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HomeMy WebLinkAbout25F - AGMT - MOU WIA MANDATED PARTNERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 1, 2012 TITLE: MEMORANDUM OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNER - ORANGE COUNTY SOCIAL SERVICE AGENCY APPROVED ITY MANAGER RECOMMENDED ACTION ? As Recommended ? As Amended ? Ordinance on 151 Reading ? Ordinance on 2"d Reading ? Implementing Resolution ? Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve and authorize the Mayor, City Manager and Clerk of the Council to execute Memorandum of Understanding with the Orange County Social Service Agency. WORKFORCE INVESTMENT BOARD RECOMMENDATION At its regular meeting of September 20, 2012, by a vote of 19:0 (Carter, Didion, Elliott, Gebre, Gonzalez, Jimenez-Hami, Korthuis, Ruiz, Su, Tucker, Wadhera absent), the Workforce Investment Board recommended that the City Council approve and authorize the Mayor, City Manager and Clerk of the Council to execute Memorandum of Understanding with the Orange County Social Service Agency. 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 MOU provides for collaboration by all of the one-stop partners and creates a seamless system of service delivery. The MOU contains the provisions required by the WIA such as identifying partner services to be provided through the one-stop delivery system, the funding of services, operating costs of the system, and methods for referral. The MOU will remain in effect until terminated by repeal of WIA or with a thirty day written notice to withdraw by the Orange County Social Service Agency. 25F-1 WIA MOU with SSA October 1, 2012 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. ,N,f?(eq,A aT. E ards Interim Exec tive Director Community Development Agency NTE/LAO/DS/kg Exhibit: 1. Memorandum of Understanding 25F-2 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE SOCIAL SERVICES AGENCY AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SANTA ANA, AND THE SANTA ANA WORKFORCE INVESTMENT BOARD PURSUANT TO THE WORKFORCE INVESTMENT ACT OF 1998 FOR THE PROVISION OF WORKFORCE INVESTMENT SERVICES This non-financial Memorandum of Understanding (MOU) is entered into by and between the County of Orange, acting through its Social Services Agency (SSA), hereafter referred to as "SSA," and the Mayor and City Council of the City of Santa Ana, and the Santa Ana Workforce Investment Board (SAWIB). This MOU contains program content and purpose along with specific guidelines for the implementation and administration of workforce investment services. Such services are to be provided to California Work Opportunity and Responsibility to Kids (CalWORKs) Welfare-To-Work (WTW) participants and Santa Ana WORK Center clients who meet the guidelines set forth in this MOU. SSA and the SAWIB may be referred to individually as "Party" and collectively as "the Parties." The County of Orange may be referred to as "COUNTY." The SAWIB and "One-Stop Partners" may be referred to as "Santa Ana WORK Center." The relationship between SSA and SAWIB, with regard to this MOU, is based upon the following: 1. This MOU is authorized and provided for pursuant to the CalWORKs Act of 1997 and Section 121 (c) of the Workforce Investment Act (WIA) of 1998. WIA authorizes the appointment of the local WIB, whose members are selected by COUNTY in workforce regions designated by the Governor of the State of California. 2. Functioning within the Santa Ana WORK Center, the SAWIB collaborates with the One-Stop Partners to provide workforce investment services that increase the employment, job retention, earnings of participants, and increase participants' occupational skill attainment. Attachment "A" relates to the One-Stop Partner Commitment. 3. The CalWORKs WTW Program provides job services, job training, and supportive services to assist CalWORKS recipients in obtaining and retaining unsubsidized employment that will lead to self-sufficiency. 4. SSA is willing to refer Ca1WORKs WTW participants to SAWIB and Santa Ana WORK Center Partners for workforce investment services outlined in this MOU. EXHIBIT 1 Page 1 of 9 (WAM0511) 25F-3 (June 5, 2012) 5. This MOU contains the procedural guidelines authorized by both the SSA Director and the SAWIB Chairman, for their respective employees to follow in providing services. Page 2 of 9 (WAM0511) 2 5 F -4 (June 5, 2012) TABLE OF CONTENTS 1. TERM ............................................................................................................................4 H. PURPOSE .....................................................................................................................4 III. DEFINITIONS .............................................................................................................4 IV. POPULATION TO BE SERVED ..............................................................................5 V. GOAL ............................................................................................................................5 VI. SAWIB RESPONSIBILITIES ....................................................................................5 VII. SSA RESPONSIBILITIES ..........................................................................................6 VIII. MUTUAL RESPONSIBILITIES ...............................................................................6 IX. CROSS REFERRALS .................................................................................................6 X. RETENTION OF RECORDS ....................................................................................6 XI. NOTICE AND CORRESPONDENCE ......................................................................7 XII. RESOLUTION OF CONFLICTS ..............................................................................7 XIII. SIGNAGE & COMMUNICATION OF PARTICIPATION ...................................7 XIV. TERMINATION ..........................................................................................................7 XV. GENERAL PROVISIONS ..........................................................................................8 XVI. AUTHORITY AND SIGNATURES ..........................................................................8 (WAM0511) Page 3 of 9 25F-5 (June 5, 2012) I. TERM The term shall commence on November 1, 2012, and remain in effect until terminated by the repeal of the Workforce Investment Act of 1998 or terminated in accordance with Paragraph XIV of this MOU. II. PURPOSE The purpose of this MOU is to provide and/or coordinate available workforce investment services delivered through the SAWIB and their One-Stop Partners at the Santa Ana WORK Center to CalWORKs WTW clients who choose to participate in the services. III. DEFINITIONS A. CalWORKs: California Work Opportunity and Responsibility to Kids Act of 1997 as described in Section 11200 et seq., of the Welfare and Institutions Code. CalWORKs was implemented in 1998 to meet requirements of the Federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and the Temporary Assistance to Needy Families (TANF) Program. CalWORKs provides cash assistance, case management, job services and training, and supportive services to assist recipients in overcoming barriers to achieve economic self-sufficiency. B. One-Stop Partners: Local agencies collocated at a One-Stop facility providing employment related services and referrals to the public. Partner agencies represented at the Santa Ana WORK Center includes non-profit organizations; local colleges and educational institutions; and city, state, and county agencies. One-Stop Partners 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. C. Santa Ana WORK Center: Career center operated by the SAWIB where the public can access core employment services and be referred directly to job training, education, or other services. Local WIBs have established a One-Stop delivery system concept providing job-ready individuals a single point of contact for information on unemployment insurance, career counseling, and job search and placement assistance. The One-Stop system description in the local WIA plan, including modifications thereto, is incorporated into this MOU by reference. D. Welfare-To-Work (WTW): A mandated program under the CalWORKs Act which requires parents or caretakers in families on welfare, unless exempted, to meet work requirements by participating in WTW activities with a goal of obtaining and/or maintaining stable employment that leads to achieving economic self-sufficiency. E. Workforce Investment Act (WIA): In accordance with the WIA of 1998, Public Law 105-220, Section 117, and State of California implementing legislation and/or Executive Orders, a WIB was created and its members appointed by the Mayor and the City Council of the City of Santa Ana effective March 2000. The purpose of the SAWIB shall be to ensure the involvement of the business and industrial community, including small businesses, minority business enterprises, education, labor organizations, community-based organizations, economic development agencies and Page 4 of 9 (WAM0511) 25F-6 (June 5, 2012) one-stop delivery system partners in workforce investment activities. IV. POPULATION TO BE SERVED SAWIB shall provide services to CalWORKs WTW participants who voluntarily request to be referred by SSA staff in accordance with Ca1WORKs WTW Program requirements. V. GOAL The goal of this MOU is to support and provide workforce investment services that will assist Ca1WORKs WTW participants increase employment, job retention, and earnings; and achieve the goal of employment and self-sufficiency. The services will also increase the participants' occupational skill attainment, improve the quality of the local workforce, and reduce welfare dependency while enhancing the productivity and competitiveness of the local economy. VI. SAWIB RESPONSIBILITIES SAWIB is responsible for: A. Providing workforce investment services to the community at the Santa Ana WORK Center as mandated by WIA's local area Workforce Investment Board. B. Providing and/or coordinating the following workforce investment services to CalWORKs voluntary participants referred to the Santa Ana WORK Center and providing them with the necessary skills to participate in building a workforce: • Eligibility determination for WIA services • 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 • Referral to employment opportunities • 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 Welfare-to-Work (Department of Labor grant programs) and financial aid programs • 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 • Services for persons with disabilities • Customized training for employment with specific employer Page 5 of 9 (WAM0511) 25F-7 (June 5, 2012) • Employer services, including: job listings; job matching; candidate screening and testing; outplacement services; job analysis; and information on available tax credits, business development planning, and labor market trends. C. Establishing and implementing a procedure to inform and train SSA staff about the Santa Ana WORK Center workforce investment services available to CaIWORKs WTW participants. VII. SSA RESPONSIBILITIES SSA is responsible for: A. Recognizing that SAWIB oversees the Santa Ana WORK Center and maintains agreements with One-Stop Partners. B. Providing CalWORKS/WTW services to eligible clients/participants in accordance with CaIWORKs program requirements and COUNTY policy. C. Referring Ca1WORKs WTW participants that request to be referred and who may benefit from the workforce investment services to SAWIB. D. Facilitating the CaIWORKs WTW participant's attendance in the workforce investment services by making the appropriate referrals for ancillary, child-care and transportation services. E. Establishing and implementing a procedure to inform and train Santa Ana WORK Center staff about the SSA CaIWORKs WTW eligibility and services. VIII. MUTUAL RESPONSIBILITIES SSA and SAWIB are mutually responsible for: A. Complying with all applicable Federal, State, and local laws, rules, regulations, and ordinances including the Americans with Disabilities