Memorandum of Understanding
For
Santa Ana Workforce Development Board and the
Community Action Partnership of Orange County
Long Beach Job Corps
Rancho Santiago Community College District/
Santa Ana College
United American Indian Involvement
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2 MEMORANDUM OF UNDERSTANDING
1) LEGAL AUTHORITY
The Workforce Innovation and Opportunity Act (“WIOA”) sec. 121(c)(1) requires that each Local Workforce Development Area develop and enter into a Memorandum of Understanding ( “MOU”) with each America’s Job Center of California (“AJCC”) Partner, consistent with WIOA Sec. 121(c)(2). This requirement is further desc ribed in the WIOA; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the AJCC System Joint Provisions: Final Rule at 20 CFR 678.500, 34 CFR 361.500, and 34 CFR 463.500, and in Federal guidance.
2) AJCC Partner
The parties to this MOU are the City of Santa Ana, the Santa Ana Workforce Development Board (“SAWDB”), and the Community Action Partnership of Orange County , a non -collocated one- stop AJCC Partner.
3) PURPOSE
The purpose of the MOU is consistent with the provisions of WIOA sec. 121(c)(1), to establish a cooperative working relationship between the SAWDB and Community Action Partnership of Orange County , the non -collocated AJCC Partner, and to define their respective roles and responsibilities concerning the operation of the AJCC as it relates to shared services and customers.
It serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services. It also serves to establish a framework to support the established service delivery through the sharing of resources and costs. It is expressly understood that this MOU does not constitute a binding financial commitment, but rather an intent to commit specific resources in the future as the parties’ allocations and budgets are known and the America’s Job Center of California system evolves.
4) DURATION
The term of this MOU shall commence July 1, 2025 and terminate June 30, 2028. This MOU will remain in effect until the termination date, unless one of the conditions in section 28 occurs. 5) MODIFICATIONS AND REVISIONS
This MOU and its Attachments 1, 2, 3, and 4, constitute the entire agreement between the parties, and no oral understanding not incorporated herein shall be binding on any of the parties hereto.
This MOU may be modified, altered, or revised, as necessary, by mutual consent of the parties, by the issuance of a written amendment, signed and dated by the parties, which may require approval by the governing body of each Party. Assignment of responsibilities under this MOU by any of the parties shall require prior written notice and preapproval of all parties. Any assignee shall also commit in writing to the terms of this MOU.
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3 6) SANTA ANA WORKFORCE DEVELOPMENT STRATEGIES
Santa Ana’s vision rests on integrating current and future resources through its SAWDB Partners.
Integration suggests more than partnering or assembling multiple funding sources. It means making certain that all elements of the workforce support system work together to create inviting and seamless services wherever a client enters the system. Santa Ana’s vision is sensitive to the needs of its unique demographics. The SAWDB’s overall strategies include:
a) Identifying regional industry clusters (e.g., manufacturing cluster, medical cluster, etc.) to create new jobs in which Santa Ana’s workforce can participate; b) Expanding small business development support as a creator of new jobs and method for growing the local tax base;
c) Educating Santa Ana’s current and future workforce through classroom pre-training and training activities, plus on-the-job training and workforce skill enhancement activities; d) Offering career pathway programs for both unemployed and employed adults and youth; e) Increasing access to jobs for disconnected and underserved populations, especially youth; f) Organizing, integrating and supporting social and other services through the SAWDB’s network of partnerships, volunteer organizations, and established institutional resources; and,
g) Assuring funding from all public, private, and other sources in support of its programs.
7) ONE-STOP SYSTEM & SERVICES
A. LOCATION
The AJCC is currently located in Santa Ana as follows:
American Job Center (Comprehensive AJCC)
Santa Ana WORK CENTER
801 W. Civic Center Drive, Suite 200
Santa Ana, CA 92701
(714) 565-2600
Open to the Public: Monday – Friday 8:00 am-5:00 pm
The AJCC is currently located at the Santa Ana WORK Center (“SAWC”) as described in the Location of AJCC and all Partners, attached herein as Attachment 1 and incorporated herein by reference. Santa Ana ranks as the fourth densest city in the entire nation. SAWC, through its central location in downtown Santa Ana, shall provide and/or coordinate WIOA services to individuals, providing them with the necessary skills to participate in building a world -class workforce in Santa Ana. The SAWC offers the community a variety of informational, employment and training services based on individua l needs. Those needs are met by the combined efforts of the SAWC Partners as described by the Santa Ana AJCC Partner Services, included herein as Attachment 2 and incorporated herein by reference.
B. SERVICES PROVIDED AT THE SANTA ANA WORK CENTER
Services and referrals provided at the SAWC by AJCC Partners may include, but are not limited to, the following:
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4 1. Basic Career Services:
a. Eligibility determination;
b. Outreach, intake, and orientation to information and services; c. Initial assessment of skill levels, including: literacy, numeracy, and English proficiency; and, aptitudes, abilities, and support service needs; d. Labor exchange services, including:
i. Job vacancy listings in labor market areas;
ii. Information on job skills needed to obtain the vacant jobs; and, iii. Information relating to in-demand occupations, including earnings and opportunities for advancement;
e. Provision of performance and program cost information on the Eligible Training Provider List (“ETPL”) eligible programs by program and type of provider f. Provision of information in acceptable formats and languages that identify actual performance against performance accountability measures g. Provision of information related to support services h. Provision of information and assistance in filing Unemployment Insurance claims; and,
i. Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not funded through WIOA.
