HomeMy WebLinkAboutFresno Regional Workforce Development Board - State of CA Employment Development Department MEMORANDUM OF UNDERSTANDING
Between
Fresno Regional Workforce Development Board
And
State of California Employment Development Department
In accordance with the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29
U.S.C. 3101, et seq., as amended (hereafter referred to as "WIOA"), the Fresno Regional Workforce
Development Board (hereinafter referred to as the "WDB") shall develop a local plan, and enter
into a Memorandum of Understanding ("MOU") with local America's Job Center One-Stop Partners
(as defined in Section IV(B) below) regarding the operation of the local America's Job Center One-
Stop System of service delivery (the "local One-Stop System") and the performance of the
functions described in Section 121(e)(1) of the WIOA. MOUs must be executed between the WDB
and the America's Job Center One-Stop Partners, with the agreement of the Chief Local Elected
Official. The Chief Local Elected Official in the WDB's Local Workforce Development Area
(collectively, the City and County of Fresno) has delegated to the WDB the ability to execute this
MOU pursuant to that certain Joint Exercise of Powers Agreement dated May 19, 2009, as
amended (the "Joint Powers Agreement").
L VISION, MISSION AND GOAL OF THE FRESNO COUNTY AMERICA,S JOB CENTER OF
CALIFORNIA (AJCC) ONE-STOP SYSTEM
A. Vision
To fully engage all available public and private resources to ensure the Fresno Regional
Workforce Development system as the premier source for the human capital needs of
growth industry clusters within Fresno County. By integrating education and workforce
preparation to assist the best companies in Fresno County to remain and thrive in our local
community, to achieve sustainable economic growth. To concurrently assist our
unemployed and underemployed residents to achieve a higher quality of life by access to
such careers in growth industry sectors.
B. Mission
The Fresno Regional Workforce Development Board, a Joint Powers Authority between the
City and County of Fresno, in partnership with both the public and private sectors, exists
primarily to assist local businesses in meeting their human capital needs. In this, we both
(1) screen and train prospective new employees and (2) assist in upskilling existing
employees. By offering such quality referral and training services, directly linked to local
industry needs, we are of greatest benefit to our unemployed and underemployed clients.
ll. PURPOSE OF MEMORANDUM OF UNDERSTANDING
A. To define, establish, and reinforce relationships between the WDB and the designated
America's Job Center of California (AJCC) One-Stop Partners;
B. To define the roles and responsibilities of these entities in the performance of their
combined goal of establishing a workforce development system through the local One-
Stop System that is:
1. Integrated (offering as many employment, training, and education services as possible
for employers and individuals seeking jobs or wishing to enhance their skills and
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affording universal access to the system overall);
2. Comprehensive (offering to participant/customer a large array of useful information
with wide and easy access to needed services);
3. Participant/customer-focused (providing the means for judging the quality of services
and making informed choices); and
4. Performance-based (based on clear outcomes to be achieved, mutually negotiated
outcomes and methods for measurements, and the means for measuring and attaining
participant/customer satisfaction); and
C. To describe how cost of services and the operating cost of the local One-Stop System will
be funded.
III. STATEMENT OF ISSUE
As a partner under the WIOA, the State of California Employment Development Department,
hereinafter referred to as the "Partner", enters into an MOU with the WDB regarding the
manner in which the Partner will participate and provide access to their services through the
local One-Stop System.
IV. DEFINITIONS
The following definitions apply to this MOU:
A. AJCC One-Stop Operator:
The WDB sub-contracted entity or entities designated to operate the local One-Stop
System, provide Basic Career Services (as defined in Section IV(D) below), and to
coordinate services within the local One-Stop System under the WIOA. Sometimes also
referred to herein as the "One-Stop Operator"
B. AJCC One-Stop Partner:
An entity that carries out one or more programs or activities described herein, makes those
programs or activities available to participants through the local One-Stop System, and
participates in the operation of the local One-Stop System consistent with the terms of this
MOU and with the requirements of their Authorizing Law (as defined in Section IV(C)
below) by which the programs or activities are authorized under the WIOA. Sometimes
also referred to herein as "Partner"
C. Authorizing Law:
Refers to each respective Partner's legal authority to engage in the specific programs or
activities that the Partner will provide in connection with WIOA authorized programs,
activities, or services.
