HomeMy WebLinkAboutFresno Regional Workforce Development Board - Fresno Economic Opportunites Commission MEMORANDUM OF UNDERSTANDING
Between
Fresno Regional Workforce Development Board
And
Fresno Economic Opportunities Commission
In accordance with the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29
U.S.C. 3101, et seq., as amended (hereafter referred to as "WIOA"), the Fresno Regional Workforce
Development Board (hereinafter referred to as the "WDB") shall develop a local plan, and enter
into a Memorandum of Understanding ("MOU") with local America's Job Center One-Stop Partners
(as defined in Section IV(B) below) regarding the operation of the local America's Job Center One-
Stop System of service delivery (the "local One-Stop System") and the performance of the
functions described in Section 121(e)(1) of the WIOA. MOUs must be executed between the WDB
and the America's Job Center One-Stop Partners, with the agreement of the Chief Local Elected
Official. The Chief Local Elected Official in the WDB's Local Workforce Development Area
(collectively, the City and County of Fresno) has delegated to the WDB the ability to execute this
MOU pursuant to that certain Joint Exercise of Powers Agreement dated May 19, 2009, as
amended (the "Joint Powers Agreement").
I. VISION, MISSION AND GOAL OF THE FRESNO COUNTY AMERICA,S JOB CENTER OF
CALIFORNIA (AJCC) ONE-STOP SYSTEM
A. Vision
To fully engage all available public and private resources to ensure the Fresno Regional
Workforce Development system as the premier source for the human capital needs of
growth industry clusters within Fresno County. By integrating education and workforce
preparation to assist the best companies in Fresno County to remain and thrive in our local
community, to achieve sustainable economic growth. To concurrently assist our
unemployed and underemployed residents to achieve a higher quality of life by access to
such careers in growth industry sectors.
B. Mission
The Fresno Regional Workforce Development Board, a Joint Powers Authority between the
City and County of Fresno, in partnership with both the public and private sectors, exists
primarily to assist local businesses in meeting their human capital needs. In this, we both
(1) screen and train prospective new employees and (2) assist in upskilling existing
employees. By offering such quality referral and training services, directly linked to local
industry needs, we are of greatest benefit to our unemployed and underemployed clients.
II. PURPOSE OF MEMORANDUM OF UNDERSTANDING
A. To define, establish, and reinforce relationships between the WDB and the designated
America's Job Center of California (AJCC) One-Stop Partners;
B. To define the roles and responsibilities of these entities in the performance of their
combined goal of establishing a workforce development system through the local One-
Stop System that is:
1. Integrated (offering as many employment, training, and education services as possible
for employers and individuals seeking jobs or wishing to enhance their skills and
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affording universal access to the system overall);
2. Comprehensive (offering to participant/customer a large array of useful information
with wide and easy access to needed services);
3. Participant/customer-focused (providing the means for judging the quality of services
and making informed choices); and
4. Performance-based (based on clear outcomes to be achieved, mutually negotiated
outcomes and methods for measurements, and the means for measuring and attaining
participant/customer satisfaction); and
C. To describe how cost of services and the operating cost of the local One-Stop System will
be funded.
III. STATEMENT OF ISSUE
As a partner under the WIOA, the Fresno Economic Opportunities Commission, hereinafter
referred to as the "Partner", enters into an MOU with the WDB regarding the manner in which
the Partner will participate and provide access to their services through the local One-Stop
System.
IV. DEFINITIONS
The following definitions apply to this MOU:
A. AJCC One-Stop Operator:
The WDB sub-contracted entity or entities designated to operate the local One-Stop
System, provide Basic Career Services (as defined in Section IV(D) below), and to
coordinate services within the local One-Stop System under the WIOA. Sometimes also
referred to herein as the "One-Stop Operator"
B. AJCC One-Stop Partner:
An entity that carries out one or more programs or activities described herein, makes those
programs or activities available to participants through the local One-Stop System, and
participates in the operation of the local One-Stop System consistent with the terms of this
MOU and with the requirements of their Authorizing Law (as defined in Section IV(C)
below) by which the programs or activities are authorized under the WIOA. Sometimes
also referred to herein as "Partner"
C. Authorizing Law:
Refers to each respective Partner's legal authority to engage in the specific programs or
activities that the Partner will provide in connection with WIOA authorized programs,
activities, or services.
D. Basic Career Services:
Refers to services and resources available to the general public without enrollment into the
WIOA program or any Partner's program. These services are overseen by the AJCC One-
Stop Operator. These services include but are not limited to the following services, and are
provided either by the WDB or by the Partners, as appropriate, applicable and allowable:
1. Determination of eligibility to receive WIOA-enrolled services.
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2. Outreach, intake, and orientation to the services available through the One-Stop System.
3. Initial assessment of skill levels (including literacy, numeracy, and English language
proficiency), aptitudes, abilities (including skills gaps), and supportive service needs.