2. Individualized Career Services:
a. Comprehensive and specialized assessment of skill levels and service needs including: Diagnostic testing; and, other assessment tools; b. In-depth interview and evaluation to determine barriers and goals; c. Development of Individual Employment Plan (IEP) to identify goals, objectives, and services;
d. Group counseling;
e. Individual counseling;
f. Career planning;
g. Short-term pre -vocational services, including: development of learning skills; communication skills; and, other soft skills to prepare individuals for employment or training;
h. Workforce preparation activities, including: basic academic; and, obtaining other skills necessary for successful transition into postsecondar y education, training or employment;
i. Financial literacy services; and,
j. Out-of-area job search assistance and relocation assistance.
3. Training Services:
a. Occupational skills training;
b. On-the-Job training;
c. Incumbent worker training;
d. Programs that combine workplace training with related instruction, which may include cooperative education programs;
e. Training programs operated by the private sector;
f. Skill upgrading and retraining;
g. Entrepreneurial training programs;
h. Transitional jobs;
i. Job readiness training provided in combination with any of the aforementioned training Services;
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5 j. Adult education and literacy activities, including: activities of English language acquisition; and, integrated education and training programs provided concurrently or in combination with any of the aforementioned training services; k. Customized training;
l. Internships and work experiences that are linked to careers; and, m. English language acquisition and integrated education and training program.
4. Employer Services:
a. Recruitment and other business services on behalf of employers.
C. SYSTEM STRUCTURE
1. AJCC ONE-STOP OPERATOR PROCUREMENT
The SAWDB will procure the AJCC Operator through a competitive process in accordance with the Uniform Guidance Cost Principles contained in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 (Uniform Guidance), including the Office of Management and Budget’s (OMB ) approved exceptions for the U.S. Department of Labor at 2 CFR part 2900, WIOA and its implementing regulations, and local procurement laws and regulations. All documentation for the competitive AJCC operator procurement will be available for public inspection.
The State requires that the AJCC operator is re-competed at least every three years and no later than every four years.
2. ROLES AND RESPONSIBILITIES OF PARTIES
a. Provision of Applicable Career Services and Participation in Planning and Development:
The parties to this MOU will work closely together to ensure that the AJCC is a high - performing work place with staff that ensure quality of service. The AJCC Partner has indicated they shall provide an array of applicable career services to clients as se t forth in the Santa Ana AJCC Partner Services. The AJCC Partner agrees to the responsibilities required of all Partners under WIOA Section 121(b). In addition, the AJCC Partners will participate in joint planning, plan development, and modification of activities to accomplish the following:
i. Continuous partnership building;
ii. Continuous planning in response to state and federal requirements; and, iii. Responsiveness to local and economic conditions, including employer needs.
Parties agree to the co -enrollment of mutual customers in case management to better leverage the resources available for the benefit of the participant and enhance successful outcomes and participate in the operation of the one -stop system consistent with the terms of the MOU and requirements of authorized laws. Both parties agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or behavior that requires police intervention.
Parties agree to collaborate and reasonably assist each other in the development of necessary service delivery protocols for the services outlined in this MOU.
Parties agree that the provisions contained herein are made subject to all applicable federal
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6 and state laws, implementing regulations, and guidelines imposed on either or all the parties relating to privacy rights of customers, maintenance of records, and other confidential information relating to customers.
Parties agree that all equipment and furniture purchased by any party for purposes described herein shall remain the property of the purchaser after the termination of this MOU. b. Parties shall comply with:
i. Section 188 of the WIOA Nondiscrimination and Equal Opportunity Regulations (29 CFR Part 38; Final Rule, published December 2, 2016);
ii. Title VI and VII of the Civil Rights Act of 1964 (Public Law 88-352), as amended;
iii. Section 504 of the Rehabilitation Act of 1973, as amended;
iv. The Americans with Disabilities Act of 1990, as amended;
v. The Jobs for Veterans Act (Public Law 107-288) pertaining to priority of service in programs funded by the U.S. Department of Labor;
vi. Training and Employment Guidance Letter (TEGL) 37-14, Update on Complying with Nondiscrimination Requirements: Discrimination Based on Gender Identity, Gender Expression and Sex Stereotyping are Prohibited Forms of Sex Discrimination in the Workforce Development System and other guidance related to implementing WIOA sec. 188;
vii. The Non-traditional Employment for Women Act of 1991; viii. The Age Discrimination Act of 1967, as amended;
ix. The Age Discrimination Act of 1975, as amended;
x. Title IX of the Education Amendments of 1972, as amended;
xi. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part 99);
xii. Title IX of the Education Amendments of 1972, as amended;
xiii. Confidentiality requirements governing the protection and use of personal information held by the VR agency (34 CFR 361.38);
xiv. The confidentiality requirements governing the use of confidential information held by the State UI agency (20 CFR part 603); and,
xv. All amendments to each, and all requirements imposed by the regulations issued pursuant to these acts.
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7 The Partie s agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or activity that requires policy intervention.
