MCWDB SHARED GOVERNANCE AGREEMENT.PDF

AGREEMENT BETWEEN
MARICOPA COUNTY BOARD OF SUPERVISORS and
MARICOPA COUNTY WORKFORCE DEVELOPMENT BOARD
This shared governance and multi-function agreement is made by and between Maricopa
County, a political body duly organized and existing under the laws of the state of Arizona and
its Maricopa County Board of Supervisors (hereafter referred to as “BOS”), the Chief Elected
Officials (CEOs) under the Workforce Innovation and Opportunity Act (WIOA), and the Maricopa
County Workforce Development Board (hereafter referred to as “WDB”), the local workforce
development board as designated by the Governor of Arizona, to articulate the relationship, roles,
and responsibilities between the two entities as required by the federal Workforce Innovation and
Opportunity Act (hereafter referred to as WIOA) of 2014 (Public Law No. 113-128). BOS and
WDB are collectively referred to herein as the “Parties” and individually as “Party.”
RECITALS
Whereas, the Workforce Innovation and Opportunity Act (WIOA) was established to
increase employment, education, and training for individuals with barriers, to support the
alignment and improvement of the workforce development system, to improve the skills of
workers to secure employment with family-sustaining wages and provide employers with a skilled
workforce for global competitiveness, and to provide workforce activities through state and local
workforce development systems; and
Whereas, Maricopa County is designated the local workforce development area by the
Governor and is funded to administer WIOA in Maricopa County, outside of the City of Phoenix;
and,
Whereas, the Maricopa County Board of Supervisors are the designated Chief Elected
Officials by the State of Arizona; and,
Whereas, the Maricopa County Workforce Development Board is designated as the
workforce development board for the Maricopa County Local Workforce Development Area; and,
Whereas, all Parties acknowledge that WIOA laws and regulations, Training and
Employment Guidance Letters (TEGLs), Uniform Administrative Guidance, State Law and
applicable policies, the Arizona Department of Economic Security WIOA contract, and County
policies must be adhered to in their entirety; and,
Whereas, the WIOA emphasizes local control so the Local Workforce Area can tailor
services for the unique needs of that Local Workforce Area; and,
Whereas, the WIOA requires that a shared governance and multi-function agreement be
entered into to delineate the role and responsibilities of the BOS, WDB (and its staff), Fiscal
Agent, and any entity performing multiple functions; and,
Whereas, it is the desire of both parties to have an agreement that provides a basis for
cooperation and partnership which will lead to the success of the employment and training
system (ARIZONA@WORK MARICOPA COUNTY) within the County and contribute to the
overall economic prosperity of the region and its residents;
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Therefore, in consideration of the recitals set forth above and incorporated by reference,
the Parties agree as follows:
I. Purpose
The purpose of the Agreement is to define the roles and responsibilities of the BOS and
WDB and establish the multi-function agreement between the BOS and WDB as required
by the WIOA since the Maricopa County Human Services Department is performing more
than one role.
II. Definitions
For the purposes of this agreement, the following terms shall have the meaning set forth
below:
A. Career Services Provider: the provider of services as specified in WIOA to
“Adults” and/or “Dislocated Workers.”
B. Chief Elected Officials (“CEOs”): the Board of Supervisors (BOS).
C. Conflict of Interest: a situation in which a person is in a position to derive personal
benefit from actions or decisions made in their official capacity.
D. Fiscal Agent: the BOS, or designated entity, responsible to perform accounting
and funds management for WIOA funds.
E. Grant Recipient: the BOS.
F. Local Workforce Area: Maricopa County as designated by the Governor.
G. Local Workforce Development Board (“WDB”): the Maricopa County Workforce
Development Board as defined by 20 CFR 679.310.
H. One Stop Delivery System: the workforce development, educational, and other
human resource services joined 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.
I. One Stop Operator (“OSO”): the entity that coordinates the service delivery of
required one-stop partners and service providers as specified in WIOA.
J. Training and Employment Guidance Letter (“TEGL”): the guidance letter
issued by the US Department of Labor.
K. Training Provider: An entity with a demonstrated ability of training individuals to
enter quality employment and that is included on the eligible training provider list.
L. Vacancy Appointment: a nominee selected to serve the remaining term of vacant
position.
M. Vacancy Date: the date the BOS approves the resignation or termination of a
WDB member.
N. WIOA: the Workforce Innovation and Opportunity Act of 2014, as amended.
O. Youth Services Provider: the provider of services to youth as specified in WIOA.
III. Effective Date, Term, and Termination
A. This Agreement shall be effective July 1, 2020 until June 30, 2023 unless
terminated as provided herein.
B. The Agreement may be renegotiated or terminated by either Party with sixty (60)
days’ notice in writing to the other party. Such notice shall be given by personal
delivery or by Registered or Certified mail.
C. This Agreement is subject to the statutory language of A.R.S. § 38-511 which are
incorporated herein by reference.
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D. If any action is taken by any State agency, federal department or any other agency
or instrumentality to suspend, decrease or terminate its fiscal obligation under, or
in connection with this Agreement, the Parties may amend, suspend, decrease or
terminate its obligations under or in connection with this Agreement. In the event
of termination, the Parties shall be liable for payment only for services rendered
prior to the effective date of the termination, provided that such services performed
are in accordance with the provisions of this Agreement. The Parties shall give
written notice of the effective date of any suspension, amendment, or termination
under this section at least ten (10) calendar days in advance.
