible for administering the partner program, or other
appropriate parties on other aspects of the MOU.
Should the parties reach an impasse, the local WDB or partners
must report it to the State and provide the documentation of the negotiation
efforts, including the MOU and/or budget if either have been developed and
signed by one or more parties.
If the impasse is not resolved by May 31 of the state fiscal
year immediately preceding the state fiscal year in which the renewal will take
effect, including failure to agree upon infrastructure funding costs, the State
will be required to implement the state infrastructure funding mechanism and
determine each local required partner’s proportionate share of infrastructure
costs in accordance with WIOAPL 16-06.
Should a required partner file an appeal to dispute the amount
determined by the State per WIOAPL 16-06, and the appeal results in an
adjustment of that partner’s share of infrastructure costs, the MOU, budget,
and IFA, if developed, must be amended to reflect that adjustment. Copies of
the updated MOU, budget, and IFA must be sent to all parties to the MOU in a
timely manner.
The IFA must be executed by May 31 of the state fiscal year
immediately preceding the state fiscal year in which it will take effect,
consistent with the MOU execution deadline.
C.Amendment and Renewal
WIOA requires that all MOUs contain provisions that specify when
amendment of the MOU is required during the agreed upon MOU period, and the
process and time-frame for renewal of the MOU at the conclusion of each MOU
period.
1.Amendment- The circumstances listed below will require
an amendment to the MOU. The local WDB and partners may agree to additional
circumstances that will prompt the amendment process.
a.The addition
or removal of a partner entity;
b.A change of
OhioMeansJobs center operator, the physical location of an OhioMeansJobs
center, or the administrative structure of a local workforce development
system; and/or
c.A change that
significantly alters negotiated terms of the MOU, such as changes in shared
services, service delivery, referral methods, or cost sharing.
Amendments that do not impact negotiated terms (e.g., the
addition of another partner entity that decreases partner costs and does not
impact shared services or the separation of a partner that has no impact on
shared costs or services) need only be signed by authorized representatives of
the local WDB, the CEOs, and the affected partner(s).
Any changes to the negotiated terms that affect all parties must
be signed by all parties and may require re-negotiation.
Quarterly reconciliation of the budget and IFA will not require
a formal amendment to the MOU.
Regardless of whether all parties have to sign, the MOU should
include a process to ensure that all parties receive advance notice of the
amendment and are provided the opportunity to comment. The MOU should also
include a provision to ensure that each party receive a copy of each executed
MOU amendment and updated budget and/or IFA, as applicable, within a timely
manner.
An amendment to the IFA will not require an amendment to the
MOU. However, an IFA amendment will require signatures of the local WDB,
CEO(s), and all local required partners.
2.Renewal – All local WDBs and partners are required to
renew the local MOU no less than every two years, with an MOU period that is
concurrent with the state fiscal biennium (beginning July 1 of even-numbered
years and ending June 30 of the subsequent odd-numbered year). Annual MOUs must
be renewed concurrent with the state fiscal year (beginning July 1 of the
current fiscal year and ending June 30 of the subsequent state fiscal year).
Regardless of whether the MOU period is annual or biennial, all
parties must meet at least once annually, preferably during the third quarter
of each state fiscal year to review the current MOU, budget, and IFA to
determine if re-negotiation of terms and/or costs is necessary.
If the parties agree that changes are necessary to an MOU
executed for a biennial period, the MOU may be amended instead of
renewed—unless the changes are so substantial that re-negotiation of the MOU is
necessary, in which case the existing MOU must be terminated upon the execution
of a new MOU.
For the renewal MOU period, the IFA must be negotiated and
executed concurrently with the MOU.
All renewal MOUs must be executed by May 31 of the state fiscal
year immediately preceding the state fiscal year in which it will take effect.
If an MOU is in process, but all signatures will not be acquired by the May 31
deadline, local WDBs must provide written notice to ODJFS that signatures are
forthcoming and provide an estimated date of submission. In order to avoid
delay in payment of partner contributions, MOUs should be executed prior to the
end of the current MOU period.
