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HomeMy WebLinkAboutORANGE, COUNTY OF/ORANGE COUNTY DEVELOPMENT BOARD/ORANGE COUNTY SOCIAL SERVCES AGENCY DEPARTMENT (2)MEMORANDUM OF UNDERSTANDING BETWEEN ORANGE COUNTY DEVELOPMENT BOARD SANTA ANA WORKFORCE DEVELOPMENT BOARD AND COUNTY OF ORANGE SOCIAL SERVICES AGENCY 1. PREAMBLE Attachment A This Memorandum of Understanding ("MOU") is entered into by and between the County of Orange Social Services Agency, Orange County Development Board and Santa Ana Workforce Development Board. This MOU contains program content and purpose along with specific guidelines for the implementation and administration of the America's Job Center of California ("AJCC"). The County of Orange Social Services Agency, Orange County Development Board and Santa Ana Workforce Development Board may be referred to individually as "ADCC Partner" and collectively as AJCC Partners." The Workforce Innovation and Opportunity Act ("WIOA") requires that a MOU be developed and executed between the Local Board and local partners to establish an agreement concerning the operations of the ADCC delivery system. The AJCC is a collaboration of local, state, private, and public entities that provide comprehensive and innovative employment services and resources to meet the needs of the California workforce. The purpose of the MOU, is to establish a cooperative working relationship between local partners and to define their respective roles and responsibilities in achieving the policy objectives. The MOU also serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services (collectively referred to as "customers"). California's one-stop delivery system, the ADCC, is a locally -driven system which develops partnerships and provides programs and services to achieve three main policy objectives established by California's Unified Strategic Workforce Development Plan, which includes the following: • Fostering demand -driven skills attainment • Enabling upward mobility for all Californians • Aligning, coordinating, and integrating programs and services These objectives will be accomplished by ensuring access to high-quality AJCCs that provide the full range of services available in the community for all customers seeking the following: • Looking to find a job • Building basic educational or occupational skills • Earning a postsecondary certificate or degree Page 1 of 12 A-2016-138 Attachment A • Obtaining guidance on how to make career choices • Seeking to identify and hire skilled workers II. PURPOSE WIOA promotes the integration of core programs into the workforce development system. Core programs include: Adult, Dislocated Worker and Youth formula programs; Adult Education and Literacy Programs; Wagner-Peyser Act employment services program; and Vocational Rehabilitation Act Services. All local partners will share in the overarching mission to work together to continually improve the workforce system by being responsive to the needs of all of the customers served. III. REGIONAL VISION STATEMENT In order to achieve sustainable economicgrowth, meetthe demands of global competition in the changing economy, and improve the quality of life for Californians, the State shall have a collaborative, inclusive and flexible workforce development system that fully engages the public and private sectors, integrates education and workforce preparation, and offers Californians lifelong opportunities to maximize their employment potential. This MOU structure provides the most efficient way to achieve uniform service delivery systems, improved customer service and innovation in the region. The MOU is designed to promote system to system agreement / partnership. IV. ONE-STOP SYSTEM SERVICES Innovative programs and strategies must be designed to meet the needs of customers. Services include 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, young adults, veterans, older adults and other special populations. Services provided by Social Services Agency are attached as Exhibit 1. V. RESPONSIBILITY OF AJCC PARTNERS All ADCC Partners shall commit to the following goals to share responsibility for planning, implementing and operating the (1) Orange County One -Stop Centers and (2) Santa Ana W/O/R/K Center: 1, The AJCC Partners agree to participate in joint planning, plan development, and modification of activities to accomplish the following: • Continuous partnership building • Continuous planning in response to state and federal requirements • Responsiveness to local and economic conditions, including employer needs • Adherence to common data collection and reporting needs • 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 2. Make applicable services available to customers through the one-stop delivery system. Page 2 of 12 Attachment A. 3. Participate in the operation of the one-stop system, consistent with the terms of the MOU and applicable laws. 4. Participate in staff development activities in order to ensure that all partners and staff are adequately cross -trained. VI. FUNDING OF SERVICES AND OPERATING COSTS All AJCC Partners who are co -located in one or more comprehensive centers or affiliates agree to share in the operating costs of their respective ADCC, either in cash or through in-kind services. The cost of services, operating cost, and infrastructure costs of the One -Stop System will be funded by all AJCC partners through a separately negotiated Cost Sharing Agreement based on an agreed upon formula or plan. These agreements may be subject to governing body approval. AJCC partners will ensure that the shared costs are supported by accurate data, the shared costs are consistently applied over time, and the methodology used in determining the shared costs are reflected in a