E. This Agreement may be terminated by mutual written agreement of the parties
specifying the termination date therein.
IV. Amendments
A. Proposed amendments or termination to this Agreement may be offered by either
Party in writing within sixty (60) days, at a minimum, to the other Party, via official
electronic communication and certified mail. Adoption of such proposals shall be
approved and enforced through a signed document by both Parties.
B. The Agreement may be amended if the governance structure changes, if the
Bylaws are amended, or in the event the regulations or laws change.
C. Any amendment or change to the Agreement must be maintained at the LWDB
staff office and be available for monitoring by the state administrative entity.
D. The entire Agreement of the Parties is contained herein, and this Agreement
supersedes all prior agreements between the Parties relating to the subject matter
thereof.
V. Notices of Election
A change of leadership of the WDB and the BOS does not constitute an amendment of
this agreement, but Parties shall provide notification of leadership changes as follows:
A. Notice of an election of a new WDB Chair, as evidenced within the minutes of the
WDB meeting, shall be provided to the Maricopa County Clerk of the Board.
B. Notice of an election of any new BOS and/or the BOS Chairman, as evidenced
within the minutes of the BOS meeting, shall be published on the BOS website
within 10 days after the first BOS meeting of each calendar year.
VI. BOS Roles and Responsibilities
A. Delegated Functions
1. Unless otherwise indicated as non-delegable, the BOS may fulfill its roles
and responsibilities through staff and/or contracts. Any staff or contractors
assigned to fulfill BOS responsibilities shall comply with the provisions of
Section XIII. Internal Controls, Conflict of Interest, and Firewalls.
2. The BOS designates the Assistant County Manager to serve as WDB
liaison to the BOS;
3. The BOS designates Maricopa County Human Service Department to
serve as Fiscal Agent for the WDB and be responsible for the receipt and
disbursement of WIOA funds in the Local Workforce Area. The specific
roles and responsibilities of the Fiscal Agent are identified in Section IX.
a) HSD staff involved in Fiscal Agent function shall not be involved in
policy or direct service provision activities of the Local WDB.
b) Any funding or costs shifted between the WDB budget and the
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Service Provider budget(s) that results in an increased or
decreased overall budget for either entity shall be presented to the
WDB for review and authorization.
c) BOS approval is required if the funds shift results in an increased
budgeted amount for the WDB.
d) BOS approval is required if the funds shift results in a substantial
decrease, as recognized by the WDB to the WDB budget.
4. To ensure proper separation of duties and functions, there shall be no
commingling of budgets for the WDB staff, Fiscal Agent, and Service Provider
(see Attachment A, Maricopa County Organizational Chart A, B, and C
respectively). Each of these functions shall have a separate budget and
personnel with separate functions and hierarchical reporting chains.
Notwithstanding the foregoing, personnel shall be individually and collectively
responsible for reporting compliance with WIOA and regulations, OMB
circulars, and State and County policies and statutes.
5. The BOS delegates signatory capacity to the Chairman of the BOS.
B. Misuse of Funds
1. The BOS are liable in their official capacity for any misuse of grant funds as
described in WIOA.
C. WDB Bylaws
1. Per CFR 679.310 (g), the BOS must establish bylaws consistent with federal
law, regulations, and State policy,
D. WDB Membership
1. The BOS shall solicit nominations for the WDB. The final selection and
appointment of WDB members shall be made by the BOS in accordance with
WIOA and State and Federal requirements and consider recommendations
pursuant to Section VII F (2) Composition: The WDB shall be composed of
the following:
a) The WDB shall be comprised of private business sector and public
sector members.
b) The Board membership shall be representative of the Local Workforce
Area’s geography and business demographics.
c) The BOS will seek to have a WDB membership which is diverse in
gender and ethnicity.
d) An individual may serve as a representative of more than one
membership category if the individual meets all the criteria for
representative in accordance with WIOA.
e) At least 51% of members shall be representatives of business in the
Local Workforce Area who:
(1) Are owners of businesses, chief executives or operating officers
of businesses, or other individuals with optimum policymaking
or hiring authority;
(2) Provide employment opportunities in in-demand industry
sectors or occupations, and provide high-quality work- relevant
training and development opportunities to its workforce or the
workforce of others in the case of organizations representing
business;
(3) Are appointed from among individuals nominated by local
business organizations and business trade associations; and
(4) At least two (2) members must represent small business as
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defined by the U.S. Small Business Association.
f) At least 20% of the members must be workforce representatives with
optimum policymaking authority. These representatives:
(1) Must include at least two (2) representatives of labor
organizations, nominated by local labor federations or other
representatives of employees;
(2) Must include at least one (1) representative of a joint labor-
management, or union- affiliated, registered apprenticeship
program within the Local Workforce Area who must be a training
director or member of a labor organization;
(3) May include one or more representatives of community- based
organizations that have demonstrated experience and expertise
in addressing the employment, training, or education needs of
individuals with barriers to employment, including organizations
that serve veterans or support competitive, integrated
employment for individuals with disabilities; and
(4) May also include one or more representatives of organizations
that have demonstrated experience in addressing the
employment, training, or education needs of eligible youth,
including representatives or organizations that serve out-of-
school youth.
g) The balance of the Board membership shall include the mandatory
category of individuals with optimum policymaking authority, as
follows:
(1) At least one (1) eligible provider administering adult education
and literacy activities under WIOA Title II, selected from among
the providers serving in the Local Workforce Area;
(2) At least one (1) representative from an institution of higher
education providing workforce development activities, including
community colleges;
(3) At least one (1) representative from economic and community
development entities;
(4) At least one (1) representative from the state Employment
Service office under the Wagner-Peyser Act;
(5) At least one (1) representative from the programs carried out
under Title I of the Rehabilitation Act of 1973, other than sec.
