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HomeMy WebLinkAbout25E - AGMT - ONE-STOP OPERATORREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 1, 2012 TITLE: ONE-STOP OPERATOR EXTENSION FOR PROGRAM YEAR 2012-2013 APPROVED ? As Recommended ? As Amended ? Ordinance on 15' Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ r i` SpM(1--CITY MANAGER RECOMMENDED ACTION CONTINUED TO FILE NUMBER Execute an extension of the One Stop Operator Memorandum of Understanding with the Santa Ana WORK Center as the Comprehensive One Stop Operator for Program Year 2012-2013. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of September 20, 2012, by a vote of 18:0 (Carter, Didion, Elliott, Gebre, Gonzalez, Jimenez-Hami, Korthuis, Ruiz, Su, Tucker, Wadhera absent, de la Riva abstained), the Workforce Investment Board recommended that the City Council execute an extension of the One Stop Operator Memorandum of Understanding with the Santa Ana WORK Center as the Comprehensive One Stop Operator for Program Year 2012-2013. 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 (WIA) which expired in 2003. 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 granted 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. 25E-1 One-Stop Operator October 1, 2012 Page 2 The City's total allocation for Program Year (PY) 2012-13 is $3,689,862 comprised of $1,372,608 for Adults, $901,162 for Dislocated Workers, and $1,416,0 92 for youth programs. Additionally, the City received $217,358 in Rapid Response funds to serve Santa Ana businesses who are laying off their workforce or announcing plant closures. The PY 2012-13 allocation is a 1.9% increase from the previous year's allocation. 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 exceeded four of the six performance goals for Program Year 2011-2012 as follows: 2011 -2012 Adults State Performance Level Entered Employment Rate 61.1% Retention Rate 75.5% Average Earnings $11,800 Dislocated Workers Entered Employment Rate Retention Rate Average Earnings 2011-2012 State Performance Level 58.9% 83.0% $14,000 2011 - 2012 Performance Actual Success Rate 57.84% 94.6% 76.92% 102% $11,513 97.57% 2011 - 2012 Performance Actual Success Rate 59.46% 101% 84.21% 102% $16,400 117% The W/O/R/K Center submitted the participant plan and budget for PY 2012-13 to the Santa Ana Workforce Investment Board for review on September 20, 2012. Staff is recommending that the Santa Ana W/O/R/K Center continue to operate as the comprehensive One-Stop for Santa Ana for the PY 2012-13. FISCAL IMPACT There is no fiscal impact associated with this action. "h " Lu A &?&d a_a?_ Nancy T. Ed ards Interim Exe ive Director Community Development Agency NTE/LAO/DS/kg Exhibit: 1. Memorandum of Understanding 2. Participant Plan for PY 2012-13 3. Budget PY 2012-13 25E-2 EXTENSION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA, COMMUNITY DEVELOPMENT AGENCY (WORK CENTER) AND THE SANTA ANA WORKFORCE INVESTMENT BOARD 1. PARTIES: This Extension of Memorandum of Understanding ("MOU") is hereby entered into on , 2012 by and between the City of Santa Ana, Community Development Agency, and its WORK Center ("WORK 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 WORK Center describing its specific role and responsibilities at the WORK Center. H. 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 to extend by the parties on an annual basis, unless terminated by either party with thirty (30) days written notice to the other party. A copy of the WORK Center's approved annual budget and participant plans is attached hereto and incorporated herein. The term of this Agreement shall cover Program Year 2012-2013. III. PURPOSE: The purpose of this Extension to the Agreement is for the Santa Ana WORK 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") originally released on March 19, 2001. IV. RESPONSIBILITIES OF WORK CENTER: The WORK Center, through the combined efforts of the WORK 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 WORK Center are set forth in detail in the "Proposal/Business Plan" response submitted by the WORK Center, dated April 27, 2001. The WORK Center will submit a new Participant Plan and Budget for Program Year 2012-13 for the formula funds. IV. AUDIT: The WORK 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 public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. EXHIBIT 1 1 25E-3 V. PROHIBITION FROM DISCRIMINATION: The WORK 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. VI. 