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Memorandum of Understanding
For
Santa Ana Workforce Development Board
and the
Community Action Partnership of Orange County
MEMORANDUM OF UNDERSTANDING
1) LEGAL AUTHORITY
The Workforce Innovation and Opportunity Act ("WIOA") sec. 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.
2) PARTIES
The parties to this MOU are the City Council of the City of Santa Ana, the Santa Ana Workforce
Development Board ("SAWDB"), and the Community Action Partnership of Orange County, a
non -collocated one -stop AJCC Partner.
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 Community Action Partnership of
Orange County, the non -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. It is expressly understood
that this MOU does not constitute a binding financial commitment, but rather an intent to commit
specific resources in the future as the parties' allocations and budgets are known and the America's
Job Center of California system evolves.
4) DURATION
This MOU shall become effective as of the date of fall 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, and 4, constitute the entire agreement between the parties,
and no oral understanding not incorporated herein shall be binding on any of the parties 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 Party. Assignment of responsibilities under this MOU by any of
the parties shall require prior written notice and preapproval 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.
Integration suggests 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") 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 skills to participate in building
a world -class workforce in Santa Ana. The SAWC offers the community a variety of
informational, employment and training 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.
B. 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;
£ 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.
3. Training Services:
a. Occupational skills training;
b. On -the -Job training;
c. Incumbent worker training;
d. Programs that combine workplace training with
include cooperative education programs;
e. Training programs operated by the private sector;
f. Skill upgrading and retraining;
g. Entrepreneurial training programs;
h. Transitional jobs;
i. Job readiness training provided in combination
related instruction, which may
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,
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 be
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. Parties 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 IX of the Education Amendments of 1972, as amended;
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) AJCC PARTNER RESPONSIBILITIES
Partner commits 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 referrals 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;
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.
10) AJCC OPERATING BUDGET
The purpose of this section is to establish funds and services that contribute to the local AJCC.
The parties consider this AJCC operating budget necessary to maintain the SAWDB's high-
standard AJCC. It includes the following cost categories, as required by WIOA and its
implementing regulations:
a. SAWC Infrastructure costs;
b. Career services; and
c. Shared services.
11) INFRASTRUCTURE FUNDING
The AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget, included as part
of Attachment 4 (Comprehensive Cost Allocation and Partner. Contributions), is an integral
component of the overall AJCC operating budget. The other component of the is the Applicable
Career Services, attached herein as Attachment 3 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.
12) AJCC DELIVERY SYSTEM COSTS
It is expressly understood that this MOU does not constitute a binding financial commitment, but
rather an intent to commit specific resources in the future as the parties' allocations and budgets
are known and the America's Job Center of California system evolves. For those partners that will
require a cost sharing agreement, cost will be based on proportionate use and agreed upon
methodology as applicable. AJCC partners with shared costs will be reviewed yearly and may be
modified as needed by any partner as long as it is identified as a revision, and it is signed and dated
by the applicable parties.
As required by WSD14-09, 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 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 they 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 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 non -collocated AJCC Partners must share in other System costs through non -cash (in -
kind) contributions as set forth herein.
13) 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 CalJOBS."
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 PH contained
therein, as defined under FERPA, shall comply with FERPA and applicable State privacy
laws;
c. All 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;
f. 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)).
14) CONFIDENTIALITY
All parties expressly agree to abide by all applicable Federal, State, and local laws and regulations
regarding confidential information, including PII 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.
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Each party will ensure that the collection and use of any information, systems, or records that
contain PII 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 PII
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
PII 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.
15) 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 party'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 when applicable.
16) ACCESSIBILITY
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.
17) 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
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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.
18) 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.
19) 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.
20) HOLD HARMLESS/INDEMNIFICATION/LIABILITY
In accordance with provisions of Section 895.4 of the 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
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.
21) SEVERABILITY
If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU
shall remain in force.
22) 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
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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.
23) CERTIFICATION REGARDING LOBBYING
AlIparties shall comply with the Byrd Anti -Lobbying Amendment (31 U.S.C. Sectionl352), 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 funds and will disclose lobbying
activities as required by law and regulations.
24) DEBARMENT AND SUSPENSION
All parties shall comply with the debarment and suspension requirements (E.0.12549 andl2689)
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.
25) 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, as applicable.