8) AJCC PARTNER RESPONSIBILITIES
Partner commits staff, as appropriate , and to providing other professional learning opportunities that promote continuous quality improvement. Partner will further promote system integration to the maximum extent feasible through:
a. Effective communication, information sharing, and collaboration with the AJCC operator;
b. Joint planning, policy development, and system design processes;
c. Commitment to the joint mission, vision, goals, strategies, and performance measures;
d. The design and use of common intake, assessment, referral, and case management processes;
e. The use of common and/or linked data management systems and data sharing methods, as appropriate;
f. Leveraging of resources, including other public agency and non -profit organization services;
g. Participation in a continuous improvement process designed to boost outcomes and increase customer satisfaction; and
h. Participation in regularly scheduled Partner meetings to exchange information in support of the above and encourage program and staff integration.
Partner shall provide applicable career services to clients as set forth in the Santa Ana AJCC Partner Services.
9) REFERRALS
The primary principle of the referral system is to provide integrated and seamless delivery of services to workers, job seekers, and employers. In order to facilitate such a system, Partners will ensure and agree to:
a. Familiarize themselves with the basic eligibility and participation requirements, as well as with the available services and benefits offered, for each of the Partners’ programs represented in the AJCC network;
b. Develop materials summarizing their program requirements and making them available for Partners and customers;
c. Develop and utilize common intake, eligibility determination, assessment, and registration forms, as appropriate;
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8 d. Provide substantive referrals to customers who are eligible for supplemental and complementary services and benefits under Partner programs;
e. Regularly evaluate ways to improve the referral process, including the use of customer satisfaction surveys;
f. Commit to robust and ongoing communication required for an effective referral process;
g. Commit to actively follow up on the results of referrals and assuring that Partner resources are being leveraged at an optimal level;
h. Ensure that intake and referral processes are customer -centered with the intent to provide high quality customer service;
i. Ensure t hat general information regarding AJCC programs, services, activities, and resources shall be made available to all customers as appropriate;
j. Ensure that referrals will be made via email or other electronic means;
k. Ensure that referrals will include a dir ect link or access to other AJCC Partner staff that can provide meaningful information or service, through the use of co-location, or real-time technology (two-way communication and interaction with AJCC Partners that results in services needed by the customer); and,
l. Ensure that the referral process will include specific staff name, the activity required, desired outcome and a method fo r communicating back to the referring agency that the service need was addressed.
10) AJCC OPERATING BUDGET
The purpose of this section is to establish funds and services that contribute to the local AJCC.
The parties consider this AJCC operating budget necessary to maintain the SAWDB’s high - standard AJCC. It includes the following cost categories, as required by WIOA and its implementing regulations:
a. SAWC Infrastructure costs;
b. Career services; and
c. Shared services.
11) INFRASTRUCTURE FUNDING
The AJCC Comprehensive Infrastructure Budget, and Other System Cost Budget, included as part of Attachment 4 (Comprehensive Cost Allocation and Partner Contributions), is an integral component of the overall AJCC operating budget. The other component of the is the Applicable Career Services, attached herein as Attachment 3 and incorporated herein by reference, which includes t he shared operating costs and shared services. The overall AJCC operating budget includes the Comprehensive Cost Allocation and Partner Contributions, attached herein as Attachment 4 and incorporated herein by reference.
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9 12) AJCC DELIVERY SYSTEM COSTS
It is expressly understood that this MOU does not constitute a binding financial commitment, but rather an intent to commit specific resources in the future as the parties’ allocations and budgets are known and the America’s Job Center of California system evolves. For those partners that will require a cost sharing agreement, cost will be based on proportionate use and agreed upon methodology as applicable. AJCC partners with shared costs will be reviewed yearly and may be modified as needed by any partner as long as it is identified as a revision, and it is signed and dated by the applicable parties.
As required by WSD18-12, the amount of funds that the AJCC Partner has budgeted to expend on applicable career services and other shared services, which cumulatively with the other AJCC Partners budgeted amounts shall form the Comprehensive Cost Allocation and Partner Contributions.
a. Career Services Applicable to the AJCC Partner
The AJCC Partner shall provide applicable career services to clients as set forth in the Santa Ana AJCC Partner Services. The agreed upon Applicable Career Services Budget is set forth in Attachment 3 attached hereto and incorporated herein by reference. This budget consists of the AJCC Partner’s costs for the service delivery of each applicab le career service they indicated in the Santa Ana AJCC Partner Services.
b. Required Consolidated Budget for the Delivery of “Applicable Career Services” The other system costs budget must be a consolidated budget for applicable career services.
This budget must include each of the Partner’s costs for the service delivery of each applicable career service and a consolidated system budget for career services applicable to more than one Partner as indicated in the Comprehensive Cost Allocation and Partner Contributions.
AJCC Partners understand that while only collocated Partners share infrastructure costs, at this time, all non-collocated AJCC Partners must share in other System costs through non-cash (in- kind) contributions as set forth herein.
13) DATA SHARING
City/SAWDB is required to maintain policies and procedures for safeguarding PII. “Workforce Services Directive 16 -23 from the Employment Development Department and the California Workforce Development Board, mandates the use of one integrated data system. Accordingly, all Title I Workforce Innovation and Opportunity Act (WIOA) recipients and sub -recipients are required to be direct entry into CalJOBS.”
Parties further agree that the collection, use, and disclosure of customers’ personally identifiable information (PII) is subject to various requirements set forth in Federal and State privacy laws.
Partners acknowledge that the execution of this MOU, by itself, does not function to satisfy all of these requirements.
