MEMORANDUM OF UNDERSTANDING
BETWEEN
THE VERDUGO WORKFORCE DEVELOPMENT BOARD
AND
LOCAL PARTNERS
Contents
I. Purpose of MOU ..................................................................................................... 3 II. Mission, Vision, and Goals ...................................................................................... 3 III. Process and Development................................................................................... 4 I V. Access ............................................................................................................... 4 V. Parties to the MOU ................................................................................................. 4 VI. AJCC System Design and Services ...................................................................... 5 VII. Responsibility of AJCC Partners ........................................................................... 9 VIII. Methods for Referring Customers – General Provisions .......................................... 9 IX. Access for Individuals with Barriers to Employment ............................................... 9 X. Shared Technology and System Security ................................................................ 10 XI. Confidentially ................................................................................................... 10 XII. Non-Discrimination and Equal Opportunity ........................................................ 11 XIII. Grievances and Complaints Procedure ............................................................... 11 X I V. Americans with Disabilities Act and Amendments Compliance ............................ 11 X V. Effective Dates and Term of MOU ....................................................................... 11 XVI. Modifications/Revisions .................................................................................... 12 XVII. Termination ...................................................................................................... 12 XVIII. Co-located Partners Sharing Infrastructure Costs ............................................ 13 XIX. Sharing Infrastructure Costs- Methodology ......................................................... 13 XX. Non-colocated Partner Assurance ..................................................................... 14 XXI. Sharing Other One-Stop System Services ........................................................... 14 XXII. Costs for the Delivery of Applicable Career Services ........................................... 14 XXIII. License for Use ............................................................................................. 14 XXIV . Supervision/Day to Day Operations ................................................................ 14 Exhibit #2
XXV . Governing Law .................................................................................................. 15 XXVI. Unenforceable Provisions .............................................................................. 15 XXVII. Non-Financial Agreement .............................................................................. 15 XXVIII. Failure to Perform .......................................................................................... 15 XXIX. Dispute Resolution ........................................................................................ 15 XXX. Individual Entities ............................................................................................. 15 XXXI. Employment Status ....................................................................................... 15 XXXII. Performance ................................................................................................. 15 XXXIII. Press Releases and Communications ............................................................. 16 XXXIV . Headings ...................................................................................................... 16 XXXV . Mutual Hold Harmless/Indemnification/Liability ............................................. 16 XXXVI. Waiver of Breach ........................................................................................... 16 XXXVII. Further Assurances .................................................................................... 16 XXXVIII. Assignment ............................................................................................... 16 XXXIX. Notices ........................................................................................................ 17 XL. Counterparts .................................................................................................... 17 XLI. Representation ................................................................................................. 17
I. Purpose of MOU
The Workforce Innovation and Opportunity Act of 2014 (“WIOA”) requires that a memorandum of understanding be developed and executed between the Verdugo Workforce Development Board (“VWDB” or “Local Board”) and its America’s Job Centers of California SM (“AJCC”) Local Partners (“Local Partners”), with the agreement of the Chief Local Elected Official (“CLEO”), to establish an agreement concerning the operations of the AJCC service delivery system (“Local System”) in the Verdugo Local Workforce Development Area (“Local Area”), per Workforce Services Directive (WSD) 18-12. The AJCC for the VWDB is the Verdugo Jobs Center (VJC). The Local Partners are listed below in Section VI.
The purpose of the MOU is to establish a cooperative working relationship between the parties and to define their respective roles and responsibilities in achieving the policy objectives. The MOU also serves to establish the framework for providing service s to employers, employees, job seekers and others needing workforce services.
This MOU supersedes all prior MOU s between the parties related to the subject matter herein, including what had previously been identified as “Phase I” and “Phase II” documents. All modifications, amendments and expansions formerly contained in those phases are now integrated into and embodied by this unified MOU.
California’s one -stop delivery system, the AJCC, is a locally driven system which develops partnerships and provides programs and services to achieve three main policy objectives established by the California Workforce Development Strategic Plan, which includes the following:
A. Foster demand-driven skills attainment
B. Enable upward mobility for all Californians
C. Align, coordinate, and integrate programs and services
These objectives will be accomplished by ensuring access to high-quality AJCCs that provide the full range of services available in the community for all customers seeking the following:
D. Looking to find a job.
E. Building basic educational or occupational skills.
F. Earning a postsecondary certificate or degree.
G. Obtaining guidance on how to make career choices.
H. Seeking to identify and hire skilled workers.
II. AJCC Sites
The AJCC sites and affiliates listed below will comply with all state and federal ADA and seismic certification requirements.
