HomeMy WebLinkAbout25A - AGMT - WORK CENTER PARTNERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JULY 16, 2019
TITLE:
APPROVE A MEMORANDUM OF
UNDERSTANDING WITH CO -LOCATED
PARTNER ORGANIZATION HOME
OWNERSHIP OC AT THE WORK CENTER
AND AUTHORIZE REIMBURSEMENT
FROM PARTNER IN THE ESTIMATED
AMOUNT OF $22,117 FOR TERM
EXPIRING JUNE 30, 2022
(STRATEGIC PLAN NO. 2,4)
A �
CITY M NAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2na Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Authorize the City Manager and Clerk of the Council to execute a Memorandum of
Understanding with the Santa Ana Workforce Development Board and Home Ownership
OC, which outlines the sharing of resources and expenses associated with the operations
of a comprehensive one stop center for a term beginning August 1, 2019 to June 30, 2022
in the estimated amount of $22,117, subject to non -substantive changes approved by the
City Manager and City Attorney.
2. Authorize the City Manager and Clerk of the Council to execute non -substantive
amendments such as adjustments of shared operational expenses during the term of the
Memorandum of Understanding.
WORKFORCE DEVELOPMENT BOARD RECOMMENDATION
At its regular meeting on May 16, 2019, by a vote of 13:0 (Alegre, Baetz, Korthuis, and Smith
absent) the Workforce Development Board approved the recommended action.
Under the Workforce Innovation and Opportunity Act (WIOA) local workforce boards, with the
agreement of the local elected body, are responsible for developing a Memorandum of
Understanding (MOU) with each of the America's Jobs Center of California (AJCC) partners to
identify shared services, resources, and share in the operational costs of the WORK Center
(AJCC). The law envisions that the local board will act as both the convener of the MOU
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MOU with Home Ownership OC at the WORK Center
July 16, 2019
Page 2
negotiations as well as to provide oversight of how the One Stop services are delivered within the
local area.
Home Ownership OC, a 501(c)(3) non-profit organization expressed an interest to enter into an
MOU and co -locate with the WORK Center (219 Square Feet). The organization focuses on
providing free foreclosure prevention programs. Programs include credit and budget coaching,
homebuyer coaching, foreclosure prevention and post purchase coaching. These services
complement the WORK Center's current workforce programs specifically by counseling laid -off
workers who are concerned about making mortgage payments while unemployed.
The MOU will have an effective date of August 1, 2019. Billing for rent and infrastructure costs
will commence upon approval by City Council. Under the terms of the master lease, the base
rent is scheduled to increase annually three percent. Recurring infrastructure expenses such as
telephone, photocopier rental equipment and in -suite security will be evaluated annually with
increased costs shared by the on -site partners based on the allocation method identified in the
MOU. This action will give the City Manager authority to approve non -substantial amendments to
the MOU's such as adjustments to the shared costs that may arise during the three-year MOU
term.
The chart below reflects the shared occupancy by Home Ownership OC and their financial
contributions to run the center:
Partner Organization
Sq. Ft. of
Year 1 Contribution 1
Occupancy
(Rent, equipment and infrastructure)
Home Ownership OC
1.13%
$6,781
' Year 1 contribution rounded to nearest dollar and based on assumption of a move in date of August 1, 2019 — June 30, 2020. it
also includes share of initial infrastructure costs prepaid by the City in FY 2017-18.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #2 Youth Education, Recreation, to
objective #4 (Partner with groups and organizations to promote education, senior services, job
training and development for all Santa Ana residents).
FISCAL IMPACT
The City Council approved the master lease agreement for the office space at 801 W. Civic
Center Drive on October 3, 2017. Additionally, in FY 2017-18, the WORK Center paid all the
initial infrastructure costs necessary to prepare the new center for occupancy. On May 7, 2019,
the City Council approved the first amended and restated Phase II Memorandum of
Understanding with co -located partner organizations at the WORK Center and authorized
reimbursement from partners in the estimated amount of $1,280,530.
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MOU with Home Ownership OC at the WORK Center
July 16, 2019
Page 3
The table below reflects the additional estimated contribution amounts to be received from Home
Ownership OC for the duration of the MOU. The partner organization will be invoiced for their
share of the AJCC monthly operations and the funds will be deposited upon receipt into the
following accounts:
Account No.
Account Description
FY 19-20
FY 20-21
FY 21-22
TOTAL
12318002-57960
WIOA Revenues: Rental of Property
$5,460
$6,135
$6,319
$17,914
12318751-various
One Stop Program: Various
1,035
1,130
1,130
3,295
02518002-57000
CDA Special Revenue: Expense
Reimbursement
250
272
272
794
12318002-57000
WIOA Revenues: Expense
Reimbursement
36
39
39
114
TOTAL
$6,781
$7,576
$7,760
$22,117
Amounts rounded to nearest dollar
The amounts may be subject to change upon execution of amendments to the Memorandum of
Understanding with the partners.
APPROVED AS TO FUNDS AND ACCOUNTS:
Steven A. Mendoza Kathryn Downs, CPA (b
Executive Director Executive Director F-+.S bras
Community Development Agency Finance and Management Services Agency
Exhibit: 1. Memorandum of Understanding — Home Ownership OC
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EXHIBIT 1
Memorandum of Understanding
For
Santa Ana Workforce Development Board
and the
-Home Ownership OC
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MEMORANDUM OF UNDERSTANDING
1) LEGAL AUTHORITY
The Workforce Innovation and Opportunity Act ("WIOA') see. 121(c)(1) requires that each Local
Workforce Development Area develop and enter into a Memorandum of Understanding (
"MOU") with each America's Job Center of California ("AJCC") Partner, consistent with WIOA
Sec. 121(c)(2). This requirement is further described in the WIOA; Joint Rule for Unified and
Combined State Plans, Performance Accountability, and the AJCC System Joint Provisions: Final
Rule at 20 CFR 678.500, 34 CFR 361.500, and 34 CFR 463.500, and in Federal guidance.