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 WORK Center's Business Plan/Proposal shall remain in effect until such time as the SAWIB selects a different one-stop operator. VII. 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 WORK 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. VIII. PERFORMANCE GOALS: SAWIB shall establish annual performance goals for the WORK 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. IX. 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 WORK Center will work very closely with the local business community to assure placement goals will be met. The WORK Center will collect feedback from employers, analyze the information, and implement strategies for improvement in partnership with the Santa Ana Economic Development Division. X. 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 SAWIB'S Executive Committee. The Executive Committee shall mediate the dispute and shall have final authority to resolve the issue. XI. 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. XII. 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 EXHIBIT 1 2 25E-4 issuance of a written amendment, signed and dated by all parties. Updates to the budget and goals shall be made annually by the WORK 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. XIII. ASSIGNABILITY: None of the duties 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. XIV. 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 WORK 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 WORK Center shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the SAWIB 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. XV. 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 WORK Center. XVI. 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 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 EXHIBIT 1 25E-5 "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. XVII. 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. EXHIBIT 1 4 25E-6 All parties are in agreement with this Extension of the Memorandum of Understanding and will implement it as herein stated. ATTEST: CITY OF SANTA ANA By: Maria D. Huizar Clerk of the Council Paul Walters City Manager Santa Ana Workforce Investment Board BY: Lee McMurtray, Chair APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney BY: Lisa E. Storck Assistant City Attorney Recommended for Approval: BY: Nancy T. Edwards, Acting Executive Director Community Development Agency EXHIBIT I 25E-7 25E-8 Santa Ana WORK Center ADULT PARTICIPANT PLAN PY 2012-13 PROGRAM SERVICE PLAN Sept 2012 Dec 2012 Mar 2013 June 2013 1. TOTAL PARTICIPANTS (Lines 2+3) 359 384 443 468 2. Participants Carried-In 300 300 300 300 3. New Participants 59 84 143 168 ACTIVITY PLAN Sept 2012 Dec 2012 Mar 2013 June 2013 4. Core Self-Service 1470 2100 3570 4200 5. Core Services (Registered) 59 84 109 168 6. Intensive Services 45 64 109 128 7. Training Services 17 24 41 48 EXIT STATUS Sept 2012 Dec 2012 Mar 2013 June 2013 8. Total Exiters (9+12) 150 200 250 300 9. Entered Employment 90 120 150 180 10. Training Related 11. Entered Postsecondary/Advanced/Credential Program N/A N/A N/A N/A 12. Exited for Other Reasons 60 80 100 120 DISLOCATED WORKER PARTICIPANT PLAN PY 2012-13 PROGRAM SERVICE PLAN Sept 2012 Dec 2012 Mar 2013 June 2013 2. TOTAL PARTICIPANTS (Lines 2+3) 260 286 346 371 2. Participants Carried-In 200 200 200 200 3. New Participants 60 86 146 171 ACTIVITY PLAN Sept 2012 Dec 2012 Mar 2013 June 2013 4. Core Self-Service 630 900 1440 1800 5. Core Services (Registered) 60 86 146 171 6. Intensive Services 42 60 102 120 7. Training Services 18 26 44 51 EXIT STATUS 8. Total Exiters (9+12) 50 100 150 200 9. Entered Employment 30 60 90 120 10. Training Related 12. Entered Postsecondary/Advanced/Credential Program N/A N/A N/A N/A 12. Exited for Other Reasons 80 160 240 320 2SEB91 2 25E-10 WIA BUDGET PLAN SUMMARY PY 12-13 Adult Dislocated Workers Youth Rapid Response Allocation Cost Plan 1. Program Services Total (A+B+C+D+E) 1,213,030 788,730 321,355 217,358 A. Core Self-Services B. Core Registration Services 355,557 191,454 C. Intensive Services 101,018 54,394 262,610 D. Training Services 284,055 272,820 E. Other 472,400 270,062 58,745 217,358 2. Administration (not to exceed amt. approved by WIB) 61,988 30,444 121,504 TOTAL (1+2) 1,275,018 819,174 442,859 217,358 Expenditure Plan (Cumulative) 1. September 2011 446,256 286,711 110,715 54,340 2. December 2011 637,509 409,587 221,430 108,679 3. March 2012 1,083,765 696,298 332,144 163,019 4. June 2012 1,275,018 819,174 442,859 217,358 EXHIBIT 3 Totals 2,540,473 547,011 418,022 556,875 1,018,565 213,936 2,754,409 25E-11 25E-12