112 or Part C of that title (i.e., the State Vocational
Rehabilitation Program or the state agency responsible for the
State Vocational Rehabilitation Program); and
h) Members may also include a non-mandatory category of additional
Local Workforce Area representatives appointed by the BOS from:
(1) Entities administering education and training activities who
represent local educational agencies or community-based
organizations with demonstrated expertise in addressing the
education or training needs for individuals with barriers to
employment;
(2) Governmental and economic and community development
entities who represent transportation, housing, and public
assistance programs;
(3) Local Workforce Area philanthropic organizations; and,
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(4) Other appropriate individuals based on the WIOA law and
regulations as determined by the BOS.
2. Nomination: Consistent with WIOA, the BOS adopts the following nomination
criteria:
a) All nominations submitted the BOS for consideration must be
submitted in writing and include sufficient supporting documentation
to demonstrate the qualifications of the nominee.
b) Nominees who are intended to serve as representatives of business
in the Local Workforce Area must be appointed from among
individuals nominated by business organizations and business trade
associations.
(1) The CEO or designee of the nominating organization must sign
the nomination letter submitted to the BOS.
(2) The nomination letter must acknowledge the nominee’s
optimum policy-making authority and include documentation of
the candidate’s curriculum vitae, resume, or work history.
c) Nominees who are intended to serve as representatives of labor must
be appointed from among individuals nominated by local labor
federations.
d) For the mandatory categories, nominees may be appointed from
among individuals nominated by a senior executive from the agency
or institution of employment or affiliation.
e) For the mandatory category of adult education and literacy, a
solicitation of nominations will be based on a solicitation of Local
Workforce Area providers of adult education and literacy activities
under WIOA Title II.
f) For the mandatory category of higher education institutions, a
solicitation of nominations will be based on a solicitation of institutions
of higher education providing workforce development activities.
g) For the non-mandatory categories, a solicitation of nominations will be
based on a:
(1) Solicitation of community-based organizations (CBOs).
Representative nominations from local CBOs must be qualified
by being workforce-centered and having demonstrated positive
performance for at least three to five years in the community.
(2) Solicitation of nominations from other optional representatives
with a workforce mission/focus must hold promise for beneficial
partnerships.
h) Nominees shall meet the qualifications of the membership category
for which they are applying. Nominees shall confirm their
qualifications for the membership category for which they are applying
in writing. Nominating organizations shall confirm the same.
i) Members shall notify the WDB and the Clerk of the Board if they no
longer meet the qualification criteria required by WIOA for their position
on the WDB.
j) All vacancies shall be publicly noticed on the Maricopa County
website.
3. Appointments.
a) The BOS shall appoint each member of the WDB by majority vote.
b) Reappointments will follow the same nomination process as outlined
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in this agreement and will be made within 120 days of the term
expiration.
c) Notification of appointments will be evidenced within the minutes of
the BOS meetings.
4. Terms of Office of BOS Appointees.
a) Members appointed to the WDB shall serve three-year terms, except
vacancy appointees who shall serve the remaining term of their
predecessor. Upon expiration of his or her term, any WDB Member
may continue to serve until the BOS takes action.
b) Appointments will be staggered to the extent possible to have only
one-third (1/3) of the membership expire in a given year.
5. Resignations
a) Resignation by WDB members shall be submitted in writing to the
WDB Chair and the Clerk of the Board. A member’s resignation is
effective only when accepted by the BOS.
6. Terminations
a) BOS may remove a member for the following reasons:
(1) Failure to attend WDB meetings, as follows:
• More than three consecutive absences from regularly scheduled
meetings by any member during any 12-month program period
(July 1 – June 30) shall result in the removal of the member from
the WDB.
• Any four absences from regularly scheduled meetings during a
twelve-month period by any member during any 12-month program
period (July 1 – June 30) shall result in the removal of the member
from the WDB.
• Within seven (7) days of notification of attendance policies violation
a member may provide a written explanation to the WDB Chair on
the reason for the absences.
• Exceptions to attendance policies may be made by the WDB Chair
due to special circumstances and shall be documented.
(2) Violation of Conflicts of Interest and Ethics imposed by WIOA,
A.R.S. §38-501 et seq., and Maricopa County Internal Policy HR2421.
(3) Failure to meet WDB member representation requirements as
defined in WIOA.
(4) Documented malfeasance, fraud or abuse.
(5) Knowingly and intentionally acting in a manner that prohibits
compliance with Federal law, State policy, or requirements set
forth by the Workforce Arizona Council (WAC) or Department of
Economic Security (DES). Examples include but are not limited
to failing to meet deadlines and failing to provide requested
information.
b) “Just cause” for removal is established based on documented
evidence of failure to meet the expectations outlined in Section
VI.C.6.a. including but not limited to: attendance records, conflicts
of interest, or actions inhibiting compliance with Federal law, State
policy, or requirements of the WAC or DES.
c) Removal of a WDB member shall require a formal vote of the BOS.