separate Cost Sharing Agreement developed specifically to support the local region as well as each workforce board. The Cost Sharing Agreements, if approved by the governing body as necessary, will be incorporated as an amendment to this MOU and specific to each Workforce Development Board ("WDB") and its One -Stop Centers / Affiliate Centers, These Amendments (to be referenced as Phase II) will be negotiated and implemented no later than December 31, 2017, VII. METHODS OF REFERRING CUSTOMERS All ADCC partners shall make a commitment to mutually implement processes for the referral of customers to services not provided on-site. The referral process should do the following: • Ensure that intake and referral processes are customer -centered and provided by staff trained in customer service. • Ensure that general information regarding AJCC programs, services, activities and resources shall be made available to all customers as appropriate. • Describe how customer referrals are made electronically, through traditional correspondence, verbally or through other means determined in cooperation with partners and operators. • Describe how each ADCC partner will provide a direct link or access to other ADCC partner staff that can provide meaningful information or service, through the use of co -location, cross training of AJCC staff, or real-time technology (two way communication and interaction with AJCC partners that results in services needed by the customer). Page 3 of 12 Attachment A VIII. ACCESS FOR INDIVIDUALS WITH HARRIERS TO EMPLOYMENT Each AJCC partner shall make a commitment to ensure access for individuals with barriers to employment is provided throughout the One -Stop System. This includes a commitment to offer priority for services to 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. The AJCC will ensure access for all individuals that qualify as an "individual with a barrier to employment." The term defined under WIOA means, an individual, of one or more of the following populations: • Displaced homemakers • Low-income individuals • Individuals on TANF/CalWorks • American Indians, Alaska Natives, and Native Hawaiians, defined in section 166 in WIOA Law • Individuals with disabilities, including youth • Older individuals • Ex -offenders • Homeless individuals or homeless children and youth • Youth who are in or have aged out of foster care • Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers • Eligible migrant and seasonal farm workers • Individuals within 2 years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act • Single parents, including pregnant women • Long-term unemployed individuals • Such other groups as the Governor involved determines to have barriers to employment IX. SHARED TECHNOLOGY AND SYSTEM SECURITY WIOA emphasizes technology as a critical tool for making all aspects of information exchange possible, including client tracking, common case management, reporting, and data collection. To support the use of these tools, each AJCC partner agrees to the following: • Comply with the applicable provisions of WIOA, Welfare and Institutions Code, California Education Code, Rehabilitation Act, and any other appropriate statutes or requirements. • The principles of common reporting and shared information through electronic mechanisms, including shared technology. Page 4 of 12 Attaclunenl A • Commit to share information to the greatest extent allowable under their governing legislation and confidentiality requirements. • Develop technological enhancements that allow interfaces of common information needs, as appropriate. • Understand that system security provisions shall be agreed upon by all AJCC Partners. X. CONFIDENTIALITY Each AJCC Partner agrees to comply with the provisions of WIOA as well as the applicable sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation Act, and any other appropriate statute or requirement to assure the following: • All applications and individual records related to services provided under this MOU, including eligibility for services and enrollment and referral, shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery of such services. • No person will publish, disclose, use, or permit, cause to be published, disclosed or used, any confidential information pertaining to ADCC customers overall unless a specific release is voluntarily signed by the customer. • The AJCC Partner agrees to abide by the current confidentiality provisions of the respective statutes to which AJCC operators and other AJCC Partners must adhere, and shall share information necessary for the administration of the program as allowed under law and regulation. The AJCC Partner, therefore, agrees to share client information necessary for the provision of services such as assessment, universal intake, program or training referral, job development or placement activities, and other services as needed for employment or program support purposes. • Client information shall be shared solely for the purpose of enrollment, referral or provision of services. In carrying out their respective responsibilities, each party shall respect and abide by the confidentiality policies of the other parties. • Each AJCC Partner agrees to maintain the confidentiality of its records pursuant to WIC Sections 827 and 10850-10853, the CDSS MPP, Division 19-000, and all other provisions of law, and regulations promulgated thereunder relating to privacy and confidentiality, as each may now exist or be hereafter amended. • All records and information concerning any and all persons served pursuant to this MOU shall be considered and kept confidential by each AJCC Partner's staff, agents, employees, and volunteers. Each AJCC Partner shall require all of its employees, agents, subcontractors