This Sample Memorandum of Understanding (MOU) Template is intended to be a technical assistance tool rather than a required template; it should be used in whatever way best fits the needs of the Local Workforce Development Board (WDB). The components of this Sample MOU Template include: 1. 2. SAMPLE Infrastructure Funding Agreement Template (Attachment to the MOU) 3. SAMPLE Other Shared Costs Agreement Template (Attachment to the MOU) Preamble/Purpose of MOU This section should include the preamble and overall purpose of the MOU and could include reference to the Oregon Workforce Investment Board Strategic Plan Goals and the full range of services available through WorkSource (WSO) Centers. Local/Regional Vision Statement, Mission Statement, and Goals This section should include the vision, mission, principles, and goals of the WSO Center delivery system from a local and regional viewpoint. Parties to the MOU This section should identify all parties relevant to the MOU. Local WDBs may enter into separate MOU agreements with each partner or enter into an umbrella MOU which includes all required and optional WSO Center partners, both locally and regionally. Required partners include local/regional representatives of the following programs: WIOA Title I Adult, Dislocated Worker, and Youth WIOA Title II Adult Education and Literacy WIOA Title III Wagner-Peyser WIOA Title IV Vocational Rehabilitation Carl Perkins Career Technical Education Title V Older Americans Act Job Corps Native American Programs (Section 166) Migrant Seasonal Farmworkers (Section 167) Veterans Youth Build Trade Adjustment Assistance Act Community Services Block Grant Housing & Urban Development Page 1 of 9
Unemployment Compensation Second Chance Temporary Assistance for Needy Families/JOBS Supplemental Nutrition Assistance Program (SNAP) Employment and Training services (Oregon Requirement) One-Stop System, Services This section should include a description of the local system, the customers served, and the services provided by each WSO Center partner consistent with the WSO Standards. This includes the three types of career services authorized under WIOA (basic career services, individualized career services, and follow-up services) as well as training services and services provided to employers. This can be included as an attachment or communicated through a chart that describes how each service will be integrated into the operations of the WSO Centers and which partner(s) will provide it. Responsibility of WSO Center Partners This section should include a description of local and regional agreements to share responsibility for planning, implementing, and operating the system and could include reference to shared responsibility for capacity building and staff development. Funding of Services and Operating Costs This section should include summary information on Local WDB-negotiated cost sharing agreements (infrastructure and other shared costs) and include the agreements as attachments. Methods for Referring Customers This section should include a commitment to mutually implement processes for the referral of customers to services not provided on-site. The referral process should be customer-centered and provided by staff trained in customer service. Access to Programs and Services This section should include information on how the WSO Center system will ensure access to WSO Center services including to individuals with barriers to employment. Recommended topics include the following: Describe how each WSO Center partner will provide a direct link or access to other WSO Center partner staff that can provide meaningful information or service, through the use of colocation, cross training of WSO Center staff, or real-time technology (two way communication and interaction with WSO Center partners that results in services needed by the customer). A commitment to offer priority for services to veterans and recipients of public assistance, other low-income individuals, or individuals who are basic skills deficient when providing individualized career services and training services with WIOA adult funds. An attached system map that identifies the location of every comprehensive and affiliate WSO Center within the Local Area. A commitment from each WSO Center partner to ensure their policies, procedures, programs, Page 2 of 9
and services are in compliance with the Americans with Disabilities Act of 1990 and its amendments, in order to provide equal access to all customers with disabilities. Shared Technology and System Security This section should include a commitment to share data and technology and assurance that all data and systems are secure and could include commitments to technological enhancements that allow for expanded and/or more efficient information sharing among required partners. Confidentiality This section should address compliance with the confidentiality requirements of all applicable laws, regulations, and rules. Non-Discrimination and Equal Opportunity This section should address compliance with all non-discrimination and equal opportunity provisions. Grievances and Complaints Procedure This section should include a commitment to establish and maintain a procedure for handling grievances and complaints as outlined in WIOA. Americans with Disabilities Act and Amendments Compliance This section should include language on how each WSO Center partner will ensure that the policies and procedures of the WSO Center system and the services being provided are in compliance with the Americans with Disabilities Act of 1990 and its amendments. Effective Dates and Term of MOU This section should include the effective dates, term length of the MOU, and an assurance to review the MOU at least every three years. Modifications and Revisions This section should include information regarding any modifications or revisions of the MOU. Termination This section should include information regarding termination of the MOU. Administrative and Operations Management Sections Administrative and Operations Management sections of the MOU could include any other necessary or desired sections to facilitate efficient and effective operation of the WSO Center(s) including management, site supervision, dispute resolution, and others. Signature Page: All Partners included in the MOU Signatures of the CEO, the Local Board Chairperson, and all WSO Center partners must be included in the MOU. Page 3 of 9
