HomeMy WebLinkAbout25G - ONE STOP OPERATOR 2010-2011REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 18, 2010
TITLE:
ONE-STOP OPERATOR AT THE
SANTA ANA WORK CENTER FOR
PROGRAM YEAR 2010-2011
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
0 As Recommended
0 As Amended
0 Ordinance on '18S Reading
? Ordinance on 2"' Reading
? Implementing Resolution
? Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an extension of the One-Stop
Operator Memorandum of Understanding with the Santa Ana WORK Center for program year
2010-201 1 .
WORKFORCE INVESMENT BOARD RECOMMENDATION
At its regular meeting of September 10, 2010, by a vote of 19:0:1 (Carter, Didion, Korthuis, Lin,
Martinez, Nazeri, Pina, Ray, Saldivar and Tucker absent; Gebre abstained), the Workforce
Investment Board recommended that the City Council approve and authorize the City Manager
and Clerk of the Council to execute an extension of the One-Stop Operator Memorandum of
Understanding with the Santa Ana WORK Center for program year 2010-201 1 .
DISCUSSION
The Santa Ana W/O/R/K Center was awarded a contract in June 2001 as a comprehensive One-
Stop operator. A Memorandum of Understanding between the Santa Ana W/O/R/K Center and
the Workforce Investment Board (WIB) was approved by the WIB in January 2002. The WIB is
responsible for evaluating the performance of the Santa Ana W/O/R/K Center on an annual basis
and has recommended extending its agreement each year.
The federal government has not reauthorized the Workforce Investment Act which expired in
2003. Therefore, the authority to operate the center has been derived from a continuing
resolution approved by Congress each year. Due to lack of legislation reauthorizing the WIA, the
State of California has also continued to give the local workforce investment areas approval to
continue to operate each year since 2003. The WIB has chosen to follow the lead of both the
state and federal governments and has recommended that the Santa Ana W/O/R/K Center
continue to operate as a comprehensive One-Stop until such time as the WIA is reauthorized or
replaced.
25G-1
One-Stop Operator PY 201 O-1 1
October 18, 2010
Page 2
The performance results for the Santa Ana W/O/R/K Center are reported to the Board on an
annual basis with quarterly updates provided as the data becomes available throughout the year.
Santa Ana met or exceeded all of its performance goals for Program Year 2008-2009 as follows:
Adults
Entered Employment Rate
Retention Rate
Average Earnings
Dislocated Workers
Entered Employment Rate
Retention Rate
Average Earnings
Proposed Goal Actual
79.4% 75.72%
82.5% 76.85%
$12,000 $13,086
Pror?osed Goal Actual
79.0% 66.95%
87.0% 85.9%
$14,000 $14,703
The Santa Ana W/O/R/K Center will submit a new participant plan and budget for PY 201 O-1 1 for
the formula funds as well as any remaining American Reinvestment and Recovery Act (ARRA)
funds. If the Workforce Investment Act is reauthorized or a new law enacted, One-Stop services
will be procured to ensure compliance.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nelso
Deputy City Manager for Development Services
Community Development Agency
CJ N/LS/DS/kg
Exhibit: 1. MOU
25G-2
EXTENSION OF
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SANTA ANA, COMMUNITY DEVELOPMENT AGENCY
(W/O/R/K CENTER)
AND THE SANTA ANA WORKFORCE INVESTMENT BOARD
I. PARTIES: This Extension of Memorandum of Understanding ("MOU") is hereby
entered into on 2010, by and beriveen the City of Santa Ana,
Community Development Agency, and its W/O/R/K Center ("W/O/R/K Center") a
One-Stop Operation, and the Santa Ana Workforce Investment Board ("SAWIB").
Each of the One-Stop Partners has signed an MOU with the W/O/R/K Center
describing its specific responsibilities at the W/O/R/K Center.