7. Vacancies
a) WDB vacancies shall be filled within 120 days of the vacancy date by
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the BOS.
b) If a vacancy occurs by other than an expiration of term, the vacancy
shall be filled by appointment by the BOS for the unexpired portion
of the term.
c) In the event a vacancy cannot be filled within 120 days, Assistant
County Manager, or delegate, shall request a waiver in writing to
the Director of the State Workforce Development Board with an
explanation of why a vacancy was not filled in the 120-day
timeframe and a description of the process underway to fill the
vacancy. The Assistant County Manager or his/her delegate must
maintain written approval of the waiver request by the Director of
the State Workforce Development Board for State monitoring
purposes.
d) Positions will be filled in compliance with WIOA.
e) Nominees for a vacancy shall meet the criteria needed to fulfill the
Board composition requirements of WIOA.
8. Compensation
a) Members of the WDB shall serve without compensation except for
any pre-authorized travel expenses incurred in connection with
their duties, including transportation, meals, and lodging; in
accordance with WIOA and all applicable Maricopa County policies
and regulations.
b) The BOS through the Fiscal Agent is authorized to reimburse those
expenses identified in (A) post-travel to the extent such expenses
are allowable and reimbursable under WIOA, Uniform Guidance,
and all applicable County policies and regulations.
VII. WDB Roles and Responsibilities
A. Unless otherwise indicated as non-delegable, the WDB may fulfill its roles and
responsibilities through staff and/or contracts. Any staff or contractors assigned to
fulfill WDB responsibilities shall comply with the provisions of Section XIII. Internal
Controls, Conflict of Interest, and Firewalls.
B. WDB serves as a strategic convener to promote and broker effective relationships
with the County and the Maricopa County workforce system. The WDB shall
maintain strategic and strong relationships with business organizations, chambers
of commerce, labor and trade associations, education providers, and others as
needed or required.
C. WDB provides strategic and operational oversight for the workforce system as
follows:
1. Provide ongoing reviews of services available, access to services, service
delivery, cost of services, and system and program administration;
2. Seek to avoid duplication with other system and program monitoring;
3. Review current plans and proposals for service delivery;
4. Develop detailed actions and timeframes in coordination with the
necessary workforce system partners; and
5. Provide the BOS with system and program oversight updates in a quarterly
report.
D. The following WDB required roles and responsibilities shall be completed in a
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timely manner by WDB members or at the direction of the WDB through staff,
consultants, and/or allowable, designated entities. WDB shall consult with County
concerning all responsibilities delegated to staff consistent with the requirements
set forth in Section XI.
1. Workforce Research and Regional Labor Market Analysis
The WDB will conduct analyses of the labor market and workforce system and
integrate the findings into the Local Plan. The WDB will coordinate with key
stakeholders, contracted staff (as needed), and other parties in order to present a
well-rounded representation of the economic conditions in the Maricopa County
LWDA.
2. Convening, Brokering, and Leveraging
The WDB will convene local workforce development system stakeholders to
develop the local plan. The WDB, will plan, coordinate and schedule all necessary
meetings to execute the objectives of local plan.
3. Employer Engagement
Lead efforts to engage with a diverse range of employers, entities in the region,
and economic development entities to promote business representation on the
WDB and develop effective linkages with employers to support employer
utilization of the Maricopa County workforce system to ensure the workforce
investment activities meet the needs of employers, and support economic growth
in the region. The WDB shall coordinate with BOS economic development
strategies and workforce priorities that align with WIOA.
4. Career Pathways
Collaborate with secondary and postsecondary education program
representatives leading the efforts in the local workforce development area to
develop and implement career pathways by aligning occupational training in the
targeted occupations and in-demand industries.
5. Proven and Promising Practices
Identify, promote, and disseminate proven and promising strategies, initiatives,
and practices for meeting the needs of all job seekers and employers. Specific
attention will be given to system performance, service delivery benchmarking, and
program design/evaluation to identify strengths and opportunities for continuous
process improvement.
6. Technology
Develop strategies, including coordination with the County and all workforce
system partners, for using technology to maximize the accessibility and
effectiveness of the local workforce development system for employers, workers,
job seekers, and specifically those with barriers to employment. The WDB will
address these issues from a strategic level and task the One Stop Operator with
identifying referral tools and strategies between core partners.
7. Coordination of Education Providers
Coordinate activities with education and training providers, including those on the
State-approved Eligible Training Provider List (ETPL) and all WIOA Title II service
providers, to align education and training with WDB selected sectors to support
career pathways.
8. Accessibility for Individuals with Disabilities
The WDB, through the One Stop Operator, will annually assess the physical and
programmatic accessibility of all one-stop centers in the Local Workforce Area in
accordance with the Americans with Disability Act of 1990.
9. Certification of One-Stop Centers
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The WDB certifies all ARIZONA@WORK Maricopa County comprehensive and
affiliate job centers every three (3) years in accordance with 20 CFR 678.800 and
the WAC State Workforce Policy #6 Certification of the ARIZONA@WORK Job
Centers.
E. Communication with the Public
1. All meetings of the WDB, including its committees and workgroups shall be
conducted in compliance with Open Meeting Law (Arizona Revised Statutes
38-431 et seq.). Meetings shall be open, and it shall be a stated policy that
interested citizens or groups will be heard on workforce development matters.
2. The WDB shall meet not less than six times per year.
3. Within three (3) business days of any WDB meeting, including its committees
and workgroups, the WDB staff shall make available the meeting minutes on
the WDB website.