and volunteer staff who may provide services under this MOU to sign an agreement with the respective AJCC Partner before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all customers, except as may be required to provide services under this MOU. Page 5 of 12 Aunchmeiu A • Each AJCC Partner shall inform all of its employees, agents, subcontractors, volunteers and partners of this provision and that any person viol atingthe provisions of said State law may be guilty of a crime. • Each ADCC Partner agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this MOU. XI. NON-DISCRIMINATION AND EQUAL OPPORTUNITY The AJCC Partner shall not unlawfully discriminate, harass or allow harassment against any employee, applicant for employment or AJCC applicant due to gender, race, color, ancestry, religion, national origin, veteran status, physical disability, mental disability, medical condition(s), age, sexual orientation or marital status. The AJCC Partner agrees to comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990) and related, applicable regulations. The AJCC Partner will assure compliance with the Americans with Disabilities Act of 1990 and its amendments, which prohibits discrimination on the basis of disability, as well as other applicable regulations and guidelines issued pursuant to the Americans with Disabilities Act, A, In the performance of this MOU, each AJCC Partner agrees that it shall not engage nor employ any unlawful discriminatory practices in the admission of clients, provision of services or benefits, assignment of accommodations, treatment, evaluation, employment of personnel or in any other respect on the basis of sex, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, gender identity or expression, physical or mental disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. 3, Each AJCC Partner develop an Affirmative Action Program Plan which meets the lawful and applicable requirements of the U.S. Department of Health and Human Services. C. Each AJCC Partner shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (Title 41 CFR Part 60). D. Non -Discrimination in Employment: 1. All solicitations or advertisements for employees placed by or on behalf of Each AJCC Partner shall state that all qualified applicants will receive consideration for employment without regard to gender, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, physical or mental Page 6 of 12 Attachment A disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. Notices describing the provisions of the equal opportunity clause shall be posted in a conspicuous place for employees and job applicants, 2. Each AJCC Partner shall refer any and all employees desirous of filing a formal discrimination complaint to: California Department of Social Services Public Inquiry and Response Bureau P.O. Box 944243, M.S. 8-3-23 Sacramento, CA 94244-2430 Telephone: (800) 952-5253 (800) 952-8349 (For the hard of hearing) E. Non -Discrimination in Service Delivery: 1. Each AJCC Partner shall comply with Title IX of the Education Amendments of 1972; Titles VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular 7 CFR section 272.6; Title II of the Americans with Disabilities Act of 1990, as amended; California Civil Code Section 51 et seq., as amended; California Government Code (CGC) Sections 11135- 11139.5, as amended; CGC Section 12940 (c), (h), (i), and (j); CGC Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000-98413; the Dymally-Alatorre Bilingual Services Act (CGC Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal and State laws, as well as their implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 CFR Part 15; 29 CFR Part 37; and Title 28 CFR Part 42), and any other law pertaining to Equal Employment Opportunity, Affirmative Action and Nondiscrimination as each may now exist or be hereafter amended. Each AJCC Partner shall not implement any administrative methods or procedures which would have a discriminatory effect or which would violate the California Department of Social Services (COSS), Manual of Policies and Procedures (MPP) Division 21, Chapter 21-100. If there are any violations of this Paragraph, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with WIC Section 10605, or CGC Sections 11135-11139.5, or any other laws, or the issue may be referred to the appropriate Federal agency for further compliance action and enforcement of Subparagraph XI et seq. 2. Each ADCC Partner shall provide any and all clients desirous of filing a formal complaint any and all information as appropriate: Page 7 of 12 Atteahment A a. Pamphlet: "Your Rights Under California Welfare Programs" (PUB 13) b. Discrimination Complaint Form c. Civil Rights Contacts: County Civil Rights Contact: Orange County Social Services Agency Program Integrity Attn: Civil Rights Coordinator P.O. Box 22001 Santa Ana, CA 92702-2001 Telephone: (714) 438-8877 State Civil Rights Contact: California Department of Social Services Civil Rights Bureau P.O. Box 944243, M.S. 15-70 Sacramento, CA 94244-2430 Federal Civil Rights Contact: U.S. Department of Health and Human Services Office of Civil Rights 50 UX Plaza, Room 322 San Francisco, CA 94102 XII. GRIEVANCES AND COMPLAINTS PROCEDURE The AJCC Partner agrees to establish and maintain a procedure for grievance and complaints. The process for handling grievances and complaints is applicable to customers and AJCC Partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete resolution of their grievance. The ADCC Partner further agree to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. XIII. EFFECTIVE DATES AND TERM OF THIS MOU The term of this MOU shall commence on June 28, 2016, and terminate on June 27, 2019, unless earlier terminated pursuant to the provisions