Additionally, the sharing and allocation of infrastructure costs among AJCC Partners is governed
by WIOA sec. 121(h), its implementing regulations, and the Federal Cost Principles contained in
the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards (Uniform Guidance) at 2 CFR part 200.
2) PARTIES
The parties to this MOU are the City Council of the City of Santa Ana, the Santa Ana Workforce
Development Board ("SAWDB'J, and the Home Ownership:OC, a collocated one -stop AJCC
Partner located at the Santa Ana WORK Center, 801 W. Civic Center Drive, Suite 200, Santa Ana,
CA 92701.
3) PURPOSE
The purpose of the MOU is consistent with the provisions of WIOA sec. 121(c)(1), to establish a
cooperative working relationship between the SAWDB and Home Ownership OC, the collocated
AJCC Partner, and to define their respective roles and responsibilities concerning the operation of
the AJCC as it relates to shared services and customers. It serves to establish the framework for
providing services to employers, employees, job seekers and others needing workforce services. It
also serves to establish a framework to support the established service delivery through the sharing
of resources and costs.
4) DURATION
This MOU shall become effective as of the date of full execution of the MOU by all Parties
("Effective Date') and terminate -June 30, 2022.
This MOU will be reviewed not less than once every three years to ensure appropriate funding and
delivery of services and to identify any substantial changes that require modification of this MOU.
This MOU will remain in effect until the termination date, unless one of the conditions in section
32 occurs.
5) MODIFICATIONS AND REVISIONS
This MOU and its Attachments 1, 2, 3, 3-1, 4, and 5 constitute the entire agreement between the
parties, and no oral understanding not incorporated herein shall be binding on any of the parties
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hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the
parties, by the issuance of a written amendment, signed and dated by the parties, which may require
approval by the governing body of each Parry. Assignment of responsibilities under this MOU by
any of the parties shall require prior written notice and preapprovak of all parties. Any assignee
shall also commit in writing to the terms of this MOU.
6) SANTA ANA WORKFORCE DEVELOPMENT STRATEGIES
Santa Ana's vision rests on integrating current and future resources through its SAWDB Partners.
Integrationsuggests more than partnering or assembling multiple funding sources. It means
making certain that all elements of the workforce support system work together to create inviting
and seamless services wherever a client enters the system. Santa Ana's vision is sensitive to the
needs of its unique demographics. The SAWDB's overall strategies include:
a) Identifying regional industry clusters (e.g., manufacturing cluster, medical cluster, etc.) to
create new jobs in which Santa Ana's workforce can participate;
b) Expanding small business development support as a creator of new jobs and method for
growing the local tax base;
c) Educating Santa Ana's current and future workforce through classroom pre -training and
training activities, plus on-the-job training and workforce skill enhancement activities;
d) Offering career pathway programs for both unemployed and employed adults and youth;
e) Increasing access to jobs for disconnected and underserved populations, especially youth;
f) Organizing, integrating and supporting social and other services through the SAWDB's
network of partnerships, volunteer organizations, and established institutional resources;
and,
g) Assuring funding from all public, private, and other sources in support of its programs.
7) ONE -STOP SYSTEM & SERVICES
A. LOCATION
The AJCC is currently located in Santa Ana as follows:
American Job Center (Comprehensive AJCC)
Santa Ana WORK CENTER
801 W. Civic Center Drive, Suite 200
Santa Ana, CA 92701
(714) 565-2600
Open to the Public: Monday — Friday 8:00 am-5:00 pm
The AJCC is currently located at the Santa Ana WORK Center (" SAWC'J as described in the
Location of AJCC and all Partners, attached herein as Attachment 1 and incorporated herein by
reference. Santa Ana ranks as the fourth densest city in the entire nation. SAWC, through its central
location in downtown Santa Ana, shall provide and/or coordinate WIOA services to individuals,
providing them with the necessary skulls to participate in building a world -class workforce in Santa
Ana. The SAWC offers the community a variety of informational, employment and training
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services based on individual needs. Those needs are met by the combined efforts of the SAWC
Partners as described by the Santa Ana AJCC Partner Services, included herein as Attachment 2
and incorporated herein by reference.
IEL SERVICES PROVIDED AT THE SANTA ANA WORK CENTER
Services and referrals provided at the SAWC by AJCC Partners may include, but are not limited
to, the following:
1. Basic Career Services:
a. Eligibility determination;
b. Outreach, intake, and orientation to information and services;
c. Initial assessment of skill levels, including: literacy, numeracy, and English
proficiency; and, aptitudes, abilities, and support service needs;
d. Labor exchange services, including:
i. Job vacancy listings in labor market areas;
ii. Information on job skills needed to obtain the vacant jobs; and,
iii. Information relating to in -demand occupations, including earnings and
opportunities for advancement;
e. Provision of performance and program cost information on the Eligible Training
Provider List ("ETPL") eligible programs by program and type of provider
f. Provision of information in acceptable formats and languages that identify actual
performance against performance accountability measures
g. Provision of information related to support services
h. Provision of information and assistance in filing Unemployment Insurance claims;
and,
i. Assistance in establishing eligibility for programs of financial aid assistance for
training and education programs not funded through WIOA.
2. Individualized Career Services:
a. Comprehensive and specialized assessment of skill levels and service needs
including: Diagnostic testing; and, other assessment tools;
b. In-depth interview and evaluation to determine barriers and goals;
c. Development of Individual Employment Plan (IEP) to identify goals, objectives,
and services;
d. Group counseling;
e. Individual counseling;
f. Career planning;
g. Short-term pre -vocational services, including: development of learning skills;
communication skills; and, other soft skills to prepare individuals for employment
or training;
h. Workforce preparation activities, including: basic academic; and, obtaining other
skills necessary for successful transition into postsecondary education, training or
employment;
i. Financial literacy services; and,
j. Out -of -area job search assistance and relocation assistance.
