Memorandum of Understanding (MOU)

Transcription

1 Memorandum of Understanding (MOU) among the Central Oklahoma Workforce Innovation Board And Providers of Adult Education and Literacy Activities authorized under WIOA Title II: Chickasha Public Schools Meridian Technology Center Oklahoma City Community College Oklahoma State University Institute of Technology (OSU-IT) Norman Public Schools Shawnee Public Schools With the Agreement of the Board of Chief Elected Officials For the Central Oklahoma Workforce Area

2 Table of Contents Topic Page I. Parties 4 II. Purpose 6 III. Background and Authority 7 IV. Roles and Responsibilities of One-Stop Partners 7 A. This MOU as Defined in the Law and Regulations ( ) B. Role of the One-Stop Partners ( ) C. Role of the COWIB D. Role of the BCEO V. Required One-Stop Partners 12 VI. Additional One-Stop Partners 13 VII. Description of the One-Stop Delivery System 14 A. Defining the One-Stop Delivery System B. Defining the Geographic Area C. Comprehensive Centers and Additional Arrangements D. Common Identifier VIII. Coordination and Delivery of Services 23 A. One-Stop Operator B. Services to be Provided C. Physical and Programmatic Accessibility D. Methods of Referrals E. Confidentiality of Information IX. Operation of the One-Stop Delivery System 31 A. Participation by One-Stop Partners B. Providing Access at the Comprehensive One-Stop Centers C. Identification of Infrastructure Costs D. Identification of Other Funds and Shared Services X. Jointly Funding the System Infrastructure 37 A. Infrastructure Funding Agreement Attachment (5) B. The Local Infrastructure Funding Mechanism C. Duties of the Fiscal Agent D. Achieving Consensus / Assuring Compliance E. Failure to Reach Consensus on Infrastructure Funding 2

3 Table of Contents, continued Topic Page XI. Additional Costs of the One-Stop System 41 A. Paying for Applicable Career Services (Required) B. Paying for Other Shared Operating Costs and Shared Services C. Documenting Compliance with WIOA Section 121(i) XII. Disputes 44 XIII. Duration 45 XIV. Annual Review and Modifications 46 A. Annual Review B. Modification XV. Effect 46 A. No Rights Conferred B. Liability C. Severability D. Governing Law E. Non-Assignment F. Approval Required XVI. Identification and Signatures of Parties 48 Attachments: (1) Access and Referral Methods (2) Oklahoma Works Workforce System Access for All Certification Process (3) One-Stop Operating Budget, including -- Infrastructure Costs; and Additional Costs: Costs of Applicable Career Services; Shared Operating Costs; Costs of Shared Services (if any). (4) Infrastructure Funding Agreement (5) Additional Costs Agreement (6) Reservations / Stipulations 3

4 I. Parties This Memorandum of Understanding ( MOU ) is entered into by the Central Oklahoma Workforce Innovation Board ( COWIB or Local Board ) and the following providers of Adult Education and Literacy Activities authorized under WIOA Title II: Chickasha Public Schools Meridian Technology Center Oklahoma City Community College Oklahoma State University Institute of Technology (OSU-IT) Norman Public Schools Shawnee Public Schools Throughout this MOU, the providers listed above may be referred to as Adult Education Providers or One-Stop Partners or simply Partners. COWIB is the local workforce development board for the 9-county Central Oklahoma workforce area (described in Section VII of this MOU). Each of the providers of Adult Education and Literacy Activities listed above have been selected by the Oklahoma Department of Career and Technology Education (ODCTE) to deliver services in one or more of the counties in the Central Oklahoma workforce area. As allowed by (b) of the WIOA Joint Rule also known as the Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions -- ODCTE has delegated its responsibilities as a one-stop partner to the providers listed above. Consequently, each of the above-listed providers is recognized as a one-stop partner in the American Job Center network in Central Oklahoma. This is because each provider carries out adult education and literacy activities in the Central Oklahoma area and because ODCTE has delegated its responsibilities as a one-stop partner. The duties of one-stop partners (American Job Center Partners) are described in more detail in Sections IV and V of this MOU. COWIB and the providers of Adult Education and Literacy Activities listed above are collectively referred to as the Parties to this MOU. This MOU is executed with the agreement of the Board of Chief Elected Officials (BCEO) for the Central Oklahoma workforce development area. 4

5 Related Agreement. In addition to this agreement, COWIB will have separate but related MOU s with: Association of South Central Oklahoma Governments (ASCOG); Francis Tuttle Technology Center; Oklahoma State University Oklahoma City (OSU-OKC); and Other partners in the American Job Center network in the Central Oklahoma workforce development area, including: o AARP Senior Employment Foundation o Absentee Shawnee Tribe o Board of Chief Elected Officials (Central Oklahoma) o Cheyenne & Arapaho Tribes of Oklahoma o Citizen Potawatomi Nation o Central Oklahoma Community Action Agency o Community Action Agency of OKC o Deep Fork Community Action Foundation o Guthrie Job Corps Center o It's My Community Initiative o National Indian Council on Aging o Norman Housing Authority o Oklahoma City Community College o Oklahoma City Housing Authority o Oklahoma Department of Human Services o Oklahoma Department of Rehabilitation Services o Oklahoma Employment Security Commission o ORO Development Corporation o Rose State College o Seminole Nation of Oklahoma o Talking Leaves Job Corps Center o United Urban Indian Council These separate but related MOU s will replicate the features of this MOU in most respects. Each of the partners listed above is recognized as an American Job Center network Partner in Central Oklahoma. 5

6 II. Purpose MOU for Signatures The purpose of this MOU is to document an agreement between COWIB and the Partners for the operation of the COWIB One-Stop delivery system, consistent with COWIB Policy and Section 121(c) of the federal Workforce Innovation and Opportunity Act (WIOA). In this document, the One-Stop delivery system is also referred to as the American Job Center Network for Central Oklahoma. The purpose of this Memorandum of Understanding (MOU) is to define the parameters within which education, workforce, economic development, and other Partner programs and entities operating in the Central Oklahoma area may create a seamless, customer-focused American Job Center network that aligns service delivery and enhances access to program services. By realizing one-stop opportunities together, partners are able to build community-benefiting bridges, rather than silos of programmatic isolation. These partnerships will reduce administrative burden and costs and increase customer access and performance outcomes. This MOU summarizes the requirements of the WIOA law and regulations. It documents our understanding of these requirements. It also describes how the Parties will comply with the requirements as we interpret them. The MOU includes a description of certain duties of the COWIB as well as the Partners. It includes several attachments, including: A statement of the Access and Referral Methods that will be used to provide access to Partner programs and services including a description of applicable Career Services that will be provided by the Partners; A One-Stop Operating Budget, including: o Infrastructure costs and o Additional costs, which are made up of: The costs of applicable career services; Shared operating costs; and The costs of shared services (if any); An Infrastructure Funding Agreement; An Additional Costs Agreement; and A statement of any reservations or stipulations that may be needed to clarify the MOU. The duration of this Memorandum of Understanding is given in Section XIII. 6

7 III. MOU for Signatures Background and Authority This Memorandum of Understanding (MOU) is authorized pursuant to the federal Workforce Innovation and Opportunity Act, Section 121(c). The Workforce Innovation and Opportunity Act (WIOA) sec. 121(c)(1) requires the Local Board, with the agreement of the Board of Chief Elected Officials (BCEO), to develop and enter into a Memorandum of Understanding (MOU) between the Local Board and the One-Stop Partners, consistent with WIOA Sec. 121(c)(2), concerning the operation of the one-stop delivery system in a local area. This requirement is further described in the Workforce Innovation and Opportunity Act; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions: Final Rule at 20 CFR , 34 CFR , and 34 CFR , and in Federal guidance. Additionally, the sharing and allocation of infrastructure costs among one-stop partners is governed by WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 CFR part 200. The Parties agree that the Central Oklahoma Workforce Innovation Board is the entity appointed and designated by the Board of Chief Elected Officials to be the local Workforce Development Board as defined in WIOA Section 107, and to perform the functions assigned to such boards under WIOA. IV. Roles and Responsibilities of the Partners A. This MOU as Defined in the Law and Regulations ( ) As provided in Section 121(a) of the Workforce Innovation and Opportunity Act (WIOA), the COWIB has a duty to develop and enter into a memorandum of understanding with the Partners in the Central Oklahoma area: SEC ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEMS. (a) IN GENERAL. Consistent with an approved State plan, the local board for a local area, with the agreement of the chief elected official for the local area, shall (1) develop and enter into the memorandum of understanding described in subsection (c) with one-stop partners. The WIOA Final Joint Rule further describes the required contents of the Memorandum of Understanding (MOU): 7

