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HomeMy WebLinkAbout25B - AGMT - MOU WORKFORCE INVESTMENT ACT REQUEST FOR A" COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: APRIL 2, 2012 TITLE: APPROVED MEMORANDUM OF UNDERSTANDING ? As Recommended WITH WORKFORCE INVESTMENT ACT [I Amended El Or dinance on 15f Reading MANDATED PARTNER - ORANGE COUNTY ? Ordinance on 2"d Reading SMALL BUSINESS DEVELOPMENT CENTER ? Implementing Resolution ? Set Public Hearing For CONTINUED TO CL, FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the Mayor, City Manager and Clerk of the Council to execute the attached Memorandum of Understanding with the Orange County Small Business Development Center, for workforce investment services, subject to non-substantive changes approved by the City Manager and City Attorney. WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of March 15, 2012, by a vote of 21:0 (Claudio, Conway, Gebre, Gonzalez, Knitter, Korthuis, Maldonado, Martinez, Piwnica, Tucker, Wadhera absent, Didion abstained), the Workforce Investment Board recommended that the City Council approve and authorize the Mayor, City Manager and Clerk of the Council to execute the Memorandum of Understanding with the Orange County Small Business Development Center. DISCUSSION The Workforce Investment Act (WIA) requires the Santa Ana Workforce Investment Board (WIB) establish a one-stop delivery system, whose objective is to provide workforce development services for local adults, dislocated workers, youth and employers. The one-stop delivery system is a network of WIA-mandated and optional partners who are responsible for providing services for training and employment opportunities authorized by the Act. The Santa Ana WIB is required to establish and maintain Memorandum of Understandings (MOU) with the mandated partners. The MOU provides for collaboration by all of the one-stop partners and creates a seamless system of service delivery. The MOU contains the provisions required by the WIA such as identifying partner services to be provided through the one-stop delivery system, the funding of these services and operating costs of the system, and the methods for referral. The MOU will remain in effect until terminated by repeal of the WIA by the 25B-1 MOU WIA Mandated Partner - OC SBDC April 2, 2012 Page 2 federal government or by a written request to withdraw by the Orange County Small Business Development Center. FISCAL IMPACT There is no fiscal impact associated with this action. awn Nancy T. E ards Interim Exe tive Director Community Development Agency NTE/LAO/kg Exhibit 1: Memorandum of Understanding 25B-2 Memorandum of Understanding For THE ORANGE COUNTY SMALL BUSINESS DEVELO PMENT CENTER EXHIBIT 1 25B-3 Memorandum of Understanding (MDU) 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" and Attachment "C", "Memorandum of Operation" if applicable functioning as "One-Stop Partners" within the Santa Ana One-Stop System (hereinafter referred to as the Santa Ana W/O/R/K Center). 2. PURPOSE: The Santa Ana W/O/R/K Center, through its central location at the Santa Ana Regional Transportation Center, 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 W/O/R/K 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 counseling • 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 Ca1WORKS 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 t 25B-4 • 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. 3. DURATION: (a) This MOU shall remain in effect until (i) terminated by the repeal of the Workforce Investment Act or otherwise by action of law, or (ii) with respect to the One-Stop Partner, the date on which such One-Stop partner withdraws from the MOU pursuant to Section 3 (c) hereof, Should any One-Stop Partner withdraw, this MOU shall remain in effect with respect to other remaining One-Stop Partners. (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 or his/her designee. The MOU, once signed, becomes part of the local WIA Plan. (c) Any party may withdraw from this MOU 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 MOU, 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 MOU in a timely manner. 4. MODIFICATION AND ASSIGNMENT: This MOU may be modified at any time by written agreement of the parties. Assignment of responsibilities under this MOU 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 MOU. 5. ONE-STOP SYSTEM DESCRIPTION: The one-stop system description in the local WIA plan, including modifications thereto, is incorporated into this MOU by reference. b. RESERVED 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 2 25B-5 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 modifications thereto, and incorporated into this MOU by reference. Exchanged information shall remain private and confidential in accordance with the most 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 commitment, but rather an intent to commit specific resources in the f iture 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 from month to month or from year to year. The Resource Sharing Agreement is meant to be reviewed yearly and may be modified 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 Committee. The Executive Committee shall attempt to mediate and resolve the dispute. Finally, if the Executive Committee's resolution efforts fail, 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 borne 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. 12. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless 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 MOU. 3 25B-6 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 WEB and the One-Stop partners will ensure that policies and procedures established by the WIB 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 current 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 dishonesty/crime coverages. The City of Santa Ana shall be named as additional insured for such insurance and the coverage shall be primary and non-contributory with regard to the City. 16. AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. I i li I I 4 25B-7 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR THE LOCAL ELECTED OFFICIAL Signature Date Miguel A Pulido Mayor; City of Santa Ana Name and Title 20 Civic Center Plaza Santa Ana, CA 92701 Address FOR THE CITY OF SANTA ANA ATTEST: CITY OF SANTA ANA Maria D. Huizar, Clerk of the Council Paul Walters, Interim City Manager ORANGE COUNTY SMALL BUSINESS DEVELOPMENT CENTER (ONE- STOP PARTNER) Signature Date Leila Mozaffari, Director Name and Title 2323 N. Broadway, Santa Ana, Ca 92706 Address Approved as to Form: JOSEPH STRAKA, Interim City Attorney BY: Lisa E. Storck, Assistant City Attorney THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. S 25B-8 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 Orange County Small Business Development Center OCSBDC and other agencies (identified in the "One-Stop Partner Commitment", Attachments "A" and `B: 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 Orange County Small Business Development Center (OCSBDC) commits to the following: • The OCSBDC and WORK Center staff will familiarize themselves with each other's organizations in order to facilitate the referral process. y heir mutual The OCSBDC and WORK Center will collaborate as requited bt ftinding sources. • The WORK Center staff will refer business to the OCSBDC for consulting, training, and access to resources that a business may need. The OCSBDC will refer clients to the Santa Ana WORK Center Business Service Unit for hiring and other labor issues that the business owner may have. Full-time equivalents (FTEs) of Agency Staff Assigned to Santa Ana W/O/R/K Center: Not Applicable Hours/days per week Agency Staff Assigned to Santa Ana W/O/R/K Center: Not Applicable PERFORMANCE GOALS: Customer Service All on-site, One-Stop Partners shall commit to the following goals for the W/O/R/K Center: I . To conform to a uniform policy of customer service; 2. To develop customer service principles all One-Stop Partners most implement; 3. To implement an on-going system for measuring customer service levels; and, 4. To participate in a task force empowered to oversee, measure and respond to customer service data. 6 25B-9 Attachment "A", Page 2 AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments 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 Orange County Small Business Development Center (Legal Name of Partner Agency) Signature Date Leila Mozaffari, Director Name and Title 2323 N Broadway Santa Ana, CA 92706 Address MOU Partner rev 6-10 7 25B-10 CITY OF SANTA ANA WORKFORCE INVESTMENT BOARD ONE STOP PARTNER MEMORANDUM OF UNDERSTANDING SERVICES MATRIX FOR THE ORANGE COUNTY SMALL BUSINESS DEVELOPMENT CENTER Programs Services Provided Method of Service Referral Method Contribution to Represented Delivery (Check all that One Stop (Check all that apply) apply) System Performance ? Training seminars on ® Employmen ? Co-location of staff ? In person ®Custamer t and business topics for small ? Co-location of ? By phone Satisfaction companies Training services ? On line p Provide activities ? Customized business E Cross training of E Refer direct to Coordination under Title I consulting by industry staff the OCSBDC and Services experts in Strategic of the ? On-line for Workforce Business Planning; Investment Marketing Planning; ®On site - OCSBDC Act. Financial Statement office development, analysis, cash flow mgmt.; Procurement; use of technology in expansion of sales and operations. 0 Finance facilitation including capital needs analysis, loan doe review and referral to financial institutions ? Information on licenses & permits, corporate structure, taxes and insurance ' Criteria to be determined by the State of California and the Santa Ana Workforce Investment Board 25B-11 Attachment B SANTA ANA ONE-STOP PARTNERS MOU RESOURCE SHARING ATTACHMENT NO E¦ THIS PARTNER 1S NO HOUSED AT ¦ HE ONE-STOP AND DOES NOT HAVE A RESOURCE SHARING ATTACHMENT, 25B-12