HomeMy WebLinkAboutORANGE COUNTY WORKFORCE INVESTMENT BOARD - 2001-04-02 ORANGE COUNTY
WORKFORCE INVESTMENT BOARD
1300 S.GRAND AVENUE,BLDG.B,3RD FLOOR
SANTA ANA,CA 927054407
PHONE:(714)567-7371 FAx:(714)834-7132
July 9, 2001
Mr. James Iamb
Project Manager, Business Development
City of Huntington Beach
Economic Development
P.O. Box 190
Huntington Beach, CA 92648
Subject- MOU between City and County
Dear Jim:
Attached is the fully executed copy of the Memorandum of Understanding (MOU) between the
County of Orange, working through the Orange County Workforce Investment Board and the
City of Huntington Beach. For the development and operation of a workforce service delivery
system.
If you have arty questions, please call me at 714, 567-7523. Thank you for your assistance with
this.
Sincerely,
w - ,��
W. Michae McMillan
Contracts & Procurement Manager
OC Workforce Investment Board
enclosures
MISSION STATEMENT
TO RESPOND TO THE NEEDS OF BUSINESSES,JOB SEEKERS AND STUDENTS THROUGH
AN INTEGRATED WORKFORCE DEVELOPMENT SYSTEM
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF ORANGE, WORKING THROUGH THE
ORANGE COUNTY WORKFORCE INVESTMENT BOARD
AND THE CITY OF HUNTINGTON BEACH
FOR THE DEVELOPMENT AND OPERATION OF
A WORKFORCE SERVICE DELIVERY SYSTEM
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This Memorandum of understanding (MOU) is made and entered into the,M day of
2001, by and between the County of Orange, through the Orange
County Workforce Investment Board, hereinafter referred to as "the County," and the City of
Huntington Reach, a California municipal corporation, hereinafter referred to as "the City."
1. PURPOSE
The purpose of this Memorandum of Understanding is to establish a cooperative
partnership between the County and the City in the development and operation of a workforce
service delivery system under the Workforce Investment Act of 1998 (the WIA"). In entering
into this Memorandum of Understanding ("the MOU"), the parties make the commitment to
maintain not only the basic provisions of the WIA, but also to enact the basic guiding principles
for California's One-Stop delivery system, that services be:
a. Integrated: offering as many employment, training and education services as possible;
b. Comprehensive: offering a large array of useful information with «vide and easy
access to needed services;
c. Customer Focused: providing the means for customers to judge the quality of services
and make infornied choices; and
d. Performance based: based on clear outcomes to be achieved; mutually negotiated
outcomes and methods for measurements.
2. TERM/AMENDMENTS
The term of this MOU is for one (1) year, starting from the date the MOU is approved the
City Council of the City. The MOU shall automatically be renewed for successive twelve-month
periods unless the Parties terminate the MOU in accordance with Paragraph 10 hereof.
Amendments to this MOU may be made upon written agreement of the parties, 30 days prior to
the effective date of the change.
4?.000 Agar JUOCCnICT M 0 1 1 02
K[.S 00.77fi
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3. RESPONSIBILITIES OF THE. PARTIES
The parties to this MOU agree to participate in a joint planning process, which shall
result in the development and operation of a Workforce Investment Service Delivery Program
("the Program") in the City of Huntington Beach. The parties agree to integrate services to the
extent possible, in bringing together resources of program, staff, and'or funding respectively, to
provide the Program.
The Program shall be focused on two main customer groups,job seekers and employers,
and shall include:
a. Basic eligibility determination for WIA Title I B Services;
b. Outreach, intake and orientation to basic services available;
C. Initial assessment of skills, aptitudes, abilities and supportive services;
d. Job search and placement assistance including career counseling;
e Provision of employment data and labor market information;
f. Provision of performance information including cost data, related to all services
provided;
g. Employment referral;
h. FoIlow-up Services for customers attaining employment for not less than 12
months after the first known day of employment.
