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HomeMy WebLinkAbout25C - MOU VARIOUS ONE-STOP PARTNERSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 2, 2010 TITLE: MEMORANDUMS OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNERS 'j'2? CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2nd Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding in substantial conformity with the following mandated One-Stop partners: State of California Employment Development Department Orange County Social Services Agency Asian American Senior Citizens Service Center Goodwill Industries of Orange County State Department of Rehabilitation Rancho Santiago Community College District/Santa Ana College Santa Ana Unified School District/Central County Regional Occupational Program Community Action Partnership of Orange County Santa Ana One-Stop Center Southern California Indian Center WORKFORCE INVESMENT BOARD RECOMMENDATION At its regular meeting of July 15, 2010, by a vote of 18:0 (Didion, De Leon, Figueroa, Jimenez- Hami, Lewis, Lin, Medrano, Nazeri, Saldivar, Solkamans, Pina absent), the Workforce Investment Board recommended that the City Council approve and authorize the City Manager and Clerk of the Council to execute Memorandums of Understanding in substantial conformity with the following mandated One-Stop partners: State of California Employment Development Department, Orange County Social Services Agency, Asian American Senior Citizens Service Center, Goodwill Industries of Orange County, State Department of Rehabilitation, Rancho Santiago Community College District/Santa Ana College, Santa Ana Unified School District/Central County Regional Occupational Program, Community Action Partnership of Orange County, Santa Ana One-Stop Center, Santa Ana Housing Authority, and Southern California Indian Center. 25C-1 MOUs with WIA Mandated Partners August 2, 2010 Page 2 DISCUSSION The Workforce Investment Act (WIA) requires the Santa Ana Workforce Investment Board (WIB) establish a one-stop delivery system, whose objective is to provide workforce development services for local adults, dislocated workers, youth and employers. The one-stop delivery system is a network of WIA-mandated and optional partners who are responsible for providing services for training and employment opportunities authorized by the Act. The Santa Ana WIB is required to establish and maintain Memorandum of Understandings (MOU) with the mandated partners. The MOUs provides for collaboration by all of the one-stop partners and creates a seamless system of service delivery designed to enhance access to program services and improve long-term employment outcomes for the individuals receiving services. The MOU contains the provisions required by the WIA, which includes identifying partner services to be provided through the one-stop delivery system, the funding of these services and operating costs of the system, and the methods for referring individuals between the one-stop operators and partners. The MOU will be in effect for a period of two years. FISCAL IMPACT There is no fiscal impact associated with this action. Cynthia J. Nel n Deputy City Manager for Development Services Community Development Agency CJN/LS/DS/mlr Exhibit: 1. Memorandum of Understanding 25C-2 Memorandum of Understanding (MOU) Pursuant to the Workforce Investment Act of 1998 (WIA) 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), and several agencies (having signed Attachment "A", "One- Stop Partner Commitment" and, if physically located at the One-Stop location, Attachment "B", "Resource Sharing Agreement" and Attachment "C", "Memorandum of Operation" if applicable) functioning as "One-Stop Partners" within the Santa Ana One-Stop System (hereinafter referred to as the Santa Ana W/O/R/K Center). 2. PURPOSE: The Santa Ana W/O/R/K Center, through its central location at the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd., and its satellite facilities, shall provide and/or coordinate workforce investment services to individuals, providing them with the necessary skills to participate in building a world-class workforce in Santa Ana. Services and referrals provided at the Santa Ana W/O/R/K Center may include, but are not limited to, the following: • Eligibility determination • Outreach, intake and orientation to services available • Initial assessment of skills, aptitudes, abilities and supportive services • Job search and placement assistance, career counseling • Provision of employment data and labor market information • Provision of performance information • Employment referral • Provision of support and follow-up services • Identification of skills required to be competitive in the local labor market • Filing for Unemployment Insurance claims • Access to CaIJOBS for Labor Exchange services • Help in establishing eligibility for CalWORKS and financial aid • Occupational skills training • On-the-job training • Workplace learning with classroom training • Skills upgrading and retraining • Entrepreneurial training • Job readiness training • Adult education and literacy I EXHIBIT I 25C-3 • Services for persons with disabilities • Serve mature workers by operating as a specialized recruitment arm for One-Stop Partners working collaboratively to connect mature workers to employers with labor shortages • Customized training for employment with specific employer • Employer services, including: job listing; job matching; candidate screening and testing; outplacement services; job analysis; and, information on available tax credits, business development planning and labor market trends. 3. DURATION: (a) This MOU shall become effective on July 1, 2008 and terminate on June 30, 2010 or earlier if terminated by the repeal of the Workforce Investment Act of 1998 (WIA). (b) This MOU is of no force or effect until signed by authorized representatives of the participating agencies, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIA Plan. (c) This MOU may be extended by written agreement between the LWIB and the One-Stop Partner provided such agreement is signed by both entities, prior to the termination date of this Agreement, and contains the following: (1) A statement of intent to continue all provisions of the MOU; (2) Revised effective and termination dates; (3) Revised Attachment A and/or B, as appropriate; (4) Dated signatures of the Administrator of the partner agency and the Chief Elected Official of the WIB. (d) Any party may withdraw from this MOU by giving written notice of intent to withdraw at least 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 WIB 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 pursuant to Section 1. Courtesy notification shall be made to all parties of this MOU in a timely manner. (e) Should any One-Stop Partner withdraw, this MOU shall remain in effect with respect to the other remaining One-Stop Partners. 