II. DURATION OF AGREEMENT: The initial term of this Agreement began on July
1, 2001 and may be extended through the mutual exercise of an option by the parties
on an annual basis, unless terminated by either party with thirty days written notice to
the other party. A copy of the minutes from the SAWIB meeting regarding the
extension of this MOU shall be attached to this Agreement along with a copy of the
W/O/RlK Center's approved annual budget and participant plans. The term of this
Agreement shall cover Program Year 2010-201 1.
III. PURPOSE: The purpose of this Extension to the Agreement is for the Santa Ana
W/O/I21K Center to continue to provide a comprehensive One-Stop Center in
response to the "Request for Proposals/Business Plans for One-Stop Service Center in
Santa Ana" ("RFP") released on March 19, 2001.
IV. RESPONSIBILITIES OF W/O/R/K CENTER: The W/O/R/K Center, through the
combined efforts of the W/O/R/K Center partners which include the Employment
Development Department, Orange County Social Services Agency, Rancho Santiago
Community College District, Santa Ana Unified School District, Goodwill Industries,
Santa Ana College, State Department of Rehabilitation, ,City of Santa Ana Economic
Development Department, ROP programs and several other agencies, shall provide
the community with a variety of informational employment and training services
based on individual needs. The responsibilities and duties of the W/O/R/K Center are
set forth in detail in the "Proposal/Business Plan" response submitted by the
W/O/R/K Center, dated April 27, 2001. The W/O/R/K Center will submit a new
Participant Plan and Budget for Program Year 2010-11 for the formula funds as well
as any remaining American Reinvestment and Recovery Act (ARRA) funds.
V. AUDIT: The W/O/R/K Center agrees that if it receives Three Hundred Thousand
Dollars ($300,000.00) or more in federal funds, it shall ensure that the City of Santa Ana
includes the WORK Center in its annual audit which shall be conducted by a certified
EXHIBIT 1
25G-3
public accountant in accordance with the standards as set forth and published by the
United States Office of Management and Budget.
VI. PROHIBITION FROM DISCRIMINATION: The W/O/R/K Center, and all One-
Stop Partners are prohibited from discrimination on the grounds of race, color,
religion, sex, national origin, age, disability, political affiliation or belief.
VII. FUNDING: The SAWIB anticipates allocating Workforce Investment Act funds to
the WORK Center for the operation of the One-Stop Service Center each funding
cycle. The W/O/121K Center's Business Pla.u/Proposal shall remain in effect until
such time as the SAWIB selects a different one-stop operator.
VIII. MONITORING/OVERSIGHT: The SAWIB and its staff reserve the right to
review and monitor all services funded under this MOU and the RFP. This includes
all records, documents, polices and procedures or other data or documentation
requested by the SAWIB, the State of California's Compliance Monitoring
Section/Compliance Review Division and the Department of Labor. The W/O/R/K
Center Director shall be responsible for internal monitoring of its programs, services,
cash management, procurement, and property inventory as well as the monitoring of
any services, programs or projects that are contracted to program operators and/or
consultants. All WIA funding received by the City of Santa Ana will be included in
the annual audit completed by an outside auditing firm for the City.
17K. PERFORMANCE GOALS: SAWIB shall establish annual performance goals for
the W/O/R/K Center for adults and dislocated workers based on the common
measures established for the Local Workforce Investment Area (LWIA) Said
perfonn.ance goals shall be renegotiated between the parties hereto once the SAWIB
has negotiated with the State for each year.
X. GOAL TRACKING: All partners in the One-Stop Delivery system have agreed to
work toward the development of common performance goals and measures that will
be in alignment with the stated goals of the workforce investment system. The
W/O/R/K Center will work very closely with the local business community to assure
placement goals will be met. The W/O/R/K Center will collect feedback from
employers, analyze the information, and implement strategies for improvement.
Further, in partnership with the Santa Ana Economic Development Division,.