8 Subpart C Memorandum of Understanding for the One-Stop Delivery System What is the Memorandum of Understanding for the onestop delivery system and what must be included in the Memorandum of Understanding? (a) The MOU is the product of local discussion and negotiation, and is an agreement developed and executed between the Local WDB, with the agreement of the chief elected official and the one-stop partners, relating to the operation of the one-stop delivery system in the local area. Two or more local areas in a region may develop a single joint MOU, if they are in a region that has submitted a regional plan under sec. 106 of WIOA. (b) The MOU must include: (1) A description of services to be provided through the one-stop delivery system, including the manner in which the services will be coordinated and delivered through the system; (2) Agreement on funding the costs of the services and the operating costs of the system, including: (i) Funding of infrastructure costs of one-stop centers in accordance with through ; and (ii) Funding of the shared services and operating costs of the one-stop delivery system described in ; (3) Methods for referring individuals between the one-stop operators and partners for appropriate services and activities; (4) Methods to ensure that the needs of workers, youth, and individuals with barriers to employment, including individuals with disabilities, are addressed in providing access to services, including access to technology and materials that are available through the one-stop delivery system; (5) The duration of the MOU and procedures for amending it; and (6) Assurances that each MOU will be reviewed, and if substantial changes have occurred, renewed, not less than once every 3-year period to ensure appropriate funding and delivery of services. (c) 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 one-stop partner programs, and the WIOA regulations. (d) When fully executed, the MOU must contain the signatures of the Local WDB, one-stop partners, the chief elected official(s), and the time period in which the agreement is effective. The MOU must be updated not less than every 3 years to reflect any changes in the 8

9 signatory official of the Board, one-stop partners, and chief elected officials, or one-stop infrastructure funding. (e) If a one-stop partner appeal to the State regarding infrastructure costs, using the process described in , results in a change to the one-stop partner s infrastructure cost contributions, the MOU must be updated to reflect the final one-stop partner infrastructure cost contributions. With respect to the description of services to be provided through the onestop delivery system, this description is given in Section VII of this MOU. (Reference: (b)(1)) With respect to the plan describing how the costs of the services and the operating costs of the system will be funded, this plan is described in Sections X and XI of this MOU. (Reference: (b)(2)) With respect to the methods for referring individuals, this description is given in Section VIII-C of this MOU. (Reference: (b)(3)) With respect to the methods to ensure that the needs of workers, youth, and individuals with barriers to employment are addressed in providing access to services, this topic is addressed in Section VIII-B of this MOU. (Reference: (b)(4)) With respect to the duration of the MOU and procedures for amending it, these provisions are given in Sections XIII and XIV of this MOU. (Reference: (b)(5)) With respect to the required assurances that each MOU will be reviewed, and if substantial changes have occurred, renewed, not less than once every 3-year period to ensure appropriate funding and delivery of services, these are described in Section XIV of this MOU. (Reference: (b)(6)) B. Role of the One-Stop Partners ( ) As provided in Section 121(b)(1)(A) of the Workforce Innovation and Opportunity Act (WIOA), each Partner has a duty to perform certain responsibilities with regard to the One-Stop Delivery System. These duties pertain to the Adult Education Providers. They are described as follows: (A) ROLES AND RESPONSIBILITIES OF ONE-STOP PARTNERS. Each entity shall (i) provide access through the one-stop delivery system to such program or activities carried out by the entity, including making the career services described in section 134(c)(2) that are applicable 9

10 to the program or activities available at the one-stop centers (in addition to any other appropriate locations); (ii) use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers in accordance with subsection (h); (iii) enter into a local memorandum of understanding with the local board, relating to the operation of the one-stop system, that meets the requirements of subsection (c); (iv) participate in the operation of the one-stop system consistent with the terms of the memorandum of understanding, the requirements of this title, and the requirements of the Federal laws authorizing the program or activities; and (v) provide representation on the State board to the extent provided under section 101. The duties of the Partners are further explained in this MOU. C. Role of the COWIB As the local workforce development board for the Central Oklahoma area, COWIB ensures the workforce-related needs of employers, workers, and job seekers are met, to the maximum extent possible, with available resources. COWIB will, at a minimum: In Partnership with the Board of Chief Elected Officials (BCEO) and other applicable Partners within the Central Oklahoma area, develop and submit a Local Plan that includes a description of the activities that shall be undertaken by COWIB and its Partners. The Local Plan includes a statement of the Board s strategic vision, goals, objectives, and workforce-related policies. In cooperation with the BCEO, design and approve the American Job Center network structure. This includes, but is not limited to: o Adequate, sufficient, and accessible one-stop center locations and facilities; o Sufficient numbers and types of providers of career and training services (including eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities); o A holistic system of supporting services; and o One or more competitively procured one-stop operators. 10

11 MOU for Signatures In collaboration with the BCEO, designate through a competitive process, oversee, monitor, implement corrective action, and, if applicable, terminate the one-stop operator(s). Determine the role and day-to-day duties of the one-stop operator. Approve annual budget allocations for operation of the American Job Center network. Help the one-stop operator recruit operational Partners and negotiate MOUs with new Partners. Leverage additional funding for the American Job Center network to operate and expand one-stop customer activities and resources; and Review and evaluate performance of the Central Oklahoma workforce development area and one-stop operator. Additionally, COWIB agrees to support this MOU by: o Convening Partner management committees and workgroups, etc., for the purpose of coordinating the delivery of services in the Central Oklahoma workforce area; o Issuing policy guidance as required by the WIOA law and regulations; and o Conducting oversight with respect to the one-stop delivery system in the local area, as required in Section 121(a)(3) of WIOA. D. Role of the BCEO The Chief Elected Official for the Central Oklahoma workforce development area is a consortium of local units of government the Board of Chief Elected Officials (BCEO) representing each of the nine counties in Central Oklahoma. The CEO will, at a minimum: In Partnership with COWIB and other applicable Partners within the local area, develop and submit a Local Plan that includes a description of the activities that shall be undertaken by COWIB and its Partners; In Partnership with COWIB and other applicable Partners within the planning region, approve this MOU; Approve the selection of the one-stop operator following the competitive procurement process; and 11

12 MOU for Signatures Coordinate with COWIB to oversee the operations of the American Job Center network in Central Oklahoma. V. Required One-Stop Partners As explained in WIOA Section 121(b)(1), certain organizations and entities are considered to be required partners in our local One-Stop system. A required One-Stop Partner is an entity that carries out a program or activities described in subparagraph (B) of Section 121(b)(1) of WIOA. Required One-Stop Partners in Central Oklahoma are the following agencies / organizations: Program / Activity One-Stop Partner (a) Programs authorized under Title I of WIOA: (i) Adults & Dislocated Worker Activities Board of Local Elected Officials (WIOA Chapter 3) (Central Oklahoma) (ii) Youth Workforce Investment Activities Board of Local Elected Officials (WIOA Chapter 2) (Central Oklahoma) (iii) Job Corps (WIOA Title I, Subtitle C) Guthrie Job Corps Center; Talking Leaves Job Corps Center (iv) YouthBuild (WIOA Section 171 et seq) [ no program in this area ] (v) Native American programs Absentee Shawnee Tribe; (WIOA Section 166 et seq) Cheyenne and Arapaho Tribes of OK; Citizen Potawatomi Nation; Seminole Nation of Oklahoma; United Urban Indian Council (vi) Migrant and seasonal farmworker ORO Development Corporation Programs (WIOA Section 167 et seq) (b) Programs authorized under the Oklahoma Employment Security Wagner-Peyser Act (29 U.S.C. 49 et seq.) Commission (c) Adult education and literacy activities Chickasha Public Schools; authorized under title II; Meridian Technology Center; Norman Public Schools; Oklahoma City Community College; OSU-IT; Shawnee Public Schools (d) Programs authorized under title I of the Oklahoma Department of Rehabilitation Rehabilitation Act of 1973 Services; (29 U.S.C. 720 et seq.); 12

