HomeMy WebLinkAbout25J - ONE STOP OPERATORREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 2, 2008
TITLE:
ONE-STOP OPERATOR FOR PROGRAM YEAR
2008-2009
CI MANAG R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 S' Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Approve and authorize the City Manager and Clerk of the Council to
execute an extension of the One-Stop Operator Memorandum of Understanding
with the Santa Ana WORK Center for program year 2008-2009.
WORKFORCE INVESTMENT BOARD ACTION
At its regular meeting of May 9, 2008, by a vote of 21:0 (Beasley,
Campanella, Gebre, Lacroix, Metzler, Novelo, Sanchez, Wadhera, Ward, and
Zarate absent and Chen-Lee abstained), the Workforce Investment Board
recommended approval of the Santa Ana WORK Center as the comprehensive
One-Stop and requested a budget and participant plan be submitted by May
12, 2008.
DISCUSSION
The Santa Ana WORK Center was grand-fathered in as Santa Ana's
comprehensive One-Stop in June 2000. The following year a full
procurement process was conducted and the Santa Ana WORK Center was
awarded the contract in June 2001. A Memorandum of Understanding between
the Santa Ana WORK Center and the Workforce Investment Board (WIB) was
approved by the WIB in January 2002. The WIB evaluates the performance
of the Santa Ana WORK Center on an annual basis and has determined it to
be "above average" and is, therefore, requesting City Council to extend
its agreement for the program year 2008-2009.
The WORK Center is primarily responsible for Adult and Dislocated Worker
Programs as well as Rapid Response/Business Services activities. The
performance results for the Santa Ana WORK Center are reported to the
Board on an annual basis with quarterly updates provided as the data
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One-Stop Operator for PY 2008-09
September 2, 2008
Page 2
becomes available throughout the year. Santa Ana met or exceeded all of
its performance goals for Program Year 2006-07 as documented below:
Adults Proposed Goal Actual
Entered Employment Rate 78.9 85.60
Retention Rate 81.6% 84.50
Credential Rate 58.0% 73.30
Average Earnings $11,900 $12,271
Dislocated Workers Proposed Goal Actual
Entered Employment Rate 78.70 79.50
Retention Rate 64.Oo 92.2%
Credential Rate 67.Oo 69.5%
Average Earnings $14,000 $13,531
Staff is recommending that the WORK Center continue to operate as the
comprehensive One-Stop for Santa Ana for PY2008-09. The Memorandum of
Understanding is attached as Exhibit 1.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nel on
Deputy City Manager for Development Services
Community Development Agency
CJN/LS/flj
090208 One-stop
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SANTA ANA, COMMUNITY DEVELOPMENT AGENCY
(W/O/R/K CENTER)
AND THE SANTA ANA WORKFORCE INVESTMENT BOARD
I. PARTIES: This Memorandum of Understanding ("MOU") is hereby entered into by
and between the City of Santa Ana, Community Development Agency, and its
W/O/R/K Center ("W/O/R/K Center") aOne-Stop Operation, and the Santa Ana
Workforce Investment Board ("SAWIB"). Each of the One-Stop Partners has signed
an MOU with the W/O/R/K Center describing its specific responsibilities at the
W/O/R/K Center.
II. DURATION OF AGREEMENT: The initial term of this Agreement began on July
1, 2001 and may be extended through the mutual exercise of an option by the parties
on an annual basis, unless terminated by either party with thirty days written notice to
the other party. A copy of the minutes from the SAWIB meeting regarding the
extension of this MOU shall be attached to this Agreement along with a copy of the
W/O/R/K Center's approved annual budget and participant plans.
III. PURPOSE: The purpose of this Agreement is for the Santa Ana W/O/R/K Center to
provide a comprehensive One-Stop Center in response to the "Request for
Proposals/Business Plans for One-Stop Service Center in Santa Ana" ("RFP")
released on March 19, 2001.
