HomeMy WebLinkAboutWORK CENTER AND WORKFORCE INVESTMENT BOARDMEMORANDUM 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 Memorandum of Understanding ("MOU") is hereby entered into by
and between the City of Santa Aria, Community Development Agency, and its
W/O/R/K Center ("W/OIRJK Center") a One -Stop Operation, and the Santa Aria
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.
[L 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 patty with thirty days written notice to
the other party. A copy of the minutes from the SAWIB meeting regarding the
continuation of this MOU shall be attached to this agreement along with a copy of the
W/O/RJK Center's approved annual budget and participant plans.
Ill. PURPOSE: The purpose of this Agreement is for the Santa Ana W/O/R/K Center to
provide a comprehensive One -Stop Center in response to the "Request for
Proposals/Business Plans for One -Stop Service Center in Santa Ana" ("R17P")
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/0/R/K Center partners which include the Employment
Development Department, Orange County Social Services Agency, Rancho Santiago
Community College District, Santa Aria Unified School District, Goodwill Industries,
Santa Aria College, State Department of Rehabilitation, Boys & Girls Club of Santa
Aria, City of Santa Ana Economic Development Department, ROP programs and
several other agencies, shall provide the conuriunity 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.
V. AUDI] The W/O/W.K. Center agrees that if it receives Three Hundred Thousand
1�
Dollars ($300,000.00) or more in federal funds, it shall ensure that the City of Santa
Aria includes the W/O/R/K Center in its annual audit which shall be conducted by a
I
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/WK 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 W/OIR/K Center for the operation of the One -Stop Service Center each funding
cycle. The W/O/R/K Center's Business Plari/Proposal shall remain in effect until
such time as the SAWIB selects a different one-stop operator.
VIII. MONITORING/O)VERSIGHT: 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.
1X. PERFORMANCE GOALS: SAWIB shall establish annual performance goals for
the W/O/R/IC 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, the
W/O/RIK Center will conduct an annual Business Forum to obtain input on current
met or unmet employment and training needs. These Business Forums will ensure
that outreach and marketing efforts are meeting the needs of the local businesses.
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
2
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 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. s
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 doctunents 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 WEB
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/RA,,' Center.
3
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
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
"Govermnental 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 16589).
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
SAWE3 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;
9
(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 Memorandum of Understanding and will implement it as
herein stated.
Cynthia J. Mclson, De5uty City Manager
for Development Services
City of Santa Ana
110
141d'��
Date
to
Michael Hood, Chair --- Date
Santa Ana Workforce Investment Board
APPROVED AS TO FORM:
Joseph Fletcher, City Attorney
BY. Lisa E. Storck
Assistant City Attorney
5
EXHIBIT 1
WIA BUDGET PLAN SUMMARY PY 08-09
Comments:
• Both EDD and the WORK Center are required to track and report their funds separately
under the integration plan. Therefore, this funding plan only covers WIA funded
activities at the WORK Center even though the participant plan incorporates the joint
efforts of both WIA and EDD staff.
9-02-08
Dislocated
Rapid
Adult
Workers
Youth
Response
AIIOcatl0h
Cost
Totals
.elan T
1. Program Services
Total (A+B+C+D+E)
1,133,237
576,447
254,757
228,120
2,192,561
A. Core Self -Services
B. Core Registration
Services
140,370
63,287
u
203,657
C. Intensive Services
561,477
253,150
814,627
D. Training Services
207,520
168,570
376,090
E. Other
223,870
91,440
254,757
228,120
798,187
2. Administration
(not to exceed arra.
67,776
10,313
78,089
ap ed by WM)
TOTAL (1+2)
1,201,013
586,760
254,757
228,120
2,270,650
�xpendrture flan
1. September 2008
420,355
234,704
63,689
57,000
2. December 2008
600,507
352,056
127,378
114,060
3. March 2009
960,810
510,481
191,068
171,060
4. June 2009
1,201,013
586,760
254,757
228,120
Comments:
• Both EDD and the WORK Center are required to track and report their funds separately
under the integration plan. Therefore, this funding plan only covers WIA funded
activities at the WORK Center even though the participant plan incorporates the joint
efforts of both WIA and EDD staff.
9-02-08
5-12-08
ADULT PARTICIPANT
PLAN PY 05-09
1?IfQG>iAN ,SEVTC PLAN
Sept 2008 `Dec
2008
Mar 2009,..
1. TOTAL PARTICIPANTS
(Lines 2+3)
1050
2100
3360
4200
2. Participants Carried -In
30
30
30
30
3. New Participants
1020
2070
3330
4170
EXIT STATVS
P 2008
Mar 2009
...
