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Revised 08-23-10
A-2011-233
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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 one ��1��,r 3 , 2011, by and between 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/R/K Center's approved annual budget and participant plans. The term of this
Agreement shall cover Program Year 2011-2012.
III. PURPOSE: The purpose of this Extension to the Agreement is for the Santa Ana
W/O/R/K 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 2011-
12 for the formula funds.
V. AUDIT: The W/O/R/K Center agrees that if it receives Three Hundred Thousand
Dollars ($300,000.0.0) 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
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/R/K Center's Business Plan/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.
IX. 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
performance 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.
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XIII. 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) calendar 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
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
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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. Copyright 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 a royalty -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 AIRICLEAN 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.
All parties are in agreement with this Extension of the Memorandum of Understanding and will
implement it as herein stated.
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ATTEST:
By:
Maria D. Huizar
Clerk of the Council
Lee McMurtray, Chair
Santa Ana Workforce Inves nt Board
CITY OF SANTA ANA
Paul" Walters
Interim City Manager
Date
APPROVED AS TO FORM:
Joseph A. Straka, Interim City Attorney
BY: Lisa E. Storck
Assistant City Attorney
MINUTES OF THE REGULAR MEETING
OF THE SANTA ANA WORKFORCE INVESTMENT BOARD
SEPTEMBER 9, 2011
CALLED TO ORDER SANTA ANA WORK CENTER
1000 E. SANTA ANA BLVD., SUITE 220
SANTA ANA CA 92701
8:11 A.M.
ROLL CALL BOARD MEMBERS Present:
LEE McMURTRAY (Chair);
BRENT BEASLEY (departed 8:41 am), ROB
CLAUDIO, MARYANN CONWAY, CARLOS DE LA
RIVA, LEE DE LEON (departed 8:48am), WILLIA
EDMONDS, EDUARDO FIGUEROA, BOB FISCHER
(arrived 8:13am), TEFERE GEBRE (departed
8:41am), GREGORY LEWIS (arrived 8:16am),
DONNA LIN (arrived 8:21am), GEORGINA
MALDONADO, ERLINDA MARTINEZ, STEVE
PIWNICA, BUDDY RAY, STACEY SANCHEZ,
DANIEL SOLKAMANS, DANIEL SU, BOB TUCKER,
ANDY WADHERA
Absent:
PATRICIA CARTER (E), JOHN DIDION (E), DAVID
ELLIOTT (E), NIKO EVERETT (E), BEATRIZ
GONZALEZ, (E), ANA JIMENEZ-HAMI (E),
MARJORIE KNITTER (E), PATRICK KORTHUIS (E),
MARYAM NAZERI (E), ROBERT RUIZ (E)
Staff present: Linda Oberman,
Deborah Sanchez and Karen Gerardo
CONSENT CALENDAR
MOTION: Approve the following Consent Calendar Items 1-5:
WIB MINUTES 1 - 1 September 9, 2011
MOTION: Sanchez SECOND: Claudio
VOTE: AYES: McMurtray (Chair), Beasley, Conway, Claudio, de la Riva, de
Leon, Edmonds, Figueroa, Fischer, Gebre, Maldonado,
Martinez, Piwnica, Ray, Sanchez, Solkamans, Su, Tucker,
Wadhera (19)
NOES: None(0)
ABSTAIN: None(0)
ABSENT: Carter, Didion, Elliott, Everett, Gonzalez, Jimenez-Hami,
Knitter, Korthuis, Lin, Lewis, Nazeri, Ruiz (12)
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.
fen
1
2
3
ADMINISTRATIVE MATTERS
EXCUSED ABSENCES FOR THIS MEETING TO BE RECORDED FOR
RECORD -KEEPING PURPOSES
MINUTES OF THE REGULAR MEETING OF JUNE 3, 2011.
MOTION: Accept Minutes.
MISCELLANEOUS ADMINISTRATION
ELIGIBLE TRAINING PROVIDER LIST DENIAL, DE -LIST AND APPEAL
POLICY
MOTION: Adopt a policy for the Eligible Training Provider List, Denial,
De -List and Appeals process.
AMEND INDIVIDUAL TRAINING ACCOUNT PAYMENT POLICY
WIB MINUTES 1-2 September 9, 2011
MOTION: Amend the Individual Training Account Payment Policy to
allow for full payment of tuition to public higher education institutions
at the time of enrollment.
4. APPOINTMENT OF LABOR REPRESENTATIVE TO THE SANTA ANA
WORKFORCE INVESTMENT BOARD
MOTION: Recommend that the City Council appoint Gilbert Davila,
Director of Organizing for the United Food and Commercial Workers, as
a labor representative on the Santa Ana Workforce Investment Board.
5. EMPLOYMENT DEVELOPMENT DEPARTMENT — LABOR REPORT
INFORMATION
MOTION: Receive and file.
*** END OF CONSENT CALENDAR ***
BUSINESS CALENDAR
6. ONE -STOP OPERATOR FOR PROGRAM YEAR 2011-2012
MOTION: Recommend that City Council approve the Santa Ana
W/O/R/K Center as the comprehensive One -Stop Operator for Program
Year 2011-2012.
MOTION: Martinez SECOND: Sanchez
VOTE: AYES: McMurtray (Chair), Beasley, Conway, Claudio,
de Leon, Edmonds, Figueroa, Fischer,
Maldonado, Martinez, Piwnica, Ray, Sanchez,
Solkamans, Su, Tucker, Wadhera (17)
NOES: None (0)
ABSTAIN: de la Riva, Gebre (2)
ABSENT: Carter, Didion, Elliott, Everett, Gonzalez, Jimenez-
Hami, Knitter, Korthuis, Lin, Lewis, Nazeri, Ruiz (12)
WIB MINUTES 1-3 September 9, 2011
7. WORKFORCE INVESTMENT ACT PLAN MODIFICATION FOR FISCAL
YEAR 2011-2012
MOTION; Recommend that the City Council approve the Santa Ana
Workforce Investment Board Annual Plan Modification for Fiscal Year
2011-2012 and authorize its submittal to the State of California
Workforce Investment Board.