D. Basic Career Services:
Refers to services and resources available to the general public without enrollment into the
WIOA program or any Partner's program. These services are overseen by the AJCC One-
Stop Operator. These services include but are not limited to the following services, and are
provided either by the WDB or by the Partners, as appropriate, applicable and allowable:
1. Determination of eligibility to receive WIOA-enrolled services.
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2. Outreach, intake, and orientation to the services available through the One-Stop System.
3. Initial assessment of skill levels (including literacy, numeracy, and English language
proficiency), aptitudes, abilities (including skills gaps), and supportive service needs.
4. Labor exchange services, including the following:
a. Job search, placement assistance, and career counseling, including information on in-
demand industry sectors and occupations as well as nontraditional employment.
b. Recruitment and other business services on behalf of employers in the local area, such
as information and referral to specialized business services not traditionally offered
through the local One-Stop System.
5. Referrals to, and coordination of activities with, other programs and services, including
programs and services within the local One-Stop System and other workforce development
programs.
6. Workforce and labor market employment statistics information, including information
relating to local, regional, state, and national labor market areas, including the following:
a. Job vacancy listings and the job skills necessary to obtain them.
b. Information on local in-demand occupations and the earnings, skill requirements, and
opportunities for advancement that accompany them.
7. Information on performance and program cost of eligible providers of training services,
youth workforce development activities, adult education, career and technical education
activities at the postsecondary level, career and technical education activities available to
school dropouts, and vocational rehabilitation services.
8. Information regarding how the local area is performing on the local performance
accountability measures and any additional performance information with respect to the
local One-Stop System.
9. Information on, and referral to, supportive services or assistance, including the following:
a. Child care, child support, medical or child health assistance under title XIX or XXI of the
Social Security Act.
b. Benefits under the supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008.
c. Assistance through the earned income tax credit under section 32 of the Internal
Revenue Code of 1986.
d. Assistance under a state program for temporary assistance for needy families funded
under part A of Title IV of the Social Security Act.
e. Other supportive services and transportation available in the local area.
10. Information and assistance regarding filing claims for unemployment compensation.
11. Assistance in establishing eligibility for programs of financial aid assistance for training and
education programs that are not funded under WIOA.
E. Business Services:
The terms "Business Services" means services and resources available to employers in the
local area and are provided by Partners and sub-contracted providers of services, with
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oversight by WDB staff, where applicable, appropriate and allowable. These services
include, but are not limited to:
1. Labor exchange activities and labor market information;
2. Customized screening and referral of qualified participants in training services to
employers;
3. Customized services to employers, employer associations, or other such organizations, on
employment-related issues;
4. Customized recruitment events and related services for employers including targeted job
fairs;
5. Human Resource consultation services, including but not limited to assistance with:
a. Writing/reviewing job descriptions and employee handbooks;
b. Developing performance evaluation and personnel policies;
c. Creating orientation sessions for new workers;
d. Honing job interview techniques for efficiency and compliance;
e. Analyzing employee turnover; or
f. Explaining labor laws to help employers comply with wage/hour and safety/health
regulations;
6. Customized labor market information for specific employers, sectors, industries or clusters;
7. Rapid Response and lay-off aversion; and
8. Other similar customized services.
F. Individualized Career Services:
The term "Individualized Career Services" means services available to persons who meet
the eligibility requirements as defined in the WIOA and subsequent regulations. These
services are provided by the WDB's subcontracted service providers and Partners, where
applicable, appropriate and allowable. These services are subject to priority of service and
include, but are not limited to:
1. Comprehensive and specialized assessments of the skill levels and service needs of adults
and dislocated workers, which may include the following:
a. Diagnostic testing and use of other assessment tools.
b. In-depth interviewing and evaluation to identify employment barriers and appropriate
employment goals.
2. Development of an individual employment plan to identify the employment goals,
appropriate achievement objectives, and appropriate combination of services for the
participant to achieve the employment goals, including providing information on eligible
providers of training services and career pathways to attain career objectives.
3. Group counseling.
4. Individual counseling.
5. Career planning.
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6. Short-term prevocational services, including development of learning skills, communication
skills, interviewing skills, punctuality, personal maintenance skills, and professional
conduct, to prepare individuals for unsubsidized employment or training.
7. Internships and work experiences linked to careers.
8. Workforce preparation activities.
9. Financial literacy services.
10. Out-of-area job search assistance and relocation assistance.
11. English language acquisition and integrated education and training programs.
G. AJCC Partner Services:
The term "AJCC Partner Services" means those services described in Section IX,
Description of Services To Be Provided By Partner, of this MOU carried out under the
Partner's Authorizing Law.