4. Labor exchange services, including the following:
a. Job search, placement assistance, and career counseling, including information on in-
demand industry sectors and occupations as well as nontraditional employment.
b. Recruitment and other business services on behalf of employers in the local area, such
as information and referral to specialized business services not traditionally offered
through the local One-Stop System.
5. Referrals to, and coordination of activities with, other programs and services, including
programs and services within the local One-Stop System and other workforce development
programs.
6. Workforce and labor market employment statistics information, including information
relating to local, regional, state, and national labor market areas, including the following:
a. Job vacancy listings and the job skills necessary to obtain them.
b. Information on local in-demand occupations and the earnings, skill requirements, and
opportunities for advancement that accompany them.
7. Information on performance and program cost of eligible providers of training services,
youth workforce development activities, adult education, career and technical education
activities at the postsecondary level, career and technical education activities available to
school dropouts, and vocational rehabilitation services.
8. Information regarding how the local area is performing on the local performance
accountability measures and any additional performance information with respect to the
local One-Stop System.
9. Information on, and referral to, supportive services or assistance, including the following:
a. Child care, child support, medical or child health assistance under title XIX or XXI of the
Social Security Act.
b. Benefits under the supplemental nutrition assistance program established under the
Food and Nutrition Act of 2008.
c. Assistance through the earned income tax credit under section 32 of the Internal
Revenue Code of 1986.
d. Assistance under a state program for temporary assistance for needy families funded
under part A of Title IV of the Social Security Act.
e. Other supportive services and transportation available in the local area.
10. Information and assistance regarding filing claims for unemployment compensation.
11. Assistance in establishing eligibility for programs of financial aid assistance for training and
education programs that are not funded under WIOA.
E. Business Services:
The terms "Business Services" means services and resources available to employers in the
local area and are provided by Partners and sub-contracted providers of services, with
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oversight by WDB staff, where applicable, appropriate and allowable. These services
include, but are not limited to:
1. Labor exchange activities and labor market information;
2. Customized screening and referral of qualified participants in training services to
employers;
3. Customized services to employers, employer associations, or other such organizations, on
employment-related issues;
4. Customized recruitment events and related services for employers including targeted job
fairs;
5. Human Resource consultation services, including but not limited to assistance with:
a. Writing/reviewing job descriptions and employee handbooks;
b. Developing performance evaluation and personnel policies;
c. Creating orientation sessions for new workers;
d. Honing job interview techniques for efficiency and compliance;
e. Analyzing employee turnover; or
f. Explaining labor laws to help employers comply with wage/hour and safety/health
regulations;
6. Customized labor market information for specific employers, sectors, industries or clusters;
7. Rapid Response and lay-off aversion; and
8. Other similar customized services.
F. Individualized Career Services:
The term "Individualized Career Services" means services available to persons who meet
the eligibility requirements as defined in the WIOA and subsequent regulations. These
services are provided by the WDB's subcontracted service providers and Partners, where
applicable, appropriate and allowable. These services are subject to priority of service and
include, but are not limited to:
1. Comprehensive and specialized assessments of the skill levels and service needs of adults
and dislocated workers, which may include the following:
a. Diagnostic testing and use of other assessment tools.
b. In-depth interviewing and evaluation to identify employment barriers and appropriate
employment goals.
2. Development of an individual employment plan to identify the employment goals,
appropriate achievement objectives, and appropriate combination of services for the
participant to achieve the employment goals, including providing information on eligible
providers of training services and career pathways to attain career objectives.
3. Group counseling.
4. Individual counseling.
5. Career planning.
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6. Short-term prevocational services, including development of learning skills, communication
skills, interviewing skills, punctuality, personal maintenance skills, and professional
conduct, to prepare individuals for unsubsidized employment or training.
7. Internships and work experiences linked to careers.
8. Workforce preparation activities.
9. Financial literacy services.
10. Out-of-area job search assistance and relocation assistance.
11. English language acquisition and integrated education and training programs.
G. AJCC Partner Services:
The term "AJCC Partner Services" means those services described in Section IX,
Description of Services To Be Provided By Partner, of this MOU carried out under the
Partner's Authorizing Law.
H. Participant/Customer:
The term "Participant/Customer" is defined as a person or persons receiving integrated
local One-Stop System employment, training, educational services, and/or business
services for employers from any AJCC partner.
I. Training Services:
The term "Training Services" means services available to persons who meet the eligibility
requirements as defined in the WIOA, subsequent regulations, and locally-defined
prerequisites. These services are provided by the WDB's subcontracted service providers
and Partners, where applicable, appropriate and allowable. These services are subject to
priority of service and include, but are not limited to:
1. Occupational skills training, including training for nontraditional employment.
2. On-the-job training.
3. Incumbent worker training.
4. Programs that combine workplace training with related instruction, which may include
cooperative education programs.