All data, including customer PII, collected, used, and disclosed by Partners will be subject to the following:
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10 a. Customer PII will be properly secured in accordance with the SAWDB’s policies and procedures regarding the safeguarding of PII;
b. The collection, use, and disclosure of customer education records, and the PII contained therein, as defined under FERPA, shall comply with FERPA and applicable State privacy laws;
c. All confidential data contained in Unemployment Insurance wage records mus t be protected in accordance with the requirements set forth in 20 CFR part 603;
d. All personal information contained in Vocational Rehabilitation records must be protected in accordance with the requirements set forth in 34 CFR 361.38;
e. Customer data may b e shared with other programs, for those programs’ purposes, within the AJCC network only after the informed written consent of the individual has been obtained, where required;
f. Customer data will be kept confidential, consistent with Federal and State privacy laws and regulations; and,
g. All data exchange activity will be conducted in machine readable format, such as HTML or PDF, for example, and in compliance with Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794 (d)).
14) CONFIDENTIALITY
There are strict confidentiality requirements under State and Federal laws. All parties expressly agree to abide by all applicable Federal, State, and local laws and regulations regarding confidential information, including PII from educational records, such as but not limited to 20 CFR Part 603, 45 CFR Section 205.50, 20 USC 1232g and 34 CFR part 99, and 34 CFR 361.38, as well as any applicable State and local laws and regulations.
Each party will ensure that the collection and use of any information, systems, or records that contain PII and other personal or confidential information will be limited to purposes that support the programs and activities described in this MOU and will comply with applicable law.
Each party will ensure that access to software systems and files under its control that contain PII or other personal or confidential information will be limited to authorized staff members who are assigned responsibilities in support of the services and activities described herein and will comply with applicable law. Each party expressly agrees to take measures to ensure that no PII or other personal or confidential information is accessible by unauthorized individuals.
To the extent that confidential, private, or otherwise protected information needs to be shared amongst the parties for the parties’ performance of their obligations under this MOU, and to the extent that such sharing is permitted by applicable law, the appropri ate data sharing agreements will be created and required confidentiality and ethical certifications will be signed by authorized individuals. With respect to confidential unemployment insurance information, any such data sharing must comply with all of the requirements in 20 CFR Part 603, including but not limited to requirements for an agreement consistent with 20 CFR 603.10, payments of costs, and permissible disclosures.
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11 With respect to the use and disclosure of FERPA -protected customer education records and the PII contained therein, any such data sharing agreement must comply with all of the requirements set forth in 20 U.S.C. § 1232g and 34 CFR Part 99.
With respect to the use and disclosure of personal information contained in VR records, any such data sharing agreement must comply with all of the requirements set forth in 34 CFR 361.38.
15) PRESS RELEASES AND COMMUNICATIONS
All parties shall be consulted and notified prior to communicating with the press, television, radio or any other form of media regarding its duties or performance under this MOU. Participation of each party in press/media presentations will be determined by each party's public relations policies.
The parties agree to utilize the AJCC logo developed by the State of California and the SAWDB on buildings identified for AJCC usage when applicable.
16) ACCESSIBILITY
Accessibility to the services provided by the AJCCs and all Partner agencies is essential to meeting the requirements and goals of the local AJCC network. Job seekers and businesses must be able to access all information relevant to them via visits to physical locations as well as in virtual spaces, regardless of gender, age, race, religion, national origin, disability, veteran’s status, or on the basis of any other classification protected under state or federal law.
17) NON-DISCRIMINATION AND EQUAL OPPORTUNITY
All parties to this MOU certify that they prohibit, and will continue to prohibit, discrimination, and they certify that no person, otherwise qualified, is denied employment, services, or other benefits on the basis of: (i) political or religious opinion or affiliation, marital status, sexual orientation, gender, gender identification and/or expression, race, color, creed, or national origin; (ii) sex or age, except when age or sex constitutes a bona fide occupational qualification; or (iii) the physical or mental disability of a qualified individual with a disability.
18) GRIEVANCES AND COMPLAINTS PROCEDURE
City is required to maintain a procedure for grievance and complaints per the WIOA. The AJCC Partner agrees to establish and maintain a procedure for grievance and complaints as outlined in WIOA. The process for handling grievances and complaints is applicable to customers and Partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The Partner further agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. All Partners agree to inform each other immedia tely when a customer violates an established policy that would require them to be banned from the center or involves police authorities.
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12 19) AMERICAN’S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE The AJCC Partner agrees to ensure that the poli cies and procedures as well as the programs and services provided at the AJCC are in compliance with the Americans with Disabilities Act (“ADA”) and its amendments. Additionally, the SAWDB and the AJCC Partners will ensure that policies and procedures established by the SAWDB and the AJCC Partners are in compliance with the ADA.
20) HOLD HARMLESS/INDEMNIFICATION/LIABILITY
In accordance with provisions of Section 895.4 of the California Government Code, each signatory hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU from and against any and all claims, demands, damages and costs arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. In addition, except for Departments of the State of California which cannot provide for indemnification of court costs and attorney’s fees under the indemnification policy of the State of California, all signatories to this MOU agree to indemnify, defend and hold harmless each other from and against all court costs and attorney’s fees arising out of or resulting from any negligent acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. It is understood and agreed that all indemnity provided herein shall survive the termination of this MOU.
21) SEVERABILITY
If any part of this MOU is found to be null and void or is otherwise stricken, the rest of this MOU shall remain in force.