4. On behalf of the WDB, the WDB staff shall make available to the public on the
WDB website information regarding the activities of the WDB, including but
not limited to:
a) Local Plan, including any modifications;
b) List and affiliation of WDB members; and
c) WDB Bylaws.
F. Board membership
1. The WDB may solicit and refer candidates to apply for WDB membership.
a) The WDB Chair may recommend removal of a member for any of the
reasons cited in Section VI.D.6.
G. Youth Committee
1. The Youth Committee shall be a WDB Standing Committee comprised of a
minimum of five (5) members appointed by the WDB.
2. The Youth Committee shall be chaired by a member of the WDB.
3. The Youth Committee shall have a minimum of three additional (3) WDB
members.
4. The Youth Committee shall have at least one (1) non-member of the WDB
who shall:
a) Have experience and expertise in youth activities and services; and
b) Be a voting member of the Youth Committee.
5. The term of each Youth Committee member shall coincide with the term of
the WDB Chair.
6. Under the direction of the WDB, responsibilities of the Youth Committee may
include, but not be limited to the following:
a) Identify eligible providers of youth workforce development activities
by:
(1) Exercising the option described in CFR 681.400 to have the
grant recipient provide directly some or all of the youth workforce
investment activities; and/or
(2) Choosing to competitively award grants or contracts to youth
service providers to carry out some or all of the youth workforce
investment activities;
b) Inform, assist, and make recommendations to the Executive
Committee and the full WDB in developing and overseeing a
comprehensive youth program;
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c) Foster integration and collaboration of youth activities in the local
workforce development area;
d) Recommend system enhancements to ensure a broad range of
services and opportunities for youth, including disconnected youth;
e) Recommend ways to leverage resources and coordinate services
among schools, public programs, and community-based
organizations serving youth; and
f) Provide leadership and support for continuous quality improvement
efforts for youth services programs.
H. Officers
1. The WDB members select the WDB Chair and other officers, as described
in the Bylaws.
I. Career Services
1. WDB selects the Career Services Provider. The expectations and terms of
the service provider shall be documented in a contract approved by the
WDB and BOS. Additional guidance on service provider selection can be
found in Section VIII.
J. Operational Budget
1. The WDB shall have the operational budget for Adult, Dislocated Worker,
and Youth Services presented to them for review and approval annually.
2. The WDB may have the fiscal agent present the annual budget.
3. The operational budget shall be approved no later August 15th.
4. The annual approved budget must allocate all available WIOA funds for
the fiscal year.
K. The WDB shall provide WDB member orientation.
VIII. Shared Roles and Responsibilities
A. WDB Budget The Parties share the responsibility for the WDB Budget as follows:
1. Development and Submission
a) WDB and their designated staff shall develop an annual line item
administrative budget and budget justification for the purpose of
carrying out the duties as referenced in this agreement.
(1) The budgeting period must be aligned with the County fiscal year,
which runs from July 1 through June 30.
(2) The budget must be in accordance with all County policies and
guidelines, WIOA, and Uniform guidance.
(3) WDB shall submit the annual line item budget and budget
justification to the Assistant County Manager by December 1 of
each year.
(4) The administrative budget will be included in the overall WIOA
budget that the fiscal agent submits to the BOS in order to
establish an overall spending cap for the upcoming fiscal year.
b) The WDB shall review and approve the operational budget for
Adult, Dislocated Worker, and Youth Services by major program by
June 30th of each year for the budget year beginning July 1st.
(1) The total WIOA budget (operational and administrative) may not
exceed the spending cap approved by the BOS.
(2) This presentation may be done by the service provider(s) and/or
fiscal agent, at the discretion of the WDB.
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c) Budget Review and Approval
(1) The Fiscal Agent shall review the WDB budget to ensure it is in
accordance with all County policies and guidelines, WIOA, and
Uniform Administrative Guidance.
(2) The Fiscal Agent shall provide the budget review to the Assistant
County Manager and the WDB Executive Director.
(3) The Fiscal Agent shall submit the budget to the Maricopa County
Office of Management and Budget, on behalf of the BOS.
(4) The BOS in its discretion, shall review and approve the Budget in
accordance with County policy.
d) On-going monitoring
(1) On behalf of the BOS, the Assistant County Manager shall:
• Monitor the WDB budget expenditures;
• Notify the WDB Executive Director and the WDB Chair on
expenditure and audit issues;
• Provide updates to the BOS as requested.
B. WIOA Funds
1. BOS and WDB shall, to the best of their abilities, ensure all funds are
expended prior to expiration with the assistance of the Fiscal Agent.
C. Local Plan
1. WDB and their staff shall develop the local plan for the Local Workforce
Area every four years.
2. The Local Plan shall be consistent with:
a) WIOA Section 108;
b) State Unified Plan; and
c) BOS strategic priorities, including (but not limited to) economic
development, regionalism, and priority populations.
3. On behalf of the BOS, the Assistant County Manager shall provide local
plan feedback to the WDB Executive Director.
4. WDB shall vote and approve the local plan prior to the final submittal to the
BOS.
5. The BOS shall review and approval the plan during a BOS meeting.
6. WDB shall submit the finalized local plan to the State only after receiving
BOS approval.
7. The WDB shall follow the prescribed process in this section for all
substantive (non-technical) local plan amendments.
D. Regional Plan
1. All Parties may collaborate with other Local Workforce Areas, as necessary.
In the event the Local Workforce Development Area is designated to be a
planning region that includes other Local Workforce Areas, the Parties shall
follow the same process as for the development and approval of the local
plan.