SAMPLE Infrastructure Funding Agreement (IFA) Template Preamble/Purpose of IFA This section should include the preamble and overall purpose of the IFA. Parties to the IFA This section should identify all parties relevant to the IFA. IFA Development This section should identify elements of the IFA development process including the following elements: Identify the steps the Local WDB, CEO, and WSO Center partners took to reach consensus and/or an assurance that the Local Area followed guidance for the state infrastructure funding mechanism. A description of the process to be used among partners to resolve IFA issues during the MOU duration period when consensus cannot be reached. A description of the periodic modification and review process that will be used to ensure all WSO Center partners continue to contribute their fair and equitable share of infrastructure and other system costs, including the identification of who will fulfill this responsibility. Assurance from all non-colocated partners that they agree to pay their proportionate share of infrastructure costs as soon as sufficient data are available to make such a determination. Comprehensive WSO Center(s) and Colocated Partners This section should identify all comprehensive WSO Center(s) in the Local Area that are included in the MOU and identify all colocated partners in each comprehensive WSO Center. A colocated partner has a physical presence within the center, either full time, part time, or intermittent. IFA Budget This section should provide a budget outlining the infrastructure costs for each comprehensive WSO Center in the Local Area with a detailed description of what specific costs are included in each line item. When establishing the infrastructure cost budget, Local WDBs have two options: Option 1: Develop a separate budget for each comprehensive WSO Center. Option 2: Develop a consolidated system-wide budget for its network of comprehensive WSO Centers The option chosen by the Local WDB should be clearly identified. If the Local WDB chooses to negotiate infrastructure costs based on their network of comprehensive WSO Centers, rather than center by center, then the budgets for all the comprehensive WSO Centers can be consolidated into one system budget. However, this consolidation may not distort the Page 4 of 9
distribution of costs as they must be attributable to each partner equally and in accordance with the agreed upon cost allocation methodology. Consolidations might allow the financing of infrastructure cost between partners more easily. It is not required that each partner contribute to each comprehensive WSO Center, as long as their consolidated share of contributions equals their responsibility to pay as determined by the agreed upon cost sharing methodology. There are tools and templates available to capture an infrastructure budget. A Local WDB can use available resources, develop their own, or request technical assistance from the state. The following are the budget categories, and some example line items, that should be included in an infrastructure budget (WIOA sec. 121(h)(4)): Rental of Facility(ies) Utilities and Facility(ies) Maintenance (electricity, gas, water, sewer, high-speed internet, landline telephones, and facilities maintenance contract(s)) Equipment (assessment-related products, assistive technology for individuals with disabilities for both access and accommodation, copiers, fax machines, computers, and other tangible equipment used to serve all center customers and not specific to an individual program partner) Technology to Facilitate Access to the WSO Center (technology used for the center s planning and outreach activities and cost of creation and maintenance of a center website [not specific to an individual program partner] that provides outreach to customers by providing information on WSO Center services and/or provides direct service access to WSO Center services and does not include data systems or case management systems specific to individual program partners) Common Identifier Costs (creating new WSO Center signage, updating templates and materials, and updating electronic resources). This is a Local Option, if agreed to by all colocated partners. Cost Allocation Methodology to Share Agreed Upon Infrastructure Costs The Local WDB and colocated partners must agree to a cost allocation methodology to identify the proportionate share of infrastructure costs each partner will be expected to contribute. Any cost allocation methodology selected must adhere to the following: Be consistent with federal laws authorizing each partner s program Comply with federal cost principles in the Uniform Guidance Include only costs that are allowable, reasonable, necessary, and allocable to each program partner Be based on an agreed-upon measure(s) (basis(es)) that mathematically determines the proportionate use and benefit received by each partner The following identifies some potential bases that may be used where applicable: The proportion of a partner program s occupancy percentage of the WSO Center (square footage). This might differentiate between dedicated space to partners and common space, where more than one cost center is established so the distribution reflects a fair and equitable distribution of cost. The proportion of a partner program s staff among all staff at the WSO Center. Page 5 of 9
The proportion of a partner program s participants or customers among a group of related programs at the WSO Center. The proportion of a partner program s use of equipment at the WSO Center. Other In all cases, the Local WDB should describe the rationale for the basis chosen for each infrastructure cost item or group of related items using the same basis. Initial Proportionate Share of Infrastructure Costs Allocated to Each Colocated Partner This section should identify the initial proportionate share of infrastructure costs allocated to each partner based on the agreed upon cost allocation methodology, each partner s estimated total contribution amount, and whether it will be provided through cash, non-cash (in-kind), and/or thirdparty in-kind contributions. This initial determination must be periodically reconciled against actual costs incurred and adjusted accordingly. WSO Center partners (or their respective state entity) may provide cash, non-cash, and third-party inkind contributions to cover their proportionate share of infrastructure costs. If non-cash or in-kind contributions are used, they cannot include non-infrastructure costs (such as personnel), and they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner s proportionate share. If third-party in-kind contributions are made that support the WSO Center(s) as a whole (such as space), that contribution will not count toward a specific partner s proportionate share of the IFA. Rather, the value of the contribution will be applied to the overall infrastructure budget prior to determining proportionate amounts and thereby reduce the contribution required for all partners. Non-colocated Partners All non-colocated partners who are receiving benefit from the WSO Centers will also be required to contribute their proportionate share towards infrastructure costs. Consequently, the MOU must include an assurance from all non-colocated partners that they agree to pay their proportionate share of infrastructure costs as soon as sufficient data are available. When data are available to determine the WSO Center benefit to non-colocated partners, the IFA will be renegotiated to include their proportionate share of contributions. SAMPLE Other Shared Costs Agreement Template Preamble/Purpose of Other Shared Costs Agreement This section should include the preamble and overall purpose of the Other Shared Costs Agreement. Parties to the Other Shared Costs Agreement This section should identify all parties relevant to the Other Shared Costs Agreement. While only colocated partners share infrastructure costs, all One-Stop partners must share in other shared system Page 6 of 9