IV. RESPONSIBILITIES OF W/O/R/K CENTER: The WORK Center, through the
combined efforts of the W/O/R/K Center partners which include the Employment
Development Department, Orange County Social Services Agency, Rancho Santiago
Community College District, Santa Ana Unified School District, Goodwill Industries,
Santa Ana College, State Department of Rehabilitation, Boys & Girls Club of Santa
Ana, City of Santa Ana Economic Development Department, ROP programs and
several other agencies, shall provide the community with a variety of informational
employment and training services based on individual needs. The responsibilities and
duties of the W/O/R/K Center are set forth in detail in the "Proposal/Business Plan"
response submitted by the W/O/R/K Center, dated April 27, 2001.
V. AUDIT: The W/O/R/K Center agrees that if it receives Three Hundred Thousand
Dollars ($300,000.00) or more in federal funds, it shall ensure that the City of Santa
Ana includes the WORK Center in its annual audit which shall be conducted by a
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25J-3 Exhibit 1
certified public accountant in accordance with the standards as set forth and published
by the United States Office of Management and Budget.
VI. PROHIBITION FROM DISCRIMINATION: The W/O/R/K Center, and all One-
Stop Partners are prohibited from discrimination on the grounds of race, color,
religion, sex, national origin, age, disability, political affiliation or belief.
VII. FUNDING: The SAWIB anticipates allocating Workforce Investment Act funds to
the WORK Center for the operation of the One-Stop Service Center each funding
cycle. The W/O/R/K Center's Business Plan/Proposal shall remain in effect until
such time as the SAWIB selects a different one-stop operator.
VIII. MONITORING/OVERSIGHT: The SAWIB and its staff reserve the right to
review and monitor all services funded under this MOU and the RFP. This includes
all records, documents, polices and procedures or other data or documentation
requested by the SAWIB, the State of California's Compliance Monitoring
Section/Compliance Review Division and the Department of Labor. The W/O/R/K
Center Director shall be responsible for internal monitoring of its programs, services,
cash management, procurement, and property inventory as well as the monitoring of
any services, programs or projects that are contracted to program operators and/or
consultants. All WIA funding received by the City of Santa Ana will be included in
the annual audit completed by an outside auditing firm for the City.
IX. PERFORMANCE GOALS: SAWIB shall establish annual performance goals for
the W/O/R/K Center for adults and dislocated workers based on the common
measures established for the Local Workforce Investment Area (LWIA) Said
performance goals shall be renegotiated between the parties hereto once the SAWIB
has negotiated with the State for each year.
X. GOAL TRACKING: All partners in the One-Stop Delivery system have agreed to
work toward the development of common performance goals and measures that will
be in alignment with the stated goals of the workforce investment system. The
W/O/R/K Center will work very closely with the local business community to assure
placement goals will be met. The W/O/R/K Center will collect feedback from
employers, analyze the information, and implement strategies for improvement.
Further, in partnership with the Santa Ana Economic Development Division, the
WORK Center will conduct an annual Business Forum to obtain input on current met
or unmet employment and training needs. These Business Forums will ensure that
outreach and marketing efforts are meeting the needs of the local businesses.
XI. DISPUTE RESOLUTION: The parties hereto shall first attempt to resolve all
disputes informally at the lowest level starting with the site supervisor and staff. If
dispute resolution is not accomplished, any party may call a meeting of the parties to
formally discuss and resolve all disputes. Should the parties fail to resolve the
dispute, the dispute shall be referred to the Chair of the SAWIB, who shall place the
dispute upon the agenda of a regular or special meeting of the WIB'S Executive
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Committee. The Executive Committee shall mediate the dispute and shall have final
authority to resolve the issue.
XII. SEVERABILITY: If any part of this MOU is found to be null and void, or is
otherwise stricken, the rest of this MOU shall remain in full force and effect.
XIII. MODIFICATION/TERMINATION: This MOU, along with all exhibits thereto,
constitutes the entire agreement between the parties. This MOU may be modified,
altered, revised, extended or renewed by mutual written consent of the parties, by the
issuance of a written amendment, signed and dated by all parties. Updates to the
budget and goals shall be made annually by the W/O/R/K Center, with approval of the
SAWIB. Participation in this MOU may be terminated by giving no less than thirty
(30) calendar days' prior written notice of intent to terminate to the other party.