XI. DISPUTE RESOLUTION: The parties hereto shall first attempt to resolve all
disputes informally at the lowest level starting with the site supervisor and staff. If
dispute resolution is not accomplished, any party may call a meeting of the parties to
formally discuss and resolve all disputes. Should the parties fail to resolve the
dispute, the dispute shall be referred to the Chair of the SAWIB, who shall place the
dispute upon the agenda of a regular or special meeting of the WIB'S Executive
Committee. The Executive Committee shall mediate the dispute and shall have final
authority to resolve the issue.
XII. 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 full force and effect.
2
25G-4
XIH. MODIFICATION/TERMINATION: This MOU, along with all exhibits thereto,
constitutes the entire agreement between the parties. This MOU may be modified,
altered, revised, extended or renewed by mutual written consent of the parties, by the
issuance of a written amendment, signed and dated by all parties. Updates to the
budget and goals shall be made annually by the W/O/R/K Center, with approval of
the SAWIB. Participation in this MOU may be terminated by giving no less than
thirty (30) calendaz days' prior written notice of intent to terminate to the other party.
XIV. ASSIGNABILITY: None of the duties of, or work to be performed by, any of the
parties hereto shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of each party hereto. All subcontracts and other
agreements that relate to this MOU must be submitted and reviewed by each party
hereto.
XV. RECORDS RETENTION: All accounting records and evidence pertaining to all
costs related to this MOU and all documents related to this MOU shall be kept
available for the duration of this Agreement and thereafter for three (3) years after
completion of an audit. Records which relate to (a) complaints, claims,
administrative proceedings or litigation arising out of the performance of this MOU,
or (b) costs and expenses of this MOU to which the W/O/R/K Center, the State of
California or the United States Government take exception, shall be retained beyond
the three (3) years until resolution of disposition of such appeals, litigation, claims, or
exceptions. The W/O/R/K Center shall provide the U.S. Department of Labor and the
Controller General, by and through any authorized representative, as well as the WIB
Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of funds under this Agreement for a
three-year period from and after the effective date of this Agreement.
XVI. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The One-Stop Partners
and/or the SAWIB will disclose to the City any invention, written product, computer
program developed or data assembled as a result of performance of work under this
Agreement within seventy-four (74) days of invention, development or assembly.
The City, State of California, and U.S. Department of Labor (DOL) will have the
right to patent any invention and copyright any written product or computer program
or data generated by any of the One-Stop Partners, subcontractors, and/or the
SAWIB. Upon written request, all pertinent information, specifications and right,
title and interest shall be transferred to the designated agency. Each One-Stop Partner
shall be notified of the City's requirements and regulations pertaining to patent rights
with respect to any discovery or invention which arises or is developed in the course
of or under any contract with the W/O/R/K Center.
XVII. INVENTIONS, PATENTS AND COPYRIGHTS
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL)
grant or agreement, the One-Stop Partner/SAWIB shall report the fact promptly and fully
3
25G-5
to the CITY. The One-Stop Partner/SAWIB shall report the fact to the Grant Officer at
the DOL. Unless there is a prior agreement between the CITY and the DOL and its
representative on these matters, the DOL shall determine whether to seek protection on
the invention or discovery. The DOL and its representative shall determine how the
rights in the invention or discovery, including rights under any patent issued thereon, will
be allocated and administered in order to protect the public interest consistent with the
"Governmental Patent Policy" (President's Memorandum for Heads of Executive
Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy
as printed in 36 FR 16889).
B. Convright Policy.
1. Unless otherwise provided in the terms of the grant or agreement,
when copyright-able material is developed in the course of or
under a DOL Grant or agreement, the City and the author that
developed the work is free to copyright material or to permit
others to do so. The One-Stop Partner and the SAWIB shall have
a royalty-free, nonexclusive and irrevocable license to reproduce,
publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize
others to use, for Federal Government purposes: (a) The
copyright in any work developed under any grant, sub-grant, or
contract under a grant or subgrant; (b) Any right of copyright to
which a grantee, subgrantee or a contractor purchases ownership
with grant support; and (c) Each One-Stop Partner and the
SAWIB shall comply with the requirements of 29 CFR Part
97.34.