5. Training programs operated by the private sector.
6. Skill upgrading and retraining.
7. Pre-apprenticeship and apprenticeship training
8. Entrepreneurial training.
9. Transitional jobs (Work Experience).
10. Job readiness training provided in combination with another training service.
11.Adult education and literacy activities, including activities of English language acquisition
and integrated education and training programs, provided concurrently or in combination
with another training service.
12. Customized training conducted with a commitment by an employer or group of employers
to employ an individual upon successful completion of the training.
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13.Other similar training services
V. AJCC ONE-STOP PARTNER PARTICIPATION
Partner agrees to participate in a joint planning process which results in the development of
the local and regional Strategic Plan submitted to the State in accordance with issued WIOA
guidelines (the "Strategic Plan"). Partners agree to engage in planning, plan development,
and activities, to result in:
A. Continuous partnership building between all parties to this MOU;
B. Continuous partnership building and planning responsive to State requirements;
C. Continuous partnership between State and local representatives engaged in WIOA
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 by the WIOA for long range planning,
including the requirement for continuous improvement;
F. Adherence to common data collection and reporting, including needs for modification or
change;
G. Diligence in developing coordinated local leadership in workforce development through:
H. Responsiveness to participant/customer needs;
I. Maintenance of system infrastructure;
J. Shared technology and information;
K. Performance management to measure the success of the local One-Stop System overall
and to enhance performance in a spirit of quality management and continuous
improvement.
L. Identification of each Partner's appropriate contribution to meeting the performance
standards negotiated between the State of California and WDB.
VI. THE CUSTOMERS TO BE SERVED
The AJCC One-Stop Center will serve:
A. Those Fresno County residents who are seeking employment, need guidance on how to
make career choices, and are building basic educational or occupational skills.
1. Priority of Service will be given to those who are (in order of priority):
a. Veterans and eligible spouses who are also recipients of public assistance,
other low income individuals, or individuals who are basic skills deficient;
b. Individuals who are recipients of public assistance, other low income individuals,
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individuals who are basic skills deficient, or individuals with other barriers to
employment.
c. Veterans and eligible spouses who are not included in WIOA's priority groups.
d. Other individuals not included in WIOA's priority groups.
B. Those businesses who are seeking a skilled and stable workforce; need guidance in
various business operations or in need of assistance in case of reductions in force.
C. All AJCC One-Stop Center Services and Partner services will be available to all eligible
residents no matter their English language proficiency or physical abilities.
VII. AMERICANS WITH DISABILITIES ACT COMPLIANCE
Partner agrees to ensure that the policies and procedures, as well as the programs and services
provided at the AJCC and Partner's facilities, are in compliance with the Americans with
Disabilities Act and its amendments. Additionally, partners agree to fully comply with the
provisions of WIOA, Title VII of the civil Rights act of 1964, the Age Decimation Act of 1975, Title
IX of the Education Amendments of 1972, 29 CRF Part 37 and all other regulations implementing
the aforementioned laws.
VIII. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
A. Partner agrees that no person shall, because of ethnic group identification, age, sex,
gender identification, sexual orientation, color, disability, medical condition, national
origin, race, ancestry, marital status, religion, religious creed, or political belief be
excluded from participation, be denied benefits of, or be subject to discrimination under
any program or activity receiving state or federal assistance. Such practices include
retirement, recruitment advertising, hiring, layoff, termination, upgrading, demotion,
transfer, rates of pay or other forms of compensation, use of facilities, and other terms
and conditions of employment.
B. Partner assures compliance with the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as applicable regulations and
guidelines issued pursuant to the ADA.
IX. DESCRIPTION OF SERVICES TO BE PROVIDED BY THE PARTNER
Partner agrees that they will provide access to all the services described below at the
designated AJCC One-Stop and any other satellite location deemed appropriate by the
Partner. Partner will participate in the creation of the local One-Stop System which provides
universal access and enables customers to become self-sufficient.
Partner will ensure that services are provided either by (i) assigning staff to the local AJCC
One-Stop(s); (ii) using a mutually developed referral process; (iii) training the One-Stop
Operator and other Partner staff to deliver information about the services available to eligible
individuals; and/or (iv) using technology to provide services to participants/customers, except
as noted below.
Partner will ensure that the needs of workers and youth, and individuals with barriers to
employment, including but not limited to individuals with disabilities and limited English
proficient individuals, are provided necessary and appropriate access to services, including
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access to technology and materials, available through the local One-Stop System.
Any Partner funded by Wagner-Peyser is required to be co-located in the Comprehensive
America's Job Center One-Stop Center (as defined and identified in Section XI(A) below).
Partner agrees that it will provide One-Stop Partner Core Services to participants/customers
and support local One-Stop System activities, depending on individual eligibility and
availability of funding:
A. All Community Services Block Grant (CSBG) and other services including Youth Build
services available through the Partner will be made available, as appropriate, to AJCC
clients via the referral process.
o A referral will not mean that the clients are entitled to those services.
o Client may be required to meet certain eligibility requirements.