XIV. ASSIGNABILITY: None of the duties of, or work to be performed by, any of the
parties hereto shall be subcontracted or assigned to any agency, consultant, or person
without the prior written consent of each party hereto. All subcontracts and other
agreements that relate to this MOU must be submitted and reviewed by each party
hereto.
XV. RECORDS RETENTION: All accounting records and evidence pertaining to all
costs related to this MOU and all documents related to this MOU shall be kept
available for the duration of this Agreement and thereafter for three (3) years after
completion of an audit. Records which relate to (a) complaints, claims,
administrative proceedings or litigation arising out of the performance of this MOU,
or (b) costs and expenses of this MOU to which the W/O/R/K Center, the State of
California or the United States Government take exception, shall be retained beyond
the three (3) years until resolution of disposition of such appeals, litigation, claims, or
exceptions. The W/O/R/K Center shall provide the U.S. Department of Labor and the
Controller General, by and through any authorized representative, as well as the WIB
Administrative Office, access to and the right to examine all records, books, papers or
documents relating to the accounting and use of funds under this Agreement for a
three-year period from and after the effective date of this Agreement.
XVI. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The One-Stop Partners
and/or the SAWIB will disclose to the City any invention, written product, computer
program developed or data assembled as a result of performance of work under this
Agreement within seventy-four (74) days of invention, development or assembly.
The City, State of California, and U.S. Department of Labor (DOL) will have the right
to patent any invention and copyright any written product or computer program or
data generated by any of the One-Stop Partners, subcontractors, and/or the SAWIB.
Upon written request, all pertinent information, specifications and right, title and
interest shall be transferred to the designated agency. Each One-Stop Partner shall be
notified of the City's requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under any contract with the W/O/R/K Center.
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XVII. INVENTIONS, PATENTS AND COPYRIGHTS
A. Reporting Procedure. If any project produces patentable items, patent rights,
processes, or inventions in the course of work under a U.S. Department of Labor (DOL)
grant or agreement, the One-Stop Partner/SAWIB shall report the fact promptly and fully
to the CITY. The One-Stop Partner/SAWIB shall report the fact to the Grant Officer at
the DOL. Unless there is a prior agreement between the CITY and the DOL and its
representative on these matters, the DOL shall determine whether to seek protection on
the invention or discovery. The DOL and its representative shall determine how the
rights in the invention or discovery, including rights under any patent issued thereon, will
be allocated and administered in order to protect the public interest consistent with the
"Governmental Patent Policy" (President's Memorandum for Heads of Executive
Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy
as printed in 36 FR 16889).
B. Copyright Policy.
1. Unless otherwise provided in the terms of the grant or agreement,
when copyright-able material is developed in the course of or
under a DOL Grant or agreement, the City and the author that
developed the work is free to copyright material or to permit
others to do so. The One-Stop Partner and the SAWIB shall have
a royalty-free, nonexclusive and irrevocable license to reproduce,
publish, use and to authorize others to use all copyrighted
material.
2. The DOL reserves aroyalty-free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize
others to use, for Federal Government purposes: (a) The
copyright in any work developed under any grant, sub-grant, or
contract under a grant or subgrant; (b) Any right of copyright to
which a grantee, subgrantee or a contractor purchases ownership
with grant support; and (c) Each One-Stop Partner and the
SAWIB shall comply with the requirements of 29 CFR Part
97.34.
C. Rights to Data. The DOL and the City shall have unlimited rights to any data first
procured or delivered under this Agreement.