AJCC Sites
Comprehensive AJCC Site Affiliate AJCC Site
Verdugo Jobs Center
1255 S. Central Ave.
Glendale, CA 91204
Job Connect
110 N. Glenoaks Blvd.
Burbank, CA 91502
III. Mission, Vision, and Goals
A. Mission: To transform lives, businesses, and the community through innovative workforce services.
B. Vision: The VWDB envisions an economically vibrant tri-city region with thriving businesses, youth, and jobseekers on career paths that reflect their highest potential.
C. Goals:
i. To be recognized by the Verdugo Community for our integrity and ability to create value for businesses and job-seeking customers;
ii. Effectively address the workforce and business development needs of the Verdugo community through diversified resources and funding;
iii. Lead industry innovation and performance excellence as a high- performing workforce development board; and,
iv. Maximize economic vitality and opportunity in the Verdugo region by leveraging our competitive advantages.
IV. Process and Development
The local Workforce Development Board (WDB) administrative entity is responsible for entering into the MOUs with the Local Partners and the ongoing efforts to keep the MOU current and up to date.
This tool serves as the basis for the one-stop system.
Meetings are held periodically as necessary but at least quarterly for the purpose of convening the local WIOA mandated one -stop partners to discuss the ongoing coordination and collaboration of workforce services and the required cost sharing. The MOU development process was and is conducted through this means. Any and all renegotiations will occur through this meeting. This mechanism ensures transparency and consensus of all one-stop partner matters.
V. Access
The term “access” refers to providing services, that are accessible at the specific AJCC site, to all AJCC customers, including those with disabilities, through one of the following methods:
A. Co-location – Program staff are physically present at the specific AJCC site. The Area Map is attached hereto and incorporated herein by this reference as “Attachment 7”.
B. Cross Information sharing – S taff physically present at the specific AJCC site are properly trained to provide information about all programs, services, and activities that may be available to the customer through other partners.
C. Direct access through real-time technology – Access through two-way communication and interaction between customers and AJCC partners that result in services being provided.
VI. Parties to the MOU
The parties to this MOU consist of the Local Partners, which include local/regional representatives of the following programs:
Local Partner Program
City of Glendale,
Verdugo Jobs Center
WIOA Title I Adult Formula
WIOA Title I Dislocated Worker Formula
City of Burbank, Job Connect WIOA Title I Adult Program WIOA Title I Dislocated Worker Program
WIOA Title I Rapid Response Program
Burbank Unified School District,
Burbank Adult School
WIOA Title II Adult Education and Literacy Programs
Glendale Youth Alliance, Inc. WIOA Title I Youth Program
Glendale Community College
District
WIOA Title II Adult Education and Literacy Programs
Carl D. Perkins Career Technical Education Act of 2006
State of California,
Department of Rehabilitation
WIOA Title IV Vocational Rehabilitation
State of California,
Employment Development
Department
WIOA Title III Wagner-Peyser Act
Trade Adjustment Assistance
Jobs for Veterans State Grant
State of California,
Employment Development
Department
Unemployment Insurance
Los Angeles County,
Aging and Disabilities
Title V Older Americans Act Programs
Management and Training
Corporation-Job Corps
Job Corps
United American Indian
Involvement, Inc.
Native American Programs (Section 166)
Friends Outside in Los Angeles
County
Second Chance Act Programs
Los Angeles County,
Department of Public Social
Services
Temporary Assistance for Needy Families
(TANF)
VII. AJCC System Design and Services
WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. WIOA provides for a workforce syste m that is universally accessible, customer centered and training that is job -driven. Services are delivered through the comprehensive and affiliate career centers.
The Local System provides a wide range of Career Services, including Basic Career Services available as self -services, individualized services, training, and follow -up/retention services. The Local System also provides a myriad of services for businesses in the Local Area to meet their hiring and strategic needs.