The County will:
a. Provide staff support and management for the City of Huntington Beach workforce
investment Community Job Center as part of an overall management team strategy.
b. Ensure the allocation of WIA resources available within the City of Huntington
Beach.
c. Provide a wide arrav of labor market information services for projected employment
opportunities requiring enhanced job skills.
d. Provide rapid response services for addressing employer dislocations.
e. Provide information and linkage in obtaining employer financial incentives in hiring
of workforce investment service delivery customers_
f. Establish coordination linkages with economic development entities.
2
-4 2000 AErec-Juhccnlci Mot:H2
KLS 0U-779
3:IO.01
• •
The City will:
a. Provide space appropriate for the delivery of Community Job Center functions.
b. Provide staff support for delivery of workforce investment services as part of its
economic development efforts.
c. Work to specifically leverage additional non-WIA funding to the workforce
investment program.
d. Assist in the development of layoff aversion strategies for local business.
4. METHODS OF REFERRAL
The parties agree to develop jointly and mutually implement processes and forms for
common intake and referral. The parties agree to cross-train staff on the services offered through
The Program. The parties to this MOU agree to evaluate this process and modify it to changing
requirements or needs.
5. JOINT PLANNING
The parties agree to participate in a joint planning process that results in the development
of a workforce investment plan for the City. The parties agree to engage in planning, plan
development, and modification activities, to result in:
a. Continuous partnership building between the parties;
b. Continuous partnership building and planning responsive to State requirements;
c. Continuous partnership between State and local representatives engaged in WIA
activities and related workforce preparation and development;
d. Responsive to specific local and economic conditions including employer needs;
e. Adherence to strategic planning principles adopted for W°IA long range planning.
Promote workforce investment system in a spirit of quality management and continuous
improvement.
6. EMPLOYER SERVICES
The parties to this MOU acknowledge that employers are a primary Workforce
Investment program customer and agree to the following:
3
a 2W0 \grcc lnhtcnrcr MOU p2
RLS00-77R
a. Direct employer input shall be sought in matters related to Workforce Investment
services and its planning, and operations;
b. Employer input related to employer needs shall be sought through all possible avenues
such as job development activities,job fairs, trade associations, chambers of commerce, etc.
c. The guidance of the County shall be specifically sought in designing targeted
employer services:
Employer Director
Tax credit information or processing;
Assessment of client skills, interest, aptitude and/or work values;
Business assistance;
Interviewing facilities;
Customi/ed training;
Skills training;
Job readiness training
7. UNIVERSAL. ACCESS
The parties agree that The Program's core set of career decision-making and job search
tools shall be made available to all job seekers. Policies adopted locally for ensuring access for
all customers including those with special needs, include those with:
a. literacy deficits;
b. physical or learning disabilities;
c. limited English speakers;
d. others with economic or geographical barriers to service or employment.
8. CONFIDENTIALITY
The parties to this MOU agree to comply with the provisions of the W IA, and applicable
sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation
Act, and/or any other appropriate statute or requirement to assure that:
a. All applications and individual records related to services'provided under this MOU,
including eligibility for services, 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.
a
5+2000.Apee Julxcnter MOO t2
k�ti 00•;78
b. No person will publish or disclose use, or permit, cause to be published disclosed or
used, any confidential information pertaining to Community Resource Center applicants,
participants, or customers overall.
c. Additionally, each party agrees to abide by the current confidentiality provisions of
respective statutes and shall share information necessary for the administration of the program.
The parties therefore agree to share client information necessary for provision of services under
the WIA; i.e.: assessment; universal intake; program or training referral;job development or
placement activities; and other services as needed for employment or program support purposes.
9. APPROVAL
This MOU is of no force or effect until approved by action of each party and signed by
authorized representatives of the County and the City. The MOU, once signed, shall become a
part of the City's WIA Plan.
10. TERMINATION
This MOU may be terminated by either party, with or without cause, upon 30 days notice
to the other party.
11. HOLD HARMLESS
The County shall protect, defend, indemnify and save hold harmless the City, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out of or
in connection with the County's performance of this MOU or its failure to comply with any of its
obligations contained in this MOU by the County, its officers, agents or employees except such
loss or damage which was caused by the sole negligence or willful misconduct of the City. The
City shall be reimbursed by the County for all costs and attorney's fees incurred by the City in
enforcing this obligation.