B. Partner will collaborate with AJCC One-Stop Operators and WDB staff on the possible
co-location in the AJCC, of the following programs:
o Women, Infants and children (WIC)
o Low-Income Home Energy Assistance Program (LIHEAP)
C. Will provide CSBG services information via technology in the AJCC and Orientation.
X. WDB RESPONSIBILITIES
As authorized under the WIOA, and pursuant to the Joint Powers Agreement, the WDB will
establish policies necessary for implementation of the WIOA in the local area and shall:
A. Develop and submit a local plan to the Governor;
B. Collaborate with other Workforce Development Boards to develop a Regional Plan;
C. Identify eligible AJCC One-Stop Operators by awarding grants or contracts on a
competitive basis;
D. Conduct programmatic and fiscal reviews of the WIOA services provided by sub-
contracted program providers of services, training services providers and report to the
WDB the results of those reviews;
E. Identify eligible providers of youth activities in the local area by awarding grants or
contracts on a competitive basis based on the recommendations of the WDB Youth
Council;
F. Identify eligible providers of training services in the local area by awarding grants or
contracts on a competitive basis;
G. Identify eligible providers of Individualized Career Services in the local area by awarding
grants or contracts on a competitive basis;
H. Provide adequate facilities for the Partners as needed and as funding allows;
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I. Develop a local One-Stop System budget for the purpose of carrying out the duties of the
WDB;
J. Solicit and accept grants and donations from sources other than federal funds made
available under WIOA;
K. Conduct regular program and physical plant assessments for compliance to federal, state
and local Equal Opportunity and Americans with Disabilities Act regulations as required
by law;
L. Negotiate local performance measures;
M. Coordinate the workforce development activities carried out in the local area with
economic development strategies and develop other employer linkages with such
activities;
N. Promote participation by private sector employers in the statewide workforce development
system and help such employers meet their hiring needs using the system by providing
connecting, brokering, and coaching activities to the employers;
O. Make available to the public, on a regular basis through open meetings and/or through
publications online, information regarding the activities of the WDB, including information
regarding the Strategic Plan prior to submission of the Strategic Plan, membership, the
designation and certification of AJCC One-Stop Operator(s), the award of grants or
contracts to eligible providers of youth activities, and, on request, minutes of formal
meetings of the WDB;
P. Negotiate and enter into an MOU with each AJCC One-Stop Partner that meets the
requirements of the WIOA and sets forth their respective responsibilities for making a full
range of services available through the local One-Stop System; and shall modify this
MOU to add additional Partners as needed for the benefit of the community and system.
XI. LOCATION OF AMERICA,S JOB CENTER ONE-STOP SITES
A. The WDB will establish a minimum of one physical location called the "Comprehensive
AJCC" within the workforce development area in which all AJCC One-Stop Partners will
provide access to the services provided under the WIOA. The parties agree that the
Comprehensive AJCC shall be located at the Manchester Shopping Center, 3302 N.
Blackstone Avenue, Fresno, California 93726. This location may be changed by the WDB
during the term of this MOU upon thirty (30) days advance notice of such change to the
Partners. Each Partner agrees that it will provide access to the services described in this
MOU at such location and any other satellite location deemed appropriate by each Partner,
with concurrence of the WDB.
B. If the WDB establishes additional AJCC One-Stop Centers within its local workforce
development area, each Partner will determine the extent and manner in which it will
participate in such additional centers. However, access to each Partner's services will be
made available at all locations, either with on-site staff, via technology, or referral to the
nearest office of the Partner.
1. Affiliate AJCC One-Stop Centers are listed on Attachment 2, Fresno Regional
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Workforce Development Board and Partner Workforce Services Centers.
C. The Partner commits to providing information and access to all AJCC Partner services, as
described in this MOU, at each of its service locations.
XII. METHODS OF REFERRAL
A. The WDB, through its designated AJCC One-Stop Operator(s), and the Partners agree to
utilize the approved referral processes and forms for common intake and referral among the
AJCC One-Stop Partners and providers of services. The WDB and Partners developed a
universal referral system and form that is used for all cross-agency referrals, copies of which
are attached hereto, and incorporated herein, as Attachment 3
B. The WDB and Partner agree to train and provide technical assistance to the appropriate
staff of each of the other participating AJCC One-Stop Partners and sub-contracted
providers of services on topics that include but are not limited to eligibility for and scope of
allowable services for the Partner's programs.
C. Partner agrees to suggest appropriate referrals for its applicants and clients, the
availability of additional services from other AJCC partners if they determine the client
could benefit from those referral(s).
D. A listing of Partner Services and Partner Sites and Locations can be found in Attachments
1 and 2, respectfully, for referral purposes.