13 Program / Activity One-Stop Partner (e) Activities authorized under title V of the AARP Senior Employment Foundation; Older Americans Act of 1965 ASCOG; (42 U.S.C et seq.); National Indian Council on Aging (NICOA); (f) Career and technical education programs Francis Tuttle Technology Center; at the postsecondary level authorized under the Oklahoma City Community College; Carl D. Perkins Career and Technical Education Oklahoma State University OKC; Act of 2006 (20 U.S.C et seq.); Rose State College (g) Activities authorized under chapter 2 of title II of the Trade Act of 1974 (19 U.S.C et seq.); Oklahoma Employment Security Commission (h) Activities authorized under chapter 41 of Oklahoma Employment Security Title 38, United States Code; Commission (i) Employment and training activities carried Central OK Community Action Agency; out under the Community Services Block Grant Deep Fork Community Action Foundation; Act (42 U.S.C et seq.); CAA of Oklahoma City / OK / Canadian (j) Employment and training activities carried out by the Department of Housing and Urban Development; (k) Programs authorized under State unemployment compensation laws (in accordance with applicable Federal law); Norman Housing Authority; Oklahoma City Housing Authority Oklahoma Employment Security Commission (l) Programs authorized under section 212 of the [ no program in this area ] Second Chance Act of 2007 (42 U.S.C ); and (m) Programs authorized under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). Oklahoma Department of Human Services (TANF) VI. Additional One-Stop Partners WIOA Section 121(b)(2) provides that certain organizations and entities may be included as one-stop partners for the local area with the approval of the local board and chief elected official. Pursuant to the Local Plan for the Central Oklahoma workforce development area, the It s My Community Initiative (IMCI) has been recognized as an Additional Partner in the American Job Center Network for Central Oklahoma. IMCI operates the Work Ready Oklahoma program. The program is funded by a grant awarded by the U.S. Department of Labor s Employment and Training Administration. Through the Work Ready Oklahoma program, IMCI provides free training and educational opportunities to help select unemployed and 13

14 underemployed individuals become better equipped and more competitively positioned for good jobs than before. To qualify, an applicant must: Be at least 18 years old; Be long-term unemployed; Have a high school diploma or GED; and Have some post-secondary education or work experience. Other eligibility considerations apply. The Parties agree that additional partners may be added to the One-Stop Delivery System in the COWIB s area after June 30, 2017, if the COWIB and its board of local elected officials agree. The inclusion of any additional partners prior to July 1, 2018, will require a modification of this MOU. (See, Section XIV of this MOU, Annual Review and Modifications ). VII. Description of the One-Stop Delivery System A. Defining the One-Stop Delivery System As provided in Section 121(e) of the Workforce Innovation and Opportunity Act (WIOA), a One-Stop Delivery System will be established in each local area of the State: (e) ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM. (1) IN GENERAL. There shall be established in each local area in a State a one-stop delivery system. The requirement for a One-Stop Delivery System is further described in of the WIOA Joint Rule: What is the one-stop delivery system? (a) The one-stop delivery system brings together workforce development, educational, and other human resource services in a seamless customer-focused service delivery network that enhances access to the programs services and improves long-term employment outcomes for individuals receiving assistance. One-stop partners administer separately funded programs as a set of integrated streamlined services to customers. (b) Title I of the Workforce Innovation and Opportunity Act (WIOA) assigns responsibilities at the local, State, and Federal level to ensure the creation and maintenance of a one-stop delivery system that enhances the range and quality of education and workforce 14

15 development services that employers and individual customers can access. (c) The system must include at least one comprehensive physical center in each local area as described in (d) The system may also have additional arrangements to supplement the comprehensive center. These arrangements include: (1) An affiliated site or a network of affiliated sites, where one or more partners make programs, services, and activities available, as described in ; (2) A network of eligible one-stop partners, as described in through , through which each partner provides one or more of the programs, services, and activities that are linked, physically or technologically, to an affiliated site or access point that assures customers are provided information on the availability of career services, as well as other program services and activities, regardless of where they initially enter the public workforce system in the local area; and (3) Specialized centers that address specific needs, including those of dislocated workers, youth, or key industry sectors, or clusters. (e) Required one-stop partner programs must provide access to programs, services, and activities through electronic means if applicable and practicable. This is in addition to providing access to services through the mandatory comprehensive physical one-stop center and any affiliated sites or specialized centers. The provision of programs and services by electronic methods such as Web sites, telephones, or other means must improve the efficiency, coordination, and quality of one-stop partner services. Electronic delivery must not replace access to such services at a comprehensive one-stop center or be a substitute to making services available at an affiliated site if the partner is participating in an affiliated site. Electronic delivery systems must be in compliance with the nondiscrimination and equal opportunity provisions of WIOA sec. 188 and its implementing regulations at 29 CFR part 38. (f) The design of the local area s one-stop delivery system must be described in the Memorandum of Understanding (MOU) executed with the one-stop partners, described in B. Geographic Area The Parties agree that the geographic area covered by this MOU is the newly expanded Central Oklahoma workforce area, as recognized by the Governor s Council on Workforce and Economic Development. The local workforce area is defined by the boundaries of nine contiguous units of government: 15

16 MOU for Signatures Canadian County; Cleveland County; Hughes County; Lincoln County; Logan County; Okfuskee County; Oklahoma County; Pottawatomie County; and Seminole County. C. Comprehensive Centers and Additional Arrangements of the WIOA Joint Rule provides that a local one-stop delivery system must include at least one comprehensive physical center (as described in ). The Joint Rule goes on to say: (d) The system may also have additional arrangements to supplement the comprehensive center. These arrangements include: (1) An affiliated site or a network of affiliated sites, where one or more partners make programs, services, and activities available, as described in ; (2) A network of eligible one-stop partners, as described in through , through which each partner provides one or more of the programs, services, and activities that are linked, physically or technologically, to an affiliated site or access point that assures customers are provided information on the availability of career services, as well as other program services and activities, regardless of where they initially enter the public workforce system in the local area; and (3) Specialized centers that address specific needs, including those of dislocated workers, youth, or key industry sectors, or clusters. The Parties agree that, in Central Oklahoma, our One-Stop Delivery System will be composed of: 5 Comprehensive One-Stop Centers; 5 Affiliate Centers; and A robust Network of Eligible One-Stop Partners. 16

17 The manner in which each One-Stop Partner will participate in this One- Stop Delivery System is described in this section as well as in the following sections of this MOU. 1. Comprehensive One-Stop Centers. Our Comprehensive One- Stop Centers will be strategically located in 4 of the COWIB s nine counties. Locations will include: Norman Workforce Center 1141 E Main Norman, OK rectory/norman.html OKC Brookwood South 9210 S. Western, Suite A-9 Oklahoma City, OK rectory/okc_brookwood_south.html OKC Eastside Center 7401 NE 23 rd Street Oklahoma City, OK rectory/okc_eastside.html Seminole Workforce Center 229 N 2nd Seminole, OK Office_Directory/Seminole.html Shawnee Workforce Center 2 John C. Bruton Blvd. Shawnee, OK Office_Directory/Shawnee.html As described in the WIOA Joint Rule at , a comprehensive one-stop center is a physical location where job seeker and employer customers can access the programs, services, and activities of all required one-stop partners. A comprehensive one-stop center must have at least one title I staff person physically present. The comprehensive one-stop centers will provide: (a) Career services, described in ; 17

18 (b) Access to training services described in ; (c) Access to any employment and training activities carried out under sec. 134(d) of WIOA; (d) Access to programs and activities carried out by one-stop partners listed in through , including Wagner-Peyser employment services; and (e) Workforce and labor market information. Customers will have access to these programs, services, and activities during regular business days at a comprehensive onestop center. The COWIB may establish other service hours at other times to accommodate the schedules of individuals who work on regular business days. The Parties agree that each of these comprehensive one-stop centers will be physically and programmatically accessible to individuals with disabilities, as described in Defining Access to One-Stop Partner Programs and Services Pursuant to (d) of the WIOA Joint Rule, Access to programs and services means having either: Program staff physically present at the location; Having partner program staff physically present at the onestop appropriately trained to provide information to customers about the programs, services, and activities available through partner programs; or Providing direct linkage through technology to program staff who can provide meaningful information or services. For a more complete description of how the COWIB s One-Stop Delivery System will provide access to programs and services through our Comprehensive Centers, see Section IX of this MOU, Operation of the One-Stop Delivery System. 2. Affiliate Sites. In Central Oklahoma, our One-Stop Delivery System will include the following Affiliate Sites: Chandler Workforce Center 711 Manvel Ave. Chandler, OK

19 El Reno Workforce Center 210 N. Choctaw El Reno, OK Guthrie Workforce Center 114 W. Harrison Guthrie, OK Holdenville Workforce Center 205 E. Main St. Holdenville, OK Okemah Workforce Center 517-B Woody Guthrie Street Okemah, OK As described in the WIOA Joint Rule at , an affiliate site also known as an affiliate one-stop center -- is a site that makes available to job seeker and employer customers one or more of the one-stop partners programs, services, and activities. An affiliated site does not need to provide access to every required one-stop partner program. The frequency of program staff s physical presence in the affiliated site will be determined at the local level. Affiliated sites are access points in addition to the comprehensive one-stop center(s) in each local area. The Parties agree that affiliate sites will be implemented in a manner that supplements and enhances customer access to services. All affiliate sites will be physically and programmatically accessible to individuals with disabilities, as described in For a more complete description of how the COWIB s One-Stop Delivery System will provide access to programs and services through our Affiliate Sites, see Section IX of this MOU, Operation of the One-Stop Delivery System. 3. Network of Eligible One-Stop Partners. As described in the WIOA Joint Rule at , a network of one-stop partners must be connected to the comprehensive one-stop center and any appropriate affiliate one-stop centers, for example, by having processes in place to make referrals to these centers and the partner programs located in them. 19