of Section XV of this MOU. However, the AJCC Partners shall be obligated to perform such duties as would normally extend beyond this terms, including but not limited to, obligations with respect to indemnification, audits, reporting, and accounting. Page 8 of 12 Attachnwnl A XIV. MODIFICATIONS AND REVISIONS This MOU and all attachments and exhibits shall constitute the entire agreement between the signatories and no oral understanding not incorporated herein shall be binding on any of the signatories hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the signatories, by the issuance of a written amendment, signed and dated by the signatories. XV. TERMINATION The AJCC Partners understand that implementation of the AJCC system is dependent on the good faith effort of every ADCC Partner to work together to improve services to the community, The AJCC Partners also agree that this is a project where different ways of working together and providing services are being tested. In the event that it becomes necessary for one or more AJCC Partners to cease being a part of this this MOU, said AJCC Partner shall notify the other AJCC Partners, in writing, 30 days in advance of that intention. XVI. ADMINISTRATIVE AND OPERATIONS MANAGEMENT I. Supervision/Day to Day Operations The day-to-day supervision of staff assigned to the AJCCs will be the responsibility of the site supervisor(s), The original employer of staff assigned to the AJCCs will continue to set the priorities of its staff. Any change in work assignments or any problems at the worksite will be handled by the site supervisor(s) and the management of the original employer. The office hours for the staff at the AJCCs will be established by the site supervisor(s) and the primary employer. All staff will comply with the holiday schedule of their primary employer and will provide a copy of their holiday schedule to the operator and host agency at the beginning of each fiscal year. Disciplinary actions may result in removal of co -located staff from the AJCCs and each party will take appropriate action. Each AJCC Partner shall be solely liable and responsible for providing to, or on behalf of, its employee(s), all legally -required employee benefits. In addition, each party shall be solely responsive for payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters. Page 9 of 12 Attaclunent A H. Press Releases and Communications All AJCC Partners shall be included when communicating with the press, television, radio or any other form of media regarding its duties or performance under this MOU. Participation of each AJCC partner in press/media presentations will be determined by each partner's public relations policies. Unless otherwise directed by the other AJCC partners, in all communications, each AJCC Partner shall make specific reference to all other AJCC Partners. The AJCC Partners agree to utilize the AJCC logo developed by the State of California and the Local Board on buildings identified for AJCC usage. This also includes letterhead, envelopes, business cards, any written correspondence and fax transmittals. iii. Hold Harmless/Indemnification/Liability The Santa Ana Workforce Development Board agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold U.S. Department of Health and Human Services, the State, COUNTY, and their elected and appointed officials, officers, employees, agents and those special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Santa Ana Workforce Development Board pursuant to this Agreement. If judgment is entered against Santa Ana Workforce Development Board and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, Santa Ana Workforce Development Board and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. The County agrees to indemnify, defend, and hold the Santa Ana Workforce Development Board, their officers, employees, and agents ("SANTA ANA INDEMNITIEES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by the County pursuant to this Agreement. IV. The parties agree that separate copies of this Agreement may be signed by each of the parties, and this Agreement will have the same force and effect as if the original had been signed by all the parties. Page 10 of 12 Attachment A. 1 -Orange County IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. *Orange County Social Services Agency 91 Name: Michael Rvan (Print) Title: Director Dated: COUNTY OF ORANGE A Political Subdivision of the State of California 0 Lisa A. Bartlett, Chair Orange County Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD *Orange County Development Board L -OA Name: Bob Bunyan (Print) Title: Chair Dated: Dated: By: Dated: Robin Stieler Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM DEPUTY COUNTY COUNSEL By: Dated: DEPUTY COUNTY COUNSEL Page 11 of 12 Attachment A2 -Santa Ana IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written, There are no oral understandings of the Parties or terms and conditions other than as are stated herein, *Orange County Social Services No Name: Michael Ryan (Print) Title: Director Dated: K.;k umn 1 ro 0 (Print) Title: or . d Dated: APPROVED AS TO FORM Recommended For Approval: Robert C. Cortez Special Assistant to the City Manager City Manager's Office *Santa Ana Workforce Development Board MARIA D. HL IZAR ' GLERK OF THE G IiNGIL / / By:�_.,,- Dated: ! Santa Ana City Attorney APPROVED AS TO FORM DEPUTY COUNTY COUNSEL Aa DEPUTY COUNTY COUNSEL [ORM- 1 Page 12 of 12 Name: Lee McMurtrav (Print) Title: Chair Dated: 1-o `2ca-c/ MARIA D. HL IZAR ' GLERK OF THE G IiNGIL / / By:�_.,,- Dated: ! Santa Ana City Attorney APPROVED AS TO FORM DEPUTY COUNTY COUNSEL Aa DEPUTY COUNTY COUNSEL [ORM- 1 Page 12 of 12 § «\} 2 } \ ;;(\±\ \}\0 \/ a�reEmn. / )2 \ ) \ ® »( K ) \ 10 \ /332/ja}\/§\)