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3. Training Services:
a. Occupational skills training;
b. On -the -Job training;
c. Incumbent worker training;
d. Programs that combine workplace training with related instruction, which may
include cooperative education programs;
e. Training programs operated by the private sector,
f. SkilI upgrading and retraining;
g. Entrepreneurial training programs;
h. Transitional jobs;
i. Job readiness training provided in combination with any of the aforementioned
training Services;
j. Adult education and literacy activities, including: activities of English language
acquisition; and, integrated education and training programs provided concurrently
or in combination with any of the aforementioned training services;
k. Customized training;
1. Internships and work experiences that are linked to careers; and,
m. English language acquisition and integrated education and training program.
4. Employer Services:
a. Recruitment and other business services on behalf of employers.
C. SYSTEM STRUCTURE
1. AJCC ONE -STOP OPERATOR PROCUREMENT
The SAWDB will procure the AJCC Operator through a competitive process in accordance with
the Uniform Guidance Cost Principles contained in the Uniform Administrative Requirements,
Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 (Uniform
Guidance), including the Office of Management and Budget's (OMB) approved exceptions for the
U.S. Department of Labor at 2 CFR part 2900, WIOA and its implementing regulations, and local
procurement laws and regulations. All documentation for the competitive AJCC operator
procurement will be available for public inspection. The State requires that the AJCC operator is
re -competed at least every three years and no later than every four years.
2. ROLES AND RESPONSIBILITIES OF PARTIES
a. Provision of Applicable Career Services and Participation in Planning and Development:
The parties to this MOU will work closely together to ensure that the AJCC is a high -performing
work place with staff that ensure quality of service. The AJCC Partner has indicated they shall
provide an array of applicable career services to clients as set forth in the Santa Ana AJCC Partner
Services. The AJCC Partner agrees to the responsibilities required of all Partners under WIOA
Section 121(b). In addition, the AJCC Partners will participate in joint planning, plan development,
and modification of activities to accomplish the following:
i. Continuous partnership building;
ii. Continuous planning in response to state and federal requirements; and,
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iii. Responsiveness to local and economic conditions, including employer needs.
Parties agree to the co -enrollment of mutual customers in case management to better leverage the
resources available for the benefit of the participant and enhance successful outcomes and
participate in the operation of the one -stop system consistent with the terms of the MOU and
requirements of authorized laws. Both parties agree to inform each other immediately when a
customer violates an established policy that would require them to he banned from the center or
behavior that requires police intervention.
Parties agree to collaborate and reasonably assist each other in the development of necessary
service delivery protocols for the services outlined in this MOU.
Parties agree that the provisions contained herein are made subject to all applicable federal and
state laws, implementing regulations, and guidelines imposed on either or all the parties relating
to privacy rights of customers, maintenance of records, and other confidential information relating
to customers.
Parties agree that all equipment and furniture purchased by any party for purposes described herein
shall remain the property of the purchaser after the termination of this MOU.
b. Partles shall comply with:
i. Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR
Part 38; Final Rule, published December 2, 2016);
ii. Title VI and VII of the Civil Rights Act of 1964 (Public Law 88-352), as amended;
iii. Section 504 of the Rehabilitation Act of 1973, as amended;
iv. The Americans with Disabilities Act of 1990, as amended;
V. The Jobs for Veterans Act (Public Law 107-288) pertaining to priority of service in
programs funded by the U.S. Department of Labor;
vi. Training and Employment Guidance Letter (TEGL) 37-14, Update on Complying with
Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender
Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the
Workforce Development System and other guidance related to implementing WIOA sec.
188;
vii. The Non-traditional Employment for Women Act of 1991;
viii. The Age Discrimination Act of 1967, as amended;
ix. The Age Discrimination Act of 1975, as amended;
x. Title DX of the Education Amendments of 1972, as amended;
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xi. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR
part 99);
xii. Title IX of the Education Amendments of 1972, as amended;
xiii. Confidentiality requirements governing the protection and use of personal information held
by the VR agency (34 CFR 361.38);
xiv. The confidentiality requirements governing the use of confidential information held by the
State UI agency (20 CFR part 603); and, .
xv. All amendments to each, and all requirements imposed by the regulations issued pursuant
to these acts.
The Parties agree to inform each other immediately when a customer violates an established policy
that would require them to be banned from the center or activity that requires policy intervention.
8) COLLOCATED AJCC PARTNER RESPONSIBILITIES
Partner commits to collocation of staff, as appropriate, and to providing other professional learning
opportunities that promote continuous quality improvement. Partner will further promote system
integration to the maximum extent feasible through:
a. Effective communication, information sharing, and collaboration with the AJCC operator;
b. Joint planning, policy development, and system design processes;
c. Commitment to the joint mission, vision, goals, strategies, and performance measures;
d. The design and use of common intake, assessment, referral, and case management
processes;
e. The use of common and/or linked data management systems and data sharing methods, as
appropriate;
f. Leveraging of resources, including other public agency and non-profit organization
services;
g. Participation in a continuous improvement process designed to boost outcomes and
increase customer satisfaction; and
h. Participation in regularly scheduled Partner meetings to exchange information in support
of the above and encourage program and staff integration.
Partner shall provide applicable career services to clients as set forth in the Santa Ana AJCC
Partner Services.
