HomeMy WebLinkAboutItem 61 - MOU with Required WIOA Partners Community Development Agency
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Item # 61
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Memorandum of Understanding with Required WIOA Partners
AGENDA TITLE:
Renew Memorandum of Understanding with required WIOA Partners
RECOMMENDED ACTION
1. Authorize the City Manager to execute the Memorandum of Understanding with the
Santa Ana WORK Center, Santa Ana College, Employment Development
Department, Department of Rehabilitation, SER Jobs for Progress, United American
Indian Involvement, Inc., Long Beach Job Corps, and Community Action Partnership
of Orange County, which outlines the sharing of resources and expenses associated
with the operations of a comprehensive one stop center for a one-year term expiring
June 30, 2023, subject to non-substantive changes approved by the City Manager
and City Attorney.
2. Approve the first amendment to Memorandum of Understanding for Santa Ana
Workforce Development Board and the County of Orange Social Services Agency for
a one-year term expiring June 30, 2023 and authorize the Board Chair or Vice-Chair
to sign.
3. Authorize the City Manager to execute non-substantive amendments such as
adjustment of shared operational expenses during the term of the Memorandum of
Understanding.
HOUSING AUTHORITY ACTION
1. Authorize the Executive Director and Recording Secretary to execute a
Memorandum of Understanding with the Santa Ana Workforce Development
Board which outlines the sharing of resources and expenses associated with the
operations of a comprehensive one stop center for a one-year term expiring June
30, 2023 and payment to the City of Santa Ana in an estimated amount of $8,054
subject to non-substantive changes approved by the Executive Director and
Authority General Counsel.
Memorandum of Understanding with Required WIOA Partners
June 21, 2022
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2. Authorize the Executive Director and Recording Secretary to execute non-
substantive amendments such as adjustment of shared operational expenses
during the term of the Memorandum of Understanding.
DISCUSSION
At the May 25, 2022 special meeting of the Workforce Development Board by a vote of
13:0 (Gail Araujo, David Elliott and Robert Ruiz absent), the Board recommended the
above action for City Council approval.
In order to establish a high quality America’s Job Centers of California (AJCC) delivery
system and enhance collaboration among partner programs, Workforce Innovation and
Opportunity Act (WIOA) requires Local Workforce Boards to develop Memorandum of
Understanding (MOU’s) with a list of AJCC required partners within the Local Workforce
Area. These MOU’s will serve as a functional tool as well as a plan for how the Local
Board and AJCC partners will work together to create a unified service delivery system
that best meets the needs of their shared customers. WIOA does not require all partners
to be physically co-located at the AJCC, but those that do co-locate are required to share
in the operational costs. Currently, the City, Employment Development Department,
Department of Rehabilitation, SER Jobs for Progress, County of Orange Social Services
Agency, and Santa Ana Housing Authority are co-located at the Santa Ana WORK Center
and share the operational costs that are calculated based on square footage of
occupancy by each agency and is outlined in Attachment 3 of the MOU agreement.
The current partner MOUs will expire at the end of this fiscal year. Typically, the term
would be for three years, but because the master AJCC office lease expires next year,
the City Attorney’s Office advised a one-year term. When the new lease details are
finalized, the MOU exhibits will be updated to reflect the shared costs of the one-stop
system and then return to the City Council for approval (Exhibit 1 and 2).
The programs and services the WDB is required to have an MOU with are as follows:
Program Organization
WIOA Title I – Adult, Dislocated Worker
and Youth City of Santa Ana WORK Center
WIOA Title II – Adult Education and
Literacy
Santa Ana College/Rancho Santiago
Community College District
WIOA Wagner-Peyser, Veterans, Trade
Adjustment Assistance Act
California Employment Development
Department
WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation
Carl Perkins Career Technical Education Santa Ana College/Rancho Santiago
Community College District
Memorandum of Understanding with Required WIOA Partners
June 21, 2022
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Title V Older Americans Act SER – Jobs for Progress
Job Corps Long Beach Job Corps
Native American Programs – Section 166 United American Indian Involvement, Inc.
Community Services Block Grant Community Action Partnership of OC
Housing and Urban Development City of Santa Ana Housing Authority
Unemployment Compensation (UI)California Employment Development
Department
Temporary Assistance for Needy
Families/CalWORKS Orange County Social Services Agency
FISCAL IMPACT
The City Council approved the master lease agreement for the office space at 801 W.
