The memorandum of understanding is an agreement developed and
executed between the regional workforce investment board, with the agreement of
the chief elected official board, and the workforce development center system
partners relating to the operation of the workforce development center system
in the region. There may be a single memorandum of understanding developed that
addresses the issues relating to the regional workforce development center
system, or the regional workforce investment board and partners may decide to
enter into several agreements. Regardless of whether there is a single
agreement or multiple agreements, each partner should be aware of the contents
of all of the agreements executed.
(1)
The regional workforce investment board and the
chief elected official board
should initiate the negotiation process for the development of the agreement.
Prior to the start of negotiations, the following tasks shall be completed:
a. Identify all of the local partners and the
services they provide.
b. Name the
coordinating service provider.
c.
Determine the role of the coordinating service provider.
d. Complete the regional needs assessment and
analysis.
e. Execute a single
memorandum of understanding or multiple memorandums of understanding.
(2) At a minimum, the memorandum
of understanding shall include:
a. The
services to be provided through the workforce development center
system.
b. The location of the
comprehensive workforce development center(s), as well as other locations where
each partner's services will be provided. All partners must make their core
services available, at a minimum, at one comprehensive physical center in the
region. All adult and dislocated worker core services shall also be available
at the comprehensive center. In addition, core services may be provided at
additional sites, and partners' applicable core services need not be provided
exclusively at the comprehensive workforce development center. The core
services may be made available by the provision of appropriate technology at
the comprehensive workforce development center by co-locating personnel at the
center, by cross-training of staff, or through a cost reimbursement
agreement.
c. The programs and
services that will be available at the different locations must be specified,
as well as the manner in which the services will be made available.
d. The particular arrangements for funding
the services provided through the workforce development center system and the
operating costs of the system. Each partner must contribute a fair share of the
operating costs based on the use of the workforce development center delivery
system by the individuals attributable to the partner's program. While the
resources that a partner contributes do not have to be cash, the resources must
be of value and must be necessary for the effective and efficient operation of
the center system. The specific method of determining each partner's
proportionate responsibility must be described in the agreement. This could
include a list of resources that each partner is providing toward the operation
of the system. Since most partners' budgets fluctuate on an annual basis,
partner contributions for the operating costs of the system should be
reevaluated annually.
e. The
partners who will be using the common intake/case management system as the
primary referral mechanism, and how referrals will occur between and among the
partners not utilizing the common intake/case management system.
f. When the agreement will become effective
as well as when the memorandum will terminate or expire. The effective date
must be no later than July 1, 2000.
g. The process or procedure for amending the
agreement. The procedure should include such items as:
(1) Identification of who can initiate an
amendment;
(2) Time lines for
completing an amendment;
(3)
Conditions under which an amendment will become necessary; and
(4) Method of communicating changes to all of
the partners.
(3) It is a legal obligation for the regional
workforce investment board, chief elected official board and partners to engage
in good-faith negotiation and reach agreement on the memorandum of
understanding. Any or all parties may seek the assistance of the department or
other appropriate state agencies in negotiating the agreements. After
exhausting all alternatives, the department or the other state agencies may
consult with the appropriate federal agencies to address impasse situations. If
the regional workforce investment board and chief elected official board have
not executed a memorandum of understanding with all of the mandatory partners
and service providers, the region shall not be eligible for state incentive
grants awarded for local cooperation.