20 In Central Oklahoma, the following One-Stop Partners will be a part of our One-Stop Delivery System. At a minimum, these partners will be regarded as a network of eligible One-Stop Partners: Recipients of Carl D. Perkins Post-secondary grant funds: o Francis Tuttle Technology Center; o Oklahoma City Community College; o Oklahoma State University OKC; o Rose State College; and Local Housing Authorities for employment and training activities carried out with funding from HUD. ndian_housing/pha/contacts/ok The WIOA Joint Rule at (d)(2) provides that a network of eligible one-stop partners will offer: one or more of the programs, services, and activities that are linked, physically or technologically, to an affiliated site or access point that assures customers are provided information on the availability of career services, as well as other program services and activities, regardless of where they initially enter the public workforce system in the local area. For a more complete description of how the COWIB s One-Stop Delivery System will provide access to programs and services through our Network of Eligible One-Stop Partners, see Section IX of this MOU, Operation of the One-Stop Delivery System. 4. Providing Access Through Electronic Means Pursuant to WIOA Section 121(e)(2), the One-Stop Delivery System shall as applicable and practicable -- make programs, services, and activities accessible to individuals through electronic means: (e) ESTABLISHMENT OF ONE-STOP DELIVERY SYSTEM. (2) ONE-STOP DELIVERY. The one-stop delivery system. (D) as applicable and practicable, shall make programs, services, and activities accessible to individuals through electronic means in a manner that improves efficiency, coordination, and quality in the delivery of one-stop partner services. 20

21 This requirement is further explained in the WIOA Proposed Regulations at (e): By signing this MOU, the Adult Education Providers agree that they will provide access to programs, services, and activities through electronic means if applicable and practicable. The Partners further agree that their electronic delivery systems will be in compliance with the requirements of Section 188 of WIOA. Additionally, the Partners agree that electronic delivery of programs, services, and activities will not replace access to such services at a comprehensive one-stop center or be a substitute to making services available at an affiliated site if the partner is participating in an affiliated site. D. Common Identifier Section 121(e)(4) of the WIOA law states: (4) USE OF COMMON ONE-STOP DELIVERY SYSTEM IDENTIFIER. In addition to using any State or locally developed identifier, each onestop delivery system shall include in the identification of products, programs, activities, services, facilities, and related property and materials, a common one-stop delivery system identifier. The identifier shall be developed by the Secretary, in consultation with heads of other appropriate departments and agencies, and representatives of State boards and local boards and of other stakeholders in the one-stop delivery system, not later than the beginning of the second full program year after the date of enactment of this Act. Such common identifier may consist of a logo, phrase, or other identifier that informs users of the onestop delivery system that such products, programs, activities, services, facilities, property, or materials are being provided through such system. Nothing in this paragraph shall be construed to prohibit one-stop partners, States, or local areas from having additional identifiers. 1. American Job Center. In the COWIB s One- Stop Delivery System, the common identifier referenced in Section 121(e)(4) shall be the phrase American Job Center as well as the graphical elements identified by the U.S. Department of Labor. 21

22 The American Job Center Network is a unifying name and brand that identifies online and in-person workforce development services as part of a single network. This common identifier was announced in Training and Employment Guidance Letter 36-11, Announcement of American Job Center Network (June 14, 2012). Additional guidance on the use of this identifier appears in the WIOA Joint Rule: What is the common identifier to be used by each one-stop delivery system? (a) The common one-stop delivery system identifier is American Job Center. (b) As of November 17, 2016, each one-stop delivery system must include the American Job Center identifier or a proud partner of the American Job Center network on all primary electronic resources used by the one-stop delivery system, and on any newly printed, purchased, or created materials. (c) As of July 1, 2017, each one-stop delivery system must include the American Job Center identifier or a proud partner of the American Job Center network on all products, programs, activities, services, electronic resources, facilities, and related property and new materials used in the one-stop delivery system. (d) One-stop partners, States, or local areas may use additional identifiers on their products, programs, activities, services, facilities, and related property and materials. By signing this MOU, the One-Stop Partner agrees to use the American Job Center common identifier according to the terms and conditions specified by the U.S. Department of Labor. The use of the common identifier is considered to be appropriate anywhere inperson or virtual services are available, including Comprehensive Centers, Affiliate Sites, participant or employer outreach materials or activities, or Web sites. 2. Oklahoma Works Training and Employment Guidance Letter provides that states "...have the option to co-brand their virtual and in-person resources as a 22

23 proud partner of the American Job Center network. In Oklahoma, the Oklahoma Works logo has been adopted as a co-brand related to the One-Stop Delivery System. On the oklahomaworks.gov website, Oklahoma Works is described as: An initiative to increase the wealth of all Oklahomans through facilitating quality employment for workers and ready availability of highly skilled talent for business and industry. The initiative is a coalition of state agencies, educational institutions, businesses and other partners. By signing this MOU, the One-Stop Partner agrees to comply with guidance from the Oklahoma Office of Workforce Development with regard to the use of the Oklahoma Works identifier. 3. Additional Guidance (a) (b) Additional guidance regarding the use of these identifiers will be issued by the Central Oklahoma Workforce Investment Board. As described in Section IX of this MOU, any costs related to the use of these identifiers may be counted as an infrastructure cost of the One-Stop Delivery System. VIII. Coordination and Delivery of Services A. One-Stop Operator Section 121(d)(1) of WIOA authorizes COWIB to designate or certify one-stop operators and to terminate for cause the eligibility of such operators. The role of the One-Stop Operator is described in the WIOA Joint Rule: What is the one-stop operator s role? (a) At a minimum, the one-stop operator must coordinate the service delivery of required one-stop partners and service providers. Local WDBs may establish additional roles of one-stop operator, including, but not limited to: Coordinating service providers across the one-stop delivery system, being the primary provider of services within the center, providing some of the services within the center, or coordinating service delivery in a 23

24 multi-center area, which may include affiliated sites. The competition for a one-stop operator must clearly articulate the role of the one-stop operator. (b) (1) Subject to paragraph (b)(2) of this section, a one-stop operator may not perform the following functions: Convene system stakeholders to assist in the development of the local plan; prepare and submit local plans (as required under sec. 107 of WIOA); be responsible for oversight of itself; manage or significantly participate in the competitive selection process for one-stop operators; select or terminate one-stop operators, career services, and youth providers; negotiate local performance accountability measures; or develop and submit budget for activities of the Local WDB in the local area. (2) An entity serving as a one-stop operator, that also serves a different role within the one-stop delivery system, may perform some or all of these functions when it is acting in its other role, if it has established sufficient firewalls and conflict of interest policies and procedures. Additionally, the Oklahoma Office of Workforce Development has issued a state policy that includes a description of the one-stop operator role. OWDI # ( Oklahoma Works One-Stop Operator Procurement Instructions ), dated April 17, 2017, contains this statement: OKLAHOMA WORKS ONE-STOP OPERATOR ROLES: At a minimum, the Oklahoma Works One-Stop Operator (OSO) is responsible for coordinating the service delivery of partners and service providers. Specifically, the OSO(s) must coordinate service delivery among partners, including individual and business services, among physical and electronic sites and services, and across the local area system. Additionally, the OSO(s) must manage partner responsibilities as defined in MOUs, coordinate outreach and recruitment of voluntary partners, submit OSO annual staffing and operational budgets, follow federal and state regulations pertaining to the handling of EEO responsibilities, customer complaints, and physical and programmatic accessibility, implement local WDB policies, and report to the local board on operations, performance accountability, and continuous improvements. In order to comply with , COWIB completed a competitive procurement process in September, 2016, which resulted in the award of a contract to Dynamic Work Force Solutions (DWFS). DWFS was designated as the One-Stop Operator for the 9-county Central Oklahoma 24