The City shall protect, defend, indemnify, and save gold harmless the County, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out of or
in connection with the City's performance of this MOU, or its failure to comply with any of its
obligations contained in this MOU by the City, its officers, agents, or employees except such loss
or damage which was caused by the sole negligence or willful misconduct of the County. The
County shall be reimbursed by the City for all costs and attorneys' fees incurred by the County in
enforcing this obligation.
s
412000 Aurcc Jobccnwr\101:92
K1 S 00-778
3'19 01
- • i
12. WORKERS' COMPENSATION INSURANCE,
The County shall provide commercial or self-insurance providing statutory workers'
compensation coverage in the amounts required by law for all of its employees.
The County shall require proof of workers' compensation coverage from all contractors
and sub-contractors, which includes a waiver of subrogation.
13. GENERAL LIABILITY INSURANCE
The County shall provide commercial or self-insurance providing the following coverage
without self-insured retention, deductible or other limitation on the required coverage, and
naming the City as additional insured:
General Liability: S 1,000,000.00
Automobile Liability: S 1,000,000.00
14. PROFESSIONAL. LIABILITY INSURANCE
The County shall provide commercial or self-insurance providing professional liability
coverage of$1,000,000.00
15. CERTIFICATES OF INSURANCE
Prior to commencing work hereunder, the County shall provide a certificate or
certificates of insurance evidencing such coverage as required by this Agreement, subject to the
approval of the City Attorney_ Such coverage shall be provided through the County of Orange,
and it shall not be suspended or canceled without 30 days prior written notice to the City, and
such coverage shall be maintained through the entire term of this Agreement.
16. INDEPENDENT CONTRACTOR
The County is, and shall be, acting at all times in the performance of this Agreement as
an independent contractor herein and not as an employee of the City. The County shall secure at
its expense, and be responsible for any and all payment of all takes, social security, state
disability insurance compensation, unemployment compensation and other payroll deductions for
the County and its officers, agents and employees and all business licenses, if any, in connection
with the services to be performed hereunder.
4120(j)Agree Johcenler MOU a2
R!,00-779
3'lrn]
17. ASSIGNMENT AND SUBCONTRACTING
This MOU is a personal service contract and the work hereunder shall not be delegated
by the County to any other person or entity without the express written consent of the City.
18. CITY EMPLOYEES AND OFFICIALS
The County shall employ no official or any regular employee of the City in the work
perfornied pursuant to this MOU. No officer or employee of the City shall have any financial
interest in this MOU in violation of the applicable provisions of-the California Government
Coyle.
19. SECTION HEADINGS
The titles, captions, section, paragraph, subject headings and descriptive phrases at the
beginning of the various sections in this MOU are merely descriptive and are included solely for
convenience of reference only and are not representative of maters included or excluded from
such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this MOU.
20. INTERPRETATION OF THIS AGREENIE)\T
The language of all parts of this MOU shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. It-any prevision of
this MOU is held by an arbitrator or court of competent jurisdiction to be unenforceable, void,
illegal or invalid, such holding shall not affect the remaining covenants and provisions of this
MOU. No covenant or provision shall be deemed dependent upon any other unless so expressly
provided here. As used in this MOU, the masculine or neuter gender and singular or plural
number shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act contrary
to law, and wherever there is any conflict between any provision contained herein and any
present or future statute, law, ordinance or regulation contrary to which the parties have no right
to contract, then the latter shall prevail, and the provision of this MOU which is hereby affected
shall be curtailed and limited only to the extent necessary to bring it within the requirements of
the lain.
21. IMMIGRATION
The County shall he responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United States Code regarding employment verification.
7
311004)As Jobcentcr NIOLI:13
RI S 00-778
3:I9iDI
22. LEGAL SERVICES SUBCONTRACTING PROHIBITED
The County and the City agree that the City is not liable for payment of any subcontractor
work involving legal services, and that such legal services are expressly outside the scope of
services contemplated hereunder. The County understands that pursuant to Huntington Beach
City Charter Section 309, the City Attorney is the exclusive legal counsel for the City, and the
Citv shall not be Iiable for payment of any legal services expenses incurred by the County.
23. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
MOU or to secure the performance hereof, each party shall bear its own attorney's fees.
24. NOTICES
Any notice required to be given under this MOU shall be given either by personal
delivery or by enclosing such notice in a scaled envelope, postage prepaid, and depositing said
envelope in the U-S_ Mail, addressed as follows:
To the County: To the City:
Courf �lm_ s ��hCy Director of Lconomic Development
lamS- Grc�+�,. ? ���5. l�3' � City of 1 Iuntington Beach
snjalrk�No1,, C.11 q��7p S _ 2000 Main Street
Pctarr'. %A.a Cwj r0 UWk%1%— Huntington Beach, CA 92648
REST OF PAGE INTENTIONALLY LEFT BLANK
s
a:'_(x 0-Agree Juhcenter MOU d2
Hl_S()1l•778
l:1 Q:01
25. ENTIRETY
This MOU contains the entire agreement between the parties respecting the subject
matter of this MOU and supercedes all prior understanding and agreements whether oral or in
writing. The foregoing sets forth the entire Agreement between the parties.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
A California municipal corporation a political subdivision of the
State of California
Mayor Chainffan of the Board of Supervisors
ATTEST: ATTEST: ego,� ,
Q m
City Clerk Cle""&of the Board of Supe sors U�QFOQ^C
APPROVED AS TO FORM: APPROVED AS TO FORM:
A-1i 1�
CgitVkttomey
Co ty Counsel
\ \
INITIATED AND APPROVED: WED AMAPPRV .
&d �. Ads V
Director of Economic Development O ange County Workfo e vestment
Board Chair
REVIEWED AND APPROVED:
City Administrator
9
4/2000 Agree:Jobcenter MOU#2
RLs 00-778
3/19101
at
Council/Agency Meeting Held: Ovl^02 a)
Deferred/Continued to:
A proved ❑ Conditionally Approved . ❑ Denied - it CI r ' Signature
Council Meeting Date: April 2, 2001 Department ID Number: ED 01-15
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
a
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL `-'
SUBMITTED BY: RAY SILVER, City Administrator -oe21W s
ca
PREPARED BY: RON LOWENBERG, Chief of Police Cn
DAVID C. BIGGS, Director of Economic Development w
SUBJECT: Approval of Memorandum of Understanding with Orange County
Workforce Investment Board to Support and Manage the City's
Community Job Center
Statement of Issue,Funding Source,Recommended Action,Alternative Actian(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: After successfully operating and managing the City's Community Job
Center at 18131 Gothard for over a year, City staff has investigated the feasibility of turning
over the day-to-day functions to the County of Orange, Workforce Investment Board
(OCWIB). Because of the connections that the OCWIB has with partners such as
Employment Development Department, Orange County Private Industry Council, and
schools including Golden West, Orange Coast, Coastline, and Huntington Beach Adult
School, the clients at the Job Center could also be screened for placement into longer-term
programs.
Funding Source: No Additional City Funds Required.
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute the attached Memorandum of
Understanding between the Orange County Workforce Investment Board and the City of
Huntington Beach for the support and management of the City's Community Job Center.
Alternative Action(s): Do not approve the MOU with the County of Orange to support and
manage the Community Job Center.
REQUEST FOR ACTION
MEETING DATE: April 2, 2001 DEPARTMENT ID NUMBER: ED 01-15
Analysis: On September 16, 1999, the City opened the community job center at 18131
Gothard street. The creation of this job center was a cooperative effort between local
merchants and the City, headed by the Police Department. The principal goal was to have a
central meeting place where day laborers and local residents/businesses could meet to
arrange for temporary work. The Job Center is very successful, having served 7,469 people
its first year, and City staff is desirous of finding a qualified entity to take over the day-to-day
operations of the job center, and to better link the center's clients to other available
programs. The County of Orange, Workforce Investment Board, is such an entity, and
operates the Regional One-Stop Centers which collaborate with federal, state, county and
local agencies and business to benefit county residents and employers.