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9) REFERRALS
The primary principle of the referral system is to provide integrated and seamless delivery of
services to workers, job seekers, and employers. In order to facilitate such a system, Partners will
ensure and agree to;
a. Familiarize themselves with the basic eligibility and participation requirements, as well as
with the available services and benefits offered, for each of the Partners' programs
represented in the AJCC network;
b. Develop materials summarizing their program requirements and making them available for
Partners and customers;
c. Develop and utilize common intake, eligibility determination, assessment, and registration
forms, as appropriate;
d. Provide substantive referrals to customers who are eligible for supplemental and
complementary services and benefits under Partner programs;
e. Regularly evaluate ways to improve the referral process, including the use of customer
satisfaction surveys;
f. Commit to robust and ongoing communication required for an effective referral process;
g. Commit to actively follow up on the results of refetrals and assuring that Partner resources
are being leveraged at an optimal level;
h. Ensure that intake and referral processes are customer -centered with the intent to provide
high quality customer service;
i. Ensure that general information regarding AJCC programs, services, activities, and
resources shall be made available to all customers as appropriate;
j. Ensure that referrals will be made via email or other electronic means;
k. Ensure that referrals will include a direct link or access to other AJCC Partner staff that
can provide meaningful information or service, through the use of co -location, or real-time
technology (two-way communication and interaction with AJCC Partners that results in
services needed by the customer); and,
1. Ensure that the referral process will include specific staff name, the activity required,
desired outcome and a method for communicating back to the referring agency that the
service need was addressed.
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10) SUPERVISIONMAY TO DAY OPERATIONS
a. Day -to -Day Supervision
The day -today supervision of staff assigned to the AJCCs will be the responsibility of the site
supervisor(s). Partner will continue to set the priorities of its staff assigned to the AJCC. Any
change in work assignments or any concerns involving the responsibilities of the parties which
occur at the worksite will be handled by the site supervisor(s) and Partner management.
b. Santa Ana WORK Center Hours of Operation
The SAWC is open for business: Monday through Friday from 8:00 am until 5:00 pm.
c. Partner Staff Office Hours
The office hours for Partner staff at the AJCC will be established by the Partner. All Partner staff
will comply with their corresponding holiday schedule and will provide a copy of their holiday
schedule to the SAWDB and SAWC at the beginning of each fiscal year.
d Building Accessibility
All Partner staff assigned to the SAWC.will be issued an access card to SAWC suite 200 and a
parking lot pass that allows them to enter and exit the parking lot. It is all individual staffs
responsibility to keep them secure. Should they damage or lose them they can be replace by the
SAWDB at the expense of the individual agency staff.
e. Benefits
Each party shall be solely liable and responsible for providing to, or on behalf of, its employee(s),
all legally -required employee benefits. In addition, each party shall be solely responsive and hold
all other parties harmless from all matters relating to payment of each party's employee(s),
including compliance with social security withholding, workers' compensation, and all other
regulations governing such matters.
11)AJCC OPERATING BUDGET
The purpose of this section is to establish a financial plan, including terms and conditions, to fund
the services and operating costs ofthe local AJCC. The parties to this MOU agree that joint funding
is a necessary foundation for an integrated service delivery system. The goal of the operating
budget is to develop a funding mechanism that:
a. Establishes and maintains the Local workforce delivery system at a level that meets the
needs of the job seekers and businesses in the Local area;
b. Reduces duplication and maximizes program impact through the sharing of services,
resources, and technologies among Partners (thereby improving each program's
effectiveness);
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c. Reduces overhead costs for any one Partner by streamlining and sharing financial,
procurement, and facility costs;
d. Ensures that costs are appropriately shared by AJCC Partners by determining contributions
based on the proportionate use of the AJCC centers and relative benefits received, and
requiring that all funds are spent solely for allowable purposes in a manner consistent with
the applicable authorizing statutes and all other applicable legal requirements, including
the Uniform Guidance; and,
e. All parties will meet and confer regarding replacement, acquisition, cleaning and
maintenance of furnishings.
The parties consider this AJCC operating budget the master budget that is necessary to maintain
the SAWDB's high -standard AJCC. It includes the following cost categories, as required by
WIOA and its implementing regulations:
a. hnfrastructure costs (also separately outlined below in the b*astructure Funding
Agreement);
b. Career services; and
c. Shared services.
.All costs must be included in the MOU, allocated according to the AJCC Partner's proportionate
use and relative benefits received, reconciled every six (6) months against actual costs incurred,
and adjusted accordingly. The AJCC operating budget is expected to be transparent and negotiated
among Partners on an equitable basis to ensure costs are shared appropriately. All Partners must
negotiate in good faith and seek to establish outcomes that are reasonable and fair. All Partners
must adhere and reference the rules and regulations included in the executed Office Lease, attached
hereto as Attachment 5 and incorporated herein by reference.
12) INFRASTRUCTURE FUNDING AGREEMENT
The Infrastructure Funding Agreement ("IFA") contains the infrastructure costs budget that is an
integral component of the overall AJCC operating budget. The IFA is a mandatory component of
the local MOU, described in WIOA sec. 121(c) and 20 CFR 678.500 and 678.755. The IFA
contains the AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget, included
herein as Attachment 3 and incorporated herein by reference, that is an integral component of the
overall AJCC operating budget. The other component ofthe IFA is the Applicable Career Services,
attached herein as Attachment 3-1 and incorporated herein by reference, which includes the shared
operating costs and shared services. The overall AJCC operating budget includes the
Comprehensive Cost Allocation and Partner Contributions, attached herein as Attachment 4 and
incorporated herein by reference.
AJCC infrastructure costs are defined as non -personnel costs that are necessary for the general
operation of the AJCC, including, but not limited to:
a Rental of the facilities;
b. Utilities and maintenance;
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c. Equipment, including assessment -related products and assistive technology for individuals
with disabilities; and,
d. Technology to facilitate access to the AJCC, including technology used for the center's
planning and outreach activities.
Changes in the AJCC Partners or an appeal by an AJCC Partner's infiwtructure cost contributions
will require an amendment of the MOU.