22) DRUG AND ALCOHOL-FREE WORKPLACE
All parties to this MOU certify they will comply with the Drug-Free Workplace Act of 1988, 41 U.S.C. 702 et seq., and 2 CFR part 182 which require that all organizations receiving grants from any Federal agency maintain a drug-free workplace. The recipient must notify the awarding office if an employee of the recipient is convicted of violating a criminal drug statute. Failure to comply with these requirements may be cause for suspension or debarment under 2 CFR part 180, as adopted by the U.S. Department of Education at 2 CFR 3485, and the U.S. Department of Labor regulations at 29 CFR part 94.
23) CERTIFICATION REGARDING LOBBYING
All parties shall comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. Section1352), 29 C.F.R. Part 93, and 34 CFR part 82, as well as the requirements in the Uniform Guidance at 2 CFR 200.450. The parties shall not lobby federal entities using federal funds and will disclose lobbying activities as required by law and regulations.
24) DEBARMENT AND SUSPENSION
All parties shall comply with the debarment and suspension requirements (E.0.12549 and12689) and 2 CFR part 180 and as adopted by the U.S. Department of Labor at 29 CFR part 2998 and by the U.S. Department of Education at 2 CFR 3485.
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13 25) PRIORITY OF SERVICE
All parties certify that they will adhere to all statutes, regulations, policies, and plans regarding priority of service, including, but not limited to, priority of service for veterans and their eligible spouses, and priority of service for the WIOA title I Adult program, as required by 38 U.S.C. sec. 4215 and its implementing regulations and guidance, and WIOA sec. 134(c)(3)(E) and its implementing regulations and guidance. Partners will target recruitment of special populations that receive a focus for services under WIOA, such as individuals with disabilities, low -income individuals, basic skills deficient youth, and English language learners, as applicable.
26) BUY AMERICAN PROVISION
Each party that receives funds made available under title I or II of WI OA or under the Wagner - Peyser Act (29 U.S.C. Section 49, et. seq.) certifies that it will comply with Sections 8301 through 8303 of title 41 of the United States Code (commonly known as the “Buy American Act.”) and as referenced in WIOA Section 502 and 20 CFR 683.200(f).
27) SALARY COMPENSATION AND BONUS LIMITATIONS
Each party certifies that, when operating grants funded by the U.S. Department of Labor, it complies with TEGL 05-06, Implementing the Salary and Bonus Limitations in Public Law 109- 234, TEGL 15-22, Public Laws 114-113 (Division H, title I, Section 105) and 114-223, and WIOA section 194(15)(A), restricting the use of federal grant funds for compensation and bonuses of an individual, whether charged to either direct or indirect, at a rate in excess of the Federal Office of Personnel Management Executive Level II.
28) TERMINATION
This MOU will remain in effect until the end date specified in section 4 above, unless:
a. Federal oversight agencies charged with the administration of WIOA are unable to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of this MOU succeeding the first fiscal period. Any party unable to perform pursuant to MOU due to lack of funding shall notify the other parties as soon as the party has knowledg e that funds may be unavailable for the continuation of activities under this MOU;
b. WIOA is repealed or superseded by subsequent federal law; c. Local area designation is changed under WIOA; and,
d. A party breaches any provision of this MOU and such breach is not cured within thirty (30) days after receiving written notice from the SAWDB Chair (or designee) specifying such breach in reasonable detail. In such event, the non-breaching party(s) shall have the right to terminate this MOU by giving written notice thereof to the party in breach, upon which termination will go into effect immediately.
In the event of termination, the parties to the MOU must convene within thirty (30) calendar days after the breach of the MOU to discuss the formation of the successor MOU. At that time, allocated costs must be addressed.
This MOU is of no force or effect until signed by authorized representatives of the participating parties, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIOA Plan. Any party may withdraw from this MOU by giving written notice of intent to withdraw at least thirty (30) calendar days in advance of the effective
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14 withdrawal date. If agreed to by all parties, the timeframes for notice may be reduced or extended.
Notice of withdrawal shall be given to the SAWDB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties, a courtesy notification shall be made to all parties of this MOU in a timely manner.
29) NOTICES
All notices, requests, claims, correspondence, reports, statements authorized or required by this Agreement, and/or other communications shall be addressed as follows:
City of Santa Ana: City of Santa Ana
Administration Services
801 W. Civic Center Dr., Suite 200
Santa Ana, CA 92701
NON-COLLOCATED
PARTNER: Community Action Partnership of Orange County
11870 Monarch Street
Garden Grove, CA 92841
30) INSURANCE
The AJCC Partners agree that their current in force insurance or self-insurance coverage programs shall apply to their operations performed under the Workforce Innovation Opportunity Act, including commercial general liability, business personal property, workers’ compensation and employee dishonesty/crime coverages. The City of Santa Ana shall be named as additional insured, by endorsement, to the commercial general liability and employee dishonesty/crime insurance policies and the coverage shall be primary and non-contributory with regard to the City. 31) AUTHORITY AND SIGNATURES
The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing.