A. Services Identified in the State Plan Bilateral Agreements
i. The Local Partners acknowledge the provisions of the bi-lateral agreements between the State of California Employment Development Department (“EDD”), the California Department of Rehabilitation, the Los Angeles County Department of Public Social
Services, the California Welfare Directors Association, the California Community Colleges Chancellor’s Office, and the California Workforce Development Board as contained in California’s Unified Strategic Workforce Development Plan (the “State Plan”) for Program Years 2024-2027.
ii. The Local Partners recognize that Local System operations are intended to fulfill the workforce development policy objectives of the State of California, which include:
a. Fostering “demand-driven skills attainment”. Workforce and education programs need to align program content with the State’s industry sector needs to provide California’s employers and businesses with the skilled workforce they need to compete in the global economy.
b. Enabling upward mobility for all Californians. This objective includes populations with barriers to employment. Workforce and education programs need to be accessible for all Californians and ensure that everyone has access to a marketable set of skills and is able to access the level of education necessary to ensure economic self-sufficiency and security.
c. Aligning, coordinating, and integrating programs and services. Programs need to economize limited resources while also providing the right services to customers.
Services should be based on each customer’s particular and potentially unique needs so as to facilitate skills-attainment.
iii. The Local Partners shall comply with the State of California requirements that may be issued to direct local activities pertaining to implementation of State Plan provisions within local budgetary parameters. The provisions of this MOU reflect and describe the goals and intent of the Local Partners to embrace the provisions of the State Plan and a joint commitment to conform and align Local System plans and operations with State policy and directives pertaining to specific bi -lateral agreement contained within.
Services are delivered through the comprehensive and affiliate career centers.
iv. The Local Partners shall provide services in accordance with the Local Partner Services, which is attached as Attachment 1 to this MOU and is incorporated into it by this reference.
B. Shared Customers
The Local Partners’ shared customers include businesses, youths, and adults seeking education and jobs, and who face barriers to employment including, but not limited to:
disabilities, low-income (including public assistance recipients), homelessness, English language deficiencies, basic skills deficiencies, lack of high school diploma or equivalent, involvement with the justice system, lack of occupational skills, unemployment, lay off, and under-employment. Youth customers may also experience additional barriers including but not limited to: Disconnected Youth (no school, no work), Foster Youth, and Pregnant or Parenting Youth. The AJCC System Shared Customers are listed in the chart below.
AJCC System Shared Customers
Job Seekers
Displaced Homemakers Dislocated Worker
Migrant Workers Information Seeker
Underemployed Seasonal Workers
Unemployed Spouses of Veterans
Youth Veterans
Individuals looking for career advancement, training or re-training Students: returning; adult education; post-secondary
Individuals with hurdles to employment
Individuals with disabilities Low-Income Individuals
Basic Skills Deficient Ex-Offenders
English Language Learners Homeless
Business
Hiring Businesses Businesses laying off
C. Services Provided
The Local System provides a comprehensive range of Career Services —including self - service Basic Career Services, Individualized Career Services, Training, Follow-Up/Retention Services, and business-focused services to support employers’ hiring and strategic needs— as outlined in 20 CFR § 678.430 and WIOA Section 134(c)(2) , which include but are not limited to the following
Career Services
Basic Career Services
Initial assessment of skill levels.
Provision of referrals to and coordination of activities.
Provision of workforce and labor market employment statistics information.
Provision of information relating to the availability of supportive services or assistance.
Provide:
· Outreach to Dislocated Workers
· Intake
· Orientation
· Initial assessment
· Referral to Partners
· Provide Job Search Information
· Labor Exchange
· Labor Market Information
· UI/DI Information, website and filing assistance · Business Services
· Phones - Dial phones to UI and Tax Branch
· Veteran Service Navigator (VSN) Assessment
· Job Search Workshops
· Résumé preparation & critique
· Career & skills assessment
· Typing Certificates
· CalJOBS Help Desk Activities
· Well-structured complaint process
Individualized Career Services
Short-term pre-vocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct to prepare individuals for unsubsidized employment or training, in some instances pre- apprenticeship programs may be considered as short-term pre-vocational services.
Provide:
· Job Search Workshops
· Résumé preparation
· Individual comprehensive and specialized Assessment · Career Counseling
· Job Coaching
· Honor a Hero, Hire a Veteran
· Veteran Hiring Incentives
· Veteran Standdowns
· WOTC
· Development of an individual employment plan
· Short term pre-vocational services
· Internships and work experiences linked to careers · Workforce preparation activities
· Financial Literacy
Follow Up Services
Follow-up services must be provided as appropriate for participants who are placed in unsubsidized employment, for up to 12 months after the first day of employment.
Counseling about the workplace is an appropriate type of follow-up service.
Follow-up services do not extend the date of exit in performance reporting.