XIII. CONFIDENTIALITY
Partner shall be in strict conformance with all applicable federal, State of California and/or
local laws and regulations relating to confidentiality, including Welfare and Institutions Code,
section 10850 and ensure that all applications and records concerning
participants/customers shall be kept confidential and shall not be opened to examination,
publicized, disclosed, or used for any purpose not directly connected with the administration
of the local One-Stop System. The Partner shall inform all of its employees, agents, officers,
subcontractors, Board members, or partners of this provision and that any person knowingly
and intentionally violating this provision is guilty of a misdemeanor.
A. All participant/customer applications and 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. Signed information releases will be obtained where appropriate.
B. Partner agrees to share information either agreed upon by them or as interpreted by the
Chief Local Elected Official or designee to be necessary for the administration of the local
One-Stop System. Partner shall obtain signed releases allowing for the sharing of
participant/customer information necessary for provision of services under the WIOA; 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.
C. At any time an America's Job Center One-Stop Partner requests confidential information
regarding another Partner's participant/customer, the request shall be accompanied by a
written Release of Confidential Information signed by the participant/customer.
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XIV. GRIEVANCES AND COMPLAINTS
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 remedy 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.
XV. COST ALLOCATION
A. Partner agrees to financially participate in the operating costs related to the common costs
of the One-Stop System attributable to the Partner's program(s).
B. Partner commits to work collaboratively with the WDB and other AJCC One-Stop Partners
to participate in the implementation of the Infrastructure Funding Agreement (IFA) process.
C.The IFA is incorporated into this MOU as Exhibit A.
XVI. TERM AND RENEWAL OF MOU AND IFA
A. The term of this MOU is from July 1, 2019, to June 30, 2022, unless it is terminated earlier
as provided in Section XVIII, below.
B. The term of the IFA is from July 1, 2019, to June 30, 2020, and will be updated annually.
1. Each update will be incorporated into this MOU, replacing the previous year's IFA.
C.This MOU is of no force or effect until signed by authorized representatives of the
participating America's Job Center One-Stop Partner and the WDB. Once signed thereby,
this MOU is effective commencing upon July 1, 2019, and shall supersede in its entirety
any MOU entered into previously by and between the participating AJCC One-Stop Partner
and the WDB.
D.The MOU, once signed, becomes a part of the local Strategic Plan.
XVII. REVISIONS AND MODIFICATIONS
This MOU may be revised or modified with the approval of both the WDB and of the Partner.
XVIII. TERMINATION
Partner may terminate its participation in this MOU upon thirty (30) days written notice to
the WDB; or The WDB may terminate this MOU upon thirty (30) days written notice of such
termination to partner.
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XIX. NOTICE
Any notice required or permitted to be given by any party to this MOU shall be deemed given
upon personal delivery to the other parties or two (2) days after being deposited in the United
States mail, postage prepaid, first class mail addressed to the other parties at the following
addresses or to such other address as the parties may provide by written notice given in
accordance herewith:
Fresno Regional Workforce Development Board Partner's address as identified on
Attn: Blake Konczal, Executive Director the signature page below.
2125 Kern Street, Suite 208
Fresno, CA 93721
XX. ADMINISTRATIVE AND OPERATIONAL MANAGEMENT
It is understood that the Partner and its staff are subject to their existing personnel policies,
procedures, regulations and statutes as well as applicable collective bargaining agreements.
The WDB will assure to the extent possible that the One-Stop Operator will work with all
Partners in developing and implementing policies and procedures for the One-Stop System, in
order to avoid inconsistencies with their respective policies, procedures, regulations and
collective bargaining agreements.
XXI. SHARED INFORMATION AND SYSTEM SECURITY
WIOA emphasizes technology as a critical tool for making all aspects of information exchange
possible, including client tracking, common case management, reporting, and data collection.
To support the use of these tools, each AJCC Partner agrees to the following:
A. Comply with the applicable provisions of WIOA, Welfare and Institutions Code, California
Education Code, Rehabilitation Act, and any other applicable statutes or requirements.
B. Commit to share information to the greatest extent allowable under their governing legislation
and confidentiality requirements.
C. System security provisions shall be agreed upon by all partners.
XXII. PUBLIC COMMUNICATIONS AND BRANDING RELATED TO WIOA SERVICES
A. All communications must be approved by the WDB Marketing Manager or Executive Director
prior to the communication.
B. Partner agrees to utilize the AJCC logo developed by the State of California and the Local
Board on buildings identified for AJCC usage.
XXIII. DISPUTE RESOLUTION
The parties agree to try to resolve policy and practice disputes at the lowest level, starting
with the site supervisor(s) and staff. If issues cannot be resolved at this level, they shall be
referred to the management staff or the respective staff employer and the WDB, for
discussion and resolution.
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XXIV. INDEMNIFICATION
Except as otherwise expressly provided in this MOU and to the fullest extent of the law, each
party shall indemnify and hold harmless (the "Indemnifying Party") the other parties, including
the One-Stop Operator and the WDB, and their respective partners, directors, officers, agents,
customers and employees (the "Indemnified Parties") from and against any and all losses,
costs, expenses (including reasonable attorneys', experts' and consultants' fees and court
costs at all levels of proceedings), damages and/or liabilities which any of the Indemnified
Parties may sustain or incur in connection with or arising out of the performance of this MOU or
any breach by the Indemnifying Party of its obligations under this MOU, except to the extent
the foregoing is caused by the gross negligence or willful misconduct of the Indemnified
Parties. The terms of this Section XXIV shall survive the termination of this MOU.