ATTACHMENTS
Attachment 1: AJCC Partners Location and Map
Attachment 2: Santa Ana AJCC Partner Services
Attachment 3: Applicable Career Services
Attachment 4: Comprehensive Cost Allocation and Partner Contributions
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
CITY OF SANT A ANA
Alvaro Nufiez
City Manager
SONIA R. CARY ALHO RECOMMENDED FOR APPROVAL:
City Attorney
By y/uMJ. ()jJ ?i,_4_� -� �/ �
Andrea Garcia-Miller Michael L. Garcia
Assistant City Attorney Executive Director
Community Development Agency
FOR SANTA ANA WORKFORCE DEVELOPMENT BOARD
Workforce Development Board Chair
FOR AMERICA'S JOB CENTER OF CALIFORNIA PARTNER
Community Action Partnership of Orange County
AJCC Partner
Gregory C. Scott, President & CEO
11870 Monarch St., Garden Grove, CA 92841
Partner Address
Date
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Attachment 1
AJCC Partners Location and Map
Partner Program Partner
Organization
Authorization/Category Physically
Co-Located
Title I Adult, Dislocated
Workers and Youth
programs
City of Santa Ana WIOA Title I Adult, Dislocated Workers, Youth Programs Yes
Adult Education/
Literacy and Carl Perkins
Career Technical
Education
Rancho Santiago
Community College
District
WIOA title II Adult Education and Family
Literacy Act (AEFLA) program
No
Career and technical education (CTE)
programs at the postsecondary level,
authorized under the Carl D. Perkins Career
and Technical Education Act of 2006 (20 U.S.C.
2301 et seq.)
Wagner-Peyser
Employment
Development
Department (EDD)
WIOA title III Wagner-Peyser Employment
Services, authorized under the Wagner-Peyser
Act (29 U.S.C. 49 et seq.), also providing the
state’s public labor exchange.
Yes
Veterans
Employment
Development
Department (EDD)
Jobs for Veterans State Grants (JVSG),
authorized under chapter 41 of title 38, U.S.C. Yes
Trade Act
Employment
Development
Department (EDD)
Trade Adjustment Assistance (TAA),
authorized under chapter 2 of title II of the
Trade Act of 1974 (19 U.S.C. 2271et seq.)
Yes
Unemployment
Insurance (UI)
Employment
Development
Department (EDD)
Unemployment Insurance (UI) programs under
state unemployment compensation laws. No
Vocational
Rehabilitation Services
State Department of
Rehabilitation
WIOA title IV State Vocational Rehabilitation
program authorized under title I of the
Rehabilitation Act of 1973 (29 U.S.C. 720 et
seq.)
Yes
Temporary Assistance
for Needy Families
(TANF)
Social Service
Agency-Family Self-
Sufficiency
Temporary Assistance for Needy Families
(TANF), authorized under part A of title IV of
the Social Security Act (42 U.S.C. 601 et seq.)
Yes
Senior Aid Program
Senior Aid Program
Regions II & III
SER-Jobs for
Progress, Inc.
Senior Community Service Employment
Program (SCSEP), authorized under title V of
the Older Americans Act of 1965 (42 U.S.C.
3056 et seq.)
Yes
Job Corps Long Beach Job Corps WIOA Title I C, Jobs Corps No Native American
Programs
United American Indian
Involvement, Inc.
Indian and Native American Programs (Section
166) No
Housing & Urban
Development
Santa Ana Housing
Authority
Housing & Urban Development (HUD) Yes
Adult Demonstration Orange County
Sheriff’s Department
Reentry Employment Opportunities (EO)
programs authorized under sec. 212 of the
Second Chance Act of 2007 (42 U.S.C. 17532)
and WIOA sec. 169
No
EXHIBIT 1B
Attachment 1
AJCC Partners Location and Map
EXHIBIT 1B
SANTA ANA AJCC Partner Services Attachment 2
1 Partner Name Entity/Program
SANTA ANA AJCC Partner Services
Service
Delivery
Method Career Training Employer
Title I Adult, DW, Youth City of Santa Ana
Adult Education/ Literacy Rancho Santiago
Community College District
Wagner-Peyser Employment Development
Department (EDD)
Veterans (Jobs for Veterans
State Grant)
Employment Development
Department (EDD)
Trade Act (Trade Adjustment
Assistance)
Employment Development
Department (EDD)
Unemployment Compensation Employment Development
Department (EDD)
Vocational Rehabilitation State Department of
Rehabilitation
TANF Social Service Agency-
Family Self-Sufficiency
Carl Perkins Career Technical
Education
Rancho Santiago
Community College District
Title V Older Americans Act
Senior Aid Program
Regions II & III SER-Jobs for
Progress, Inc.
Job Corps Long Beach Job Corps
Native American Programs
(Section 166)
United American Indian
Involvement, Inc.
Housing & Urban
Development Housing Authority
EXHIBIT 1B
SANTA ANA AJCC Partner Services Attachment 2
2 CAREER SERVICES: Basic Career Services (BCS) include self-help service services requiring minimal staff assistance and Individualized Career Services (ICS) requiring more staff involvement generally provided to individuals unable to find employment through basic career services, and deemed to be in need of more concentrated services to obtain employment; or who are employed but deemed to be in need of more concentrated services to obtain or retain employment that allows for self-sufficiency.
Basic Career Services
1. Eligibility Determination: This is the process of obtaining and documenting information about an individual's circumstances and comparing that information with the criteria set by an agency or program to decide if the individual qualifies for participation.
2. Outreach, Intake and Orientation: Outreach activities involve the collection, publication, and dissemination of information on program services available and directed toward jobless, economically disadvantaged, and other individuals. Intake is the process of collecting basic information, e.g., name, address, phone number, SSN, and all other required information to determine eligibility or ineligibility for an individual's program. Orientation, whether offered in a group setting, one-on-one, or electronically, is the process of providing broad information to customers in order to acquaint them with the services, programs, staff, and other resources at the Santa Ana Work Center, or its partner agencies.
