HomeMy WebLinkAboutMINUTES - 11042008 - C.44 (3) f,
8E L .
'TO: BOARD OF SUPERVISORS _ Co ntra
FROM: Joseph P. Valentine, Director
Costa
Employment and Human Services
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os -� .�.
DATE: November 4, 2008
-sU� County
SUBJECT: Memorandum of Understanding (MOU) with Department of Rehabilitation (DOR)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE the Workforce Development Board of Contra Costa County Director to enter into
a Non-financial Memorandum of Understanding (MOU) with Mutual Indemnification, with the Department of
Rehabilitation,(DOR)to define the manner in which DOR will participate in the One-Stop delivery system for
comprehensive workforce development services for the period of November 1, 2008.through June 30, 2011
AND AUTHORIZE the Chair, Board of Supervisors, to sign the Memorandum of Understanding. (All Districts)
(#18=208-0)
FISCAL IMPACT:
No fiscal impact.
BACKGROUND:
The MOU between Workforce Development Board of Contra Costa County and Department of Rehabilitation,
as a required One-Stop partner, defines the manner in which the DOR will participate in the One-Stop delivery
system under the Workforce Investment Act of 1998. Services provided at the One-Stop centers are to be
integrated business, employment, training and education services to friployers, employees, and individuals
seeking jobs or enhancing job skills; be comprehensive, customer f sed, and performance based.
CONTINUED ON ATTACHMENT:_ X YES SIGNATURE:
y RECOMMENDATION OF COUNTY ADMINISTRATOR ROMMENDATION OF BOARD COMMITTEE
-4,—APPROVE HER
SIG (TURE(S):
ACTION OF BOARD ON ik Ilk I Ca APPROVE AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT V�UrtiC ) AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ATTESTED NU 1�1N1�)1� I o�IXJ�
DAVID TWA,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact: MICHAEL ROETZER 3-1582
ROBERT LANTER-WDB
EHSD CONTRACTS UNIT(EB)
COUNTY ADMINISTRATOR /� t n (,
AUDITOR-CONTROLLER BY: l__ V W�--1AO DEPUTY
MEMORANDUM OF UNDERSTANDING
THE WORKFORCE INVESTMENT ACT OF 1998
BETWEEN THE
WORKFORCE DEVELOPMENT BOARD OF CONTRA COSTA COUNTY
AND ITS REQUIRED ONE-STOP PARTNERS
MISSION STATEMENT
The Workforce Development Board of Contra Costa County (WDB) and the
parties (also referred to as partners) listed herein enter into this. Memorandum of
Understanding (MOU) for the purpose of building and supporting a workforce
development system by providing the Contra Costa workforce development
services through the One-Stop delivery system within the Contra Costa County
Workforce Investment Service Area (WSA) under the Workforce Investment Act
of 1998 (WIA). This system of One-Stop centers operates under the name
EASTBAY Works. In entering into this MOU, the parties, all of which are
required One-Stop partners under the WIA, .commit to adhere to the provisions of
the WIA and to the greatest extent possible following guiding vision and
principles for California's One-Stop delivery system, as applicable to the parties
of this MOU:
❖ Services will be integrated. Offer integrated business, employment,
training and education services for employer, employees, and individuals
seeking jobs or wishing to enhance their work skills.
❖ .Services will be comprehensive. Offer a wide array of workforce
development services and information with easy customer access.
❖ Services will be customer focused. Provide the means to meet.customer
needs and expectations and for customers to judge the quality of services
and make informed choices about those services..
❖ Services will be performance-based. Measure the effectiveness of services
based upon clear and mutually agreed upon outcomes and methods of
measurement to attain superior customer satisfaction.
PURPOSE -The Workforce Development Board of Contra Costa County and .
the Department of Rehabilitation (DOR) enter into this Memorandum of
Understanding (MOU) for the purpose of defining the manner in which DOR will
participate in the One-Stop delivery system under the Workforce Investment Act
of 1998 (WIA).
Dept. of Rehabilitation-WIA Guidance Circular—MOU Template 3/28/00
TERMS AND CONDITIONS OF AGREEMENT
DOR will financially participate in the operating costs of those One-Stop Centers
in which DOR staff is co-located. Allocation and payment of the operating costs
of the One-Stop Center that are attributable to DOR, if any, will be addressed in
separate financial participation contracts between DOR and the One-Stop
Operators. Such financial participation contracts shall conform to the State's
standard contractual forms and comply with all applicable state statutes and
regulations regarding such contracts. This MOU shall be referenced in such
financial participation contracts.
,Effective Dates:
This MOU shall become effective on November 1, 2008 and terminate on
June 30, 2011 and will continue in effect until such time as it is revised, extended
or terminated, as provided below.