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Signatures:
In WITNESS THEREOF, the parties to this Memorandum of Understanding execute this agreement.
Dated: �_ _2019 BY Jot
Patn Bauer, FIR71606 Board Chairperson
Fresno Regions orkforce Development Board
2125 Kern Street, Suite 208
Fresno, CA 93721
Dated: fr 13 2019 BY
Brian Angus, Ch xecutive Officer
Fresno Economic Opportunities Commission
1920 Mariposa Mall, Suite 300
Fresno, CA 93721
Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 14 of 16
APPROVED BY THE COUNTY OF FRESNO AS TO ITS CAPACITY AS CHIEF LOCAL
ELECTED OFFICIAL (CLEO):
By:
de usseau
o n dministrati�e Officer
APPROVED AS TO LEGAL FORM:
Daniel C. Cederborg, County Counsel
By:
APPROVED AS TO ACCOUNTING FORM:
Oscar Garcia, C.P.A.,Auditor-Controller/
Treasurer-Tax Collector
By:
Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 15 of 16
IN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,California.
CITY OF FRESNO,
A California municipal corporation
Dated: By:� &-e
Qtum-S ect
City Manager
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
By: �/)&
randon M. Collet to
Senior Deputy City Attorney
ATTEST:
YVONNE SPENCE, MMC CRM
By: g f
J to
Fresno Regional Workforce Development Board 2019 WIOA Partner MOU Page 16 of 16
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Attachment 2
Fresno Regional Workforce Development Board
& Partner Workforce Services Centers
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A. Workforce Connection E. Workforce Connection Reedley J. Workforce Connection Coalinga
Manchester Cynthia Rye-559-637-2444 Claudia Call-559-934-2424
Arthur Moss-559-230-1100 DSS—559.637.2971 300 Cherry Ln.Bldg.A,
3302 N.Blackstone Ave.Suite 1680 E.Manning Ave. Coalinga,CA 93210
155,Fresno CA 93726 Reedley,CA 93654
K. DSS—Coalinga
B. DSS—Fresno F. MSFW Sanger 559.600.6300
559.600.2650 1849 Academy Ave. 311 Coalinga Plaza
1209 E Street Sanger,CA 93657 Coalinga,CA 93210
Fresno,CA 93706 559.875.7146
C. Ca.Department of G. Proteus,Inc.Selma Service L. Business Services Center
Rehabilitation Center 7475 N.Palm Ave.,Ste. 105
559.445.6011 Cynthia Rye-559.637-2444 Fresno,CA 93711
2550 Mariposa Mall,Rm.2000 MSFW-559.891.0135 559.230.4062
Fresno,CA 93721 3706 McCall Ave.Suite 116
Selma,CA 93662
D. MSFW-Fresno
3454 E.Date Ave. H. DSS—Selma M. Workforce Connection-
Fresno,CA 93725 559.600.5205 Mendota
559.473.4485 3800 McCall Ave. Claudia Call-559.655.5281
Selma,CA 93662 655 Quince St.Ste.C
Mendota CA 93640
1. MSFW Kerman
437 S.Madera Ave.
Kerman,CA 93630
559.473.4489
Prepared by FRWDB Information Systems Page 1 of 1 28Mar2019
Attachment 3
Fresno Regional Workforce Development Board
A proud member of America's Job Center of Californias'Network
2125 Kern Street, Suite 208 a Fresno, California 93721 • 559.490.7100 • Fax 559.490.7199 •
www.workforce-connection.com
Blake Konczal, Executive Director
OPERATIONAL DIRECTIVE
FRWIB OD# 06-16 Date Released: July 1, 2016
To: All Fresno Regional Workforce Development Board AJCC Partners and Service Providers
From: Blake Konczal, Executive Director
Effective Date: July 1, 2016
Subject: America's Job Centers of California (AJCC) Partner Referral Process
Applicable Program: All
Revision History: Initial Release
This Operational Directive (OD) replaces the referral process described in OD 35-05, Partner Co-Enrollment and
Referral Process. This OD obsoletes Form REG-102, Universal Referral Checklist and adds updated referral forms.
Partners may be required to use their own Release of Information form, instead of the Universal Release of
Information (Form REG-100) when making referrals to other Partners. Those Partners are required to identify the
approved form to be used when referring clients from their organization.
Purpose
As mandated by the Workforce Innovation and Opportunity Act (WIOA), each Local Workforce Development Area
(LWDA) is required to have a documented process for referrals between partner agencies, as defined by WIOA
(mandated partners) and the local Board as AJCC partners (local one-stop partners).
