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. 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, 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 other shared costs are funded. Each local area MOU must comply
with section 121(c) of WIOA and Part C of 20 C.F.R. 678.
As a courtesy, the Ohio Department of Job and Family Services (ODJFS)
has developed an MOU template that includes the WIOA-required and other provisions
listed below. The template may be modified as needed. The local WDB or its designee
has the responsibility to complete each provision to clearly and accurately reflect
the terms and costs as 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 other shared costs associated with the operation
of the local workforce development system. The MOU should include:
a. A budget that
identifies all infrastructure and other shared 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.
IV. 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.
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.
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.
Direct linkage: Providing direct connection
at the OhioMeansJobs center, within a reasonable time, by phone or through real-time
Web-based communication to a program staff member who can provide program information
or services to the customer.
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 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. The
IFA details are to be completed within and generated from the state’s County Finance
Information System (CFIS) using the MOU Functions menu item.
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.
V. 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, has executed an MOU
with the 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 core partner agencies include:
1. Ohio Department
of Higher Education (Adult Education and Basic Literacy);
2. Opportunities
for Ohioans with Disabilities (Vocational Rehabilitation), and
3. Ohio Department
of Aging (Senior Community Employment Services Program).
VI. 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 other shared costs.
6. Methods to determine
each partner’s portion of infrastructure and other shared 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. 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;
d. The budget accurately
lists the agreed upon costs and cost methodologies; and
e. 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 CFIS 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 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 local signatures
are included (ODJFS will not process any MOU that does not have the signatures of
all parties);
c. All required provisions
are clearly written, and
d. The cost-sharing
provisions are consistent with the budget attachment and correctly entered in CFIS.
Upon completion of its review, Grants Administration will obtain
the signature of the ODJFS Workforce Administrator, 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.
VII. 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.
VIII. 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 WIOA No. 17-16, Infrastructure
Funding of the One-Stop Delivery System, (January 18, 2017).
USDOL, Training and Employment Guidance Letter One-Stop Operating
Guidance for the Workforce Innovation and Opportunity Act 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, Establishment of the Workforce Delivery System, (May 30, 2017).
ODJFS, Workforce Innovation and Opportunity Act Policy Letter No.
16-06, State Mechanism for Funding OhioMeansJobs Center Infrastructure Costs, (November
10, 2016).