H. Participant/Customer:
The term "Participant/Customer" is defined as a person or persons receiving integrated
local One-Stop System employment, training, educational services, and/or business
services for employers from any AJCC partner.
I. Training Services:
The term "Training Services" means services available to persons who meet the eligibility
requirements as defined in the WIOA, subsequent regulations, and locally-defined
prerequisites. These services are provided by the WDB's subcontracted service providers
and Partners, where applicable, appropriate and allowable. These services are subject to
priority of service and include, but are not limited to:
1. Occupational skills training, including training for nontraditional employment.
2. On-the-job training.
3. Incumbent worker training.
4. Programs that combine workplace training with related instruction, which may include
cooperative education programs.
5. Training programs operated by the private sector.
6. Skill upgrading and retraining.
7. Pre-apprenticeship and apprenticeship training
8. Entrepreneurial training.
9. Transitional jobs (Work Experience).
10. Job readiness training provided in combination with another training service.
11. Adult education and literacy activities, including activities of English language acquisition
and integrated education and training programs, provided concurrently or in combination
with another training service.
12. Customized training conducted with a commitment by an employer or group of employers
to employ an individual upon successful completion of the training.
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13. Other similar training services
V. AJCC ONE-STOP PARTNER PARTICIPATION
Partner agrees to participate in a joint planning process which results in the development of
the local and regional Strategic Plan submitted to the State in accordance with issued WIOA
guidelines (the "Strategic Plan"). Partners agree to engage in planning, plan development,
and activities, to result in:
A. Continuous partnership building between all parties to this MOU;
B. Continuous partnership building and planning responsive to State requirements;
C. Continuous partnership between State and local representatives engaged in WIOA
activities and related workforce preparation and development;
D. Responsive to specific local and economic conditions, including employer needs;
E. Adherence to strategic planning principles adopted by the WIOA for long range planning,
including the requirement for continuous improvement;
F. Adherence to common data collection and reporting, including needs for modification or
change;
G. Diligence in developing coordinated local leadership in workforce development through:
H. Responsiveness to participant/customer needs;
I. Maintenance of system infrastructure;
J. Shared technology and information;
K. Performance management to measure the success of the local One-Stop System overall
and to enhance performance in a spirit of quality management and continuous
improvement.
L. Identification of each Partner's appropriate contribution to meeting the performance
standards negotiated between the State of California and WDB.
VI. THE CUSTOMERS TO BE SERVED
The AJCC One-Stop Center will serve:
A. Those Fresno County residents,- who are seeking employment, need guidance on how to
make career choices, and are building basic educational or occupational skills.
1. Priority of Service will be given to those who are (in order of priority):
a. Veterans and eligible spouses who are also recipients of public assistance,
other low income individuals, or individuals who are basic skills deficient;
b. Individuals who are recipients of public assistance, other low income individuals,
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individuals who are basic skills deficient, or individuals with other barriers to
employment.
c. Veterans and eligible spouses who are not included in WIOA's priority groups.
d. Other individuals not included in WIOA's priority groups.
B. Those businesses who are seeking a skilled and stable workforce; need guidance in
various business operations or in need of assistance in case of reductions in force.
C. All AJCC One-Stop Center Services and Partner services will be available to all eligible
residents no matter their English language proficiency or physical abilities.
VII. AMERICANS WITH DISABILITIES ACT COMPLIANCE
Partner agrees to ensure that the policies and procedures, as well as the programs and services
provided at the AJCC and Partner's facilities, are in compliance with the Americans with
Disabilities Act and its amendments. Additionally, partners agree to fully comply with the
provisions of WIOA, Title VII of the civil Rights act of 1964, the Age Decimation Act of 1975, Title
IX of the Education Amendments of 1972, 29 CRF Part 37 and all other regulations implementing
the aforementioned laws.
Vill. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. Partner agrees that no person shall, because of ethnic group identification, age, sex,
gender identification, sexual orientation, color, disability, medical condition, national
origin, race, ancestry, marital status, religion, religious creed, or political belief be
excluded from participation, be denied benefits of, or be subject to discrimination under
any program or activity receiving state or federal assistance. Such practices include
retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion,
transfer, rates of pay or other forms of compensation, use of facilities, and other terms
and conditions of employment.
B. Partner assures compliance with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as applicable regulations and
guidelines issued pursuant to the ADA.