13) COST ALLOCATION METHODOLOGY
The purpose of this inflastructure cost sharing methodology is to summarize, in writing, the
methods and procedures that the SAWDB will use to share costs with the AJCC Partner. The
AJCC Partner agrees. that it will be charged on a monthly basis according to the following cost
sharing methodology, and that monthly payment will be submitted within the first ten (10) calendar
days of each month.
14) INFRASTRUCTURE COST ALLOCATION METHODOLOGY
a. Rent Costs: Rent costs shall be based only on the base rent. The base rent is derived from
the total assigned square footage, calculating the percentage of usage by AJCC Partner and
applying that percentage to the common area square footage. Assigned square footage plus the
percentage of common area square footage equals total square footage for each AJCC Partner.
Total square footage for each AJCC Partner multiplied by the base rent per square foot equals total
base rent for each AJCC Partner as indicated in the AJCC Comprehensive Infrastructure Budget,
and Other System Cost Budget and the Comprehensive Cost Allocation and Partner Contributions.
The base rent has an annual increase of no more than 3% over the five-year life of the Office Lease
document (Attachment 5 attached herewith and incorporated herein by reference).
b. Utilities and Maintenance: This section includes only telephone services, which includes
voice -mail on AJCC Partners' phones. Costs for staff phones are charged based on the AJCC
Partner's assigned space. Common area phones will be charged according to space allocation.
c. Telephones: Telephone costs include the cost of purchasing and installing a new phone
system utilized by the AJCC Partners. Telephone costs are based on the actual cost for telephones
in assigned spaces. Common area telephones are allocated based on percentage of space allocation.
d. Technologv and Internet Access Costs: Installation of Network Wireless Bridge will be a
monthly charge based on costs from the vendors (see Attachment 3). The cost per AJCC Partner
is derived from the calculation of total percentage of space used by each AJCC Partner. Recurring
monthly charges for Internet, Wi-Fi and other technology charges are allocated based on the
percentage of total space allocated. Access Card System installation and programing of the key
card system, Data & Phone cabling and Switches will be a monthly charge to all collocated
Partners based on allocated space.
15) INFRASTRUCTURE CONTRIBUTIONS
The AJCC Partner may provide cash, non -cash (in- kind), and third -party in -kind contributions to
cover its share of infrastructure costs. In -kind contributions cannot be used to fund non-
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infrastructure costs (such as personnel), and must be valued consistent with Uniform Guidance
Section 200.306 to ensure such contributions are fairly evaluated and qualify for the AJCC
Partner's proportionate share.
If third -party in -kind contributions are made to support the AJCC as a whole (such as facility
space), that contribution will not count toward the AJCC Partner's proportionate share of the
infrastructure. Rather, the value of the contribution will be applied to the overall infrastructure
budget prior to determining proportionate amounts and thereby reduce the contribution required
for all AJCC Partners.
a. Cash
Cash funds provided to the SAWDB, or its designee, by AJCC Partners, either directly or by an
interagency transfer, or by a third party.
b. Non -Cash
Expenditures incurred by AJCC Partners on behalf of the AJCC; and Non -cash contributions or
goods or services contributed by a Partner program and used by the AJCC.
c. Third party In -kind
Contributions of space, equipment, technology, non -personnel services, or other like items to
support the infrastructure costs associated with AJCC operations, by a non-AJCC Partner to:
Support the AJCC in general; or, Support the proportionate share of AJCC infrastructure costs of
a specific Partner [20 CFR 678.720; 20 CFR 678.760; 34 CFR 361.720; 34 CFR 361.760; 34 CFR
463,720; and 34 CFR 463.760].
16) OTHER AJCC DELIVERY SYSTEM COSTS
In compliance with WIOA Joint Rule Section 678.760, the AJCC Partners will use a portion of
funds made available under their authorizing federal statute (or fairly evaluated in -kind
contributions) to share the additional costs relating to the operation of the One -Stop delivery
system. These costs may be shared through cash, non -cash, or third -party in -kind contributions.
As required by WSDl6-09, the amount of funds that the AJCC Partner has budgeted to expend on
applicable career services and other shared services, which cumulatively with the other AJCC
Partners budgeted amounts shall form the Comprehensive Cost Allocation and Partner
Contributions.
a. Career Services Applicable to the AJCC Partner
The AJCC Partner shall provide applicable career services to clients as set forth in the Santa Ana
AJCC Partner Services. The agreed upon Applicable Career Services Budget is set forth in
Attachment 3-1 attached hereto and incorporated herein by reference. This budget consists of the
AJCC Partner's costs for the service delivery of each applicable career service indicated in the
Santa Ana AJCC Partner Services.
b. Required Consolidated Budget for the Delivery of "Applicable Career Services"
The other system costs budget must be a consolidated budget for applicable career services. This
budget must include each of the Partner's costs for the service delivery of each applicable career
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service and a consolidated system budget for career services applicable to more than one Partner
as indicated in the Comprehensive Cost Allocation and Partner Contributions.
AJCC Partners understand that while only collocated Partners share infrastructure costs, at this
time, all AJCC Partners must share in other System costs through non -cash (in -kind)
contributions as set forth herein.
17) DATA SHARING
"Workforce Services Directive 16-23 from the Employment Development Department and the
California Workforce Development Board, mandates the use of one integrated data system.
Accordingly, all Title I Workforce Innovation and Opportunity Act (WIOA) recipients and sub -
recipients are required to be direct entry into Ca1JOBS "
Parties further agree that the collection, use, and disclosure of customers' personally identifiable
information (PII) is subject to various requirements set forth in Federal and State privacy laws.
Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all of
these requirements.