Civic Center Drive on October 3, 2017. The WORK Center share of the AJCC monthly
operation costs are budgeted and available in the PY 2021-22 WIOA and Orange County
Grant account (nos. 123xxx-various and 12418xxx-various). Funds for the WORK
Center’s share of the operation costs FY 2022-23 will be available upon City Council’s
adoption of the annual budget
Funds in the amount of $8,054 for the Housing Authority’s share of the monthly
operational cost for expenditure in PY 2022-23 are available in the following Housing
Authority Voucher Admin accounts and will be available upon City Council’s adoption of
the annual budget.
Account No.Account Description Amount
14018760-62010 Communications $ 539
14018760-62300 Contract Services 1,028
14018760-62500 Rent Payments 6,487
TOTAL $8,054
The table below reflects the estimated amounts to be received from the State of California
Employment Development Department, County of Orange Social Services Agency, SER
Jobs for Progress, Inc., State of California Department of Rehabilitation, and the Santa
Ana Housing Authority for the duration of the MOU. The partner organizations will be
invoiced for their share of the AJCC monthly operations and the funds will be deposited
upon receipt into the following accounts:
Account No.Account Description PY 2022-23 Total
02501001-25000 Balance Sheet: Deferred Revenues-
Advances $ 6,172 $ 6,172
02518002-5700 CDA Special Revenue: Expense
Reimbursement 1,870 1,870
Memorandum of Understanding with Required WIOA Partners
June 21, 2022
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12318002-57960 WIOA Revenues: Rental of Property 341,808 341,808
12318002-57000 WIOA Revenues: Expenses
Reimbursement 368 368
12318748-61000 WDB Admin: Salaries Regular 4,356 4,356
12318751-various One Stop Program: Various 41,212 41,212
TOTAL $395,786 $395,786
EXHIBIT(S)
1. Memorandum of Understanding – Master Boilerplate
2. Memorandum of Understanding – County of Orange Social Services Agency
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
Contractor/Bidder Firm Name (Printed) Federal ID Number
Date Executed Executed in the County of
Contractor Certification Clauses CCC 04/2017
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am
duly authorized to legally bind the prospective Contractor to the clause(s) listed
below. This certification is made under the laws of the State of California.
By (Authorized Signature)
Printed Name and Title of Person Signing
CONTRACTOR CERTIFICATION CLAUSES
1.STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2,
Section 11102) (Not applicable to public entities.)
2.DRUG-FREE WORKPLACE REQUIREMENTS: Contractor will comply with the
requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
Approved as to form:
Ryan O. Hodge, Assistant City Attorney
EXHIBIT 1
City of Santa Ana 95-6000785
Kristine Ridge
June 9, 2022 Orange
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Contractor may be ineligible
for award of any future State agreements if the department determines that any of the
following has occurred: the Contractor has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that
no more than one (1) final unappealable finding of contempt of court by a Federal court
has been issued against Contractor within the immediately preceding two-year period
because of Contractor's failure to comply with an order of a Federal court, which orders
Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract
Code §10296) (Not applicable to public entities.)
4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO
REQUIREMENT: Contractor hereby certifies that Contractor will comply with the
requirements of Section 6072 of the Business and Professions Code, effective January 1,
2003.
Contractor agrees to make a good faith effort to provide a minimum number of hours of
pro bono legal services during each year of the contract equal to the lessor of 30
multiplied by the number of full time attorneys in the firm’s offices in the State, with the
number of hours prorated on an actual day basis for any contract period of less than a full
year or 10% of its contract with the State.
Failure to make a good faith effort may be cause for non-renewal of a state contract for
legal services, and may be taken into account when determining the award of future
contracts with the State for legal services.
5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an
expatriate corporation or subsidiary of an expatriate corporation within the meaning of
Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the
State of California.
6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or
corresponding accessories, or the procurement of equipment, materials, or supplies,
other than procurement related to a public works contract, declare under penalty of
perjury that no apparel, garments or corresponding accessories, equipment, materials, or
supplies furnished to the state pursuant to the contract have been laundered or produced
in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor,
or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under
penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.
The contractor further declares under penalty of perjury that they adhere to the Sweatfree
Code of Conduct as set forth on the California Department of Industrial Relations website
located at www.dir.ca.gov, and Public Contract Code Section 6108.
b. The contractor agrees to cooperate fully in providing reasonable access to the
contractor’s records, documents, agents or employees, or premises if reasonably
EXHIBIT 1
required by authorized officials of the contracting agency, the Department of Industrial
Relations, or the Department of Justice to determine the contractor’s compliance with the
requirements under paragraph (a).