Act of 1990 (ADA). B. Sharing a mission of responding to the needs of the local community businesses, job seekers, and students through an integrated workforce development system. C. Maintaining working relationships with all Santa Ana WORK Center Partners. IX. CROSS REFERRALS The One-Stop Partners shall adopt common intake/cross referral arrangements, which include 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. X. RETENTION OF RECORDS SAWIB and SSA agree to comply with record retention and handling per WIA and any applicable Federal and/or State requirements. Page 6 of 9 (WAM051 1) 25F-8 (June 5, 2012) XI. NOTICE AND CORRESPONDENCE A. All correspondence concerning this MOU will be in writing and sent to: SSA: County of Orange Social Services Agency Contract Services 888 North Main Street Santa Ana, CA 92701 SAWIB: Santa Ana Workforce Investment Board 1000 East Santa Ana Blvd., Suites 200 & 220 Santa Ana, CA 92701 B. All notices shall be deemed effective when in writing and deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, claims, correspondence, reports and/or statements authorized or required by this MOU addressed in any other fashion shall be deemed not given. SSA and SAWIB may mutually agree in writing to change the addresses to which notices are sent. XII. RESOLUTION OF CONFLICTS For resolution of conflicts between SSA and SAWIB in regards to the provisions of this MOU, the following shall apply: Step 1: Conference between the participant's Ca1WORKs WTW Staff and the SAWIB Case Manager. Step 2: Conference between the SSA WTW Program Manager and/or Deputy Director or designee, and the SAWIB Director. Step 3: Conference between the SSA Director of Family Self-Sufficiency or designee and the Executive Director of SAWIB. XIII. SIGNAGE & COMMUNICATION OF PARTICIPATION The Santa Ana WORK Center shall provide wall signage listing the names of current participating One-Stop Partners. Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. XIV. TERMINATION A. Either Party may terminate this MOU without penalty immediately with cause or after thirty (30) days' written notice without cause, unless otherwise specified. Notice shall be deemed served on the date of mailing. Cause shall be defined as any breach of this MOU, any misrepresentation, or fraud on the part of either Party, or the repeal of the Workforce Investment Act of 1998. Exercise by SSA of the right to terminate this MOU shall relieve SSA of all further obligations; and exercise by SAWIB of the right to terminate this MOU shall relieve SAWIB of all further obligations. B. Upon termination, or notice thereof, SSA and SAWIB agree to cooperate with each other in the orderly transfer of pertinent documents. C. The obligations of SSA and SAWIB under this MOU are contingent upon the Page 7 of 9 (WAM0511) 25F-9 (June 5, 2012) availability of Federal and/or State funds, as applicable, and inclusion of sufficient funds for the services hereunder in the budget approved by the Orange County Board of Supervisors each fiscal year this MOU remains in effect or operation. In the event that such funding is terminated or reduced, SSA may immediately terminate or modify this MOU, without penalty. The decision of SSA shall be binding on SAWIB. SSA shall provide SAWIB with written notification of such determination. SAWIB shall immediately comply with SSA's decision. XV. GENERAL PROVISIONS A. All documents required by this MOU may be subject to public disclosure. SSA shall not be liable for any such disclosure. B. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between SSA and any WTW participant participating in this program, or any of SAWIB's agents or employees. C. This MOU represents the entire understanding of the Parties with respect to the subject matter. No change, modification, extension, termination or waiver of this MOU, or any of the understandings herein contained, shall be valid unless made in writing and signed by duly authorized representatives of the Parties hereto. D. If any part of the MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. XVI. AUTHORITY AND SIGNATURES The individuals signing this MOU have the authority to commit the Party they represent to the terms of this MOU, and do so commit by signing. Page 8 of 9 (WAM0511) 25F-1 0 (June 5, 2012) WHEREFORE, the parties hereto have executed the Memorandum of Understanding in the County of Orange, California. By: Miguel A. Pulido Mayor, City of Santa Ana Dated: Approved As To Form SONIA R. CARVALHO City of Santa Ana Attorney By: Lisa E.Storck Assistant City of Santa Ana Attorney Dated: By: Michael L. Riley, Ph.D., Director County of Orange Social Services Agency Dated: Page 9 of 9 (WAM0511) 25F-11 (June 5, 2012) SANTA ANA WORKFORCE INVESTMENT BOARD ONE-STOP PARTNER MEMORANDUM OF UNDERSTANDING SERVICES MATRIX FOR COUNTY OF ORANGE SOCIAL SERVICES AGENCY Program • Welfare Programs (including, but not limited to Ca1WORKs) Represented . Employment and Training Activities under Title I of the Workforce Investment Act • Identify and refer CaIWORKs voluntary participants to SAWIB for workforce investment services. • Coordinate services and programs offered by SSA with those offered through the One-Stop Partners to program participants. • Provide overview of CalWORKS Services to One-Stop Partners. Services Provided • Provide general information regarding CalWORKS program and access to services for families. • Provide support services such as child care, transportation, and ancillary to Ca1WORKs WTW participants engaged in workforce investment services. • Other activities and services appropriate to SSA and SSA's funding sources. ® Co-location of staff Method of ® Co-location of services Service Delivery ® Cross training of staff ? On-line ® In person Referral Method ® ® By phone Referral form ? Online Contribution to ® Referrals for workforce investment services One-Stop System ® Customer Satisfaction() Exhibit I (1) Criteria to be determined by the State of California and the Santa Ana Workforce Investment Board (WAM0511) Page 1 of 1 25F-12 (June 5, 2012)