4. Core Self -Service
1050
2100
3360
4200
5. Core Services (Registered)
945
1890
3024
3780
6. Intensive Services
850
1701
2721
3402
7. Training Services
40
55
62
70
EXIT STATVS
P 2008
Mar 2009
...
8. Total Exiters (9+12)
735
1470
2352
2940
9. Entered Employment
441
882
1411
1764
10. Training Related
12
16
26
33
11. Entered Postsecondary/ Advanced/
N/A
NIA
NIA
NIA
Credential Program
NIA
NIA
N/A
NIA
12. Exited for Other Reasons
294
588
940
1176
DISLOCATED WORKER PARTICIPANT PLAN
PY 05-09
PR�RNLSERYICE PLAN,;.
P 2008
Mar 2009
...
2. TOTAL PARTICIPANTS
(Lines 2+3)
450
900
1440
1800
2. Participants Carried -In
49
49
49
49
3. New Participants
401
851
1391
1751
ACTIyITY. PLAN,';.
111
4. Core Self -Service
450
900
1440
1800
5. Core Services (Registered)
405
810
1296
1620
6. Intensive Services
364
729
1166
1458
7. Training Services
40
50
55
62
Note: This plan reflects the anticipated participant service levels under the integration plan in
both core and intensive activities.
111
8.
Total Exiters (9+12)
315
630
1008
1260
9.
Entered Employment
189
378
605
756
10,
Training Related
8
13
17
22
12.
Entered Postsecondary/ Advanced/
NIA
NIA
N/A
NIA
Credential Program
12.
Exited for Other Reasons
126
252
403
504
Note: This plan reflects the anticipated participant service levels under the integration plan in
both core and intensive activities.
REQUEST FOR : A
COUNCIL ACTION
NOW
CITY COUNCIL MEETING DATE:
SEPTEMBER 2, 2008
TITLE:
ONE-STOP OPERATOR FOR PROGRAM YEAR
2009-2009
CITY MANAG�R
RECOMMENDED ACTION
C,_4T "ec—
to
22,
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s1 Reading
❑ Ordinance on 2"d Reading
❑ implementing Resolution
❑ Set PuMc Nearing For
CONTINUED TO
FILE NUMBER
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 2008-2009.
WORKFORCE INVESTMENT BOARD ACTION
At its regular meeting of May 9, 2008, by a vote of 21:0 (Beasley,
Campanelli, Gebre, Lacroix, Metzler, Novelo, Sanchez, Wadhera, Ward, and
Zarate absent and Chen -Lee abstained), the Workforce Investment Board
recommended approval of the Santa Ana WORK Center as the comprehensive
One -Stop and requested a budget and participant plan be submitted by May
12, 2008.
nTPnTrssznN
The Santa Ana WORK Center was grand --fathered in as Santa Ana's
comprehensive One -Stop in June 2000. The following year a full
procurement process was conducted and the Santa Ana WORK Center was
awarded the contract in ,Tune 2001. A Memorandum of Understanding between
the Santa Ana WORK Center and the Workforce Investment Board (WIB) was
approved by the WIB in January 2002. The WIB evaluates the performance
of the Santa Ana WORK Center on an annual basis and has determined it to
be "above average" and is, therefore, requesting City Council to extend
its agreement for the program year 2008-2009.
The WORK Center is primarily responsible for Adult and Dislocated Worker
Programs as well as Rapid Response/Business Services activities. The
performance results for the Santa Ana WORK Center are reported to the
Board on an annual basis with quarterly updates provided as the data
25J-1
One -Stop Operator for PY 2008-09
September 2, 2008
Page 2
becomes available throughout the year. Santa Ana met or exceeded all of
.its performance goals for Program Year 2006-07 as documented below:
Adults
Entered Employment Rate
Retention Rate
Credential Rate
Average Earnings
Dislocated Workers
Entered Employment Rate
Retention Rate
Credential Rate
Average Earnings
Proposed Goal
Actual
78.9%
85.6%
81.6%
84.5%
58.0%
73.3%
$11,900
$12,271
Proposed Goal
Actual
78.7%
79.5%
64.0%
92.2%
67.0%
69.5%
$14,000
$13,531
Staff is recommending that the WORK Center continue to operate as the
comprehensive One -Stop for ,Santa Ana for PY2008-09. The Memorandum of
Understanding is attached as Exhibit 1.
FISCAL, IMPACT
There is no fiscal impact associated with this action.
4mi
9&U�
Cynthia J. Net on
Deputy City Manager for Development Services
Community Development Agency
090208 one-stop