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HomeMy WebLinkAboutA-2006-131 " A-2006-131 Memorandum of Understanding (MOU) Pursuant to the Workforce Investment Act of 1998 (WIA) 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB) , and several agencies (having signed Attachment "A", "One-Stop Partner Commitment" and, if physically located at the One-Stop location, Attachment "B", "Resource Sharing Agreement") functioning as "One-Stop Partners" within the Santa Ana Olle-Stop System (hereinafter referred to as the Santa Ana WO~ Center). 2. PURPOSE: The Santa Ana WORK Center, through its central location at the Santa Ana Train Station, 1000 E. Santa Ana Blvd., and its satellite facilities, shall provide and/or coordinate workforce investment services to individuals, providing them with the necessary skills to participate in building a world-class workforce in Santa Ana. Services and referrals provided at the Santa Ana WORK Center may include, but are not limited to, the following: . Eligibility determination . Outreach, intake and orientation to services available . Initial assessment of skills, aptitudes, abilities and supportive services . Job search and placement assistance, career cOlll1seling . Provision of employment data and labor market information . Provision of performance information . Employment referral . Provision of support and follow-up services . Identification of skills required to be competitive in the local labor market . Filing for Unemployment Insurance claims . Access to CalJobs for Labor Exchange services . Help in establishing eligibility for Welfare-to-Work and financial aid . Occupational skills training . On-the-job training . Workplace learning with classroom training . Skills upgrading and retraining . Entrepreneurial training . Job readiness training . Adult education and literacy . Services for persons with disabilities . Serve mature workers by operating as a specialized recruitment arm for One-Stop Partners working collaboratively to connect mature workers to employers with labor shortages . Customized training for employment with specific employer . Employer services, including: job listing; job matching; candidate screening and testing; outplacement services; job analysis; and, information on available tax credits, business development planning and labor market trends. 1 3. DURATION: (a) This MOU shall become effective on July 1, 2006 and terminate on June 30, 2008 or earlier if terminated by the repeal of the Workforce Investment Act of 1998 (WIA). (b) This MOU is of no force or effect until signed by authorized representatives of the participating agencies, and approved by the Chief Local Elected Official. The MOD, once signed, becomes part of the local WIA Plan. (c) This MOD may be extended by written agreement between the LWIB and the One-Stop Partner provided such agreement is signed by both entities, prior to the termination date of this Agreement, and contains the following: (1) A statement of intent to continue all provisions of the MOD; (2) Revised effective and termination dates; (3) Revised Attachment A and/or B, as appropriate; (4) Dated signatures of the Administrator of the partner agency and the Chief Elected Official of the WlB. (d) Any party may withdraw from this MOD by giving written notice of intent to withdraw at least 30 calendar days in advance of the effective withdrawal date. If agreed to by all parties, the timeframes for notice may be reduced or extended. Notice of withdrawal shall be given to the WIB at the address listed in the signed attachments of this MOD, and to the contact person so listed, considering any information updates received by the parties pursuant to Section 1. Courtesy notification shall be made to all parties of this MOD in a timely manner. (e) Should any One-Stop Partner withdraw, this MOD shall remain in effect with respect to the other remaining One-Stop Partners. 4. MODIFICATION AND ASSIGNMENT: This MOD may be modified at any time by written agreement of the parties. Assignment of responsibilities under this MOD by any of the parties shall be effective upon written notice to the WIB. Any assignee shall also commit in writing to the terms of this MOD. 5. ONE-STOP SYSTEM DESCRIPTION: The one-stop system description in the local WIA plan, including modifications thereto, is incorporated into this MOD by reference. 6. CROSS REFERRALS: The One-Stop Partners will adopt common intake/cross referral arrangements, which include, by reference, those listed in the local WIA plan, including modifications thereto. The methods and/or resources utilized may include 2 some or all of the following: cross-training of staff, in-house staff, electronic case lI13llagement systems, co-enrollments, appointments, e-mail and phone call. 7. CONFIDENTIALITY: The WIB agrees that when any individual applies for or receives services from and the partner agency through the One-Stop Center, all information regarding such application for or receipt of services shall be confidential information subject to the provisions of 34 CFR 361.38. The parties agree to honor the confidentiality provisions as described in the local WIA plan, including lIlOdifications thereto, and incorporated into this MOU by reference. Exchanged information shall remain private and confidential in accordance with the lIlOst restrictive confidentiality requirements of any of the parties collecting, receiving or sharing information. 