E. Selection of Operators and Providers
1. While it is the responsibility of the WDB to select a One Stop Operator and
providers, as discussed in the following sections, it is the responsibility of the
BOS to execute contracts with selected entities/vendors. As such, selection
of operators and providers is considered a shared function.
2. One Stop Operator(s)
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a) Selection
(1) The WDB with the assistance of their staff shall determine the
scope of work for the OSO.
(2) The WDB shall competitively procure the One Stop Operator
with the Maricopa County Office of Procurement Services and
in compliance with County procurement policies.
(3) The designation of an OSO must be approved by a majority vote
of the WDB or designated committee or workgroup.
(4) Once approved, the contract shall be forwarded to the BOS.
The OSO contract shall be effective only when approved by the
BOS.
3. Provider(s)
a) Occupational Skills Training: The WDB shall encourage sufficient
number and types of eligible training service providers in a manner that
maximizes consumer choice, and who are consistent with the criteria
established by the Governor and WIOA.
b) Career Services: The WDB shall determine the selection criteria for
the provider of Career Services, as specified in WIOA to “Adults” and
Dislocated Workers.”
(1) The WDB selects the Human Services Department Workforce
Development Division as the Career Services Provider.
c) Provider contracts may be competitively awarded for any WIOA
services; if provider contracts are competitively awarded, they shall be
publicly noticed and procured through the Maricopa County Office of
Procurement Services.
d) Youth Services: Pursuant to CFR 681.400(b), the WDB elects to have
the grant recipient provide youth services through its Human Services
Department.
(1) The WDB retains the right to instead provide youth services via
competitively procured grants or contracts (CFR 681.400(b).
F. Performance Measures
1. Negotiation and Approval of Performance Accountability Measures
a) The WDB and their staff shall obtain proposed performance
accountability measures from the State.
b) Service providers shall propose performance accountability measures
to the WDB for consideration.
c) The WDB shall determine the acceptable performance accountability
measures for the Local Workforce Area with the Core Partners and
service providers.
d) The performance accountability measures must be approved by a
majority of the WDB. Once passed, the finalized performance
accountability measures shall be submitted to the State by the
required due date.
2. The WDB shall focus on required performance measures with outcomes and
impacts. The WDB shall review current performance measures and reports,
identify additional priority and subordinate performance measures to be
collected, and work with any organization or entity required to report
performance measures to determine reporting timeframes.
G. Local Board Policy
1. WDB shall create local board policies to provide strategic workforce direction
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and guidance in the Local Workforce Area in alignment with BOS priorities.
2. WDB, in coordination with Core Partners and service providers, shall review
proposed policies, develop new major policies, and approve major policies
that affect the priorities for service, service target levels and limitations,
allocation of resources.
3. WDB shall create policies that are aligned with serving the WIOA priority
populations and those with barriers to employment.
4. Policies must be approved by a majority of WDB members.
5. WDB staff shall keep written record of all approved WDB policies and ensure
distribution to all Parties affected.
6. WDB shall provide approved policies to the BOS in the quarterly report.
I. Core Partner Agreement
1. WDB and their staff shall develop the Core Partner Agreement for the Local
Workforce Area.
2. The Core Partner Agreement shall be consistent with WIOA, regulations,
State and County policies.
3. The Assistant County Manager shall provide Core Partner Agreement
feedback to the WDB Executive Director.
4. The Core Partner Agreement shall be reviewed by the Maricopa County
Attorney’s Office.
5. The Core Partner Agreement must be approved by a majority of the WDB.
6. Once approved, the request shall be forwarded to the BOS for approval. The
Core Partner Agreement is effective only when approved by the BOS and the
other Core Partners.
7. For all amendments to the fully executed Core Partner Agreement, the WDB
shall follow the prescribed process in such Agreement.
J. Memorandum of Understanding and Infrastructure Funding for the One Stop
Delivery System
1. The WDB, its staff and/or other allowable designated entity, shall develop the
Memorandum of Understanding for the One Stop Delivery System (MOU) and
its accompanying Infrastructure Funding Agreement (IFA) not less than every
three years in partnership with the BOS and other One Stop delivery partners.
2. The MOU and IFA are created through a discussion, negotiation, and
agreement.
a. The MOU shall include the items listed in 678.500 (b) 1-6, including
description of services through the one-stop delivery system,
agreement of costs, referral methods, and access to services for adults,
youth, those with barriers to employments, and individuals with
disabilities.
b. The IFA shall include such costs in accordance with 678.700.
i. The IFA shall be reviewed and reconciled at least once annually
with the information financial information provided by the Fiscal
Agent and/or One Stop partners.
c. The MOU and IFA draft shall be shared with the BOS Liaison for review
and comment.
d. The MOU shall provide a process by which periodic amendments and
adjustments may be made.
3. WDB shall vote and approve the MOU and IFA, and its amendments, prior to
the final submittal to the One Stop Partners for signature.
4. The BOS shall review and approve the final MOU and IFA, and its
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amendments.
K. Communication of Parties
1. The WDB and its staff shall prepare quarterly progress reports, which shall
include, but are not limited to summaries of progress on goals, actions on each
of the required roles, policies approved by the WDB and anticipated activities
of WDB for the next quarter.
a) The WDB Executive Director shall submit the quarterly reports for
BOS review 45 days following the end of a quarter.