26) BUY AMERICAN PROVISION
Each party that receives funds made available under title I or II 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).
27) SALARY COMPENSATION AND BONUS LIMITATIONS
Each party certifies that, when operating grants funded by the U.S. Department of Labor, it
complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109-
234, TEGL 17-15, 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 IL
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28) 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.
29) 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
NON -COLLOCATED
PARTNER: Community Action Partnership of Orange County
11870 Monarch Street
Garden Grove, CA 92841
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30) 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,
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.
31) 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: Applicable Career Services
Attachment 4: Comprehensive Cost Allocation and Partner Contributions
THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first
written above.
FOR THE CITY OF SANTA ANA
Attest:
1-7
Daisy Gomez, Clerk of the Council
Recommended for Approval:
Steven A. Mendoza, Executive Director
Community Development Agency
Chair
City of Santa Ana:
�1�
Kris me Ridge, City gager
to Form:
alho, City Attorney
Assistant City Attorney
15
��mmunity Development Agency
Stacey Sanchez, Chair
FOR AMERICA'S JOB CENTER OF CALIFORNIA PARTNER
AJCC
L-` 11441154
Gregory -. , t , resident & CEO Date
Partner
M.
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 seq.)
Wagner-Peyser
Employment
WIOA title III Wagner-Peyser Employment
Development
Services, authorized under the Wagner-Peyser
Department (EDD)
Act (29 U.S.C. 49 et seq.), also providing the
yes
state's public labor exchange.
Veterans
Employment
Development
Jobs for Veterans State Grants (JVSG)
Yes
Department EDD)authorized
under chapter 41 of title 38, U.S.C.
Employment
Trade Adjustment Assistance (TAA),
Trade Act
Development
authorized under chapter 2 of title H of the
Yes
Department (EDD)
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 (EDD)
State Department of
WIOA title IV State Vocational Rehabilitation
Vocational Rehabilitation
Rehabilitation
program authorized under title I of the
Services
Rehabilitation Act of 1973 (29 U.S.C. 720 et
yes
seg.)
Temporary Assistance for
Social Service Agency-
Temporary Assistance for Needy Families
Needy Families (TANF)
Family Self -Sufficiency
(TANF), authorized under part A of title IV of
Yes
the Social Security Act (42 U.S.C. 601 et seg.)
Senior Aid Program
Senior Community Service Employment
Senior Aid Program
Regions II & III
Program (SCSEP), authorized under title V of
yes
SER-Jobs for Progress,
the Older Americans Act of 1965 (42 U.S.C.
Inc.
3056 et seq.)
Job Corps
Long Beach Job Cogs
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 (I- UD)
Development
Authority
yes
Housing Choice Voucher (HCV)
Orange County Housing
HomeOwnership OC
Homeownership option. The homeownership
yes
Authority
option allows first-time homeowners to receive
assistance with homeownership expenses.
Community Services Block
Community Action
Employment and training activities carried out
Grant
Partnership of Orange
under the Community Services Block Grant
No
County
U.S.C. 9901 et seg.)
Santa Ana WORK Center
America's Job Center of California Partners
57 1
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Santa Ana WORK Center Centennial Adult Education Long Beach Job Corps
America4Job Center of California 02900W. Edinger Ave. 1903 Santa Fe Ave.
801 W. Civic Center Dr., #200 Santa Ana, CA 92704 Long Beach, CA 90810
Santa Ana, CA 92701
Santa Ana College Community Action
Collocated Partners: 3 1530 W. 17th St. ® Partnership of O.C.
Employment Development Department Santa Ana, CA 92706 1601 W. 2nd St.
State Department of Rehabilitation Santa Ana, CA 92703
O.C. Social Services Agency College & Workforce Southern California
SER/Semor Aid Program
Preperation Center Indian Center
Santa Ana Housing 4
O
1572 N. Main St. 10175 Slater Ave., #150
Homeownership Orange, CA 92867 Fountain Valley, CA 92708
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Attachment 3
APPLICABLE CAREER SERVICES
Sharing Other One -Stop Delivery System Costs
The budget must include "applicable career services" as well as any other shared costs
agreed upon by the AJCC partners. While only co -located partners share infrastructure costs,
all One -Stop partners must share in other system costs, including applicable career services.