C. Rights to Data. The DOL and the City shall have unlimited rights to any data first
procured or delivered under this Agreement.
XVIII. CLEAN AIR/CLEAN WATER: If the grant hereunder exceeds $100,000, Section
306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33
USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA")
regulations (40 CFR Part 15) as any may now exist or be hereafter amended, must be
adhered to. Under these laws and regulations, assurances will be made to the
following effect:
(a) No facility to be utilized in the performance of the proposed grant has been
listed on the EPA List of Violating Facilities;
(b) Notification will be made prior to award of the receipt of any communication
from the Director, Office of Federal Activities, U.S. EPA, indicating that a
facility to be utilized for the grant is under consideration to be listed on the
EPA List of Violating Facilities;
(c) Notification will be made to the CITY and the EPA about any known
violation of the above laws and regulations.
4
25G-6
All parties are in agreement with this Memorandum of Understanding and will implement it as
herein stated.
Cynthia J. Nelson, Deputy City Manager
for Development Services
City of Santa Ana
Date
Lee McMurnay, Chair Date
Santa Ana Workforce Investment Board
5
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
BY: Lisa E. Storck
Assistant City Attorney
25G-7
MINUTES OF THE REGULAR MEETING
OF THE SANTA ANA WORKFORCE INVESTMENT BOARD
September 10, 2010
CALLED TO ORDER RANCHO SANTIAGO COMMUNITY COLLEGE
DISTRICT EXECUTIVE CONFERENCE ROOM
2323 N. BROADWAY
SANTA ANA, CA 92706
8:08 A. M.
ROLL CALL BOARD MEMBERS Present:
LEE McMURTRAY (Chair);
BRENT BEASLEY; BEN BLANK; ROB CLAUDIO,
MARYANN CONWAY; LEE DE LEON (departed
8:57); NIKO EVERETT; EDUARDO FIGUEROA; BOB
FISCHER; TEFERE GEBRE (arrived 8:12); ANA
JIMENEZ-HAMI; MARJORIE KNITTER; GREG
LEWIS (departed 9:18); DONNA LIN (arrived 8:17);
GEORGINA MALDONADO; ERLINDA MARTINEZ
(arrived 8:44); ERNESTO MEDRANO; ROBERT
RUIZ; STACEY SANCHEZ; DANIEL SOLKAMANS
(departed 9:20); DANIEL SU (departed 8:58); ANDY
WADHERA (departed 8:42) (21)
Absent:
PATRICIA CARTER (UE); JOHN DIDION (E);
PATRICK KORTHUIS (E); MARYAM NAZERI (UE);
OCTAVIO PINA (UE); BUDDY RAY (E); TERESA
SALDIVAR (UE); BOB TUCKER (E) (8)
Staff present: Linda Summers;
Deborah Sanchez, Carlos de la Riva,
Julie Castro-Cardenas, Sylvia Vazquez
and Karen Gerardo
PRESENTATION Norm Bour from OpisNetwork presented a PowerPoint
presentation and provided handouts on the 100
Businesses, 100 Days Initiative update.
WIB MINUTES
September 10, 2070
25G-8
CONSENT CALENDAR
MOTION: Approve the following Consent Calendar Items 1-4:
MOTION: Claudio SECOND: Figueroa
VOTE: AYES: McMurtray (Chair), Beasley, Blank, Claudio, Conway, de
Leon, Everett, Figueroa, Fischer, Gebre, Jimenez-Hami,
Knitter, Lewis, Maldonado, Medrano, Ruiz, Sanchez,
Solkamans, Su, Wadhera (20)
NOES: None (O)
ABSTAIN: None (O)
ABSENT: Carter, Didion, Korthuis, Lin, Martinez, Nazeri, Pina, Ray,
Saldivar, Tucker (1 O)
Items removed from consent calendar for separate action or modification will be highlighted, if any.