While the Police Department has been the day-to-day manager of the Job Center, the
Economic Development Department will assume that role and will administer this contract
with the County of Orange, Workforce Investment Board.
The Regional One-Stop Centers serve two clients. For the business community, they match
employer needs with job seeker capabilities. Through On-the-Job Training, they provide
employers the opportunity to gain skilled, pre-screened employees. Information services on
Unemployment and Disability Insurance, current labor market trends, wages, and
employment projections are provided. There are also Outplacement Services provided to
laid-off employees. The second client is the job seeker. Skills are determined and matched
with job opportunities. Career counseling, assessment, and training are encouraged to assist
individuals in finding and retaining employment or in making career changes.
Current funding for the services comes through the Orange County Workforce Investment
Board (OCWIB) down to the Regional One-Stop Centers. The OCWIB is committed to
working with the City of Huntington Beach and providing on-site management at the
community job center. Working with the two current city staff, one-stop staff will expand the
services. This is a federal program that is expected to continue in the years to come. The
goal of the OCWIB is to provide additional on-site services to the city. Management
oversight of this project will come from the Business Outreach Manager with additional
services coming from the on-site Workforce Specialist staff. Through the expansion of
services, the community will receive enhanced job services and educational assistance
provided through the community colleges and the Huntington Beach Adult School. Local
businesses will have better access to services through on-site assistance provided by a
Workforce Specialist and through a Business Outreach Specialist working through the
Chamber, economic development staff and one-on-one contact with employers.
Environmental Status: NIA
rcajobcenter900 -2- 3I21101 3:31 PM
REQUEST FOR ACTION
MEETING DATE: April 2, 2001 DEPARTMENT ID NUMBER: ED 01-15
Attachment(s):
NumberCity Clerk's
Page Description
1. Memorandum of Understanding Between the City of Huntington Beach
and the Orange County Workforce Investment Board.
RCA Author: J. Lamb, Ext.5186
rcajobcenter900 -3- 3121101 131 PM
- i •
I) General Liability
SO
COLNNTY OF ORANGE 2) Professional Liabiliry
CERTi1FICATE OF SELF-INSULANCE 3) Workers' Compensation
4) Automobile Liability
Office of Risk Management, 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701
Coverses: This is to certify t:-i3t the County of Orange is self-insured for the following
coverages,
Type of Coverage Self-Iasurance Limit
General Liabi:iry: Bodily Injury and Property Damage S1,000,000
Professional Liability $1,000,000
Workers' Compensation Statutory
Automobile Liability" Vehicles owned, nor,-owned and hired s1,000,000
Termer Co ditaota5 and_Specialltems:
The provisions under General Liability, above, shall apply only with respect to claims arising out of the
negligent acts or omissions of the County of Orange, its officers, agents and employees or any other
person under its direction and control.
Cancellation: Should any of the above described self-insured coverages be modified or cancelled before
the expiration date shown belcu, the County of Orange will provide 30 days written notice to the named
certificate holder.
Certificate Holder Date Certificate Issued- 03/22/01
City of Huntington Beach Certificate Expiration Dme: 06/30102
2000 Main Street
Huntington Beach, CA 92648
ATTN. Jim Lamb
For Development and Operation of a Workforce Service Delivery haron O. Light older
System Manager, Frisk Management
Certificate Holder i& an Additional Insured 714-834-2815
GAIT, MUTTON
SICert20001CSA3.20 01.x1s CI'F1"
By.
Attorney
MOU Between the City and the OC Work Force Investment Board
MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF ORANGE, WORKING THROUGH THE
ORANGE COUNTY WORKFORCE INVESTMENT BOARD
AND THE. CITY OF 14UNTINGTON BEACH
FOR THE DEVELOPMENT AND OPERATION OF
A WORKFORCE SERVICE DELIVERY SYSTEM
This Memorandum of Understanding(MOU) is made and entered into the hcI day of
2001, by and between the County of Orange, through the Orange
County tVor00TCe Investment Board, hereinafter referred to as "the County," and the City of
Huntington Beach, a California municipal corporation, hereinafter referred to as "the City."