4. MODIFICATION AND ASSIGNMENT: This MOU may be modified at any time by written agreement of the parties. Assignment of responsibilities under this MOU by any of the parties shall be effective upon written notice to the WIB. Any assignee shall also commit in writing to the terms of this MOU. l EXHIBIT I 25C-4 5. ONE-STOP SYSTEM DESCRIPTION: The one-stop system description in the local WIA plan, including modifications thereto, is incorporated into this MOU by reference. 6. CROSS REFERRALS: The One-Stop Partners will adopt common intake/cross referral arrangements, which include, by reference, those listed in the local WIA plan, including modifications thereto. The methods and/or resources utilized may include some or all of the following: cross-training of staff, in-house staff, electronic case management systems, co-enrollments, appointments, e-mail and phone call. 7. CONFIDENTIALITY: The WIB agrees that when any individual applies for or receives services from and the partner agency through the One-Stop Center, all information regarding such application for or receipt of services shall be confidential information subject to the provisions of 34 CFR 361.38. The parties agree to honor the confidentiality provisions as described in the local WIA plan, including modifications thereto, and incorporated into this MOU by reference. Exchanged information shall remain private and confidential in accordance with the most restrictive confidentiality requirements of any of the parties collecting, receiving or sharing information. 8. RESOURCE SHARING: The parties agree to share resources in accordance with the attached Resource Sharing Agreement. 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 one-stop system evolves. The one-stop system is a work in progress and its costs and the partners' resource contributions will not remain static from month to month or from year to year. The Resource Sharing Agreement is meant to 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 agency Administrator. 9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Chair of the WIB, who shall place the dispute upon the agenda of its next regular or special meeting of the Board's Executive Committee. The Executive Committee shall attempt to mediate and resolve the dispute. Finally, if the Executive Committee's resolution efforts fail, any party may file a grievance in accordance with the State of California's WIA grievance procedures. The parties agree to be bound by the final determination resulting from that 3 EXHIBIT I 25C-5 procedure. All costs associated with the grievance procedure shall be borne by the losing party. 10. 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. 11. JURISDICTION: Jurisdiction over any disputes under this MOU shall reside in Orange County, California. 12. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees in the performance of this MOU. 13. SIGNAGE & COMMUNICATION OF PARTICIPATION: The Santa Ana WORK Center shall provide wall signage listing the names of current participating partners. Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. 14. ACCESSIBILITY ASSURANCES AND CERTIFICATIONS: The parties agree to abide by all applicable non-discrimination federal and state laws. The WIB and the One-Stop partners will ensure that policies and procedures established by the WIB and the One-Stop partners are in compliance with the Americans with Disabilities Act (ADA). The Santa Ana WORK Center will assure its services and premises are accessible to persons with disabilities under the requirements of the Americans with Disabilities Act. 15. INSURANCE: The One-Stop Partners agree that their current in force insurance or self-insurance coverage programs shall apply to their operations performed under the Workforce Investment Act and at the WORK Center, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty/crime coverages. 16. 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. 4 EXHIBIT I 25C-6 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR THE LOCAL ELECTED OFFICIAL Signature Date Miguel A. Pulido, Mayor, City of Santa Ana Name and Title 20 Civic Center Plaza, Santa Ana, CA 92701 Address FOR THE SANTA ANA WORKFORCE INVESTMENT BOARD Signature Date Lee McMurtray, Chairman Name and Title 1000 E. Santa Ana Blvd. Suite 200, Santa Ana CA 92701 Address ONE-STOP PARTNER Signature Date Name and Title Address Approved as to Form: JOSEPH W. FLETCHER, City Attorney By: Lisa E. Storck, Assistant City Attorney 5 EXHIBIT I 25C-7 Attachment "A" One-Stop Partner Commitment 1. PARTIES: The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Investment Board (WIB), the and other agencies (identified in the "One-Stop Partner Commitment", Attachments "A" and "B: to this MOU) functioning as "One-Stop Partners" within the Santa Ana One- Stop System (hereinafter referred to as the Santa Ana WORK Center). In addition to accepting the provisions contained in the MOU, the commits to the following: Agency Services to be provided on-site at the Santa Ana W/O/R/K Center: Full-time equivalents (FTEs) of Agency Staff Assigned to Santa Ana W/O/R/K Center: _ Hours/days per week Agency Staff Assigned to Santa Ana W/O/R/K Center: PERFORMANCE GOALS: Customer Service All on-site, One-Stop Partners shall commit to the following goals for the W/O/R/K Center: 1. To conform to a uniform policy of customer service; 2. To develop customer service principles all One-Stop Partners must implement; 3. To implement an on-going system for measuring customer service levels; and, 4. To participate in a task force empowered to oversee, measure and respond to customer service data. 6 EXHIBIT I 25C-8 Attachment "A", Page 2 Ouantiliable Service Outcomes AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments which are incorporated therein have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. FOR THE (Legal Name of Partner Agency) Signature Date Name and Title Address MOU Boilerplate Partner rev 6-10 7 EXHIBIT 1 25C-9 25C-10