HomeMy WebLinkAbout25C - AGMT - ONE STOP OPERATOR MOUREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 21, 2013
TITLE:
ONE-STOP OPERATOR MEMORANDUM
OF UNDERSTANDING FOR PROGRAM
YEAR 2013-2014
i
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1" Reading
? Ordinance on 2nd Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Execute an extension of the One-Stop Operator Memorandum of Understanding with the Santa
Ana W/O/R/K Center as the Comprehensive One-Stop Operator for Program Year 2013-2014.
WIB EXECUTIVE COMMITTEE RECOMMENDATION
At its special meeting of October 8, 2013, by a vote of 5:0 (McMurtray, Claudio, Korthuis absent),
the Workforce Investment Board Executive Committee recommended that City Council execute an
extension of the One Stop Operator Memorandum of Understanding with the Santa Ana W/O/R/K
Center as the Comprehensive One Stop Operator for Program Year 2013-2014.
DISCUSSION
In June 2000, the Santa Ana W/O/R/K Center was grand-fathered in as Santa Ana's
comprehensive One-Stop provider under implementation of new federal legislation called the
Workforce Investment Act (WIA), which replaced the Job Training Partnership Act (JTPA). The
following year a full procurement process was conducted and the W/O/R/K Center was awarded a
Memorandum of Understanding in June 2001 as a comprehensive One-Stop operator. The
recommended action would extend this Memorandum of Understanding (Exhibit 1) for the current
Program Year (PY).
The Santa Ana Workforce Investment Board (WIB) is responsible for evaluating the performance of
the W/O/R/K Center to ensure its compliance with federal and state regulations and overall service
to the community on an annual basis. The performance results for the Santa Ana W/O/R/K Center
are reported to the WIB on an annual basis with quarterly updates provided as the data becomes
available throughout the year. The state has yet to release final performance data for PY 2012-
2013. The data below is as of third quarter ending March 31, 2013 with the W/O/R/K Center
exceeding five of the six state-mandated performance goals for PY 2012-2013:
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One Stop Operator PY 2013-2014
October 21, 2013
Page 2
Adults
Entered Employment Rate
Retention Rate
Average Earnings
Dislocated Workers
Entered Employment Rate
Retention Rate
Average Earnings
2012 - 2013
Negotiated 2012 - 2013 Performance
Performance Level Actual Success Rate
61.1% 70.00% 114.56%
75.5% 80.20% 106.25%
$11,800 $11,116 94.20%
2012 - 2013
Negotiated 2012 - 20 13 Performance
Performance Level Actual Success Rate
58.9% 63.19% 107.28%
83.0% 88.46% 106.58%
$14,000 $14,162 101.16%
The City's total WIA allocation for PY 2013-2014 is $3,219,780, comprised of $1,181,097 for
Adults, $807,310 for Dislocated Workers, and $1,231,373 for Youth programs. Additionally, the
City received $193,792 in Rapid Response funds to serve Santa Ana businesses who are laying
off or have announced plant closures. The PY 2013-2014 allocation is a 12.74 percent decrease
from the previous year's allocation with sequestration being 9 percent of the overall reduction.
A participant plan and budget for PY 2013-2014 are attached for your review as Exhibits 2 and 3.
Staff, along with the Workforce Investment Board Executive Committee, is recommending that the
Santa Ana W/O/R/K Center continue to operate as the comprehensive One-Stop for Santa Ana for
PY 2013-2014.
FISCAL IMPACT
Funds are available in the Workforce Investment Act grant accounts (account nos. 12318xxx -
various.)
APPROVED AS TO FUNDS AND ACCOUNTS:
? Nzss%r ) Yh]z a ? )
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
N F/DS/kg
Exhibits: 1. Memorandum of Understanding
2. Participant Plan for PY 2013-14
3. Budget PY 2013-14
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Community Development Agency
EXHIBIT 1
EXTENSION OF
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SANTA ANA, COMMUNITY DEVELOPMENT AGENCY
(WORK CENTER)
AND THE SANTA ANA WORKFORCE INVESTMENT BOARD
PARTIES: This Extension of Memorandum of Understanding ("MOU") is hereby
entered into on , 2013, 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 responsibilities at the WORK 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
WORK Center's approved annual budget and participant plans. The term of this
Agreement shall cover Program Year 2013-2014.
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") 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 2013-14 for the
formula funds.
V. 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.
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VI. 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.
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 WORK 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 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.
IX. 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.
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
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.
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.
XIII. MODIFICATION/TERMINATION: This MOU, along with all exhibits hereto,
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
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the 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.
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 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 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 WORK
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 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
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discovery. The DOL and its representative(s) 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 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.
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All parties are in agreement with this Extension of Memorandum of Understanding and will
implement it as herein stated.
ATTEST:
By
CITY OF SANTA ANA
Maria D. Huizar David Cavazos
Clerk of the Council 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:
Nancy Fong, AICP
Interim Executive Director
Community Development Agency
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EXHIBIT 2
WIA Local Plan Program Year 2013-14
Title IB Participant Plan Summary
WIA 118,20 CFR 661.350(a)(13); TEGL 17-05
Plan the number of individuals that are in each category.