3. Initial Assessment: For individuals new to the workforce system, initial assessment involves the gathering of basic information about skill levels, aptitudes, abilities, barriers, and supportive service needs in order to recommend next steps and determine potential referrals to partners or community resources.
4. Job Search, Placement Assistance, and Career Counseling: Job Search helps an individual seek, locate, apply for, and obtain a job. It may include but is not limited to: job finding skills, orientation to the labor market, resume preparation assistance, referrals to job openings, placement services, job search workshops, vocational exploration, and re-employment services such as orientation, skills determination, and pre-layoff assistance. Placement Assistance is a service that helps people to identify and secure paid employment. Career Counseling is a facilitated exploration of occupational and industrial information.
5. Employment Statistics-Labor Market Information: Collect and report data about employment levels, unemployment rates, wages and earnings, employment projections, jobs, training resources and careers; (LMI)
6. Eligible Provider performance and program Cost Information: Collect and provide information on:
A. Eligible training service providers (described in WIOA Section 122)
B. Eligible youth activity providers (described in WIOA Section 123)
C. Eligible adult education providers (described in WIOA Title II).
EXHIBIT 1B
SANTA ANA AJCC Partner Services Attachment 2
3 D. Eligible postsecondary vocational educational activities and vocational educational activities available to school dropouts under the Carl Perkins Act (20 USC 2301).
E. Eligible vocational rehabilitation program activities (described in Title I of the Rehabilitation Act of 1973).
7. Local Performance Information : Collect and provide information on the local area's recent performance measure outcomes.
8. Supportive Services' Information: Collect and provide information on services such as transportation, child care, dependent care, housing, and needs-related payments that are necessary to enable an individual to participate in employment and training activities.
9. Unemployment Compensation: Collect and provide information on filing claims for state benefit payments that protect individuals from economic insecurity while they look for work. Claims may be filed on-line or via telephone available in the Santa Ana Work Center.
10. Eligibility Assistance: Provide guidance to individuals on eligibility for other programs and on financial aid assistance for training and education programs that are available in the local area.
1l. Follow-Up Services: Services provided to participants who are placed in unsubsidized employment, for not less than 12 months after the first day of the employment. These services assist those individuals to maintain employment or qualify for promotions with that employment.
Individualized Career Services
12. Comprehensive and Specialized Assessments: A closer look at the skills levels and service needs that may include:
A. Diagnostic Testing and use of other assessment tools; and
B. In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals.
13. Individual Employment Plan Development: Working with individuals to identify their employment goals, the appropriate achievement objectives, and the appropriate combination of services that will help the individual achieve those goals.
14. Group Counseling
15. Individual Counseling and Career Planning
EXHIBIT 1B
SANTA ANA AJCC Partner Services Attachment 2
4 16. Case Management: For participants who receive training services under WIOA Section 134(d)(4).
17. Short-Term Prevocational Services: Can include development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training.
Training Services: Services offered through a training provider to help individuals upgrade their skills, earn degrees and certifications, or otherwise enhance their employability through learning and education. Types of training services include:
1. Occupational Skills Training: An organized program of study that provides specific vocational skills that lead to proficiency in performing actual tasks and technical functions required by certain occupational fields at entry, intermediate or advanced levels.
2. On-the-Job Training (OJT): Training by an employer that is provided to a paid participant while engaged in productive work that is limited in duration, provides knowledge or skills essential to the full and adequate performance of the job, and reimburses the employer for the costs associated with training the OJT trainee often calculated based on a percentage of the trainee's wages.
3. Workplace and cooperative education: Programs that combine workplace training with related instruction which may include cooperative education programs
4. Training programs operated by the private sector
5. Skills upgrading and retraining: Courses that prepare persons for entrance into a new occupation through instruction in new and different skills demanded by technological changes. These courses train incumbent workers in specific skills needed by that business or industry and that lead to potential career growth and increased wages. This includes courses that develop professional competencies that are particularly relevant to a vocational/occupational goal. It must be demonstrated that the training will result in the workers' acquisition of transferable skills or an industry-recognized certification or credential.
6. Entrepreneurial training
7. Job-readiness training
8. Adult Education and Literacy programs: Services or instruction below the postsecondary level for individuals who are not enrolled or required to be enrolled in secondary school under state law and lack basic educational skills to enable the individuals to function effectively in society and on a job, Services include, but are not limited to, one-on-one instruction, coursework, or workshops that provide direction for the development and ability to EXHIBIT 1B
SANTA ANA AJCC Partner Services Attachment 2
5 read, write, and speak in English, compute, and solve problems, at levels of proficiency necessary to function in society or on the job,
9. Customized training: Training that is designed to meet the special requirements of an employer or group of employers and that is conducted with a commitment by the employer to employ an individual upon successful completion of the training and for which the employer pays for a portion of the cost of training.
Employer Services: Santa Ana Work Center services offered to employers include:
1. Employer needs assessment: Evaluation of employer needs, particularly future hiring and talent needs.
2. Job posting: Receiving and filling of job openings; searching resumes; providing access to a diverse labor pool.
3. Applicant pre-screening: Assessing candidates according to the employer's requirements and hiring needs; referring candidates based on their knowledge, skills, and abilities relative to the employer requirements.
4. Recruitment assistance: Raising awareness of employers and job openings and attracting individuals to apply for employment at a hiring organization. Specific activities may include posting of employer announcements, provision of job applications, and hosting job fairs and mass recruitment.