2. The WDB and its staff shall prepare and submit an annual report to the BOS
for review and approval on or before October 1 of each calendar year.
3. At least annually, the WDB Chair, WDB Executive Director, and the Assistant
County Manager, shall provide briefings to the BOS regarding performance
accountability measures, program oversight, WDB policy, strategic direction,
and other areas, as deemed necessary.
4. The WDB Chair and the Assistant County Manager shall work together to
identify new potential applicants to the WDB with skillsets that compliment
current Board members.
L. Amendments to the LWDB Bylaws
1. Amendments to the WDB Bylaws may be necessary from time to time. Any proposed
changes to the Bylaws must:
i. Be submitted to the Maricopa County Attorney for legal review;
ii. Approved by the WDB;
iii. Receive final approval by the BOS.
2. Each time the Bylaws are amended, a copy of the updated Bylaws will be distributed
to all WDB members, the BOS, County Attorney, and will be posted on the
ARIZONA@WORK MARICOPA COUNTY website.
IX. WIOA Fiscal Agent
A. The WIOA Fiscal Agent shall perform accounting and funds management for
WIOA funding received.
B. The Fiscal Agent shall exchange information with the WDB and BOS, as
necessary.
C. The Fiscal Agent shall notify the WDB quarterly, if funds are projected to be
reverted to the State at the end of the two year of performance.
D. The Fiscal Agent shall provide the following financial services:
1. Receive and disburse WIOA funds, which includes first-in, first-out
accounting methods;
2. Ensure sustained fiscal integrity and accountability for expenditure of funds
in accordance with Office of Management and Budget (OMB) circulars,
WIOA and corresponding federal regulations, and County and State
policies;
3. Comply with State and Federal requirements and timelines as defined by
DES;
4. Be subject to an annual audit by the Auditor of State as well as periodic
monitoring by DES;
5. Cooperate in any audit procedure, respond to financial audit findings, and
provide corrective action plans when necessary;
6. Maintain proper accounting records and adequate documentation;
7. Prepare financial reports;
8. Conduct financial monitoring of the fiscal activities of sub recipients,
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contractors, and service providers;
9. Provide technical assistance to sub recipients regarding fiscal issues;
10. Review, recommend, and monitor the WIOA budget and its funds, including
both administrative and programmatic funds;
11. Recommend the transfer of funds between Dislocated Worker and Adult
programs, and provide this to the WDB Chair for signature;
12. Track and monitor the WDB receipts and expenditures in a separate Unit
code;
13. Track and monitor WIOA Title I service provider receipts and expenditures
in a separate Unit Code;
a) Career Services and Youth Services shall be tracked separately by
Program Code.
14. Procure contacts or obtain written agreements on behalf of the WDB
a) Except for the One Stop Operator; and
15. Appoint personnel to carry out the duties outlined above who will not be
permitted to engage in policy or service delivery issues or Service Provider
activities.
E. The Fiscal Agent shall perform the following budgetary functions on behalf of the
WDB:
1. Under the guidance of the WDB, develop an annual budget by major
program service type (Adult, Dislocated Worker, Youth, Rapid Response,
and other types that may be identified by the WDB) that supports the
strategic direction of the WDB.
2. Present to the WDB when major program service type budgets increase,
decrease, or it is deemed appropriate to move budgeted monies between
major program service types.
3. Reconcile the IFA costs at least annually.
F. The fiscal agent is subject to the internal control measures and firewall
requirements described in Section XIII.
X. WIOA Career Services
A. Those providing career services shall provide services in accordance with WIOA.
1. The Career Service provider shall implement WDB policies and provide
quarterly reports to the WDB on program service delivery, performance
accountability, and continuous improvement.
2. Service providers shall propose the following for review, consideration, and
approval of the WDB:
a) Priority populations;
b) Service targets;
c) Budget utilization;
d) Performance measures.
3. The person(s) responsible to carry out the duties of service provider will
not be permitted to be appointed to complete the activities of the WIOA
Fiscal Agent.
4. Provider of Services shall follow OMB Uniform guidance, County, State
regulation, policy, law for procurement of required goods and services.
XI. WDB Staff
A. Title 20 CFR 679.400 describes the WDB’s authority to hire staff and the
appropriate roles for the WDB staff as outlined in WIOA Section 107(f).
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1. Full costs for staff must be included in WDB Board budget submitted to and
approved by the BOS.
2. Maricopa County shall be the employer of record for the WDB staff.
3. WDB staff shall be subject to the County’s policies, procedures, and
processes, including personnel policies and organizational oversight.
4. The WDB Board delegates personnel management responsibilities of the
WDB staff to the assigned assistant county manager, and the assigned
assistant county manager will consult with the WDB Chair on personnel
matters, as necessary. See attached Organizational Chart for reporting
relationship information.
5. WDB staff shall be subject to Maricopa County’s policies, procedures and
processes regarding personnel, including but not limited to the
confidentiality of personnel information.
6. WDB staff shall not provide core, intensive, and training services or
participate in the operation of the One-Stop centers, including the
management of personnel providing these services.
7. WDB staff are subject to the internal control measures and firewall
requirements described in Section XIII.
XII. Conflict resolution
A. Except as may otherwise be provided for by law, or otherwise specifically agreed
upon to by the parties, any dispute not involving the question of law that is not
resolved between the parties within a reasonable time shall be submitted to the
following Maricopa County’s dispute process:
1. Disputes must be filed with the Maricopa County Ombudsman.
2. The Ombudsman shall respond in writing to the dispute within fourteen
(14) days.