Separate actions show the actual vote, when applicable. Items without votes are adopted as part of the
consent motion.
1
2.
3
4.
ADMINISTRATIVE MATTERS
MINUTES OF THE REGULAR MEETING OF JULY 15, 2010.
MOTION: Accept Minutes
YOUTH COUNCIL APPOINTMENT
MOTION: Appoint Mr. Andy Wadhera, President of CALTREND
Automotive Products, to the Santa Ana Youth Council as the Private
Sector Representative.
EXCUSED ABSENCES FOR THIS MEETING TO BE RECORDED
MOTION: The following Board members were excused from this
meeting: Didion, Korthuis, Ray, and Tucker.
EMPLOYMENT DEVELOPMENT DEPARTMENT -LABOR MARKET
INFORMATION
MOTION: Receive and file.
*** END OF CONSENT CALENDAR ***
WIB MINUTES
2
September 10, 2010
25G-9
BUSINESS CALENDAR
5. ONE-STOP OPERATOR FOR PROGRAM YEAR 2010-11
Motion: Recommend that the City Council approve the Santa Ana
W/O/R/K Center as the comprehensive -One-Stop Operator for
Program Year 2010-11 and request a budget and participant service
plans for Workforce Investment Act (WIA) formula funds be
submitted to the Employer and Customer Service Committee on
September 28, 2010.
MOTION: Claudio SECOND: Sanchez
VOTE: AYES: McMurtray (Chair), Beasley, Blank, Claudio, Conway, de
Leon, Everett, Figueroa, Fischer, Jimenez-Hama,
Knitter, Lewis, Maldonado, Medrano, Ruiz, Sanchez,
Solkamans, Su, Wadhera (19)
NOES: None (O)
ABSTAIN: Gebre (1)
ABSENT: Carter, Didion, Korthuis, Lin, Martinez, Nazeri, Pina, Ray,
Saldivar, Tucker (10)
*** END OF BUSINESS CALENDAR **
WORK STUDY SESSION
YEAR-END PARTICIPANT REPORT FOR PY 2009-10
Carlos de la Riva presented a PowerPoint presentation and provided handouts
summarizing updates on the Workforce Investment System, Integrated Services Model
(Learning Lab), ARRA programs and accomplishments for Program Year 2009-10.
COMMENTS
6. PUBLIC COMMENTS
Rich Greger from EDD invited the Board to attend the Veteran's Day
Recognition Flag Raising Ceremony and Job Fair on November 3, at
8:OOam to be held at the train station.
7. STAFF MEMBER COMMENTS -None
WIB MINUTES 3 September 10, 2010
25G-10
8. BOARD MEMBER COMMENTS -
Erlinda Martinez handed out a welcome reception flyer introducing
Rancho Santiago Community College District's new chancellor, Raul
Rodriguez, Ph.D., to be held Tuesday, September 28, at 3:OOpm, at Santa
Ana College.
Maryann Conway mentioned that the Department of Rehabilitation
moved their office to 2002 E. McFadden Avenue, Suite 100, Santa Ana
CA 92705.
Eduardo Figueroa welcomed Niko Everett and asked her to introduce
herself to the Board.
Niko Everett introduced herself and spoke about California Career
College, which she represents as its president.
ADJOURNMENT - 9:31 a.m.
Karen Gerardo,
Recording Secretary
Next Meeting: November 19, 201 O at 8:00 a.m.
Rancho Santiago Community College District
2323 N. Broadway
Santa Ana, CA 92706
Wlti MINUTES 4 September 10, 2010
25G-11
WIA BUDGET PLAN SUMMARY PY 09-10
Dislocated Rapid
Adult Workers Youth Response
?llf,?./SeQ 41St 4;? ?}J„`s[.
r .ss
_.. -' 4
?. r
;
r ? n d : -
` ' TotC71.S
a
1? i . ?. l
1 ?? ?