IX. DESCRIPTION OF SERVICES TO BE PROVIDED BY THE PARTNER
Partner agrees that they will provide access to all the services described below at the
designated AJCC One-Stop and any other satellite location deemed appropriate by the
Partner. Partner will participate in the creation of the local One-Stop System which provides
universal access and enables customers to become self-sufficient.
Partner will ensure that services are provided either by (i) assigning staff to the local AJCC
One-Stop(s); (ii) using a mutually developed referral process; (iii) training the One-Stop
Operator and other Partner staff to deliver information about the services available to eligible
individuals; and/or (iv) using technology to provide services to participants/customers, except
as noted below.
Partner will ensure that the needs of workers and youth, and individuals with barriers to
employment, including but not limited to individuals with disabilities and limited English
proficient individuals, are provided necessary and appropriate access to services, including
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access to technology and materials, available through the local One-Stop System.
Any Partner funded by Wagner-Peyser is required to be co-located in the Comprehensive
America's Job Center One-Stop Center (as defined and identified in Section XI(A) below).
Partner agrees that it will provide One-Stop Partner Core Services to participants/customers
and support local One-Stop System activities:
A. Workforce Services Branch will provide
1. Basic Career Services to include initial assessment of skill levels; provision of referrals
to and coordination of activities; provision of workforce and labor market employment
statistics information; provision of information relating to the availability of supportive
services or assistance on-site using staff who are properly trained in Unemployment
Insurance (UI) claims, filing, and/or the acceptance of information necessary to file a
claim.
2. Individualized Career Services to include short-term pre-vocational services, including
development of learning skills, communication skills, interviewing skills, punctuality,
personal maintenance skills and professional conduct to prepare individuals for
unsubsidized employment or training, in some instances pre-apprenticeship programs
may be considered as short-term pre-vocational services.
3. Support the following programs and/or services:
a. California Training Benefits (CTB),
b. CaIJOBS,
c. Employer Services,
d. Fidelity Bonding,
e. H-2A Temporary Agriculture Program,
f. Jobs for Veterans Services Grant,
g. Migrant Seasonal Farmworker Services,
h. Personal Job Search Assistance Workshops,
i. Rapid Response,
j. Trade Adjustment Assistance,
k. Work Opportunity Tax Credits,
I. Worker Adjustment Retraining Notification (WARN) Act,
m. Workshops,
n. Youth Employment Opportunity Program/Youth Services.
B. Labor Market Information Division will provide:
1. Basic Career Services to include Labor Market Information (LMI) for regional
economies, local areas, and California and a self-service website accessible to all
customers with LMI products and data.
2. Individualized Career Services to include
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a. Occupational Guides/Profiles,
b. Wage data,
c. Skills information and skills transference,
d. In-demand occupations,
e. Education and licensing requirements,
f. Crosswalk occupations and education program offerings,
g. Eligible Training Provider List (ETPL) of certified training organizations,
h. Commute pattern data.
C. Unemployment Insurance Branch will provide
1. Unemployment Insurance (UI) claim information upon request, following the Data
Consent Authorization Form (DCAF) process,
2. Worker Profiling and Reemployment Services,
3. A direct line to UI services as outlined by the UI Direct Policy,
4. AJCC staff with training and support in areas of UI as required,
5. Guidance to individuals filing unemployment insurance claims via UI Online,
6. Assistance to AJCC staff and customers related to California Training Benefits (CTB),
7. Collaborate with Partners and AJCC staff on the Trade Adjustment Assistance (TAA)
as it relates specifically to Trade Readjustment Allowance (TRA),
8. Support to the Rapid Response Team as a team member and participate in Rapid
Response Roundtable meetings,
9. Provide lay off aversion information to Employers.
X. WDB RESPONSIBILITIES
As authorized under the WIOA, and pursuant to the Joint Powers Agreement, the WDB will
establish policies necessary for implementation of the WIOA in the local area and shall:
A. Develop and submit a local plan to the Governor;
B. Collaborate with other Workforce Development Boards to develop a Regional Plan;
C. Identify eligible AJCC One-Stop Operators by awarding grants or contracts on a
competitive basis;
D. Conduct programmatic and fiscal reviews of the WIOA services provided by sub-
contracted program providers of services, training services providers and report to the
WDB the results of those reviews;
E. Identify eligible providers of youth activities in the local area by awarding grants or
contracts on a competitive basis based on the recommendations of the WDB Youth
Council;
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