Required Consolidated System Budget for "Applicable Career Services"
Summary of Career Services Applicable to Each AJCC Partner
The MOU requires identification of the career services that are applicable to each partner
program (Attachment 2). Accordingly, this budget includes each of the partner's costs for the
service delivery of each applicable career service.
Unlike infrastructure cost sharing, other system costs, including "Applicable Career Services"
are not limited to the non -personnel costs and should include all costs related to the
administration and delivery of those services.
AJCC Applicable Career Services
CAPOC
Career Services:
$225,000.00
• Eligibility Determination (1)
• Outreach, Intake and Orientation (2)
• Initial Assessment (3)
• Job Search, Placement Assistance, and Career Counseling (4)
• Employment Statistics -Labor Market Information (5)
• Eligible Provider performance and program Cost Information (6)
• Local Performance Information (7)
• Supportive Services' Information (8)
• Unemployment Compensation (9)
• Eligibility Assistance (10)
• Follow -Up Services (11)
• Comprehensive and Specialized Assessments (12)
• Individual Employment Plan Development (13)
• Group Counseling (14)
• Individual Counseling and Career Planning (15)
• Case Management (16)
• Short -Term Prevocational Services (17)
Training
$0
• Occupational Skills Training (1)
• On -the -Job Training (OJT) (2)
• Workplace and cooperative education (3)
• Training programs operated by the private sector (4)
• Skills upgrading and retraining (5)
• Entrepreneurial training (6)
• Job -readiness training (7)
• Adult Education and Literacy programs (8)
• Customized training (9)
Attachment 3
APPLICABLE CAREER SERVICES
Employer Services
• Employer needs assessment (1)
• Job posting (2)
• Applicant pre-screening (3)
• Recruitment assistance (4)
• Training assistance (5)
• Labor Market Information (6)
• Employer information and referral (7)
• Rapid Response and Layoff Aversion (8)
Total Career Service Cost
$0
$225,000.00
Attachment 4
Comprehensive Cost Allocation and Partner Contributions
Partner Program
Square Footage
Paid for Based on
Sharing/
Payment Ratio
Payment
%of Total Monthl Property OperaOonal Cost
Square y p and ManagementOffics,
Footage Rent' Fees
MonthlyCharges
rgex Monthly Rent♦
for Equipment Equipment usage
Amount In.
Kind
partner
Cantribu[lans
YearlyGreer
Services••
EDD
8177.00
43.58%
$ 17,989,40
$ 676,40
$ 2,888.88
$ 21,554.68
$ -
$ 1,493,317,04
Santa Ana WORK Center iClty of Santa Ana)
9076.27
45.73%
$ 19,967.79
$
$ 3,864.35
$ 23,832.14
$ -
$ 1,335,907.20
Department of Rehabilitation
219,03
1,13%
5 481.87
$ -
5 120.12
$ 601,99
$ -
$ 2,945,349.48
Social Services Agency -Family Self -Sufficiency
1191.60
6.17%
$ 2,621.52
$ -
$ 357.43
$ 2,978.95
$ -
$ 81101DI
Sa nto Ana Housing Authority
21903
1,13%
$ 481.87
$ -
$ 120.12
$ W1.99
$ -
$ 82,290.00
SER lobs for Progress
438.07
2.27%
$ 963.75
$ -
$ 240.58
$ 1,204.33
$ -
$ g,241.34
Ra ncho Santiago Community College District
0.00
o00%
$ -
$ -
$ -
$ -
$
$ 1,511,191.70
Long Beach lob Corps
000
0.00%
$ -
$
$ -
$ -
$
Southern California Indian Center
0.00
0.D0%
$ -
$ -
$ -
$ -
$ -
$ 10,000.00
Community Action Partnership of OC
0.00
0.00%
$
$ -
$ -
$ -
$ -
$ 225,000AO
Total Rentable Space
19321.00
100.00%
$ 42,506,20
$ 676A
$ 7,591.48
$ 50,774,08
$ -
$ 6,565,105.06
Revised 7/18/19 5:22:42 PM
• Rem b $2.20 per Square feat wRh 3%Increase annually
•• Yearly career Services is reported by respective partners listed and may include but Is not limited to partners payroll, client training expenses, client services expense, etc.
t SER Is paying 1657.10 for 3 mbaee for 3 months