Program Services
Total (A+B+C+D+E) 1,191,509 723,320 328,495 TBD 2,243,324
F F ?..
"`
A. Core Self-Services ?
B. Core Registration ? i? .,
Services 454,236 244,589. a ?'
? 698 825
C. Intensive Services
130,241
90,399
282,330 >
z
? 1 `iflgv :f H?.
Y t, ,?? ,?-; :? ,;
502,970
D. Trainin Services
25
625
75
270 v ?.
;•t ?
, , ? ?_?.; 100,895
E. Other 581,407 313,062 46,165 TBD 940,634
2. Administration ?.P- ? • + °?
(not to exceed amt. 10,696 44,867 106,062 ? '?' 161
625
a roved b WIB .?= _ ,
TOTAL 1+2 1,202,205 768,187 434,557 TBD 2.404.949
1. Se tember 2010 300,551 192,047 108,639
2. December 2010 601,102 384,094 217,278
3. March 2011 901,653 576,141 325,917
4. June 2011 1,202,205 768,187 434,557
25G-12
ADULT PARTICIPANT PLAN
PY 10-11
?'R1?C?r,??". ?yIS',?.'?+'?.' .?, . ,. t ? S ? :1`:2Q?0,: L?eci ?
1Q ; ' ???
1H ±
?
? ?I?
`? 1 ?
''
1. TOTAL PARTICIPANTS 2157 .
3873 _
.
.
.
.
5589 :
k
.;.
7305
Lines 2+3
2. Partici ants Carried-In 1716 1716 1716 1716
3. New Partici ants 1200 2400 3600 4800
AG!' ? Z „? w'A. S. i.
'b: ? a' ? ??ha '?. \ .n
4. Core Self-Service 4
S ?
1200
. 1. ?? .. .2 titer
2400 ?
r 3. .4 yiq.m
3600
?. T ?x Y.:
4800
5. Core Services Re istered 80 114 194 230
6. Intensive Services 40 72 97 115
7. Trainin Services 10 20 30 40
8. Total Exiters 9+12 1200 2400 3600 4800
9. Entered Em to ent 600 1200 1800 2400
10. Trainin Related N/A N/A N/A N/A
11. Entered
Postsecondary/Advanced/Credential
Pro am N/A N/A N/A N/A
12. Exited for Other Reasons 300 1200 1800 2400
DISLOCATED WORKER PARTICIPANT PLAN
PY 10-11
I',?iQ>??tA?:l1'?' SIa?'??x?`?;°??A?1`'? v. ' ,,... w :.. ?,t .:. ?`? ? ? :L s?4 ? Q. =_Dec,?2`f? 1.Q.. ? ';Mar' =:2 : ),1... $i' ?e o , ;
2. TOTAL PARTICIPANTS 641 1072 1503 1934
Lines 2+3
2. Partici ants Carried-In 431 431 431 431
3. New Partici ants 300 600 900 1200
.,AC-T.I?'ITYvN??A,?
n ?-
f Di 4 '?
'
j
1
r ,x .
V
v ? L9rn
v.L.?tiwf4
.
r.d .u?.lT`
?.?Y
` r_I
4. Core Self-Service 630 900 1440 .
.
1800
5. Core Services Re istered 80 114 194 230
6. Intensive Services 20 29 48 57
7. Trainin Services 10 20 30 40
ota Exiters 9+12 300 600 900 1200
9. Entered Em to ent 150 300 450 600
10. Trainin Related N/A N/A N/A N/A
12. Entered
Postsecondary/Advanced/Credential
Pro am N/A N/A N/A N/A
12. Exited for Other Reasons 150 300 450 600
25G-13
25G-14