25 workforce area. It was also selected as the service provider for the WIOA Title I Adult, Dislocated Worker, and Youth programs. As described in the COWIB s Request For Proposals, the role of the One- Stop Operator is equivalent to that of a managing partner. The One-Stop Operator is responsible for ensuring that the integrated service delivery system at each one-stop center supports all of the Board s policies related to oversight and implementation of the one-stop delivery system. Additionally, the Operator is responsible for working with Board staff to develop a Continuous Quality Improvement process for center operations. The operator identifies issues that need to be addressed that have to do with service delivery. The Operator works with partners to form a solution, and is empowered to make the final call when a decision cannot be reached or when timing to make a decision requires an immediate decision. With COWIB, the Operator will: (i) Build a resource allocation model based on work being done at each center and the potential of work at each center; and (ii) Develop new services for job seekers and businesses. As defined by the COWIB, DWFS -- acting in its role of One-Stop Operator has been assigned to carry out the following functions: Conduct a Partners Meeting every quarter Develop and implement a customer satisfaction survey Maintain effective working relationship with partners Develop new partnerships in the workforce system Conduct presentations to Community Based Organizations Create efficiencies in Workforce Centers Ensure COWIB policy and procedure is followed Other Duties as Assigned By signing this MOU, COWIB agrees that sufficient firewalls and conflict of interest policies and procedures will be maintained to properly regulate the conduct of the One-Stop Operator. In particular, as required by OWDI # , DWFS will not perform the following functions: convene system stakeholders to assist in the development of the local plan; prepare and submit local plans (as required under WIOA sec. 107); be responsible for oversight of itself; manage the competitive selection process for one-stop operators; select or terminate one-stop operators, career service providers, and youth providers; 25

26 MOU for Signatures negotiate local performance accountability measures; or develop and submit budgets for activities of the Local WDB in the Local Area. B. Services to be Provided (Required by WIOA Section 121(c)(2)(A)(i)) The WIOA Joint Rule at provides a description of the applicable career services that must be provided through the One-Stop Delivery System: What are the applicable career services that must be provided through the one-stop delivery system by required onestop partners? (a) The applicable career services to be delivered by required one-stop partners are those services listed in that are authorized to be provided under each partner s program. (b) One-stop centers provide services to individual customers based on individual needs, including the seamless delivery of multiple services to individual customers. There is no required sequence of services. By signing this MOU, the Adult Education Providers agree to provide the applicable Career Services that they will make available through the One-Stop Delivery System in the Central workforce area. A complete description of these applicable Career Services is included in this MOU as Attachment (1), Access and Referral Methods. C. Physical and Programmatic Accessibility The WIOA Joint Rule at describes how one-stop centers and one-stop delivery systems will be evaluated for physical and programmatic accessibility. Among the provisions of are the following: How are one-stop centers and one-stop delivery systems certified for effectiveness, physical and programmatic accessibility, and continuous improvement? (a) The State WDB, in consultation with chief elected officials and Local WDBs, must establish objective criteria and procedures for Local WDBs to use when certifying one-stop centers. (b) Evaluations of effectiveness must include how well the onestop center integrates available services for participants and businesses. These evaluations must include criteria evaluating 26

27 how well the centers and delivery systems take actions to comply with the disability-related regulations implementing WIOA sec. 188, set forth at 29 CFR part 38. Such actions include, but are not limited to: (1) Providing reasonable accommodations for individuals with disabilities; (2) Making reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination against persons with disabilities; (3) Administering programs in the most integrated setting appropriate; (4) Communicating with persons with disabilities as effectively as with others; (5) Providing appropriate auxiliary aids and services, including assistive technology devices and services, where necessary to afford individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, the program or activity. (e) All one-stop centers must comply with applicable physical and programmatic accessibility requirements, as set forth in 29 CFR part 38, the implementing regulations of WIOA sec The Parties agree that the requirements of 29 CFR part 38 properly apply to the programs and activities that are part of the one-stop delivery system and that are operated by onestop partners listed in section 121(b) of WIOA, to the extent that the programs and activities are being conducted as part of the one-stop delivery system. Further, by signing this MOU, each One-Stop Partner agrees that it will comply with the disability-related regulations implementing WIOA sec. 188, as set forth at 29 CFR part 38. With regard to the objective criteria and procedures for Local WDBs to use when certifying one-stop centers, as described in , the state of Oklahoma has established an Access For All certification process that will be used to evaluate compliance with the physical and programmatic accessibility requirements of the WIOA law. A complete copy of the Access For All criteria is given in Attachment (2). D. Methods of Referrals (Required by WIOA Section 121(c)(2)(A)(iii)) Section 121(c)(2)(A)(iii) of the WIOA law requires a description of the, Methods of referral of individuals between the one-stop operator and the one-stop partners for appropriate services and activities. 27

28 During the period of this MOU, the One-Stop Operator and the One-Stop Partners will explore the feasibility of launching a secure, interactive website for the purpose of facilitating referrals among the one-stop partner programs. In the meantime, each One-Stop Partner agrees to provide a short, written description of the methods it will use to refer individuals to the one-stop operator and other one-stop partners through the One-Stop Delivery System in the Central workforce area. Additionally, the One-Stop Partner will describe the methodology it prefers to use to receive referrals from the one-stop operator and other one-stop partners. Referral methodologies will be updated as needed. Each Partner s initial description of these methods of referrals are included in this MOU as Attachment (1). The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seekers, and employers. In order to facilitate such a system, Partners agree to: Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and benefits offered, for each of the Partners programs represented in the American Job Center network in Central Oklahoma; Develop materials summarizing their program requirements and making them available for Partners and customers; Provide substantive referrals in accordance with the COWIB s Referral Policy to customers who are eligible for supplemental and complementary services and benefits under partner programs; Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys as well as potentially the development and use of common intake, eligibility determination, assessment, and registration forms; Commit to robust and ongoing communication required for an effective referral process; and Commit to actively follow up on the results of referrals and assuring that Partner resources are being leveraged at an optimal level. 28

29 E. Confidentiality of Information All Parties expressly agree to abide by all applicable Federal, State, and local laws and regulations regarding confidential information, including Personally Identifiable Information (PII) from educational records, such as but not limited to 20 CFR Part 603, 45 CFR Section , 20 USC 1232g and 34 CFR part 99, and 34 CFR , as well as any applicable State and local laws and regulations. In addition, in carrying out their respective responsibilities, each Party shall respect and abide by the confidentiality policies and legal requirements of all of the other Parties. Each Party will ensure that the collection and use of any information, systems, or records that contain PII and other personal or confidential information will be limited to purposes that support the programs and activities described in this MOU and will comply with applicable law. Each Party will ensure that access to software systems and files under its control that contain PII or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the services and activities described herein and will comply with applicable law. Each Party expressly agrees to take measures to ensure that no PII or other personal or confidential information is accessible by unauthorized individuals. To the extent that confidential, private, or otherwise protected information needs to be shared amongst the Parties for the Parties performance of their obligations under this MOU, and to the extent that such sharing is permitted by applicable law, the appropriate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized individuals. With respect to confidential unemployment insurance information, any such data sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with 20 CFR , payments of costs, and permissible disclosures. With respect to the use and disclosure of FERPA-protected customer education records and the PII contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S.C. 1232g and 34 CFR Part 99. With respect to the use and disclosure of personal information contained in Vocational Rehabilitation (VR) records, any such data sharing agreement must comply with all of the requirements set forth in 34 CFR

30 1. Each party expressly agrees to abide by all applicable federal, state, and local laws and rules regarding confidential information, including but not limited to: 29 U.S.C. 2935(a)(4), as amended by WIOA - Reports, Recordkeeping, Investigations. 20 CFR Part Safeguards and security requirements regarding confidentiality and disclosure of State Unemployment Compensation information. 42 U.S.C Regarding state laws governing Unemployment Insurance operations. 20 U.S.C. 1232(g) - Regarding family educational and privacy rights. 20 CFR (b) - Regarding record-keeping and disclosure of information related to the Trade Act of U.S.C (a)(2), as amended under WIOA - Regarding information to be collected under the Wagner Peyser Act. The Privacy Act (5 U.S.C. 552(a)) The Family Educational and Privacy Rights Act (20 U.S.C. 1232g) 34 CFR Regarding the protection, use and release of personal information of Vocational Rehabilitation Services participants 2 CFR Regarding reasonable measures to safeguard protected Personally Identifiable Information 2. Pursuant to 40 Okla. Stat. Section 4-509, the Oklahoma Employment Security Commission (OESC) may release information obtained and maintained by OESC in administration of the employment service to an Oklahoma state agency or its political subdivisions or nonprofit corporation that operates a program or activity designated as a required partner in the WIA One-Stop delivery system pursuant to 29 U.S.C. Section 2841 (b) (1), in accordance with a written agreement entered into by the partner and OESC. The agency or its political subdivision or nonprofit corporation authorized to receive the information must abide by the terms of the written agreement. 30