Services Provided to Employers
· Business outreach to focus on meeting the needs of local businesses and job seekers · Job developing to match businesses with job seekers · Specialized recruitments or job fairs
· Rapid Response Services
· Layoff Aversion Services
Co-located Partners
WIOA Title I Adult, Dislocated Worker Verdugo Jobs Center
WIOA Title III Wagner-Peyser
Trade Adjustment Assistance Act
Veterans-Jobs for Veterans State Grant
Employment Development Department
WIOA Title I Youth Program Glendale Youth Alliance
VIII. Responsibility of AJCC Partners
The Local Partners shall participate in joint planning, plan development, and modification of activities to accomplish the following:
A. Continuous Local Partnership building.
B. Continuous planning in response to state and federal requirements.
C. Responsiveness to local and economic conditions and employer needs.
D. Identify and coordinate allowable collection, reporting, and sharing of performance data.
Confidential data will not be shared without the authorization of the applicant/customer.
E. Make services applicable to the Local Partner program(s) available to customers through the Local System.
F. Participate in capacity -building and staff development activities in order to ensure that all Local Partners and staff are adequately cross-trained.
IX. Methods for Referring Customers – General Provisions The spirit and intentions of the AJCC is to ensure that all customers receive services in a timely manner, and that the services provided by the One -Stop Operator and the Local Partners are experienced as seamless to the customer. The Local Partners shall commit to ensuring a high quality customer service and customer-centered focus.
In addition to the services listed by the Local Partners in Partner Services, which is attached hereto and incorporated herein as Attachment 1, the Parties agree that, when appropriate, each will provide customer referrals to other Local Partners.
All Local Partners agree that referrals of customers for service between the One-Stop Operator and the Local Partners, or between Local Partners, shall be done in a timely manner.
All Local Partners agree that when they receive referrals from other Local Partners, they shall provide services in a timely manner to the customer that was referred.
The Parties agree that customers who are deemed eligible and in need of training services shall receive that training in a timely manner. If the Local Partner does not provide or fund training services, it shall refer customers to the appropriate Local Partners who do provide those services in a timely manner.
X. Access for Individuals with Barriers to Employment
Individuals who are facing a challenge that may impede their ability to attain and/or retain employment are considered to have a “barrier to employment.” Individuals with at least one barrier to employment are a priority for the AJCC.
AJCC partners shall ensure access for individuals with barriers to employment. Individuals who may face barriers to employment include individuals who are:
A. Basic skills deficient;
B. Disabled;
C. Homeless;
D. Low-income or public assistance recipients;
E. Older workers;
F. Ex-Offenders;
G. Veterans; and/or
H. Limited English-speaking ability.
The AJCC ensures access to and priority for services to individuals with barriers to employment through center- based service delivery and virtual service delivery. Both approaches support the talent needs of the Local Area economy, although each may better serve different customers with different levels of service needs at any given time. It is the policy of the VWDB to implement a Priority of Service for designated populations of WIOA customers/applicants. Priority shall be given to the following:
A. Recipients of public assistance and other low-income individuals B. English Language Learners
C. Basic Skills Deficient Individuals
D. Veterans and their spouses
XI. Shared Technology and System Security
WIOA emphasizes technology as a critical tool for making all aspects of information exchange possible, including client tracking, common case management, reporting, and data collection. To support the use of these tools, each Local Partner agrees to:
A. Comply with the applicable provisions of WIOA Title I, Welfare and Institutions Code, California Education Code, Rehabilitation Act, and any other applicable statutes or requirements, as may be amended from time-to-time;
B. The principles of common reporting and shared information through electronic mechanisms, including shared data and technology;
C. Commit to share information to the greatest extent allowable under their governing legislation and confidentiality requirements;
D. Maintain all records of the AJCC customers or Local Partners (e.g. applications, eligibility and referral records, or any other individual records related to services provided under this MOU) in the strictest confidence, and use them solely for purposes di rectly related to such services;
E. Develop technological enhancements that allow interfaces of common information needs, as appropriate; and
F. Engage in developing, and form time -to-time updating and revising as needed, system security provisions which shall be agreed upon by all Local Partners.
XII. Confidentiality
The Local Partners agree to comply with the provisions of WIOA, where applicable, as well as the applicable sections of the California Welfare and Institutions Code, the California Education Code, the Rehabilitation Act, and any other appropriate statute o r requirement governing individual Local Partner programs to assure the following:
A. All applications and individual records related to services provided under this MOU, including eligibility for services and enrollment and referral, shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery of such services.