V.Definitions
Access: To each partner program
and its services means:
1.Having a
program staff member physically present at the OhioMeansJobs center;
2.Having a
staff member from a different partner program physically present at the
OhioMeansJobs center appropriately trained to provide information to customers
about the programs, services, and activities available through partner
programs; or
3.Making
available a direct linkage through technology to program staff who can provide
meaningful information or services.
Additional costs: Non-infrastructure
expenditures related to the operation of the OhioMeansJobs center delivery
system which must include the costs incurred by each required partner to
provide its career services through the delivery system and may include shared
operating costs and shared service costs.
Affiliate OhioMeansJobs center: A
site that makes available to job seeker and employer customers one or more of
the programs, services, and activities of the OhioMeansJobs Center’s partners.
Comprehensive OhioMeansJobs center:
A physical location where job seeker and employer customers can access the
programs, services, and activities of all required OhioMeansJobs center
partners.
Core program: A program which is
authorized under one of the following program provisions:
1.Chapters 2
and 3 of subtitle B of WIOA Title I, relating to youth workforce investment
activities and adult and dislocated worker employment and training activities;
2.Title II,
relating to adult education and literacy activities;
3.Sections 1
through 13 of the Wagner-Peyser Act (29 U.S.C. 49
et seq), relating to employment services; and
4.Title I of
the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq), relating to vocational
rehabilitation services.
Direct linkage: Providing
customers in an OhioMeansJobs center with direct connection by phone or through
real-time Web-based communication to a program staff member who can provide
meaningful program information or services to the customer.
Disability: Per section 29 C.F.R.
38.4(q) means, with respect to an individual:
1.A physical or
mental impairment that substantially limits one or more of the major life
activities of such individual;
2.A record of
such an impairment; or
3.Being
regarded as having such an impairment.
Good faith: Negotiations that
include fully and repeatedly engaging partners, transparently sharing
information, and maintaining a shared focus on the needs of the customer.
Infrastructure costs:
Non-personnel costs that are necessary for the general operation of an
OhioMeansJobs center, including rental costs of the facility, utilities,
maintenance, supplies, equipment, technology to facilitate access, and outreach
activities.
Infrastructure Funding Agreement (IFA):
An agreement between local WDBs, CEOs, and local required partners that
identifies local infrastructure costs and includes provisions for determination
of partner shares and resolution of infrastructure funding-related issues that
may arise, which, in Ohio, is incorporated in the MOU and any budget-related
attachments to it that are generated from the state’s designated financial
reporting system.
Limited English proficient (LEP)
individual: Per section 29 C.F.R. 38.4(hh) means an individual whose
primary language for communication is not English and who has a limited ability
to read, speak, write and/or understand English. LEP individuals may be
competent in English for certain types of communication (e.g., speaking or understanding),
but still be LEP for other purposes (e.g., reading or writing).
Local WIOA Memorandum of understanding
(MOU): An agreement developed and executed between the local WDB, with
the agreement of the CEO(s) and the OhioMeansJobs center partners, relating to
the operation of the OhioMeansJobs delivery system in the local area.
Local workforce development system:
A system under which entities responsible for administering separate workforce
development, education, and human services programs collaborate to create a
seamless system of service delivery that will enhance access to the programs'
services and improve long term employment outcomes for individuals and
businesses.
OhioMeansJobs center partner: An
entity described in section 121(b)(1) or (b)(2) of WIOA that participates in
the operation of the local workforce development system.
Partner Entity: The grant
recipient, administrative entity, or organization responsible for administering
the funds of the specified program in the local area.
Programmatic accessibility: Per
section 29 C.F.R. 38.4(tt) means policies, practices, and procedures providing
effective and meaningful opportunity for persons with disabilities to
participate in or benefit from aid, benefits, services, and training.
Specialized centers: Centers that
address specific needs, including those for dislocated workers, youth, or key
industry sectors, or clusters.