XVIII. CLEAN AIR/CLEAN WATER; If the grant hereunder exceeds $100,000, Section
306 of the Clean Air Act [(42 USC 1875(h)]; Section 508 of the Clean Water Act (33
USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA")
regulations (40 CFR Part 15) as any may now exist or be hereafter amended, must be
adhered to. Under these laws and regulations, assurances will be made to the
following effect:
(a) No facility to be utilized in the performance of the proposed grant has been
listed on the EPA List of Violating Facilities;
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(b) Notification will be made prior to award of the receipt of any communication
from the Director, Office of Federal Activities, U.S. EPA, indicating that a
facility to be utilized for the grant is under consideration to be listed on the
EPA List of Violating Facilities;
(c) Notification will be made to the CITY and the EPA about any known
violation of the above laws and regulations.
All parties are in agreement with this Memorandum of Understanding and will implement it as
herein stated.
Cynthia J. Nelson, Deputy City Manager Date
for Development Services
City of Santa Ana
Michael Hood, Chair Date
Santa Ana Workforce Investment Board
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
BY: Lisa E. Storck
Assistant City Attorney
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WIA BUDGET PLAN SUMMARY PY 08-09
Dislocated Rapid
AC~u~t Workers Youth Response
Allocation Cost Totals
Plan
1. Program Services
Total (A+B+C+D+E) 1,133,237 576,447 TBD TBD 1,709,684
A. Core Self-Services
B. Core Registration
Services 140,370 63,287 203,657
C. Intensive Services 561,477 253,150 814,627
TBD
D. Training Services 207,520 168,570 376,090
E. Other 223,870 91,440 TBD TBD 315,310
2. Administration
(not to exceed amt. 67,776 10,313 TBD 78,089
approved by WIB)
TOTAL (1+2) 1,201,013 586,760 TBD TBD 1,787,773
Expenditure Plan
(Cumulative)
1. September 2008 ~ 420,355 ~ 234,704
2. December 2008 ~ 600,507 ~ 352,056
3. March 2009 ~ 960,810 ~ 510,481
4. June 2009 ~ 1,201,013 ~ 586,760
Comments:
• Youth and Rapid Response funding will be added at a later date.
• Both EDD and the WORK Center are required to track and report their funds separately
under the integration plan. Therefore, this funding plan only covers WIA funded
activities at the WORK Center even though the participant plan incorporates the joint
efforts of both WIA and EDD staff.
5-13-08
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ADULT PARTICIPANT
PLAN PY 08-09
5-12-08
~RO~GRAM SERVICE PLAN Se t 2008 Dec 2008 Mar 2009 June 20Q9;
1. TOTAL PARTICIPANTS
(Lines 2+3) 1050 2100 3360 4200
2. Partici ants Carried-In 30 30 30 30
3. New Participants 1020 2070 3330 4170
ACTIVITY PLAN
4. Core Self-Service 1050 2100 3360 4200
5. Core Services (Re istered) 945 1890 3024 3780
6. Intensive Services 850 1701 2721 3402
7. Trainin Services 40 55 62 70
.EXIT STATUS
8. Total Exiters (9+12) 735 1470 2352 2940
9. Entered Employment 441 882 1411 1764
10. Trainin Related 12 16 26 33
11. Entered Postsecondary/ Advanced/
Credential Program N/A N/A N/A N/A
12. Exited for Other Reasons 294 588 940 1176
DISLOCATED WORKER PARTICIPANT PLAN
PY 08-09
PROGRAM SERVICE PLAN Se '`t 2008 Dec 2008 Mar 2009 June 2009
2. TOTAL PARTICIPANTS
(Lines 2+3) 450 900 1440 1800
2. Participants Carried-In 49 49 49 49
3. New Participants 401 851 1391 1751
ACTIVITY PLAN
4. Core Self-Service 450 900 1440 1800
5. Core Services (Re istered) 405 810 1296 1620
6. Intensive Services 364 729 1166 1458
7. Training Services 40 50 55 62
EXIT STATUS
8. Total Exiters (9+12) 315 630 1008 1260
9. Entered Ein to vent 189 378 605 756
10. Trainin Related 8 13 17 22
12. Entered Postsecondary/ Advanced/
Credential Pro ram N/A N/A N/A N/A
12. Exited for Other Reasons 126 252 403 504
Note: This plan reflects the anticipated participant service levels under the integration plan in
both core and intensive activities.
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