B. No person will publish, disclose, use, or permit or cause to be published, disclosed, or used, any confidential information pertaining to AJCC applicants, participants, or customers unless a specific release is voluntarily signed by the participant or customer.
C. Each Local Partner agrees to abide by the current confidentiality provisions of the respective statutes to which AJCC operators and other Local Partners must adhere and shall share information necessary for the administration of the program as allowed unde r law and regulation. The Local Partner, therefore, agrees to share client information necessary for the provision of services such as assessment, universal intake, program or training referral, job development or placement activities, and other services a s needed for employment or program support purposes.
D. Client information shall be shared solely for the purpose of enrollment, referral, or provision of services. In carrying out their respective responsibilities, each party shall respect and abide by the confidentiality policies of the other Parties. Confidential data will not be shared without the authorization of the applicant/customer.
XIII. Non-Discrimination and Equal Opportunity
No Local Partner shall unlawfully discriminate, harass, or allow unlawful discrimination or harassment against any employee, applicant for employment, or AJCC applicant due to gender, race, color, ancestry, religion, national origin, veteran status, physic al disability, mental disability, medical condition(s), age, sexual orientation or marital status. The Local Partner agrees to comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990) and related, applicable regulations, each as may be amended from time to time.
XIV. Grievances and Complaints Procedure
The Local Partners agree to establish and maintain a procedure for grievances and complaints as outlined in WIOA Title I. The process for handling grievances and complaints is applicable to both customers and Local 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. Each Local 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.
XV. Americans with Disabilities Act and Amendments Compliance Each Local Partner agrees to ensure that the policies, procedures, programs, and services provided at the AJCC are in compliance with the Americans with Disabilities Act and its amendments.
Additionally, each Local Partner agrees to fully comply with the p rovisions of WIOA, Title VII of the Civil Rights Act of 1964, the Age Decimation Act of 1975, Title IX of the Education Amendments of 1972, 29 CRF Part 37 and all other regulations implementing the aforementioned laws.
XVI. Effective Dates and Term of MOU
This MOU shall be binding upon each party hereto upon execution by all parties. The term of this MOU shall be three years, commencing on the date of execution by all parties. The MOU will be reviewed not less than once every three years to identify any substantial changes in laws and regulations that have occurred, and to ensure appropriate funding and delivery of services.
XVII. Modifications/Revisions
This MOU constitutes the entire agreement between the parties and no oral understanding not incorporated herein shall be applicable to 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.
The MOU Review Process is in alignment with the Employment Development Department (WSD 18- 12) as follows:
A. Comprehensive Review Process
a. Comprehensive Review of the MOU, including a review of the Infrastructure Funding Agreement (“IFA”), shall be conducted at least once every three years. Revised MOUs will be signed by each VJC partner. The term “year” refers to a Program Year (“PY”) which begins July 1
st and ends on June 30th.
B. IFA Review Process
a. IFA’s will be reviewed on an annual basis. Although federal guidance requires that the entire MOU be reviewed and updated a minimum of every three years, the ITA budgets must be reviewed annually and updated if there are substantial changes.
Changes will b e negotiated between the VWDB and the partners. MOUs will be revised and signed at least once every three years and, when so reviewed, will be reviewed by the end of May that year, and implemented July 1 st of the same year. The
IFA and any changes to the IFA shall be signed by the authorized representative(s) of the Local Board, the CEO and all AJCC partners identified in the MOU.
C. Annual Partner Review Process
Each Partner will review the MOU annually in order to determine if any changes in regulatory, and other requirements, or customer needs necessitate an amendment to or modification of the MOU that is then in place. Such reviews will be conducted by the end of April each year, except during years of Comprehensive Reviews as described above.
Revisions will be completed by May 31
st of each year and implemented July 1 st of the
same.
1. Should Partners determine that no changes are required after performing their annual review, they will submit an email to the VWDB noting “no changes to MOU”.
2. Should Partners determine that a substantial change is necessary at any time during the PY, they will notify the VWDB immediately in preparation for any change in MOU required prior to the review month (April of each PY).
XVIII. Termination
The Parties understand that implementation of the AJCC system is dependent on the good faith effort of every Local Partner to work together to improve services to the community. The Parties also agree that this is a project where different ways of working together and providing services are being tried.
In the event that it becomes necessary or desirable for one or more Parties to cease being a part of this MOU, the entity shall notify the other Parties, in writing, 30 days in advance of that necessity or desire.