VI.State
Requirements
A.Negotiation Assistance
Upon request by local WDBs and/or local partners, ODJFS will
provide assistance to support negotiation efforts and/or to help resolve
disputes that may arise. ODJFS will also coordinate with state-level WIOA
partners as appropriate to mediate with local parties in an effort to resolve
the impasse.
The State Board, called the Governor’s Executive Workforce
Development Board (GEWDB), and the State agencies overseeing the partner
programs may consult with the appropriate Federal agencies regarding impasse
situations related to issues other than infrastructure funding, if ODJFS and state
partner intervention fails to resolve local disputes.
The Governor or the GEWDB must report the failure to resolve an
impasse to the Secretary of Labor and to the head of any other Federal agency
with responsibility for oversight of a partner’s program.
B.Good Partnership
ODJFS, in its role as the WIOA State Agency, collaborates with
other state-level partner agencies to demonstrate the State’s commitment to
good partnership by ensuring that staff members participating in negotiations
have the knowledge and information needed to be well prepared for the
negotiation process.
The state-level partners also agree to make the best efforts to
delay any staffing or other significant changes to the beginning of the next
state fiscal year and to work with local WDBs to minimize the impact of any
such changes on the other local partners. The state partner agencies in
addition to ODJFS include:
1.Ohio
Department of Higher Education (Adult Education and Family Literacy Act and
Carl D. Perkins Career and Technical Education Act);
2.Opportunities
for Ohioans with Disabilities (Vocational Rehabilitation),
3.Ohio
Development Services Agency (Community Services Block Grant), and
4.Ohio
Department of Aging (Senior Community Service Employment Program).
VII.Local
Workforce Development Area Requirements
A.Convening Negotiation Meeting
Prior to the beginning of the program year starting the biennial
budget, the local WDB must provide all partners at the OhioMeansJobs center(s)
the opportunity to participate in a negotiation process to determine how to
fund the costs of the local area’s OhioMeansJobs center(s) in the upcoming two
program years. On an annual basis, the local WDB must also provide partners the
opportunity to review the current MOU, budget, and IFA to determine if
re-negotiation of terms and/or costs is necessary and if the MOU needs
amendment or renewal. Local WDBs and partners must enter into good faith
negotiations.
The negotiation process must include at least one annual
meeting, preferably during the third quarter of the current state fiscal year,
to discuss the MOU. The local WDB and/or its director must schedule this
meeting and any additional meetings that are necessary. The purpose of the
meeting is to assess the partner’s roles, responsibilities, benefits, and
ability to assist in funding the OhioMeansJobs center(s).
The following topics should be covered during the negotiation
meeting:
1.Partner’s
presence or access to partner services in the OhioMeansJobs center.
2.Partner’s
role(s) and responsibility(ies) in the OhioMeansJobs center.
3.Coordination
of partner services offered through the local workforce development system.
4.Partner
benefit to having a presence in the OhioMeansJobs center (e.g., effortless
referral to partner program(s), cost savings, etc.).
5.Identification
of infrastructure and additional costs.
6.Methods to
determine each partner’s portion of infrastructure and additional costs and to
allocate costs to partners.
7.Resources
each partner will use to fund its proportionate share of costs, which may be
cash, noncash, or third-party in-kind contributions.
It may take more than one negotiation meeting to reach
agreement, prepare the partner’s portion of the MOU based upon these
negotiations, and obtain the partner’s signature.
It is strongly encouraged that the parties reconvene once the
MOU, budget, and IFA are developed to review and sign the documents. If this
isn’t feasible, the local WDB must develop a process for local partner review
and signature of the MOU, budget, and IFA that ensures each partner has the
opportunity to review each document and return the documents with signatures
and allows sufficient time for local WDBs to gather all signatures and submit
the documents to ODJFS.