7. DOMESTIC PARTNERS: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.3.
8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that
Contractor is in compliance with Public Contract Code section 10295.35.
DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.
1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions
regarding current or former state employees. If Contractor has any questions on the
status of any person rendering services or involved with the Agreement, the awarding
agency must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment.
2). No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
2). For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the 12-month period prior to his or her leaving state
service.
If Contractor violates any provisions of above paragraphs, such action by Contractor shall
render this Agreement void. (Pub. Contract Code §10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))
2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions, and
EXHIBIT 1
Contractor affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700)
3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant
to the ADA. (42 U.S.C. 12101 et seq.)
4. CONTRACTOR NAME CHANGE: An amendment is required to change the
Contractor's name as listed on this Agreement. Upon receipt of legal documentation of
the name change the State will process the amendment. Payment of invoices presented
with a new name cannot be paid prior to approval of said amendment.
5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting
agencies will be verifying that the contractor is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate contractor performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. Agencies will
determine whether a corporation is in good standing by calling the Office of the Secretary
of State.
6. RESOLUTION: A county, city, district, or other local public body must provide the State
with a copy of a resolution, order, motion, or ordinance of the local governing body which
by law has authority to enter into an agreement, authorizing execution of the agreement.
7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall
not be: (1) in violation of any order or resolution not subject to review promulgated by the
State Air Resources Board or an air pollution control district; (2) subject to cease and
desist order not subject to review issued pursuant to Section 13301 of the Water Code for
violation of waste discharge requirements or discharge prohibitions; or (3) finally
determined to be in violation of provisions of federal law relating to air or water pollution.
8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
contractors that are not another state agency or other governmental entity.
EXHIBIT 1
1
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
FOR SANTA ANA WORKFORCE DEVELOPMENT BOARD AND
THE COUNTY OF ORANGE SOCIAL SERVICES AGENCY
THIS FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING is entered
into this day of , 2022, by and between the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
California (“City”), the Santa Ana Workforce Development Board (“SAWDB”), and County of
Orange Social Services Agency, an America’s Job Center of California (“AJCC”) partner
(“Partner”).
RECITALS:
A.On May 16, 2019, the City, the SAWDB, and Partner entered into a Memorandum
of Understanding pursuant to Workforce Innovation and Opportunity Act (“WIOA”)
section 121(c)(1), which requires that each Local Workforce Development Area
develop and enter into a Memorandum of Understanding with each AJCC partner in
order to define the respective roles and responsibilities of each partner concerning
the operation of the AJCC (“said MOU”).
B.In accordance with the terms and conditions of said MOU, the parties desire to
amend said MOU to extend the term of said MOU through the end of the current
AJCC ground lease with the property owner.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions of said MOU, except as herein modified, the parties agree as follows:
1.Section 4, shall be amended to read as follows:
“DURATION
This MOU became effective as of May 16, 2019, and shall terminate on June 30,
2023.
This MOU will remain in effect until the termination date, unless one of the
conditions in section 32 occurs.”
2.Except as hereinabove modified, the terms and conditions of said MOU remain unchanged
and in full force and effect.
EXHIBIT 2
2
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said MOU the
date and year first above written.
CITY OF SANTA ANA
Attest: City of Santa Ana:
Daisy Gomez, Clerk of the Council Kristine Ridge, City Manager
Dated: Dated:
Recommended for Approval: Approved as to Form:
Sonia R. Carvalho, City Attorney
___________________________________
Steven A. Mendoza, Executive Director Ryan O. Hodge, Assistant City Attorney
Community Development Agency
Dated: Dated:
SANTA ANA WORKFORCE DEVELOPMENT BOARD
____________________________________
Workforce Development Board, Chair
Dated;
April 6, 2022
EXHIBIT 2
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WHEREFORE, the parties hereto have executed this First Amendment in the County of Orange,
California.
COUNTY OF ORANGE
A Political Subdivision of the State of California
By: _______________________________
CHAIRMAN
OF THE BOARD OF SUPERVISORS
COUNTY OF ORANGE, CALIFORNIA
Dated: _______________________________
SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIR OF THE BOARD PER G.C. SEC. 25103, RESO 79-1535 ATTEST:
_______________________________
ROBIN STIELER
Clerk of the Board
County of Orange, California
APPROVED AS TO FORM COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
By: _______________________________
DEPUTY
Dated: _______________________________
EXHIBIT 2