XIX. Funding of Services and Operating Costs
The Parties agree to establish a clear and equitable approach to funding services and operating costs associated with the AJCC Local System. In accordance with WIOA requirements, shared costs will be determined through a consistent and mutually agreed- upon methodology listed in section XXI based on the Infrastructure Costs listed in Attachment 2.
The Parties to this MOU agree to the following:
A. The Parties shall share in the operating costs of the AJCC Local System . Cost allocations are outlined in Comprehensive AJCC Infrastructure Cost Sharing Budget, attached hereto as Attachment 2 and incorporated herein by this reference, and are based on general criteria applicable to all Parties and are proportional to each Parties’ level of involvement and participation in the AJCC Local System, if applicable.
B. Costs will be based on proportionate use and an agreed upon methodology(ies).
C. Shared costs will be applied consistently over time.
D. The methodology(ies) used in determining shared costs has been reflected and incorporated in this MOU.
Parties who are not identified in Attachment 4 will have no funding responsibility under this section. If the Parties desire to include additional funding from other Parties, then a written amendment must be signed and executed by all parties.
XX. Co-located Partners Sharing Infrastructure Costs
Co-located partner definition: All AJCC partners who have a physical presence within the center, either full -time or part -time. The Comprehensive AJCC Infrastructure Cost Sharing Budget is attached hereto and incorporated herein as Attachment 2.
One comprehensive AJCC exists within the Local Area:
Verdugo Jobs Center
1255 South Central Avenue
Glendale, CA 91204
The co-located partners are:
• WIOA Title I Adult and Dislocated Worker – Verdugo Jobs Center • WIOA Title I Youth - Glendale Youth Alliance
• WIOA Title III Wagner Peyser - Employment Development Department XXI. Sharing Infrastructure Costs- Methodology
When establishing the infrastructure cost budget, Local Boards have two options:
• Option 1: Develop a separate budget for each comprehensive AJCC. • Option 2: Develop a consolidated system -wide budget for its network of comprehensive AJCC.
The VWDB and AJCC partners have chosen Option 1: to develop a develop a separate budget for each comprehensive AJCC for developing the infrastructure cost budget. The Comprehensive AJCC Cost Sharing Methodology is attached hereto and incorporated herein as Attachment 4.
The Local Board and co -located partners agree to allocate proportionate share of infrastructure costs by identifying the proportion of an AJCC Partner program’s occupancy percentage of the AJCC compared to the occupancy percentage of all other co -located AJC Partner programs within the AJCC, based upon square footage used. The Comprehensive AJCC Space Usage Detail is attached hereto and incorporated herein as Attachment 3.
XXII. Non-colocated Partner Assurance
All other non-colocated partners agree to share the AJCC infrastructure costs when benefit data are available. When data are available to determine the AJCC benefit to non -colocated partners, the infrastructure cost sharing agreement will be renegotiated to include their proportionate share of contributions.
When the state implements a statewide data tracking system, and once such data are available, all non-colocated partners who are receiving benefit from the AJCCs will also be required to contribute their proportionate share towards infrastructure costs.
XXIII. Sharing Other One-Stop System Services
Sharing Other System Services is attached hereto and incorporated herein as Attachment 5 and includes a line item for applicable career services as identified and applied to each partner program.
XXIV. Costs for the Delivery of Applicable Career Services Cost of Applicable Career Services is attached hereto and incorporated herein as Attachment 6 and the budget includes 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.
XXV. License for Use
During the term of this MOU, all partners to this MOU shall have a license to use all of the space of the AJCC for the sole purpose of conducting acceptable AJCC services as outlined herein.
XXVI. Supervision/Day to Day Operations
The day -to-day supervision of staff assigned to the AJCCs will be the responsibility of the site supervisor(s). The original employer of staff assigned to AJCCs will continue to set the priorities of its staff. Any change in work assignments or any problem s at the worksite will be the management of the original employer, informing the site supervisor of said changes.
The office hours for the staff at the AJCCs will be established by the original employer and coordinated with the site supervisor(s). All staff will comply with the holiday schedule of their primary employer and will provide a copy of their holiday schedule to the host agency at the beginning of each fiscal year.
Disciplinary actions may result in removal of co-located staff from the AJCCs, and each party will
take appropriate action. Each party shall be solely liable and responsible for providing to, or on behalf of, its employee(s), all legally required employee benefits. In addition, each party shall be solely responsive and save all other parties harmless from all matters relating to payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters.