costs, including applicable career services. Other Shared Costs Budget This section should provide a budget outlining other shared system costs relating to the operation of the local One-Stop delivery system and a description of what specific costs are included in each line item. The budget must include applicable career services as well as any other shared costs agreed upon by the WSO Center partners and Local WDB. Unlike the IFA, other shared system costs should include all costs, including personnel, related to the administration and delivery of those services. The other shared system costs budget may include any other shared services that are authorized for and commonly provided through the WSO Center 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 business services. Shared operating costs may also include shared costs related to the Local Board s functions. As with infrastructure costs, other system costs must be allocable according to the proportion of benefit received by each of the WSO Center partner programs, consistent with the partner s authorizing federal statute and Uniform Guidance, and include an agreed upon cost sharing methodology. These costs may be shared through cash, non-cash, or third-party in-kind contributions. All WSO Center partners must agree to the other system costs budget. There is no state funding mechanism for other system costs that will be triggered due to lack of agreement at the local level for these costs. Applicable Career Services The other shared system costs budget must be a consolidated budget that includes a line item for applicable career services. The MOU requires identification of the career services that are applicable to each partner program consistent with the WSO Operational Standards. Accordingly, the other shared system costs budget must include each of the partner s costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one partner. Applicable Career Services are services authorized to be provided under each partner s program. Cost Allocation Methodology to Share Agreed Upon Other Shared Costs The Local WDB and WSO Center partners must agree to a cost allocation methodology to identify the proportionate share of other shared costs each partner will be expected to contribute. Any cost allocation methodology selected must adhere to the following: Be consistent with federal laws authorizing each partner s program Comply with federal cost principles in the Uniform Guidance Include only costs that are allowable, reasonable, necessary, and allocable to each program partner Be based on an agreed-upon measure(s) (basis(es)) that mathematically determines the Page 7 of 9
proportionate use and benefit received by each partner The following identifies some examples for other shared costs where applicable: Initial intake, assessment of needs, appraisal of basic skills, identification of appropriate services to meet such needs, and referrals to other WSO Center partners. This may include costs such as technology and tools that increase integrated service delivery through the sharing of information and service delivery processes. Business services. This may include costs related to a local or regional system business services team that has one or more partners on the team or has delegated a specific partner to provide business services on behalf of the system. WSO Center partner staff cross training. This may include any staff cross training on partner programs and eligibility. One-Stop operator. This may include the system role of the One-Stop operator (e.g., coordinating service providers across the One-Stop delivery system) when the role is not specific to the operation of the WSO Center and/or specific partner programs, so long as the role was defined by the Local WDB in the procurement process and agreed to by all WSO Center partners in the MOU. Shared personnel costs for WSO Center colocated partners. This may include center receptionists and/or center managers. These are examples and are not required. In addition, other shared costs beyond these examples may be applicable. The following identifies some potential bases that may be used where applicable: The proportion of a partner program s occupancy percentage of the WSO Center (square footage). This might differentiate between dedicated space to partners and common space, where more than one cost center is established so the distribution reflects a fair and equitable distribution of cost. The proportion of a partner program s staff among all staff at the WSO Center. The proportion of a partner program s participants or customers among a group of related programs at the WSO Center. The proportion of a partner program s use of equipment at the WSO Center. Other In all cases, the Local WDB should describe the rationale for the basis chosen for each infrastructure cost item or group of related items using the same basis. Initial Proportionate Share of Other Shared Costs Allocated to Each WSO Center Partner This section should identify the initial proportionate share of other shared costs allocated to each partner based on the agreed upon cost allocation methodology, each partner s estimated total contribution amount, and whether it will be provided through cash, non-cash (in-kind), and/or third- Page 8 of 9
party in-kind contributions. This initial determination must be periodically reconciled against actual costs incurred and adjusted accordingly. WSO Center partners (or their respective state entity) may provide cash, non-cash, and third-party inkind contributions to cover their proportionate share of other shared costs. If non-cash or in-kind contributions are used, they must be valued consistent with Uniform Guidance Section 200.306 to ensure they are fairly evaluated and meet the partner s proportionate share. If third-party in-kind contributions are made that support the WSO Center(s) as a whole (such as space), that contribution will not count toward a specific partner s proportionate share of the IFA. Rather, the value of the contribution will be applied to the overall infrastructure budget prior to determining proportionate amounts and thereby reduce the contribution required for all partners. Page 9 of 9