Revisions and Modifications:
This MOU may be revised or modified with the approval of both Contra Costa
County Workforce Development Board and DOR. A request by one party to this
MOU.for revision or modification must be presented in writing to the other party.
Any modification. or revision to the MOU must be in writing and signed by the
District Administrator on behalf of DOR and Robert Lanter on behalf of Contra
Costa County WDB.
Extension Policy:
This MOU may be extended by written agreement between Contra Costa County
WDB and DOR, provided such agreement is signed by both entities prior to the
termination date.of this agreement, and contains the following:
• A statement of intent to continue all provisions of the MOU,
• Revised effective and termination dates, and
• Dated signatures of the District Administrator ori behalf of DOR and of a
person authorized to sign.on behalf of Contra Costa County Workforce
Development Board.
Termination Policy:
Either party to this MOU may elect to terminate its participation in this MOU,
without cause by delivering a thirty (30) day written notice of intent to'terminate to
the other party.
AMERICANS WITH DISABILITY ACT COMPLIANCE
Dept, of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00
2
The Contra Costa County Workforce Development Board will ensure that policies
and procedures established by The Contra Costa County WDB and,programs
and services provided by One-Stop Centers are in compliance with the
Americans with Disabilities Act.
SERVICES PROVIDED
DOR agrees that it will provide the following vocational rehabilitation services to
individuals whom DOR determines to be eligible for such services, and for whom
such services are necessary and appropriate, consistent with federal and state
law.
Core Services:
As a general rule, DOR may not participate in the provision of core services, as
defined in WIA Section 134(4)(2), 29 U.S.C. Section 2864(d)(2), to. customers of
the One-Stop Center, because such core services generally are not authorized
and provided under DOR's vocational rehabilitation program. Federal law
authorizes DOR to provide vocational rehabilitation services only to persons who
are determined to be eligible for such services, and DOR's funding accordingly
cannot be utilized to pay for core services that are available to every customer of
the One-Stop Center.
Providing access by individuals with disabilities to core services, as required by
the ADA and Rehabilitation Act, Section 504, is the responsibility of the One-Stop
Operator. DOR is not authorized to provide funding necessary to assure access
to core services.
Intensive Services:
DOR agrees to provide intensive services, as defined in WIA Section 134(d)(3)1
29 U.S.C. Section 2864(d)(3), to an eligible individual who is:
(1) Determined by the One-Stop Operator to be eligible for such services
under WIA Section 134(d)(3)(A), 29 U.S.C. Section 2864(d)(3)(A), because
the individual is:
(a) Unemployed and unable to obtain employment through core services;
(b) In .need of intensive services to obtain employment; or
(c) Employed but in need of intensive services to obtain or retain
.employment that allows for self-sufficiency; and
(2) Determined by DOR to be eligible for vocational rehabilitation services
under the Rehab Act, and applicable federal and state regulations:
Dept. of Rehabilitation_WIA Guidance Circular—MOU Template 3/28/00
Intensive services that DOR may provide to:individuals eligible for VR services
include but are not limited to:
• Assessment for determining priority for services under Order of Selection
• Vocational rehabilitation counseling, guidance and referral services
• Comprehensive and specialized disability related'.assessments
• Development of Individual Plan'for Employment (IPE)
• Group rehabilitation counseling
• Individual disability related counseling and career planning
• Case management
• Short-term prevocational services
• Job search and placement assistance .
• Physical .and mental restoration services necessary for participation in
intensive services (medical or medically related rehabilitation services, e.g.,
hearing aides, eyeglasses, and visual services)
• Transportation services necessary to participate in intensive services,
including, mobility evaluation, vehicle purchase, vehicle modification, vehicle
maintenance, and vehicle insurance
• Services to family members
• Supported employment services
• Rehabilitation technology, including assistive technology/devices
• Job coaching
• . Maintenance services
• Post employment services
• Personal, assistance services (e.g., personal care services and the more
traditional reader, note taker, tutor, interpreter, driver, and otherpers.onai
services)
• Homemaker services
• Self-employment services
• Other vocational rehabilitation services determined necessary for the
individual with a disability to achieve an employment outcome..