XXVII. Governing Law
This MOU is governed by and shall be interpreted in accordance with the laws of the State of California, any State WIOA enabling legislation, including Executive Orders of the Governor of the State of California, the WIOA, and any applicable Federal Rules and Regulations.
XXVIII. Unenforceable Provisions
In the event that any provision of this MOU is unenforceable, the Parties agree that all other provisions of this MOU have full force and effect and shall not be affected.
XXIX. Non-Financial Agreement
This MOU is non-financial in nature and binds no party or Local Partner to financial obligations(s) of any other. Any financial agreements between any of the Parties shall be outlined in separate documents.
XXX. Failure to Perform
Any failure on the part of a Local Partner to perform its duties and obligations under the terms of this MOU shall be handled as a dispute under subsection XXXI below.
XXXI. Dispute Resolution
Parties shall continue providing services required under this MOU and shall carry out all other responsibilities required of the Parties under this MOU during any dispute. Any party may call a meeting of all Parties to discuss and informally resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Cha ir of the VWDB who shall place the dispute upon the agenda of the next VWDB meeting. The Board shall mediate the dispute. The Parties agree to abide by the final resolution of the Verdugo Workforce Development Executive Committee.
XXXII. Individual Entities
The Parties to this MOU agree that this document is not intended to create a partnership or any other legal entity under the laws of the State of California. Each party remains a distinct, individual entity, separate from the other Parties to this MOU.
XXXIII. Employment Status
The Parties agree that each Local Partner is not the employer of any person receiving compensation for work performed under this MOU. The employment status of any person receiving compensation for work performed under this MOU is determined by the relationship established between the person performing the work and the Local Partner for whom the work is performed.
XXXIV. Performance
No Local Partner is responsible for the non-achievement of program goals of other Local Partners.
XXXV. Press Releases and Communications
All parties shall be included when 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 pu blic relations policies. Unless another party instructs otherwise, all communications shall include explicit acknowledgment of all other parties.
XXXVI. When it is not practical or possible to accommodate all Local Partner names or logos in marketing tools, the following statement shall be noted: To better serve the public, the Verdugo Jobs Center is sponsored by a Local Partnership of local and state agencies.
Headings
The subject headings of the paragraphs in this MOU are included for purposes of convenience only and shall not affect the construction or interpretation of any of the provisions herein.
XXXVII. Mutual Hold Harmless/Indemnification/Liability
In accordance with the provisions of Section 895.4 of the California Government Code, each Local Partner hereby agrees to indemnify, defend, and hold harmless all other Parties identified in this MOU from and against any and all claims, demands, damages, and costs (including court costs and attorney’s fees, except as provided in the next paragraph*) arising out of or resulting from any acts or omissions of the indemnifying Local Partner’s performance of the Local Partner’s obligations under this MOU.
*The obligation to pay court costs and attorney’s fees does not apply to 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.
This section’s indemnification and defense obligations shall survive termination or expiration of this MOU.
XXXVIII. Waiver of Breach
The waiver by any party of a breach by another party of any of the provisions of this MOU shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this MOU.
XXXIX. Further Assurances
Upon VWDB’s request at any time, each party shall promptly:
A. Take further necessary action; and
B. Sign, acknowledge, and deliver all additional documents as may be reasonable, necessary, or appropriate to carry out this MOU’s intent, purpose, and terms.
XL. Assignment
A. This MOU does not give any rights or benefits to anyone, other than to VWDB and the parties. All duties, obligations, and responsibilities under this MOU are for the sole and exclusive
benefit of VWDB and the parties, and are not for the benefit of another person, entity, or organization. Without VWDBs prior written authorization, the parties shall not do any one or more of the following:
i. Assign or transfer a right or interest— whether in whole, in part, temporarily, or otherwise— in this MOU; or
ii. Delegate a duty or obligation owed— whether in whole, in part, temporarily, or otherwise— under this MOU.
B. Any actual or attempted assignment of rights or delegation of duties by a party, without VWDB’s prior written authorization, is wholly void and totally ineffective for all purposes; and does not postpone, delay, alter, extinguish, or terminate the party’s duties, obligations, or responsibilities under this MOU.
C. If VWDB consents to an assignment of rights, or a delegation of duties, or both, the party’s assignee or legal representative shall agree in writing to personally assume, perform, and to be bound unconditionally by the covenants, obligations, terms, and conditions in this MOU.