MOTION: Piwnica SECOND: Claudio
VOTE: AYES: McMurtray (Chair), Beasley, Conway, Claudio,
de Leon, Edmonds, Figueroa, Fischer, Gebre,
Maldonado, Martinez, Piwnica, Ray, Sanchez,
Solkamans, Su, Tucker, Wadhera (18)
NOES: None (0)
ABSTAIN: de la Riva (1)
ABSENT: Carter, Didion, Elliott, Everett, Gonzalez, Jimenez-
Hami, Knitter, Korthuis, Lewis, Lin, Nazeri, Ruiz (12)
*** END OF BUSINESS CALENDAR **
Item taken out of order:
PRESENTATION Sandy Barba, WORK Center staff member, presented
Youth Program Performance for PY 2010-11 to the
WIB, followed by a question and answer session.
COMMENTS
8. PUBLIC COMMENTS - None
9. STAFF MEMBER COMMENTS
Carlos de la Riva informed the board regarding the following: first quarter
shows over 70 workers will be hired from recruitments; Hands for Africa will
be hiring 15 full-time and 15 part-time employees to promote public
awareness and for fund-raising; a television manufacturing company new to
Santa Ana will be hiring approximately 20 employees within the next two to
three weeks and anticipate a total of 150 company employees; there will be a
job fair on September 14 at the Santa Ana Holiday Inn which will include
employers such as Verizon.
WIB MINUTES 1-4 September 9, 2011
Linda Oberman spoke regarding the WIB's Return on Investment study
which was presented at California Workforce Association's Meeting of the
Minds conference and also before Department of Labor and National
Workforce Association members. The study was selected as an exemplary
model for other statewide WIBs and is being considered as the model to use
by all as reauthorization of the WIA to be considered by Congress in the
upcoming year.
10. BOARD MEMBER COMMENTS —
Lee McMurtray acknowledged and welcomed new WIB member, Willia
Edmonds. Also, mentioned if any board members are outreaching to local
businesses in a manner that represents the board, to have Ms. Oberman
review the materials as it may be possible to use the formal WIB letterhead.
Erlinda Martinez mentioned two events supported by Santa Ana College:
September 15 will be the Soldiers to Scholars Reception benefiting Veteran's
Programs and September 16-18 will be the Veteran's First Stand Down
providing outreach services to local homeless veterans.
ADJOURNMENT — 9:01 a.m.
Karen Gerardo,
Recording Secretary
WIB MINUTES 1-5 September 9, 2011
Santa Ana WORK Center
ADULT PARTICIPANT
PLAN PY 2011-12
PROGRAM SERVICE PLAN
Sept 2011
Dec 2011
Mar 2012
June 2012
1. TOTAL PARTICIPANTS
(Lines2+3)
1448
1475
1538
1565
2. Participants Carried -In
1385
1385
1385
1385
3. New Participants
63
90
153
180
ACTIVITY PLAN
4. Core Self -Service
1470
2100
3570
4200
5. Core Services (Registered)
63
90
153
180
6. Intensive Services
52
74
128
150
7. Training Services
25
35
60
70
EXIT STATUS
8. Total Exiters (9+12)
210
300
390
600
9. Entered Employment
105
150
195
300
10. Training Related
9
13
21
25
11. Entered
Postsecondary/Advanced/Credential
Program
N/A
N/A
N/A
N/A
12. Exited for Other Reasons
105
150
195
300
DISLOCATED WORKER PARTICIPANT PLAN
PY 2011-12
PROGRAM SERVICE PLAN
Sept 2011
Dec 2011
Mar 2012
June 2012
2. TOTAL PARTICIPANTS
(Lines 2+3)
443
470
533
560
2. Participants Carried -In
380
380
380
380
3. New Participants
63
90
153
180
ACTIVITY PLAN
4. Core Self -Service
630
900
1440
1800
5. Core Services (Registered)
63
90
153
180
6. Intensive Services
52
74
128
150
7. Training Services
25
35
60
70
EXIT STATUS
8. Total Exiters (9+12)
70
100
170
200
9. Entered Employment
35
50
85
100
10. Training Related
9
13
21
25
12. Entered
Postsecondary/Advanced/Credential
Program
N/A
N/A
N/A
N/A
12. Exited for Other Reasons
35
50
85
100
SANTA ANA WORK CENTER
BUDGET PLAN SUMMARY
PY 2011-12
Dislocated Rapid
Adult Workers Youth Response
Allocation Cost
Plan
Totals
1. Program Services
Total (A+B+C+D+E)
1,281,267
1,152,550
317,745
225,165
2,976,727
A. Core Self -Services
B. Core Registration
Services
336,104
208,106
544,210
C. Intensive Services
216,706
138,429
276,400
631,535
D. Training Services
230,514
497,694
728,208
E. Other
497,943
308,321
41,345
225,165
1,072,774
2. Administration
11,088
40,974
132,013
184,075
TOTAL 1+2
1,292,355
1,193,524
449,758
225,165
3,160,802
Expenditure Plan
Cumulative
1. September 2011
452,324
417,733
112,440
56,291
2. December 2011
646,178
596,762
244,879
112,583
3. March 2012
1,098,502
1,014,495
337,319
168,874
4. June 2012
1,292,355
1,193,524
449.758
225.165