All data, including customer PII, collected, used, and disclosed by Partners will be subject to the
following:
a. Customer PII will be properly secured in accordance with the SAWDB's policies and
procedures regarding the safeguarding of PII;
b. The collection, use, and disclosure of customer education records, and the PII contained
therein, as defined under FERPA, shall comply with FERPA and applicable State privacy
laws;
c. An confidential data contained in Unemployment Insurance wage records must be
protected in accordance with the requirements set forth in 20 CFR part 603;
d. All personal information contained in Vocational Rehabilitation records must be protected
in accordance with the requirements set forth in 34 CFR 361.38;
e. Customer data may be shared with other programs, for those programs' purposes, within
the AJCC network only after the informed written consent of the individual has been
obtained, where required;
is Customer data will be kept confidential, consistent with Federal and State privacy laws and
regulations; and,
g. All data exchange activity will be conducted in machine readable format, such as HTML
or PDF, for example, and in compliance with Section 508 of the Rehabilitation Act of 1973,
as amended (29 U.S.C. § 794 (d)).
All AJCC and Partner staff will be trained in the protection, use, and disclosure requirements
governing PII and any other confidential data for all applicable programs, including FERPA-
13
25A-17
protected education records, confidential information in U1 records, and personal information in
VR records.
18) CONFIDENTIALITY
All parties expressly agree to abide by all applicable Federal, State, and local laws and regulations
regarding confidential information, including PH from educational records, such as but not limited
to 20 CFR Part 603, 45 CFR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR
361.38, as well as any applicable State and local laws and regulations.
Each party will ensure that the collection and use of any information, systems, or records that
contain PH and other personal or confidential information will be limited to purposes that support
the programs and activities described in this MOU and will comply with applicable law.
Each party will ensure that access to software systems and files under its control that contain PH
or other personal or confidential information will be limited to authorized staff members who are
assigned responsibilities in support of the services and activities described herein and will comply
with applicable law. Each party expressly agrees to take measures to ensure that no PII or other
personal or confidential information is accessible by unauthorized individuals.
To the extent that confidential, private, or otherwise protected information needs to be shared
amongst the parties for the parties' performance of their obligations under this MOU, and to the
extent that such sharing is permitted by applicable law, the appropriate data sharing agreements
will be created and required confidentiality and ethical certifications will be signed by authorized
individuals. With respect to confidential unemployment insurance information, any such data
sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to
requirements for an agreement consistent with 20 CFR 603.10, payments of costs, and permissible
disclosures.
With respect to the use and disclosure of FERPA-protected customer education records and the
PH contained therein, any such data sharing agreement must comply with all of the requirements
set forth in 20 U.S.C. § 1232g and 34 CFR Part 99.
With respect to the use and disclosure of personal information contained in VR records, any such
data sharing agreement must comply with all of the requirements set forth in 34 CFR 361.38.
19) PRESS RELEASES AND COMMUNICATIONS
All parties shall be consulted and notified prior to communicating with the press, television, radio
or any other form of media regarding its duties or performance under this MOU. Participation of
each party in press/media presentations will be determined by each parry's public relations policies.
The parties agree to utilize the AJCC logo developed by the State of California and the SAWDB
on buildings identified for AJCC usage.
14
25A-18
20) ACCESSIBIIdTY
Accessibility to the services provided by the AJCCs and all Partner agencies is essential to meeting
the requirements and goals of the local AJCC network. Job seekers and businesses must be able to
access all information relevant to them via visits to physical locations as well as in virtual spaces,
regardless of gender, age, race, religion, national origin, disability, veteran's status, or on the basis
of any other classification protected under state or, federal law.
21) NON-DISCRIMINATION AND EQUAL OPPORTUNITY
All parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination,
and they certify that no person, otherwise qualified, is denied employment, services, or other
benefits on the basis of. (i) political or religious opinion or affiliation, marital status, sexual
orientation, gender, gender identification and/or expression, race, color, creed, or national origin;
(ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (iii)
the physical or mental disability of a qualified individual with a disability.
22) GRIEVANCES AND COMPLAINTS PROCEDURE
The AJCC Partner agrees to establish and maintain a procedure for grievance and complaints as
outlined in WIOA. The process for handling grievances and complaints is applicable to customers
and Partners. These procedures will allow the customer or entity filing the complaint to exhaust
every administrative level in receiving a fair and complete hearing and resolution of their
grievance. The Partner further agrees to communicate openly and directly to resolve any problems
or disputes related to the provision of services in a cooperative manner and at the lowest level of
intervention possible. All Partners agree to inform each other immediately when a customer
violates an established policy that would require them to be banned from the center or involves
police authorities.
23) AMERICAN'S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE
The AJCC Partner agrees to ensure that the policies and procedures as well as the programs and
services provided at the AJCC are in compliance with the Americans with Disabilities Act
(" ADA') and its amendments. Additionally, the SAWDB and the AJCC Partners will ensure that
policies and procedures established by the SAWDB and the AJCC Partners are in compliance with
the ADA.
24) HOLD HARMLESS/INDEMKMCATION/LIABILITY
In accordance with provisions of Section 895.4 ofthe California Government Code, each signatory
hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU
from and against any and all claims, demands, damages and costs arising out of or resulting from
any negligent acts or omissions which arise from the performance of the obligations by such
indemnifying party pursuant to this MOU. In addition, except for Departments of the State of
California which cannot provide for indemnification of court costs and attorney's fees under the
indemnification policy of the State of California, all signatories to this MOU agree to indemnify,
defend and hold harmless each other from and against all court costs and attorney's fees arising
out of or resulting from any negligent acts or omissions which arise from the performance of the
15
25A-19
obligations by such indemnifying party pursuant to this MOU. It is understood and agreed that all
indemnity provided herein shall survive the termination of this MOU.
25)SEVERABIIdTY
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.