XLI. Notices
Any notice required or permitted to be given by any party to this MOU shall be deemed given upon personal delivery to the other parties or two (2) days after being deposited in the United States mail, postage prepaid, first class mail addressed to the other parties at the following addresses, or to such other address as the parties may provide by written notice given in accordance herewith:
VWDB: City of Glendale Workforce Development Administration 1255 South Central Avenue Glendale, CA 91204
Attn: Judith Velasco
Telephone: (818) 548-2053
Fax: (818) 409-0463
Email: [email protected]
The parties: Each party’s address as identified on the signature page below.
XLII. Counterparts
This MOU may be signed by the parties in different counterparts, which together shall constitute one Agreement, even though all parties may not have signed the same counterpart.
XLIII. Digital Signatures
A signed copy of this MOU or any amendment thereto bearing a digital signature, shall be deemed to have the same legal effect as delivery of an original executed copy of this MOU or such amendment thereto for all purposes, and each digital signature should be given the same legal force and effect as a handwritten signature.
XLIV. Representation
Each party represents that:
A. They have read this MOU, fully understand its contents, and have received a copy of it; B. They have the full power to enter into and perform this MOU and to make the grant of rights contained in this MOU;
C. Through their duly authorized representative, they are authorized to sign this MOU, and they are bound by its term; and
D. They have executed this MOU on the date opposite their signature.
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures: Chief Elected Official
Signature Date
Name (Printed)
Mayor
Title
City of Glendale
Organization
613 E. Broadway Glendale CA 91206
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Name (Printed)
Chairperson
Title
Verdugo Workforce Development Board
Organization
1255 S. Central Ave. Glendale CA 91204
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Alexis Carter
Name (Printed)
Deputy Division Chief
Title
Employment Development Department
Organization
1255 S. Central Ave. Glendale CA 91204
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Karine Grigoryan
Name (Printed)
Executive Director
Title
Glendale Youth Alliance
Organization
1255 S. Central Ave. Glendale CA 91204
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Tom Fitzwater
Name (Printed)
Center Director
Title
Management and Training Corporation-Job Corps
Organization
1031 Hill Street Los Angeles CA 90015
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Name (Printed)
Library Services Director
Title
City of Burbank, Job Connect
Organization
110 N Glenoaks Blvd Burbank CA 91502
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Maria Chuayiuso
Name (Printed)
Employment Development Administrator
Title
State of California
Employment Development Department
Unemployment Insurance
Organization
P .O. Box 5007 Buena Park CA 90622
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Dr. Ryan Cornner
Name (Printed)
Superintendent/President
Title
Glendale Community College District
Organization
1500 N Verdugo Rd Glendale CA 91208
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Melissa Younesian
Name (Printed)
Workforce Manager
Title
City of Glendale,
Verdugo Jobs Center
Organization
1255 S. Central Ave. Glendale CA 91204
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Maureen McIntyre
Name (Printed)
Regional Director
Title
State of California,
Department of Rehabilitation
Organization
15400 Sherman Way, Suite 140 Van Nuys CA 91406
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Dr. Laura Trejo
Name (Printed)
Director
Title
Los Angeles County,
Department of Aging and Disabilities
Organization
510 S Vermont Ave 11th Floor Los Angeles CA 90020
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Jackie Contreras, Ph.D
Name (Printed)
Director
Title
Los Angeles County,
Department of Public Social Services
Organization
12820 Crossroads Parkway South City of Industry CA 91746 Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Mary Weaver
Name (Printed)
Executive Director
Title
Friends Outside In Los Angeles County
Organization
261 E Colorado Blvd #217 Pasadena CA 91101
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Kevin Koko
Name (Printed)
Chief Operating Officer
Title
United American Indian Involvement
Organization
1125 W 6th Street Suite 205 Los Angeles CA 90017
Street Address City State Zip
Signatures:
In witness thereof, the Parties execute this MOU.
Signatures:
Signature Date
Name (Printed)
Superintendent
Title
Burbank Unified School District,
Burbank Adult School
Organization
3811 Allan Ave Burbank CA 91505
Street Address City State Zip
Attachment list
1. Partner Services
2. Comprehensive AJCC Infrastructure Cost Sharing Budget
3. Comprehensive AJCC Space Usage Detail
4. Comprehensive AJCC Cost Sharing Methodology
5. Resource Sharing: Other One-Stop System Costs
6. Cost/Budget of Applicable Career Services
7. Area Map