1. PURPOSE
The purpose of this Memorandum of Understanding is to establish a cooperative
partnership between the County and the City in the development and operation of a workforce
service delivery system under the Workforce Investment Act of 1998 (the WIA"). In entering
into this Memorandum of Understanding("the 'IOU"), the parties make the commitment to
maintain not only the basic provisions of the WIA; but also to enact the basic guiding principles
for California's One-Stop delivery system, that services be:
a. Integrated: offering as many employment, training and education senices as possible;
b. Comprehensive: offering a large array of useful information with wide and easy
access to needed services;
c. Customer Focused: providing the means for customers to judge the quality of services
and make informed choices; and
d. Performance based: based on clear outcomes to be achieved; mutually negotiated
outcomes and methods for measurements.
2. TERNI/AMENDMENTS
The term of this MOU is for one (1) year, starting from the (late the MOU is approved the
.City Council of the City. The MOU shall automatically be renewed for successive twelve-month
periods unless the Parties terminate the MOU in accordance with Paragraph 10 hereof.
Amendments to this MOU may be made upon written agreement of the parties, 30 days prior to
the effective date of the change.
l
4-:2000 Agrcc-Jobccntcr MOO 02
R S 00-?'4
3:�1:01
3. RESPONSIBILITIES OF THE PARTIES
The parties to this MOU agree to participate in a joint planning process, which shall
result in the development and operation of a Workforce Investment Service Delivery Program
("the Program") in the City of Huntington Beach. The parties agree to integrate services to the
extent possible, in bringing together resources of program, staff, and/or funding respectively, to
provide the Program.
The Program shall be focused on two main customer groups,job seekers and employers,
and shall include:
a. Basic eligibility determination for WIA Title I B Services;
b. Outreach, intake and orientation to basic services available;
C. Initial assessment of skills, aptitudes, abilities and supportive services;
d. Job search and placement assistance including career counseling;
C. Provision of employment data and labor market information;
f. Provision of performance information including cost data, related to all services
provided;
g. Employment referral;
h. Follow-up services for customers attaining employment for not less than 12
months after the first known day of employment.
The County will:
a. Provide staff support and management for the City of Huntington Beach workforce
investment Community Job Center as part of an overall management team stratcgy.
b. Ensure the allocation of WIA resources available within the City of Huntington
Beach.
c. Provide a wide array of labor market information services for projected employment
opportunities requiring enhanced job skills
d. Provide rapid response services for addressing employer dislocations.
e_ Provide information and linkage in obtaining, employer financial incentives in hiring
of workforce investment service delivery customers.
f. Establish coordination linkages with economic development entities.
2
''?000:1grec JobcenICT MOU P2
Rls no-rs
The City will:
a. Provide space appropriate for the delivery of Community Job Center functions.
b. Provide staff support for delivery of workforce investment services as part of its
economic development efforts.
c. Work to specifically leverage additional non-WIA funding to the workforce
investment program.
d. Assist in the development of layoff aversion strategies for local business.
4. METHODS OF REFERRAL
The parties agree to develop jointly and mutually implement processes and forms for
common intake and referral. The parties agree to cross-train staff on the services offered through
The Program. The parties to this MOU agree to evaluate this process and modify it to changing
requirements or needs.
5. JOINT PLANNING
The parties agree to participate in a joint planning process that results in the development
of a workforce investment plan for the City. The parties agree to engage in planning, plan
development, and modification activities, to result in:
a. Continuous partnership building between the parties;
b. Continuous partnership building and planning responsive to State requirements,
c. Continuous partnership between State and local representatives engaged in WIA
activities and related workforce preparation and development;
d. Responsive to specific local and economic conditions including employer needs;
e. Adherence to strategic planning principles adopted for WIA long range planning.