5. Training assistance: Providing training resources to enable employers to upgrade employee skills, introduce workers to new technology, or to help employees transition into new positions.
6. Labor Market Information: Access to information on labor market trends, statistics, and other data related to the economy, wages, industries, etc.
7. Employer information and referral: Provision of information on topics of interest to employers such as services available in the community, local training providers, federal laws and requirements, tax information, apprenticeship
8. programs, human resource practices, alien labor certification, incentive programs such as WOTC or the federal bonding program, etc.
9. Rapid Response and Layoff Aversion: Provision of services to prevent downsizing or closure, or to assist during layoff events, Strategies may include incumbent worker training to avert lay-offs, financing options, employee ownership options, placement assistance, worker assessments, establishment of transition centers, labor- management committees, peer counseling, etc.
EXHIBIT 1B
SANTA ANA AJCC Partner Services Attachment 2
6 Service Delivery Codes: How will your agency provide the services indicated?
Code Method Description
FT On-Site Staff Full Time
PT On-Site Staff Part Time
T Access Via Telephone
A Access Via Automated System
B Brochure/Handout
P Posting at One-Stop Center
O Other
NA Not Applicable
EXHIBIT 1B
Attachment 3 APPLICABLE CAREER SERVICES
Sharing Other One-Stop Delivery System Costs
The budget must include “applicable career services” as well as any other shared costs agreed upon by the AJCC partners. While only co-located partners share infrastructure costs, all One-Stop partners must share in other system costs, including applicable career services.
Required Consolidated System Budget for “Applicable Career Services” Summary of Career Services Applicable to Each AJCC Partner The MOU requires identification of the career services that are applicable to each partner program (Attachment 2). Accordingly, this budget includes each of the partner’s costs for the service delivery of each applicable career service.
Unlike infrastructure cost sharing, other system costs, including “Applicable Career Services” are not limited to the non -personnel costs and should include all costs related to the administration and delivery of those services.
AJCC Applicable Career Services CAPOC
Career Services:
• Eligibility Determination (1)
• Outreach, Intake and Orientation (2)
• Initial Assessment (3)
• Job Search, Placement Assistance, and Career Counseling (4) • Employment Statistics-Labor Market Information (5)
• Eligible Provider performance and program Cost Information (6) • Local Performance Information (7)
• Supportive Services' Information (8)
• Unemployment Compensation (9)
• Eligibility Assistance (10)
• Follow-Up Services (11)
• Comprehensive and Specialized Assessments (12)
• Individual Employment Plan Development (13)
• Group Counseling (14)
• Individual Counseling and Career Planning (15)
• Case Management (16)
• Short-Term Prevocational Services (17)
XX,000.00
EXHIBIT 1B
Training
• Occupational Skills Training (1)
• On-the-Job Training (OJT) (2)
• Workplace and cooperative education (3)
• Training programs operated by the private sector (4)
• Skills upgrading and retraining (5)
• Entrepreneurial training (6)
• Job-readiness training (7)
• Adult Education and Literacy programs (8)
• Customized training (9)
$XX,000.00
Attachment 3
APPLICABLE CAREER SERVICES
Employer Services
• Employer needs assessment (1)
• Job posting (2)
• Applicant pre-screening (3)
• Recruitment assistance (4)
• Training assistance (5)
• Labor Market Information (6)
• Employer information and referral (7)
• Rapid Response and Layoff Aversion (8)
$XX,000.00
Total Career Service Cost
$XX,000.00
EXHIBIT 1B
Attachment 4
EDD 9345.17 48.37% 23,298.59$ 876.03$ 5,296.20$ 29,470.82$ 1,493,317.04$ Santa Ana WORK Center (City of Santa Ana) 6057.45 31.35% 15,101.92 $ 1,375.34$ ‐$ 4,324.31$ 20,801.57$ ‐$ 1,235,907.20$ Department of Rehabilitation 161.93 0.84% 403.71$ 13.69$ 98.62$ 516.02$ ‐$ 2,945,349.48$ Social Services Agency‐Family Self‐Sufficiency 868.97 4.50% 2,166.44$ 199.29$ 2,365.73$ 800,000.00$ Santa Ana Housing Authority 324.00 1.68% 807.77$ 27.39$ 114.04$ 949.21$ 82,290.00$ SER Jobs for Progress 324.00 1.68% 807.77$ 27.39$ 197.25$ 1,032.41$ 2,945,349.48$ Rent Stabilization Division 1915.48 9.91% 4,775.51$ 161.91$ 523.76$ 5,461.18$ 225,000.00$ Santa Ana Public Library 324.00 1.68% 807.77$ 27.39$ 88.79$ 923.95$ 1,511,191.70$ Total Rentable Space 19321.00 100.00% 48,169.48 $ 1,633.11$ 876.03$ 10,842.26$ 61,520.89$ ‐$ 6,556,863.72$ Revised 3/20/25 7:20:15 AM
Comprehensive Cost Allocation and Partner Contributions AJCC (Comprehensive)
Partner Program
Square Footage
Paid for Based on
Office Sharing /
Payment Ratio
% of Total
Square
Footage
Monthly ChargesMonthly Property
Rent*
Monthly Rent +
and Charges
Partner
Contributions
Yearly Career
Services**
Amount : In‐
Kind
Operational Cost
and Management
Fees
CAM Charges
EXHIBIT 1B