31 3. Pursuant to 40 Okla. Stat. Section 4-508, OESC may release wage and unemployment benefit claim information obtained and maintained by OESC to an Oklahoma state agency or its political subdivisions or nonprofit corporation that operates a program or activity designated as a required party in the WIA One-Stop delivery system pursuant to 29 U.S.C. Section 2841 (b) (1), in accordance with a written agreement entered into by the partner and OESC. The agency or its political subdivision or nonprofit corporation authorized to receive the information must abide by the terms of the written agreement. IX. Operation of the One-Stop Delivery System A. Participation by One-Stop Partners By signing this MOU, each One-Stop Partner agrees to participate in the operation of the One-Stop Delivery System consistent with the terms of this MOU, the requirements of authorizing laws, the Federal cost principles, and all other applicable legal requirements. (Reference: WIOA sec. 121(b)(1)(A)(iv)) Participating in the operation of the One-Stop Delivery System means: Participating in One-Stop Partner management committees and workgroups, etc., for the purpose of coordinating the delivery of services in the Central Oklahoma workforce area; Providing input on the need for and use of technology to facilitate access to the One-Stop Delivery System, including technology used for planning and outreach activities; Identifying a Single Point of Contact 1 who will be responsible for receiving communications for the One-Stop Partner (regarding the operation of the One-Stop Delivery System in Central Oklahoma); and Participating with the COWIB and other One-Stop Partners to establish / improve methods to ensure that the needs of customers are addressed in providing access to services, including access to technology and materials that are available through the one-stop delivery system. The term customers, in this sense includes workers, youth, and individuals with barriers to employment, including individuals with disabilities. 1 The Single Point of Contact should be a specific individual with authority to commit financially and programmatically on behalf of the One-Stop Partner. This individual may be staff from a State agency s central, regional or local office or a local representative providing services for a State-level entity through a contract, grant or similar agreement. 31

32 B. Providing Access at the Comprehensive One-Stop Centers With respect to the Comprehensive One-Stop Centers identified in Section VII-C-1 of this MOU, the Parties agree that jobseeker and employer customers must be able to access the programs, services, and activities of all required one-stop partners at these Comprehensive One-Stop Centers. Pursuant to (d) of the WIOA Joint Rule, Access to programs and services means having either: Program staff physically present at the location; Having partner program staff physically present at the one-stop appropriately trained to provide information to customers about the programs, services, and activities available through partner programs; or Providing direct linkage through technology to program staff who can provide meaningful information or services. By signing this MOU, the One-Stop Partner agrees to provide access to each of its applicable Career Services (as identified in Attachment (1)). Access will be provided at each of the Comprehensive One-Stop Centers identified in Section VII-C-1 of this MOU. Furthermore, the One-Stop Partner agrees to submit a written description of how access will be provided to its each of its applicable Career Services using one or more of the methods outlined above. The Partner s description of its Methods of Providing Access through Comprehensive Centers will be included in this MOU as Attachment (1). Defining a Direct Linkage through Technology Pursuant to (d) of the WIOA Joint Rule, a direct linkage means providing a direct connection at the one-stop center, within a reasonable time, by phone or through a real-time Web-based communication to a program staff member who can provide program information or services to the customer. NOTE: A direct linkage cannot exclusively be providing a phone number or computer Web site or providing information, pamphlets, or materials. C. Identification of Infrastructure Costs As stated in Section IV of this MOU, and consistent with WIOA Section 121(b)(1)(A)(ii), each One-Stop Partner has a duty to use a portion of its 32

33 available funds to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers. Infrastructure costs are addressed in Section 121(h) of the WIOA law. An additional description is provided in the WIOA Joint Rule: Subpart E One-Stop Operating Costs What are one-stop infrastructure costs? (a) Infrastructure costs of one-stop centers are nonpersonnel costs that are necessary for the general operation of the one-stop center, including: (1) Rental of the facilities; (2) Utilities and maintenance; (3) Equipment (including assessment related products and assistive technology for individuals with disabilities); and (4) Technology to facilitate access to the one-stop center, including technology used for the center s planning and outreach activities. (b) Local Boards may consider common identifier costs as costs of one-stop infrastructure. (c) Each entity that carries out a program or activities in a local one-stop center, described in through , must use a portion of the funds available for the program and activities to maintain the one-stop delivery system, including payment of the infrastructure costs of one-stop centers. These payments must be in accordance with this subpart; Federal cost principles, which require that all costs must be allowable, reasonable, necessary, and allocable to the program; and all other applicable legal requirements. By signing this MOU, the Parties agree to work together to fairly identify the infrastructure costs of the One-Stop Delivery System in Central Oklahoma. Further, the Parties will: Faithfully follow the guidance given in the WIOA law, Regulations, and guidance issued by the Governor for use by local areas; Ensure that all One-Stop Partners adhere to the guidance identified in , et seq., on one-stop delivery system infrastructure costs. 33

34 Work with other One-Stop Partners to achieve consensus and informally mediate any possible conflicts or disagreements among one-stop partners. By signing this MOU, COWIB agrees to provide technical assistance to new one-stop partners and local grant recipients to ensure that those entities are informed and knowledgeable of the elements contained in the MOU and the one-stop infrastructure costs arrangement. An additional description of joint funding mechanisms is included in Section X of this MOU. An Infrastructure Funding Agreement is included in Attachment (4). D. Identification of Other Funds and Shared Services In addition to the Infrastructure Costs described in Section 121(h) of the Workforce Innovation and Opportunity Act, the WIOA law also addresses Other Funds that must be used by the One-Stop Partners to support the additional costs relating to the operation of the One-Stop Delivery System. This requirement is described in WIOA Section 121(i): (i) OTHER FUNDS. (1) IN GENERAL. Subject to the memorandum of understanding described in subsection (c) for the one-stop delivery system involved, in addition to the funds provided to carry out subsection (h), a portion of funds made available under Federal law authorizing the programs described in subsection (b) and administered by one-stop partners, or the noncash resources available under such programs, shall be used to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection (h), as determined in accordance with paragraph (3), to the extent not inconsistent with the Federal law involved. Such costs shall include the costs of the provision of career services described in section 134(c)(2) applicable to each program and may include common costs that are not paid from the funds provided under subsection (h). (2) SHARED SERVICES. The costs described under paragraph (1) may include costs of services that are authorized for and may be commonly provided through the one-stop partner programs to any individual, such as initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other one-stop partners, and other similar services. 34

35 (3) DETERMINATION AND GUIDANCE. The method for determining the appropriate portion of funds and noncash resources to be provided by the one-stop partner for each program under paragraph (1) for a one-stop center shall be determined as part of the development of the memorandum of understanding under subsection (c) for the one-stop center and shall be stated in the memorandum. The State board shall provide guidance to facilitate the determination, for purposes of the memorandum of understanding, of an appropriate allocation of the funds and noncash resources in local areas, consistent with the requirements of section 101(d)(6)(C). 2 The Parties to this MOU interpret WIOA Section 121(i) as follows: First, there is a legal requirement for each One-Stop Partner to utilize a portion of its funds 3 to provide career services. In particular, Section 121(i)(1) states that the One-Stop Partner shall support the costs of the provision of career services applicable to each program. This legal requirement is characterized by the use of the word shall in Section 121(i)(1). Second, there is a provision stated in Section 121(i)(2) that allows the use of One-Stop Partner resources to support Shared Services. This provision is characterized by the use of the word, may. Shared Services may include: Initial intake; Assessment of needs; Appraisal of basic skills; Identification of appropriate services to meet such needs; Referrals to other one-stop partners; and Other similar services. The WIOA Joint Rule at (b) provides that shared operating costs may also include business services and shared costs of the Local Board s functions. 2 Section 101(d)(6)(C) of WIOA provides that one of the duties of the State workforce development board shall be to assist the Governor in the development of-- (C) policies relating to the appropriate roles and contributions of entities carrying out one-stop partner programs within the one-stop delivery system, including approaches to facilitating equitable and efficient cost allocation in such system; 3 As stated in Section 121(i)(1): Funds made available under Federal law and administered by onestop partners, or the noncash resources available under such programs. 35

36 Third, there is a requirement -- stated in Section 121(i)(3) for the MOU to address the appropriate portion of funds and noncash resources to be provided by the one-stop partner. In particular, the MOU must describe the method for determining the appropriate allocation of each one-stop partner s resources to the local area. In (d), the requirement stated in Section 121(i)(3) is expanded: (d) Any shared costs agreed upon by the one-stop partners must be included in the MOU. From this, we understand that the MOU must include the amount of other funds and non-cash resources that are attributable to each One-Stop Partner in addition to describing the method for determining each partner s appropriate share. Fourth, it is notable that the WIOA law and Joint Rule do not mandate a particular method by which each One-Stop Partner must provide their appropriate portion of funds and noncash resources to the One-Stop Delivery System. For example, the language of WIOA Section 121(i)(1) does not say that the One-Stop Partners must necessarily contribute actual funds to a common funds pool. Rather, the law states that resources from each partner shall be used to pay the additional costs relating to the operation of the one-stop delivery system. We infer that there may be more than one allowable method for tracking these payments. For example, one option would be for each One-Stop Partner to contribute their appropriate share of resources to the Fiscal Agent for the One-Stop Delivery System i.e., COWIB. The Fiscal Agent would then have the duty of paying the shared costs. Another option would be for each One-Stop Partner to individually track and record the portion of its funds and noncash resources that is used to pay the additional costs described in Section 121(i). Each One-Stop Partner would then have the duty of reporting these costs to the Fiscal Agent for the One-Stop Delivery System. As we interpret the law, a combination of methods may be used. Finally, the Parties understand that these Other Funds and Shared Costs are clearly different from the Infrastructure Costs that are described in Section 121(h) of the WIOA law. In particular, the following differences are noted: 36