Promote workforce investment system in a spirit of quality management and continuous
improvement
b. EMPLOYER SERVICES
The parties to this MOU acknowledge that employers are a primary Workforce
Investment program customer and agree to the following:
3
4!2000:1grce khCcnicr NtUU-2
R1 S 00.779
3:19,01
a. Direct employer input shall be sought in matters related to Workforce Investment
services and its planning and operations;
b. Employer input related to employer needs shall be sought through all possible avenues
such as job development activities,job fairs, trade associations, chambers of commerce, etc.
c. The guidance of the County shall be specifically sought in designing targeted
employer services:
Employer Director
Tax credit information or processing;
Assessment of client skills, interest, aptitude and/or work values;
Business assistance;
Interviewing facilities;
Customized training;
Skills training;
.lob readiness training
7. UNIVERSAL ACCESS
The parties agree that The Program's core set of career decision-making and job search
tools shall be made available to all job seekers. Policies adopted Iocally for ensuring access for
all customers including those with special needs, include those with:
a_ literacy deficits;
b. physical or learning disabilities;
c. limited English speakers;
d. others with economic or geographical barriers to service or employment.
8. CONFIDENTIALITY
The parties to this MOU agree to comply with the provisions of the WIA, and applicable
sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation
Act, and/or any other appropriate statute or requirement to assure that:
a. All applications and individual records related to services provided under this MOU,
including eligibility for services, 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.
a
-1:2000,p,Ct lnlxcnsrs\1i)l]-'_
RLS 00-;:8
319:G1
b. No person will publish or disclose use, or permit, cause to be published disclosed or
used, any confidential information pertaining to Community Resource Center applicants,
participants, or customers overall.
c. Additionally, each party agrees to abide by the current confidentiality provisions of
respective statutes and shall share information necessary for the administration of the program.
Tlie parties therefore agree to share client information necessary for provision of services under
the WIA; i.e.: assessment; universal intake; program or training referral;job development or
placement activities; and other services as needed for employment or program support purposes.
9. APPROVAL
This MOU is of no force or effect until approved by action of each party and signed by
authorized representatives of the County and the City. The MOU, once signed, shall become a
part of the City's WIA Plan.
10. TERMINATION
This MOU may be terminated by either party, with or without cause, upon 30 days notice
to the other party.
11. HOLD HARINILESS
The County shall protect, defend, indemnify and save hold harmless the City, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out of or
in connection with the County's performance of this MOU or its failure to comply with any of its
obligations contained in this MOU by the County, its officers, agents or employees except such
loss or damage which was caused by the sole negligence or willful misconduct of the City. The
City shall be reimbursed by the County for all costs and attorney's fees incurred by the City in
enforcing this obligation.
The City shall protect, defend, indemnify, and save hold harmless the County, its officers,
officials, employees, and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out of or
in connection with the City's performance of this MOU, or its failure to comply with any of its
obligations contained in this MOU by the City, its officers, agents, or employees except such loss
or damage which was caused by the sole negligence or willful misconduct of the County. The
County shall be reimbursed by the City for all costs and attorneys' fees incurred by the County ill
enforcing this obligation.
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12. WORKERS' COMPENSATION INSURANCE
The County shall provide commercial or self-insurance providing statutory workers'
compensation coverage in the amounts required by law for all of its employees.
The County shall require proof of workers' compensation coverage from all contractors
and sub-contractors,which includes a waiver of subrogation.
1.3. GENERAL LIABILITY INSURANCE
The County shall provide commercial or self-insurance providing the following coverage
without self-insured retention,deductible or other limitation on the required coverage, and
naming the City as additional insured:
General Liability: S1,000,000.00
Automobile Liability: $1,000,000.00
14. PROFESSIONAL LIABILITY INSURANCE
The County shall provide commercial or self-insurance providing professional liability
coverage of S 1,000,000.00
15. CERTIFICATES OF INSURANCE
Prior to commencing work hereunder, the County shall provide a certificate or
certificates of insurance evidencing such coverage as required by this Agreement, subject to the
approval of the City Attorney. Such coverage shall be provided through the County of Orange,
and it shall not be suspended or canceled without 30 days prior written notice to the City, and
such coverage shall be maintained through the entire term of this Agreement.
16. INDEPENDENT CONTRACTOR
Tfie County is, and shall be, acting at all times in the perforniance of this Agreement as
an independent contractor herein and not as an employee of the City. The County sliall secure at
its expense, and be responsible for any and all payment of all taxes, social security, state
disability insurance compensation, unemployment compensation and other payroll deductions for
the County and its officers, agents and employees and all business licenses, if any, in connection
with the services to be performed hereunder.