8. RESOURCE SHARING: The parties agree to share resources in accordance with the attached Resource Sharing Agreement. It is expressly understood that this MOU does not constitute a binding financial colIllIlitment, but rather an intent to colIllIlit specific resources in the future as the parties' allocations and budgets are known and the one-stop system evolves. The one-stop system is a work in progress and its costs and the partners' resource contributions will not remain static fromlIlOnth to Imnth or from year to year. The Resource Sharing Agreement is meant to be reviewed yearly and may be lIlOdified as needed by any partner as long as it is identified as a revision, and it is signed and dated by the agency Administrator. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Chair of the WIB, who shall place the dispute upon the agenda of its next regular or special meeting of the Board's Executive ColIllIlittee. The Executive ColIllIlittee shall attempt to mediate and resolve the dispute. Finally, if the Executive ColIllIlittee's resolution efforts tail, any party may file a grievance in accordance with the State of California's WIA grievance procedures. The parties agree to be bound by the final determination resulting from that procedure. All costs associated with the grievance procedure shall be born by the losing party. 10. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. 11. JURISDICTION: Jurisdiction over any disputes under this MOU shall reside in Orange County, California. 3 12. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indeIIll1ifY and hold hannless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims fIled or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees in the performance of this MOD. 13. SIGNAGE & COMMUNICATION OF PARTICIPATION: The Santa Ana WORK Center shall provide wall signage listing the names of current participating partners. Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. 14. ACCESSIBILITY ASSURANCES AND CERTIFICATIONS: The parties agree to abide by all applicable non-discrimination federal and state laws. The WlB and the One-Stop partners will ensure that policies and procedures established by the WlB and the One-Stop partners are in compliance with the Americans with Disabilities Act (ADA). The Santa Ana WORK Center will assure its services and premises are accessible to persons with disabilities under the requirements of the Americans with Disabilities Act. 15. INSURANCE: The One-Stop Partners agree that their '-<lITent in force insurance or self~insurance coverage programs shall apply to their operations performed under the Workforce Investment Act and at the WORK Center, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonest/crime coverages. 16. AUTHORITY AND SIGNATURES: The individuals signing this MOD and its attachments, which are incorporated by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 4 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. Date Miguel A. Pulido. Mayor Name and Title ATTEST. . - 20 Civic Center Plaza (M31)' Santa Ana. CA 92701 Address PA TRICIA E. HEAL Y CLERK OF THE COUNCIL FOR THE SANTA ANA WORKFORCE INVESTMENT BOARD rtPr /o-/s-o, Date Jon Dietz. WIB Chairman Name and Title 888 W. Santa Ana Blvd. #208. Santa Ana. CA 92701 Address O~I>~TOP PAR~R i I' ! , r ,'. '\ f !..c. 1 ,'If,' : "' SigIiattre " il Jane Russo. Interim Superintendent Name and Title Date 1601 E. Chestnut Ave.. Santa Ana. CA Address Approved as to Form: JOSEPH W. FLETCHER, City Attorney By:d : (, .L)--t~ Lisa E. Storck, Assistant City Attorney 5 Attachment "A" One-Stop Partner Commitment 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), the Santa Ana Unified School District and other agencies (identified in the "One-Stop Partner Commitment", Attachments "A" and "B", if physically located at the one-stop, to this MOU) functioning as "One-Stop Partners" within the Santa Ana One-Stop System (hereinafter referred to as the Santa Ana WORK Center). In addition to accepting the provisions contained in the MOU, the Santa Ana Unified School District commits to the following to be provided for students in the Santa Ana Unified School District and to parents and community members served by the Santa Ana WORK Center: ~ Initial assessment of skills, aptitudes, abilities and supportive services ~ Job Search and placement assistance ~ Provision of performance information (Certificate of Training Completion) ~ Employment referral ~ Occupational skills training ~ On-the-Job training through community classroom/internships ~ Workplace learning with classroom training ~ Skills upgrade and retraining ~ Job readiness training ~ Employment services, limited to job listings ~ Maintenance of all required documentation Full-time equivalents (FTEs) of Agency Staff Assigned to Santa Ana WORK Center: Nt A - no staff will be assigned to the WORK Center Hours/days per week Agency Staff Assigned to Santa Ana WORK Center: NtA PERFORMANCE GOALS: Customer Service All on-site, One-Stop Partners shall commit to the following goals for the WORK Center: 1. To conform to a uniform policy of customer service; 2. To develop customer service principles all One-Stop Partners must implement; 3. To implement an on-going system for measuring customer service levels; and, 6 , , Attachment "A", Page 2 4. To participate in a task force empowered to oversee, measure and respond to customer service data Ouantifiable Service Outcomes: Achievement of perfonnance outcomes as related to contracts with the Santa Ana Workforce Investment Board for provision of services to younger in-school youth enrolled in Workforce Investment Act programs. AUTIIORITY AND SIGNATURES: The individuals signing this MOU and its attaclnnents, which are incorporated therein have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. FOR THE Santa Ana Unified School District (Legal Name of Partner Agency) Signature q II/or Date Jane Russo. Interim Superintendent Name and Title Santa Ana Unified School District 1601 E. Chestnut Ave.. Santa Ana. CA 92701 Address REVISED 8118/06 7