The intent of a referral activity is to ensure that needed services for a client are provided through the most
appropriate funding stream in the most efficient manner and are not duplicative. The client should have an
experience that is as seamless as possible.
This OD describes, on page 2, the steps to be taken to facilitate a referral between any Partner agency, including
any of Fresno County's WIOA-funded programs, and to track the outcome of those referrals.
Each partner is required to identify all departments that provide the services described in their individual Partner
Memorandum of Understanding (MOU)with the Fresno Regional Workforce Development Board. Additionally, each
partner and sub-contracted provider of service is required to identify a single point of contact (SPOC) for all
referrals to their agency and their full contact information (telephone number and email address). The FRWDB
Quality Systems Manager will be responsible for maintaining and disseminating this information.
PROCESS
Level I — Referrals to other partners or community services for perceived or stated needs of clients. Use Form
REG-108. There will be no follow-up for Level I Referrals. Referrals will be counted and reported, when appropriate.
Level II — Direct referral between partners for specific services. Use Form # REG-109. Referring partner will fill out
the form, contact the referred to agency single point of contact (SPOC) and make appointment for client if
Fresno Regional Workforce Development Board Page 1 of 2 Form#QUA-197,revised 051916
Attachment 3
appropriate. Referral to be scanned to referred agency and copy given to client. Review the referral with the client.
Referring Partner will file the original referral form.
If any questions, please contact the FRWDB Program Manager.
Forms: REG-100—Universal Release of Information (Partners may require the use of their own Release of
Information form in order to release client specific information).
REG-101 —Agency Summary of Services Checklist
REG-104—Interest Checklist
REG-108—AJCC Partner Referral—Level I
REG-109—AJCC Partner Referral—Level II
Referral To Partner <=Referral To Partner
Level I RT or enrolled)
Start
-Start-
2 business days after referral
appointment date
Client needs services not
provided by agency
Referred to agency SPOC
contacts client to find out if still
interested in receiving services 4—No Id the clientshow
F
gency identifies services up?
ded and agency that could See Note 1
provide those services
Note 1:If this is the 2"d
missed appointment,
notify referring
Referring agency staff fills out agency's SPOC
form including location and Interested?
contact information
No
Yes
Yes
End Determine cause for missing
I"appointment and schedule
new appointment
Record result&report at
next AJCC Site Ops Meeting
End
Fresno Regional Workforce Development Board Page 2 of 2 Form#QUA-197,revised 051916
Exhibit A
Workforce Innovation and Opportunity Act
AJCC Partner
INFRASTRUCTURE FUNDING AGREEMENT
Program Year 2019
This Infrastructure Funding Agreement (IFA) is entered into between the Fresno Regional
Workforce Development Board (FRWDB) and Fresno County Economic Opportunities
Commission, an America's Job Center of California (AJCC) Partner in the Fresno County Local
Workforce Development Area, effective as of the first day of the term hereof.
RECITALS
WHEREAS the Workforce Innovation and Opportunity Act (WIOA) provides that
the FRWDB shall establish and operate a One-Stop System, also known as AJCC, to serve
customers in Fresno County with the collaboration of the Partner; and
WHEREAS, the FRWDB has established Workforce Connection, located at 3302
Blackstone Avenue, Fresno, CA 93726, as the comprehensive AJCC; and
WHEREAS, the Partner is to share the cost and burden of the AJCC to the fullest
extent allowable taking into account restrictions imposed by sources of funding relied upon by
the Partner, which, if possible, shall contribute services or space, if prohibited from paying cash,
to contribute its share of the in-kind expenses of the AJCC benefiting; and
WHEREAS, FRWDB has contracted with the Fresno Area Workforce Investment
Corporation (FAWIC) to provide administrative services, including, without limitation,
administering this Agreement on behalf of the FRWDB; and
WHEREAS, the FRWDB and Partner desire to enter into this Agreement in order
to establish the methodology, terms and conditions under which they will provide resources or
funds in sharing the costs of the AJCC.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the parties hereto hereby agree as follows:
I. Term. The term of this Agreement shall commence on July 1, 2019, and terminate on
June 30, 2020, unless otherwise terminated as hereinafter provided.
it. AJCC Partners. The following entities are partners in the operation of the AJCC.
a. Co-Located Partners (subject to comprehensive AJCC infrastructure cost sharing):
i. Fmployment Development Department
ii. Fresno County Department of Social Services
iii. Department of Rehabilitation
b. Co-located Partners (Federally exempt from AJCC infrastructure cost sharing)
i. Job Corps
1
Exhibit A
C. Non Co-Located Partners (subject to other comprehensive AJCC services cost
sharing and reporting):
i. Fresno Economic Opportunities Commission
ii. Proteus, Inc. (MSFW program)
iii. West Hills Adult Education Consortium
iv. California Indian Manpower Consortium
v. State Center Adult Education Consortium
vi. Senior Service America, Inc.
vii. SER of California
viii. State Center Community College District
III. Cost Allocation Methodology. The FRWDB and Partner agree that the AJCC Budget
and Allocation Plan set forth in Attachments A and B, respectfully, bears an equitable
relationship to the benefits received by each at the comprehensive AJCC.