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• •
17. ASSIGNMENT AND SUBCONTRACTING
This MOU is a personal service contract and the work hereunder shall not be delegated
by the County to any other person or entity without the express written consent of the City.
18. CITY EMPLOYEES AND OFFICIALS
The County shall employ no official or any regular employee of the City in the work
performed pursuant to this MOU. No officer or employee of the City shall have any financial
interest in this MOU in violation of the applicable provisions of the California Government
Code.
19. SECTION HEADINGS
The titles, captions, section, paragraph, subject headings and descriptive phrases at the
beginning of the various sections in this MOU are merely descriptive and are included solely for
convenience of reference only and are not representative of maters included or excluded from
such provisions, and do not interpret, define, limit or describe, or construe the intent of the
parties or affect the construction or interpretation of any provision of this MOU.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this MOU shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of
this MOU is held by an arbitrator or court of competent jurisdiction to be unenforceable, void,
illegal or invalid, such holding shall not affect the remaining covenants and provisions of this
MOU. No covenant or provision shall be deemed dependent upon any other unless so expressly
provided here. As used in this MOU, the masculine or neuter gender and singular or plural
number shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act contrary
to law, and wherever there is any conflict between any provision contained herein and any
present or future statute, law, ordinance or regulation contrary to which the parties have no right
to contract, then the latter shall prevail, and the provision of this MOU which is hereby affected
shall be curtailed and limited only to the extent necessary to bring it within the requirements of
the law.
21. IXIMIGRATION
The County shall be responsible for full compliance with the immigration and
naturalization laws of the United States and shall, in particular, comply with the provisions of the
United Stares C'ocle regarding employment verification.
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22. LEGAL SERVICES SUBCONTRACTING PROHIBITED
The County and the City agree that the City is not liable for payment of any subcontractor
work involving legal services, and that such legal services are expressly outside the scope of
services contemplated hereunder. The County understands that pursuant to Huntington Beach
City Charter Section 309, the City Attorney is the exclusive legal counsel for the City; and the
City shall not be liable for payment of any legal services expenses incurred by the County.
23. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
MOU or to secure the performance hereof, each party shall bear its own attorney's fees.
24. NOTICES
Any notice required to be given under this MOU shall be given either by personal
delivery or by enclosing such notice in a sealed envelope, postage prepaid, and depositing said
envelope in the U.S. Mail, addressed as follows:
"To the County: To the City:
Director of Economic Development
City of I luntington Beach
_ 2000 Main Street
Huntington Beach, CA 92648
REST OF PAGE INTENTIONALLY LEFT BLANK
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25. ENTIRETY
This MOU contains the entire agreement between the parties respecting the subject
matter of this MOU and supercedes all prior understanding and agreements whether oral or in
writing. The foregoing sets forth the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above written.
CITY OF FrUNTINGTON BEACH, COUNTY OF ORANGE,
A California municipal corporation a political subdivision of the
State of CaIifomia
Mayor Chairman of the Board of Supervisors
ATTEST: ATTEST:
Z�"
City Clerk Clerk of the Board of Supervisors
APPROVED AS TP FORM: APPROVED AS TO FORM:
City At+torncy 7C-043 `1��01 County Counsel
INITIATED AND APPROVED: REVIEWED AND APPROVED:
& �'
— /W — —-- --
Director of Economic Development Orange County Workforce Investment
Board Chair
REVIEWED AND APPROVED:
City Ad nistrator
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RCA ROUTING SHEET
INITIATING DEPARTMENT: Economic Development
SUBJECT: JOB CENTER-MOU
COUNCIL MEETING DATE: Aril 2, 2001
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Not Applicable
Contract/Agreement (wlexhibits if applicable)
(Signed in full by the City Attome Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attome ) Not Applicable
Certificates of Insurance (Approved by the City Attome Attached
Financial Impact Statement (Unbud et, over$5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Find in s/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial
Ci Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author;