3. The parties may abide by the decision. If the conflict is not resolved, the
Party shall submit in writing to the Ombudsman and the other Party within
seven (7) days that a resolution has not been reached.
4. If either party determines it must pursue formal mediation related to this
agreement, either party may choose to contract with external mediation
services. Contracted services would be at the contracting party’s expense
and would require following the usual processes for procurement and
budget approval.
B. If the conflict is not resolved, it will be resolved as directed by the Governor’s
Office.
XIII. Internal Controls, Conflict of Interest, and Firewalls
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A. WDB members, County employees, service providers, training providers, One-
Stop Operator, and other workforce system stakeholders will report any official
conflict of interest to the Assistant County Manager.
B. In addition to the reporting requirements contained in County Policy HR2416
concerning “Avoidance of Conflicts of Interests” WDB staff shall also notify the
WDB Chair concerning any alleged conflict of interest.
C. WDB members, staff, or vendors may not be involved in official votes, the hiring of
staff, or the procurement of services in which they have a personal financial
interest.
D. Physical and electronic access will be limited to only the functions and
responsibilities assigned to a specific WIOA role.
E. Only staff performing Fiscal Agent duties may have access to the County’s
financial system(s) of record with regard to the funds overseen by the WDB.
F. Service provider, Fiscal Agent, and WDB Staff shall not:
1. Have involvement in one another’s hiring, promotional, termination,
discipline, or performance management matters;
2. Have involvement in one another’s vendor selections, unless pre-approved
by the WDB and BOS Liaison.
3. Share information that is not considered a public record or seek approval
from the WDB and BOS Liaison prior to sharing non-public records; or
4. Have input into one another’s standard operating procedures or internal
policies.
G. No entity or person involved with the issuance of a solicitation may compete or
submit a proposal under the procurement action. This prohibition includes but is
not limited to development of requirements, drafting the solicitation document,
evaluating proposals/bids, or selection of vendors.
H. No division and/or unit within the County may simultaneously provide services and
oversee or monitor the provision of those services.
I. All entities involved in WDB activities and functions, including but not limited to
County employees, contracted vendors, and WDB members, are subject to
performance and financial audits performed by the Maricopa County Internal Audit
Department, an independent agency reporting directly to the Board of Supervisors.
Entities shall comply fully with all audit requests and participate in the resolution of
audit findings.
J. The assistant county manager, as the executive manager over multiple roles, is
expected to be aware of the potential competing interests of the WDB, One-Stop
Operator, providers, fiscal agent, and other stakeholders.
1. The assistant county manager shall refrain from intervening in the
performance of duties assigned to the WDB staff by the WDB, if said duties
are legally allowed, supported by the approved budget, and not prohibited
by County policy;
2. The assistant county manager shall:
a) Encourage the open exchange of information and data between all
entities, as allowed by law and County policy, in order to inform
decisions of the WDB and BOS;
b) Be mindful of the internal controls and firewalls outlined in this
Section and make every effort to ensure they are not breached.
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XIV. Sunshine Provision
A. The WDB shall make available to the public, on a regular basis through electronic
means and open meetings, information regarding the activities of the WDB, including
information regarding the local plan prior to the submission of the plan, and regarding
membership, the designation and certification of one-stop operators, and the award
of grants or contracts to eligible providers of youth workforce investment activities,
and, on request, minutes of formal meetings of the WDB.
XV. Agreement and Bylaws
A. To the extent there is a conflict between this Agreement and the Bylaws of the
WDB, this Agreement controls.
XVI. Notices
A. Notifications and communications concerning this Agreement shall be directed to
the following:
Maricopa County Assistant County Manager
301 W. Jefferson 9th Floor
Phoenix AZ 85003
Maricopa County Workforce Development Board Executive Director
Executive Director
700 W. Jefferson St.
Phoenix AZ 85007
Maricopa County Clerk of the Board of Supervisors:
301 W. Jefferson 10th Floor
Phoenix AZ 85003
XVII. Conflict Waiver
The Parties to this Agreement acknowledge that they are aware that the Civil Services
Division of the Maricopa County Attorney’s Office (Civil Division) may be chosen as the
attorney for all the Parties. The Parties acknowledge that they are aware of a potential
conflict of interest, and waive any claim of conflict of interest, which may arise by virtue of
Civil Division’s representation of another Party to this Agreement.
(Remainder intentionally left blank: Signatures to follow)
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IN WITNESS THEREOF, the Parties have signed this Agreement:
Approved By: Approved By:
MARICOPA COUNTY MARICOPA COUNTY
WORKFORCE DEVELOPMENT BOARD
Authorized Signature Jack Sellers, Chairman, Board of
Supervisors
Date Date
Attested to:
Clerk, Board of Supervisors
Date
IN ACCORDANCE WITH A.R.S. § 11-952, THIS AGREEMENT HAS BEEN REVIEWED BY
THE UNDERSIGNED DEPUTY COUNTY ATTORNEY, AND, IN ACCORDANCE WITH
A.R.S. § 11-952, AND HAS DETERMINED THAT THIS AGREEMENT IS PROPER IN FORM
AND WITHIN THE POWER AND AUTHORITY GRANTED UNDER THE LAWS OF THE
STATE OF ARIZONA.
APPROVED AS TO FORM:
Deputy County Attorney Date
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