26) DRUG AND ALCOHOL -FREE WORKPLACE
All parties to this MOU certify they will comply with the Drug -Free Workplace Act of 1988, 41
U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving grants from
any Federal agency maintain a drug -free workplace. The recipient must notify the awarding office
if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply
with these requirements may be cause for suspension or debarment under 2 CFR part 180, as
adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor
regulations at 29 CFR part 94.
27) CERTIFICATION REGARDING LOBBYING
All parties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. Section1352), 29
C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR
200.450. The parties shall not lobby federal entities using federal finds and will disclose lobbying
activities as required by law and regulations.
28) DEBARMENT AND SUSPENSION
All parties shall comply with the debarment and suspension requirements (E.0.12549 and12689)
and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by
the U.S. Department of Education at 2 CFR 3485.
29) PRIORITY OF SERVICE
All parties certify that they will adhere to all statutes, regulations, policies, and plans regarding
priority of service, including, but not limited to, priority of service for veterans and their eligible
spouses, and priority of service for the WIOA title I Adult program, as required by 38 U.S.C. sec.
4215 and its implementing regulations and guidance, and WIOA sec. 134(c)(3)(E) and its
implementing regulations and guidance. Partners will target recruitment of special populations that
receive a focus for services under WIOA, such as individuals with disabilities, low-income
individuals, basic skills deficient youth, and English language learners.
30) BUY AMERICAN PROVISION
Each party that receives funds made available under title I or H of WIOA or under the Wagner-
Peyser Act (29 U.S.C. Section 49, et seq.) certifies that it will comply with Sections 8301 through
8303 of title 41 of the United States Code (commonly known as the "Buy American Act.") and as
referenced in WIOA Section 502 and 20 CFR 683.200(f).
16
25A-20
31) SALARY COMPENSATION AND BONUS LIMITATIONS
Each party certifies that, when operating grants funded by the U.S. Department of Labor, it
complies with TEOL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109-
234, TEOL 17-15, Workforce Innovation and Opportunity Act (WIOA) Adult, Dislocated Worker
and Youth Activities Program Allotments for Program Year (PY) 2017; Final PY 2017 Allotments
for the Wagner-Peyser Act Employment Service (ES) Program Allotments; and Workforce
Information Grants to States Allotments for PY 2017, Public Laws 114-113 (Division H, title I,
Section 105) and 114-223, and WIOA section 194(15)(A), restricting the use of federal grant funds
for compensation and bonuses of an individual, whether charged to either direct or indirect, at a
rate in excess of the Federal Office of Personnel Management Executive Level H.
32) TERMINATION
This MOU will remain in effect until the end date specified in section 4 above, unless.
a. Federal oversight agencies charged with the administration of WIOA are unable to
appropriate funds or if funds are not otherwise made available for continued performance
for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to
perform pursuant to MOU due to lack of funding shall notify the other parties as soon as
the party has knowledge that funds may be unavailable for the continuation of activities
under this MOU;
b. WIOA is repealed or superseded by subsequent federal law;
c. Local area designation is changed under WIOA; and,
d. A party breaches any provision of this MOU and such breach is not cured within thirty (30)
days after receiving written notice from the SAWDB Chair (or designee) specifying such
breach in reasonable detail. In such event, the non -breaching party(s) shall have the right
to terminate this MOU by giving written notice thereof to the party in breach, upon which
termination will go into effect immediately.
In the event of termination, the parties to the MOU must convene within thirty (30) calendar days
after the breach of the MOU to discuss the formation of the successor MOU. At that time, allocated
costs must be addressed
This MOU is of no force or effect until signed by authorized representatives of the participating
parties, and approved by the Chief Local Elected Official or his/her designee. The MOU, once
signed, becomes part of the local WIOA Plan. Any party may withdraw from this MOU by giving
written notice of intent to withdraw at least thirty (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 SAWDB 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, a courtesy notification shall be made to all parties of this MOU in a timely manner.
17
25A-21
33) NOTICES
All notices, requests, claims, correspondence, reports, statements authorized or required by this
Agreement, and/or other communications shall be addressed as follows:
City of Santa Ana: City of Santa Ana
Administration Services
801 W. Civic Center Dr., Suite 200
Santa Ana, CA 92701
PARTNER: Home Ownership OC
23171 Formello,
Laguna Hills CA 92653
34) INSURANCE
The AJCC Partners agree that their current in force insurance or self-insurance coverage programs
shall apply to their operations performed under the Workforce Innovation Opportunity Act and at
the SAWC, 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.
35) 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.
ATTACHMENTS
Attachment 1: AJCC Partners Location and Map
Attachment 2: Santa Ana AJCC Partner Services
Attachment 3: AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget
Attachment 3-1: Applicable Career Services
Attachment 4: Comprehensive Cost Allocation and Partner Contributions
Attachment 5: Office Lease
18
25A-22
THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first
written above.
FOR THE CITY OF SANTA ANA
Attest:
Norma Mitre, Acting Clerk of the Council
City of Santa Ana:
Kristine Ridge, City Manager
Recommended for Approval: Approved as to Form:
So alho, City Attorney
Steven A. Mendoza, Executive Director Ry . lodge, Assistant City Attorney
Community Development Agency
FOR j$ANTA ANAWORKFORCE DEVELOPMENT BOARD
Stacey Sanchez, Chair
FOR AMERICA'S JOB
Home Ownership OC
AJCC Partner
@7v�
Jose S' va
Press ent/Board Chair
OF CALIFORNIA PARTNER
23771 Formello Laguna Hills CA 92653
Address
S/z9 h q
Date
19
25A-23
Attachment 1
AJCC Partners Location and Map
Partner Program
Partner Organization
Authorization/Category
Physically
Co -Located
Title I Adult, Dislocated
City of Santa Ana
WIOA Title I Adult, Dislocated Workers
Workers and Youth
Youth Programs
Yes
programs
Rancho Santiago
WIOA title 11 Adult Education and Family
Community College
Literacy Act (AEFLA) program
Adult Education/ Literacy
District
Career and technical education (CTE)
and Carl Perkins Career
programs at the postsecondary level,
No
Technical Education
authorized under the Carl D. Perkins Career
and Technical Education Act of 2006 (20
U.S.C. 2301 et seg.)