37 MOU for Signatures The costs supported by Other Funds may include personnel costs. On the other hand, Infrastructure Costs are defined to be non-personnel costs. If the One-Stop Partners fail to reach a consensus on infrastructure funding, the law specifies that a State infrastructure funding mechanism will be implemented. (The State infrastructure funding mechanism is described in Section X of this MOU). There is no alternate funding mechanism for the cost of Shared Services. By signing this MOU, the Parties agree to work together to fairly identify and allocate any costs supported by Other Funds that may be agreed to by the partners of the One- Stop Delivery System in Central Oklahoma. The allocations required by WIOA Section 121(i)(3) are identified in Section XI of this MOU. X. Jointly Funding the System Infrastructure A. Infrastructure Funding Agreement Attachment (4) By signing this MOU, the Parties agree to negotiate in good faith to achieve an Infrastructure Funding Agreement a completed copy of which will become Attachment (4) of this MOU. The Infrastructure Funding Agreement will have the following elements: 1. The period of time in which the infrastructure funding agreement is effective. This may be a different time period than the duration of the MOU. (Reference: (a)) 2. A provision allowing the infrastructure funding agreement to be approved on an interim basis for a limited period of time, consistent with (c) of the WIOA Proposed Regulations: (c) The MOU may include an interim infrastructure funding agreement, including as much detail as the Local WDB has negotiated with one-stop partners, if all other parts of the MOU have been negotiated, in order to allow the partner programs to operate in the one-stop centers. The interim infrastructure funding agreement must be finalized within 6 months of when the MOU is signed. If the interim infrastructure funding agreement is not finalized within that 37

38 timeframe, the Local WDB must notify the Governor, as described in The concept of an interim infrastructure cost plan is also addressed in (b): Once agreement on infrastructure funding is reached, the Local WDB and one-stop partners must amend the MOU to include the infrastructure funding of the one-stop centers. 3. Identification of an infrastructure and shared services budget that will be periodically reconciled against actual costs incurred and adjusted accordingly to ensure that it reflects a cost allocation methodology that demonstrates how infrastructure costs are charged to each partner in proportion to relative benefits received. (Reference: (b)) 4. Identification of all one-stop partners, chief elected officials, and Local Board participating in the infrastructure funding arrangement. (Reference: (c)) 5. Steps the Local Board, chief elected officials, and one-stop partners used to reach consensus or an assurance that the local area followed the guidance for the State onestop infrastructure funding process. (Reference: (d)) 6. Description of the process to be used between partners to resolve issues during the MOU duration period when consensus cannot be reached. (Reference: (e)) 7. Description of the periodic modification and review process to ensure equitable benefit among one-stop partners. (Reference: (f)) B. The Local Infrastructure Funding Mechanism By signing this MOU, the Parties agree that their infrastructure funding mechanism will meet the following requirements (as specified in (a) of the WIOA Joint Rule): 1. The infrastructure costs will be funded through cash and fairly evaluated non-cash and third-party in-kind partner contributions and include any funding from philanthropic organizations or other private entities, or through other alternative 38

39 financing options, to provide a stable and equitable funding stream for ongoing one-stop delivery system operations. 2. Contributions will be negotiated between one-stop partners, chief elected officials, and the Local Board, and the amount to be contributed will be included in the MOU. 3. The one-stop partner program s proportionate share of funding must be calculated in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR part 200 based upon a reasonable cost allocation methodology whereby infrastructure costs are charged to each partner in proportion to relative benefits received, and must be allowable, reasonable, necessary, and allocable. 4. Partner shares will be periodically reviewed and reconciled against actual costs incurred, and adjusted to ensure that actual costs charged to any one-stop partners are proportionate and equitable to the benefit received by the one-stop partners and their respective programs or activities. C. Duties of the Fiscal Agent By signing this MOU, COWIB agrees to act as the Fiscal Agent for the infrastructure cost funding mechanism in Central Oklahoma. COWIB shall develop appropriate timeframes and mechanisms for receiving reports from the One-Stop Partners, and as may be necessary -- invoicing them for their proportionate share of actual infrastructure costs (fairly allocated) and/or reimbursing them for over-contributions. Cash contributions to infrastructure costs will be received, as needed and appropriate, from the One-Stop Partners and managed by the Central Oklahoma Workforce Investment Board. In-kind contributions will be properly tracked and recorded. COWIB will: Record and document in-kind partner contributions; Appropriately charge infrastructure costs to One-Stop Partner contributions according to the agreed-upon cost allocation methodology(ies); Periodically reconcile actual costs incurred against the approved infrastructure budget; 39

40 Prepare a regular report on infrastructure costs and contributions; Properly maintain a record of infrastructure costs and contributions in accordance with the Uniform Administrative Requirements. As needed, pay authorized costs identified in the infrastructure budget; As needed, reimburse One-Stop Partners for over-contributions to the infrastructure budget. D. Achieving Consensus / Assuring Compliance By signing this MOU, the COWIB and its Chief Elected Officials agree to: 1. Ensure that the one-stop partners adhere to the guidance identified in on one-stop delivery system infrastructure costs. (Reference: (b)(1)) 2. Work with one-stop partners to achieve consensus and informally mediate any possible conflicts or disagreements among one-stop partners. (Reference: (b)(2)) 3. Provide technical assistance to new one-stop partners and local grant recipients to ensure that those entities are informed and knowledgeable of the elements contained in the MOU and the onestop infrastructure costs arrangement. (Reference: (b)(3)) E. Failure to Reach Consensus on Infrastructure Funding Pursuant to of the WIOA Joint Rule, the Parties agree that: If, after July 1, 2017, the Local Board, chief elected officials, and one-stop partners do not reach consensus on methods of sufficiently funding local infrastructure through the local infrastructure cost funding mechanism, and include that consensus agreement in the signed MOU, then the Local Board must notify the Governor and the Governor must administer funding through the State one-stop funding mechanism. The State one-stop funding mechanism is described in , et seq, of the WIOA Proposed Regulations. In the State one-stop infrastructure funding mechanism, the Governor will determine the contributions to be made by each one-stop partner after consultation with the chief elected officials, Local WDBs, and the Governor s Council. 40

41 XI. MOU for Signatures Additional Costs Relating to the One-Stop Delivery System (See Section IX-D of this MOU) Section 121(i) of the WIOA law describes how each One-Stop Partner has a responsibility to pay the additional costs relating to the operation of the one-stop delivery system that are not paid from the funds provided under subsection (h). -- where subsection (h) refers to the infrastructure funding mechanism. As stated in WIOA Section 121(i)(1): Such costs shall include the costs of the provision of career services described in section 134(c)(2) applicable to each program and may include common costs that are not paid from the funds provided under subsection (h). The following illustration is from Training & Employment Guidance Letter (TEGL) No , Infrastructure Funding of the One-Stop Delivery System, January 18, It shows the relationship between Infrastructure Costs and Additional Costs within the One-Stop Operating Budget: 41

42 A. Paying for Applicable Career Services (Required) By signing this MOU, each One-Stop Partner agrees to utilize a portion of its funds to provide career services in the One- Stop Delivery System in Central Oklahoma. To be precise, as stated in (a), the One-Stop Partners will use a portion of funds made available under their programs authorizing Federal law (or fairly evaluated in-kind contributions) to pay the additional costs relating to the operation of the one-stop delivery system. These other costs must include applicable career services and may include other costs, including shared services... The applicable career services to be provided by the One-Stop Partner are described later in this MOU. See Attachment (1). B. Paying for Other Shared Operating Costs and Shared Services (Optional) Each One-Stop Partner further agrees that there may be an agreement to jointly fund shared services with other one-stop partners to the extent consistent with their programs Federal authorizing statutes and other applicable legal requirements. The subject of Shared Operating Costs and Shared Services is addressed in TEGL 17-16: One-stop partners also may share other costs that support the operations of the one-stop centers, as well as the costs of shared services. The costs of shared services may include initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, referrals to other onestop partners, and business services (WIOA sec. 121(i)(2), 20 CFR , 34 CFR , and 34 CFR ). As discussed in more detail in the section pertaining to personnel costs above, such costs also may include personnel expenses associated with a shared welcome desk or greeter directing employers and customers to the services or staff that are available in that one-stop center. A portion of the costs of Local WDB staff who perform functions that are not otherwise paid with WIOA title I funds and support the general operations of the one-stop centers may also be included as additional costs. An example of such shared operating costs would be a Local WDB staff person acting as the office manager in a one-stop center. As with any additional costs paid by partner programs for the operations of the one-stop delivery system, these shared operating costs must be proportionate to the use of the partner program and consistent with the 42