B.MOU Submission
1.Local WDB Review- Prior to submission to partners for
signature, the local MOU and budget should be reviewed thoroughly to ensure:
a.All parties
to the MOU are identified in the introduction and are included on the signature
pages of the MOU;
b.All
negotiated terms have been included in the MOU in the proper location and are
clearly and accurately stated;
c.Any revisions
to the MOU template have been identified and communicated to ODJFS and approved
by authorized ODJFS officials;
d.The signature
lines for each partner, identify:
i.The partner
entity;
ii.The partner
program; and
iii.The
individual authorized to sign the MOU on behalf of the partner entity, by name
and by title;
e.The budget
accurately lists the agreed upon costs and cost methodologies; and
f.All other
attachments are accurate and up to date.
2.Partner review- Once the local WDB review is complete,
the MOU, budget generated as a report from the State’s designated financial
reporting system, and all attachments should then be distributed to all local
required and additional partners for review and signature, excluding the ODJFS
signature which is obtained later. If the parties cannot reconvene to sign the
MOU in person, the local WDB shall ensure the parties are given instructions to
return the complete MOU (MOU, signature pages and attachments) by a specified
date that allows the local WDB sufficient time to collect all signatures and
complete a final review prior to submission to ODJFS.
3.Submission- Once all local signatures have been collected,
each MOU should be reviewed to ensure that no further changes or redactions
have been made. Once the final review is complete, the MOU, the signature
pages, and all attachments should be combined into a single pdf document and
submitted to ODJFS, Office of Workforce Development (OWD) at
WIOAMOU@jfs.ohio.gov. Any additional attachments may be sent separately from
the MOU.
If the pdf is too large to be emailed or if mailing the MOU is
preferred by the local WDB, a hard copy of the MOU, the signature pages, and
all attachments may be sent to: ODJFS, Office of Workforce Development, Grants
Administration, 4020 East 5th Avenue, Columbus, Ohio 43219.
4.ODJFS Review and Signature- Upon receipt of each MOU,
the OWD Grants Administration Unit will conduct a review to ensure all of the
following:
a.All parties
are identified;
b.All known
required partners in the local area have signed the MOU and negotiated their
share of infrastructure and additional costs;
c.All local
signatures are included (ODJFS will not process any MOU that does not have the
signatures of all parties);
d.All required
provisions are clearly written, and
e.The
cost-sharing provisions are consistent with the budget attachment and correctly
entered in the financial reporting system.
Upon completion of its review, Grants Administration will obtain
the signature of an ODJFS official, who will sign for ODJFS in its role as the
required partner, and the signature of the ODJFS Assistant Director, who will
sign for ODJFS in its role as the administrative and oversight agency for WIOA
programs and the statewide workforce development system and as the required
partner.
Grants Administration will send a pdf copy of each fully signed
and executed MOU with all attachments to each local WDB. Local WDBs or their
designees have the responsibility to ensure that the CEOs and each local
partner receive a copy of the fully executed MOU and attachments.
VIII. Technical Assistance
ODJFS, OWD Grants Administration will provide guidance and
technical assistance to local WDBs and partners on matters relevant to the MOU,
including, but not limited to:
- Negotiation preparation;
- MOU and/or IFA development;
- Compliance with WIOA and all applicable federal
and state laws, regulations, and policies; and
- Any other matters that may arise.
Requests for technical assistance may be sent to OWD, Grants
Administration at WIOAMOU@jfs.ohio.gov.
IX.References
Workforce Innovation and Opportunity Act, §§ 121 and 188, Public
Law 113-128.
20 C.F.R. §§ 678.500 – 678.510.
29 C.F.R. § 38.4.
34 C.F.R. §§ 463.500 – 463.510, and 361.500 – 361.510.
USDOL, Training and Employment Guidance Letter No. 17-16,
Infrastructure Funding of the One-Stop Delivery System, (January 18, 2017).
USDOL, Training and Employment Guidance Letter No. 16-16,
One-Stop Operations Guidance for the American Job Center Network, (January 18,
2017).
ODJFS, Workforce Innovation and Opportunity Act Policy Letter
No. 16-09.1, Establishment of the Workforce Delivery System.
ODJFS, Workforce Innovation and Opportunity Act Policy Letter
No. 16-06, State Mechanism for Funding OhioMeansJobs Center Infrastructure
Costs, (November 10, 2016).