Wagner-Peyser
Employment
WIOA title III Wagner-Peyser Employment
Development
Services, authorized under the Wagner-Peyser
yes
Department (EDD)
Act (29 U.S.C. 49 at seq.), also providing the
state's public labor exchange.
Employment
Jobs for Veterans State Grants (JVSG)
Veterans
Development
authorized under chapter 41 of title 38, U.S.C.
Yes
Department EDD
Employment
Trade Adjustment Assistance (TAA),
Trade Act
Development
authorized under chapter 2 of title II of the
Yes
Department DD
Trade Act of 1974 19 U.S.C. 227let seg.)
Unemployment Insurance
Employment
Unemployment Insurance (UI) programs under
(UI)
Development
state unemployment compensation laws.
No
Department DD
State Department of
WIOA title IV State Vocational Rehabilitation
Vocational Rehabilitation
Rehabilitation
program authorized under title I of the
yes
Services
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seg.)
Temporary Assistance for
stance(TANF
Social Service Agency-
Temporary Assistance for Needy Families
Needy Families
Family Self -Sufficiency
(TANF), authorized under part A of title IV of
Yes
the Social Security Act 42 U.S.C. 601 et seq.)
Senior Aid Program
Senior Community Service Employment
Senior Aid Program
Regions II & III
Program (SC5EP), authorized under title V of
yes
SER-Jobs for Progress,
the Older Americans Act of 1965 (42 U.S.C.
Inc.
3056 et seg.)
Job Corps
Long Beach Job Corps
WIOA Title I C, Jobs Corps
No
Native American Programs
Southern California
Indian and Native American Programs (Section
No
Indian Center
166
Housing & Urban
Santa Ana Housing
Housing & Urban Development (HUD)
Yes
Development
Authority
Adult Demonstration
Orange County
Reentry Employment Opportunities (EO)
Sheriff's Department
programs authorized under sec. 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532)
No
and WIOA sec. 169
Home Ownership OC
Credit, Budget, Home
Credit Counseling and Education to create
Buyer and Post-
homeownership opportunities.
Yes
Purchase Coaching
Alternative Secondary
Orange County
Charter School certified as a Dashboard
No
Education
hinovation High School
Alternative School
25A-24
Attachment 1
AJCC Partners Location and Map
Partner Program
Partner Organization
Authorization/Category
Physically
Co -Located
Senior Citizens Service
Asian American Senior
501(c)3 non-profit organization advocacy
No
Center
Citizens Service Center
organization serve and protects senior citizens.
25A-25
Attachment 1
AJCC Partners Location and Map
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25A-33
Attachment 3
AICC Comprehensive Isdraswctune Budget, and Other System Cost Budget
Rent $2.266 per square loot
'. TaralCmn
Nam-xnanfilp-nCl.Il%
Con Category/ Una Item
fast Details
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Total'1.
Mpnthly,
.Cast
;Property Aent.:.
Monthly
Monthly
Property
Rent
Total
Monthly Rent
and
Equipment
Cast
Rent
ease Rent
Ind. lanitodal, Maint and
Otllld..
$42,508.20
$496.32
$496.32
Operational Cost
2%of Rent
Management Fee
1.76%of Rent
Total Rent
$08.20
Utilities/Malnt
Telephone Service. Per
Person
Monthly costs of 0ia
Tone and Voice Mall
Assigned
" .$1',955.f10
$42.50
$42.50
Shared Phones
by usaIre pgrsegutfle
:'.'.$212.60.',
$2.40
$240
5emrlty Guard
$47.29
$47.23
Total
Utllltles/M.in[en.nce
$92.13
$0.00
$92.13
4E ulpment
New Phone System
Phones by assigned
ofi.res
".AS38.28
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$3.71
$3.71
Shared Basic Phones
.1587.88
$0.12
$0,12
Licenses sssl ned ph.ne..':
$d',680.48
'."
$1.86
$1.86
❑tenses
'. $557.20
-
$0.11
$C.11
Switches�',$5,035.Q7
.
$1.01
$1.01
New Phone System
Annual SupportCast
Total Equipment
": $21,478.97
$7.731
$7.73
"Technology and
Access Costs
Network Wireless Bridge
Network
'• $14;0$033
':
$2.65
$2.65
A.,,Sstem Card
Kcy Card $ tun
'$17194.28"'
$3.24
$3.24
mt. &Phone Cabling
Cablin
$10.94
S10.94
Information Technology, cost
Per Month
Wireless Network Brdg,
Maintenance
'$7,42a.00
$1.40
$1.40
•••Ptlnten Annual
Resource Room use y
talents only
23.20-
$1.23
$1.23
Pn r
staHon1Y'.Sd,1lg4.fi0
$0.79
$0.78
Total Tedmelogy and
Access
,$107,514.41
';=t: ,t,$0,00
$20.26
$0.00
§20.26
Infrastructure Total
'5170948:38
$47508.20
$1211.121
$495.321
$518.44
•EqulpmeMYs a3 year omarltza(fvn egrnaedmonthly. Egw1pmenl Is chargedm acsml cast for ossfguedphones to Porfwn'.
S barle phoma are ahuredphones a d charged by peneracV
•a TechwlogyandAccess Cons are all baradonpenentage and amanhed over 5yeam
•..Caplan are leaned equlpmenl and om charged bypercemog,. A"Haral chargo for usage will be calcalaed andcherged
25A-34
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