The Methodology will:
a. Be consistent with federal laws authorizing each partner's program.
b. Comply with federal cost principles in the Uniform Guidance.
C. Include only costs that are allowable, reasonable, necessary, and allocable to each
program partner.
Those partners who are co-located in the comprehensive AJCC, identified in Section II c, are
mandated to share in the infrastructure costs of the comprehensive AJCC, to the extent allowed
under their authorizing law.
Those partners co-located in the comprehensive AJCC, as identified in Section II d, are exempt
from infrastructure cost sharing by the federal government. These partners are subject to other
comprehensive AJCC services cost sharing and reporting.
Those partners not co-located in the comprehensive AJCC, as identified in Section II e, are not
subject to sharing in the infrastructure costs until such time the State defines and communicates
the process and methodology for assessing the benefit and or value to the non co-located
partner.
The infrastructure costs shall be allocated as follows:
a. Direct Charge: Costs that are incurred solely for the benefit of Partner shall be
allocated to Partner.
b. Square Footage Percentage at an AJCC Site: Partner shall be allocated the cost
of providing and maintaining facilities at the site based upon the percentage of the
number of square feet at the site Partner commits to use relative to the total space
of the site.
C. Communication Costs: Partner shall be allocated the communication costs at the
site based upon the percentage of the number of square feet at the site Partner
commits to use relative to the total space of the site.
IV. Partner-provided Career Services For all partners (co-located and non co-located),
other costs associated with providing Career Services to the AJCC system are described in
2
Exhibit A
Attachment C. Reporting of these services are further described in Section VI, Partner
Resources.
V. Other System Costs - Shared Costs. FAWIC will pay to the appropriate vendors the
shared non-infrastructure costs for the comprehensive AJCC. These payments will be
considered the WIOA resources for payment of allocable costs to WIOA.
VI. Partner Resources. Partner agrees to provide the following resources in support of the
AJCC system:
a. For infrastructure costs, co-located partners will provide cash payment for the
amount allocated to them as shown in Attachment B.
i. If a cash payment is required from the partner, FAWIC will invoice the
partner monthly. The partner shall submit their payment to the Fresno
Area Workforce Investment Corporation, 2125 Kern Street, Suite 208,
Fresno, CA 93721. All cash payments must be received by FAWIC no
later than 45 calendar days after receipt of the invoice unless an
alternative arrangement is agreed to in writing by FAWIC and the partner.
A partner's failure to pay within a timely manner will be reported to the
FRWDB Adult Council and may be subsequently submitted for dispute
resolution as provided for in Section VII.
b. All partners (co-located and non-co-located) will provide estimated annual budgets
that reflects their agency expenditures/contributions to provide Career Services to
Fresno County residents. The Consolidated Career Services Budget is further
described in Attachment C.
i. Partner agrees to submit semi-annually actual versus budget reports for
Career Services Expenditures.
ii. Reviews of the consolidated report will be in accordance with Section VII.
VII. Periodic Review of Costs, Allocations and Contributions. The FAWIC will provide
quarterly reports to the partners showing the actual costs, allocations and contributions versus
budget and/or plan. After the close of the second calendar quarter, FAWIC will convene an
AJCC Partner Review meeting to determine if adjustments to budget and or allocations need to
be made based on actual expenditures. If a modification is deemed appropriate, then this IFA
amendment will be modified as agreed to by all partners.
VIII. Dispute Resolution. Any dispute among or between the parties hereto shall be
addressed by the FRWDB in accordance with WIOA and the appropriate Final Rules
promulgated with respect thereto, as amended and applicable. Following a decision by
FRWDB, the parties involved may appeal to the State of California following the applicable
procedures. Pending final resolution of a dispute hereunder, the parties involved shall proceed
diligently to perform their respective obligations under the Agreement in accordance with the
FRWDB decision, unless the parties have given a notice of termination as provided for in
Section XI.
XI. Termination. Use of funds identified in this IFA as being available to pay the costs,
charges, and fees set forth herein are contingent upon receipt of those funds by Partner.
Partner may withdraw from this Agreement in the event that funding is either eliminated or
reduced such that Partner can no longer pay the costs set forth above. Such withdrawal shall
be effective with no less than a 30-day written notification to FAWIC that Partner lacks funding,
or upon the vacating of the premises by Partner, if applicable, whichever is later.
3
Exhibit A
The FRWDB and Partner executing this Infrastructure Funding Agreement agree to its terms
and conditions:
Fresno Economic Opportunities Commission
Brian Angus, Chief Executive Officer
Signature Date
Fresno Regional Workforce Development Board
Paul Bauer, Chairperson
Signature42z ;?..
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