Totals for PY 2013 07/01/13 through 06/30/14 ADULT DW YOUTH
1. Registered Participants Carried in from PY 2012 110 150 7
2. New Registered Participants for PY 2013 210 120 128
3. Total Registered Participants for PY 2013 (Line 1 plus 2) 320 270 135
4. Exiters for PY 2013 240 160 130
5. Registered Participants Carried Out to PY 2014 (Line 3 minus 4) 80 110 5
PROGRAM SERVICES
6. Core Self Services 2,438 1,625
7. Core Registered Services 210 120
8. Intensive Services 160 72
9. Training Services 53 29
YOUTH MEASURES
10. Attainment of a Literacy and/or Numeracy Gain 66
11. Attainment of a High School Diploma, GED, or Certificate 81
EXIT STATUS
12. Entered Employment 144 96
12A. Train in -related 17 14
13. Remained with Layoff Employer
14. Entered Military Service
15. Entered Advanced Training
16. Entered Postsecondary Education
17. Entered A renticeshi Program
18. Returned to Secondary School
19. Exited for Other Reasons
Santa Ana LWIA
Local Workforce Investment Area
Contact Person, Title Telephone Number Date Prepared
Sandra Gottlieb, Acting Economic Development Manager 714-647-6585 J
Comments:
FWSD12-14C DRAFT Page 1 of 1 5/13
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WIA Local Plan Program Year 2013-14 EXHIBIT 3
Title IB Budget Plan Summary'
(Adult )
WIA 118; 20 CFR 661.350(a)(13)
PROGRAM TYPE for PY 2013-14, beginning 07/01/13 through 06/30/14
0 Grant Code 201/202/203/204 WIA IB-Adult
? Grant Code 501/502/503/504 WIA IB-Dislocated Worker
PUNDINWIDENTIF.ICATION K386XXX Sub rant K4--XXX Sub rant
1. Year of Appropriation 2012-13 2013-14
2. Formula Allocation 1,372,608 1,181,097-
3. Allocation Adjustment - Plus or Minus
4. Transfers - Plus or Minus 350,000)
5. TOTAL FUNDS AVAILABLE (Lines 2 thru 4) 1,022,608 1,181,097
TOTAL AL?DCATIQN COST CATEGOR . PLAN:
6. Program Services (sum of Lines 6.A thru 6.E) 920,348 1,062,987
A. Core Self Services
B. Core Registered Services 29,167 31,331
C. Intensive Services 316,004 343,797
D. Training Services 287,640 236,910
E. Other 287,537 450,950
7. Administration (Line 5 minus 6) 102,260 118,110
8. TOTAL (Line 6 plus 7) 1,022,608 1,181,097
QUARTERLYTOTAL EXPENDITURE(PLAN;:(cumulativefrom,Jul 1, 20112 and Jul 1, 2013 respectively)
9. September 2012 40,983 "
10. December 2012 118,867
11. March 2013 201,479
12. June 2013 567,992
13. September 2013 863,266
14. December 2013 1,022,608 135,932
15. March 2014 431,206
16. June 2014 726,480
17. September 2014 840,134
18. December 2014 953,788
19. March 2015 1,067,442
20. June 2015 1,181,097
COST COMPL%ANCE,,PL,AN (maximum'10%
21. % for Administration Expenditures (Line 7/1-ine 5) 10% 1D%
Santa Ana
Local Workforce Investment Area
Contact Person, Title Telephone Number Date Prepared
1 Refer to 20 CFR Part 667.160 and WIA Directive WIAD01-10 for guidance and information regarding local area obligation rates,
and recapture and reallocation policies and procedures.
FWSD12-14D Page 1 of 1 5/13
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WIA Local Plan Program Year 2013-14
Title IB Budget Plan Summary'
(Dislocated Worker)
WIA 118; 20 CFR 651.350(a)(13)
PROGRAM TYPE for PY 2013-14, beginning 07/01113 through 06/30/14
[:] Grant Code 201/202/203/204 WIA IB-Adult
Ll Grant Code 501/502/503/504 WIA IB-Dislocated Worker
FUNDING 1 NTIFIGATION ,` ; K386XXX Sub grant K4--W Sub rant
1. Year of Appropriation 2012-13 2013-14
2. Formula Allocation 901,162 807,310
3. Allocation Adjustment - Plus or Minus
4. Transfers - Plus or Minus 350,000
5. TOTAL FUNDS AVAILABLE (Lines 2 thru 4) 1,251,162 807,310
TOTAL AhLOCATI'ON COST.CATEGO.RY,'PLAN-
6. Program Services (sum of Lines 6.A thru 6.E) 1,126,046 726,579
A. Core Self Services
B. Core Registered Services 25,866 26,689
C. Intensive Services 280,846 295,827
D. Training Services 499,353 161,775
E. Other 319,981 242,288
7. Administration (Line 5 minus 6) 125,116 80,731
8. TOTAL (Line 6 plus 7) 1 1,251,162 807,310
QUARTERLY TOTAL EXPENDITURE PLAN cumulative fifom Jul ' 1 20121and Jul 1, 2013 res ectivel )
9. September 2012 132,426
10. December 2012 490,155
11. March 2013 809,041
12. June 2013 901,162
13. September 2013 1,251,162 121,097
14. December 2013 435,947
15. March 2014 605,483
16. June 2014 807,310
17. September 2014
18. December 2014
19. March 2015
20. June 2015
COST GONJ -L'IANCE PktAN; (maximum'll0%) - , .
21. % for Administration Expenditures (Line 7/1-ine 5) 10% 10%
Santa Ana
Local Workforce Investment Area
Contact Person, Title Telephone Number Date Prepared
Comments:
1 Refer to 20 CFR Part 667.160 and WIA Directive WIAD01-10 for guidance and information regarding local area obligation rates,
and recapture and reallocation policies and procedures.
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