43 Federal Cost Principles of the Uniform Guidance set forth in 2 CFR part 200. A complete copy of the One-Stop Operating Budget for the Central Oklahoma area will be included in this MOU as Attachment (3) after it has been negotiated. C. Documenting Compliance with WIOA Section 121(i) To document compliance with WIOA Section 121(i), each One-Stop Partner agrees: 1. To enter into an Additional Costs Agreement given later in this MOU as Attachment (6). (a) The Additional Costs Agreement will document that the One-Stop Partner is using a portion of its resources to provide Applicable Career Services as required in WIOA Section 121(i)(1). It will identify the amount of funds and non-cash resources that will be used by each One-Stop Partner as required in WIOA Section 121(i)(1). This information will be presented in the form of an Applicable Career Services Budget. (b) If an agreement is reached to jointly fund the Other Shared Operating Costs and Shared Services in the Central Oklahoma area, as provided in WIOA Section 121(i)(2), these will be described in the Additional Costs Agreement including a description of the costs to be borne by each One-Stop Partner. 2. To report to the COWIB the actual amount of funds expended to support the additional costs relating to the operation of the One-Stop Delivery System in Central Oklahoma. The Parties agree that these shared costs must be allocated according to the proportion of benefit received by each of the partners, consistent with the Federal law authorizing the partner s program, and consistent with all other applicable legal requirements, including Federal cost principles in chapter II of title 2 of the Code of Federal Regulations (or any corresponding similar regulation or ruling) requiring that costs are reasonable, necessary, and allocable. 43

44 XII. Disputes MOU for Signatures Pursuant to (b)(2) of the WIOA Joint Rule, COWIB will work with all of the One-Stop Partners to achieve consensus and informally mediate any possible conflicts or disagreements among the One-Stop Partners especially with regard to one-stop infrastructure funding. In the event that any dispute should arise among the Parties to this MOU regarding any terms and conditions, the performance, or administration of this MOU, the following procedure will be initiated: The Parties to the memorandum shall first attempt to resolve any such dispute informally. By mutual agreement, the disagreement or dispute may be brought forward to a meeting of a One-Stop Partner management committee or workgroup. (Reference Section VIII-A). Alternatively, by mutual agreement, the dispute or disagreement may be referred to the Oklahoma Office of Workforce Development for resolution. Should informal resolution efforts fail, a formal dispute resolution process may be formally initiated by the petitioner seeking resolution. The petitioner must send a notification to the COWIB s Chief Executive Officer and all Parties to the MOU regarding the conflict within 10 business days. The COWIB s CEO shall place the dispute on the agenda of a special meeting of the COWIB s Executive Committee. The Executive Committee shall attempt to mediate and resolve the dispute. Disputes shall be resolved by a majority of the Executive Committee members present. The decision of the Executive Committee shall be final and binding unless such a decision is in contradiction of applicable State and Federal laws or regulations governing the Partner agencies. The right of appeal no longer exists when a decision is final. Additionally, final decisions will not be precedent-setting or binding on future conflict resolutions unless they are officially stated in this procedure. The Executive Committee will provide a written response and dated summary of the proposed resolution to all Parties to the MOU. The COWIB s CEO will contact the petitioner and the appropriate Parties to verify that all are in agreement with the proposed resolution. 44

45 Special Condition: If the dispute involves an allegation of a violation of any requirement of Title I of WIOA, the COWIB s Grievance Policy for the Local Workforce Development System in Central Oklahoma will be used to resolve the disagreement. XIII. Duration This MOU is entered into on July 1, This MOU must terminate on June 30, 2018, unless there is a reason for Termination as described below. This MOU will remain in effect until the end date specified, unless: All Parties mutually agree to terminate this MOU prior to the end date. Federal oversight agencies charged with the administration of WIOA are unable to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to perform pursuant to MOU due to lack of funding shall notify the other Parties as soon as the party has knowledge that funds may be unavailable for the continuation of activities under this MOU. WIOA is repealed or superseded by subsequent federal law. Local area designation is changed under WIOA. A party breaches any provision of this MOU and such breach is not cured within thirty (30) days after receiving written notice from the COWIB Chair (or designee) specifying such breach in reasonable detail. In such event, the non-breaching party(s) shall have the right to terminate this MOU by giving written notice thereof to the party in breach, upon which termination will go into effect immediately. In the event of termination, the Parties to the MOU must convene within thirty (30) days after the breach of the MOU to discuss the formation of the successor MOU. At that time, allocated costs must be addressed. Any party may request to terminate its inclusion in this MOU by following the modification process identified in the Modification Process section below. All Parties agree that this MOU shall be reviewed and renewed not less than once every year to ensure appropriate funding and delivery of services. 45

46 XIV. MOU for Signatures Annual Review and Modifications A. Annual Review. Pursuant to WIOA Section 121(c)(2)(A)(v), this MOU must include assurances that such memorandum shall be reviewed not less than once every 3-year period to ensure appropriate funding and delivery of services. By signing this MOU, the Parties agree that they will periodically review the understandings and agreements expressed in this document. Such reviews will take place in January of each year and at other times by mutual agreement. B. Modifications. The MOU may be modified at any time by written agreement of the Parties. When a Partner wishes to modify the MOU, the Partner must first provide written notification to all signatories of the existing MOU and outline the proposed modification(s). Upon notification, the COWIB Chair (or designee) must ensure that discussions and negotiations related to the proposed modification take place with Partners in a timely manner and as appropriate. Depending upon the type of modification, this can be accomplished through communications of all the Parties. If the proposed modification is extensive and is met with opposition, the COWIB Chair (or designee) may need to call a meeting of the Parties to resolve the issue. Upon agreement of all Parties, a modification will be processed. XI. Effect Nothing in this Memorandum of Understanding shall be interpreted as limiting, superseding, or otherwise affecting either party s normal operations or decisions in carrying out its statutory or regulatory duties. This Memorandum of Understanding does not limit or restrict either party from participating in similar activities or arrangements with other entities. A. No Rights Conferred. This Memorandum of Understanding is a mutual statement designed to improve the efficiency of Central Oklahoma s One-Stop Delivery System and does not confer any rights on any other Parties. B. Liability. All Parties to this MOU recognize the Partnership consists of various levels of government, not-for-profit, and for-profit entities. Each party to this agreement shall be responsible for injury to 46

47 persons or damage to property resulting from negligence on the part of itself, its employees, its agents, or its officers. No Partner assumes any responsibility for any other party, State or non-state, for the consequences of any act or omission of any third party. The Parties acknowledge the COWIB and the one-stop operator have no responsibility and/or liability for any actions of the one-stop center employees, agents, and/or assignees. Likewise, the Parties have no responsibility and/or liability for any actions of the COWIB or the one-stop operator. C. Severability. If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force. D. Governing Law. This MOU will be construed, interpreted, and enforced according to the laws of the State of Any State. All Parties shall comply with all applicable Federal and State laws and regulations, and Local laws to the extent that they are not in conflict with State or Federal requirements. E. Non-Assignment. Except as otherwise indicated herein, no Party may, during the term of this MOU or any renewals or extensions of this MOU, assign or subcontract all or any part of the MOU without prior written consent of all other Parties. F. Approval Required. This Memorandum is of no force or effect until approved by the Chief Local Elected Official and the Chair of the Central Oklahoma Workforce Investment Board. 47

48 XVI. MOU for Signatures Identification and Signatures of Parties The individuals signing below have the authority to commit the party they represent to the terms of this Memorandum of Understanding. By their signatures which appear below, the Parties agree to the terms, conditions, and principles of this MOU. APPROVED: Central Oklahoma Workforce Investment Board Name and Title of Signer Richard Brown, Board Chair. Date Signed Signature FOR THE BOARD OF CHIEF ELECTED OFFICIALS: Chief Local Elected Official Name and Title of Signer Melissa Dennis, Chief Elected Official. Date Signed Signature x x Return signed originals to: Eddie Foreman, CEO Central Oklahoma Workforce Investment Board 3813 N. Santa Fe, Suite 135 Oklahoma City, OK eddieforeman@cowib.org Phone: (405) x307 48