Training Services:
DOR agrees to provide training services, as defined in WIA Section 134(4)(4), 29
U.S.C. Section 2864(d)(4), to an eligible individual who:
(1) (a) Has been determined to be eligible for intensive services under WIA
Section 134(d)(4)(A),-29 U.S.C. Section 2864(d)(4)(A), but who has
been unable to obtain employment;
Dept. of Rehabilitation—WIA Guidance Circular-MOU Template 3/28/00 4
(b) Has been determined by the On' -Stop Operator or a One-Stop
Partner to be in need of training services and who has the*skills and
qualifications to successfully participate in a training program;
(c) Selects a training program that is directly linked to employment
opportunities in the local area or in an area to which the individual is
willing to relocate;
(d) Is not qualified for federal grant assistance or who needs assistance
beyond that available through such grant assistance programs;
(e) ,Meets applicable priority criteria for training services established
under WIA Section 134(d)(4)(E), 29 U.S.C. Section 2864(d)(4)(E);
and
(2) Is determined by DOR to be eligible far training, as a vocational
rehabilitation service, under the Rehab Act, and applicable federal and
state regulations.
Training services that DOR may provide to persons eligible for VR services
include but are not limited to:
• Vocational rehabilitation counseling,,guidance and referral services related to
training
• Assessment for determining training needs
• Vocational and other training services, such as funding for personal and
vocational adjustment training, on-the-job training, books (including alternate
format books accessible by computer and taped books), tools, occupational
licenses, and other training materials
• Physical and mental restoration services necessary for participation in training
(medical or medically related rehabilitation services, e.g.,-hearing aids,.
eyeglasses, and visual services)
• Transportation services necessary to participate in training, including mobility
evaluation, vehicle purchase, vehicle modification, vehicle maintenance, and
vehicle insurance
• Rehabilitation technology, including assistive technology/devices needed ,to
complete training
• Maintenance services for expenditures resulting from participation in a training
program"that exceeds normal living expenses
• Personal assistance services needed to complete training` (e.g., personal care•
services and the more traditional reader, note taker, tutor, interpreter, driver,
and other personal services)
Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00 5
• Other vocational rehabilitation services related to training and'determined to
be necessary for the individual with a disability-to achieve an employment ,
outcome
Nothing in this MOU,will alter the responsibility imposed upon DOR, pursuant to
34 CFR Section 361 .13(c), for all decisions regarding vocational rehabilitation
services, in,cooperation with the individual receiving such services, including but
not limited to decisions concerning eligibility .for vocational rehabilitation services,
the nature and scope of such services, the provision of such services, and the
allocationand expenditures of DOR funding. If an individual would not be eligible
"f for intensive or training services under eligibility criteria established by WIA, but
would be eligible to receive such services through DOR's vocational rehabilitation
program, such individual may be provided such services through DOB's
vocational rehabilitation program.
LOCATION OF ONE-STOP SITES
The Contra Costa County WDB will establish a minimum of one physical location
within the service delivery area in which all One-Stop Partners will provide
access to the services provided under WIA. The parties agree that such One-
Stop Center shall be located at 2425 Bisso Lane, #1.00, Concord CA. DOR
agrees that it will provide .access to the services described in this MOU at such
location. This location may be changed by,Contra Costa County.WDB during the
term of this MOU, upon reasonable advance notice of such change to DOR.
If Contra Costa County WDB establishes additional Ocie-Stop Centers within its
local service delivery area, DOR will determine the extent and manner in which it
will participate in such additional centers.
METHODS OF REFERRAL
Contra Costa County WDB and DOR agree to jointly develop and implement
processes and forms for common intake and referral among,ther One-Stop.
Partners, and to modify such processes, and forms, as necessary.
DOR agrees to train and provide technical assistance to the staff of each
participating One-Stop Partner,on topics that include but are not limited to
eligibility for and scope of VR services; auxiliary aids and services; and
rehabilitation technology for individuals,with disabilities.
Contra Costa. County WDB will require the other One-Stop Partners to provide
training to DOR staff regarding the partners' programs:and eligibility criteria.
Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00 6
DOR agrees to refer its applicants and clients to other One-Stop Partners, when
such individuals may be eligible for-the partner's services. Contra Costa County
WDB will require the other One Stop Partners to refer applicants.for and clients
of their.services to DOR, when such individuals may be eligible for DOR
services.
CONFIDENTIALITY
Contra Costa County WDB agrees that when any individual applies for or .
receives vocational rehabilitation services from DOR through the One-Stop
Center, all information regarding' such application for or receipt of DOR services
shall be confidential information subject to the provisions of 34 CFR Section
361 .38 and Title 9 California Code of Regulations Sections 7140 - 7143.5,.
Contra Costa 'County WDB will require the One-Stop Operator(s) to develop and
implement appropriate policies and procedures to assure that:. .
(1 ) Information contained in the records of the One-Stop Center or other One-
Stop Partners, that identifies an individual as having applied for or received
DOR services including but not limited to application, eligibility and referral
records, shall be maintained by the One-Stop Operator and One-Stop
Partners in the strictest confidence, consistent with the regulations set forth
above; and shall be used by the One-Stop Operator and One-Stop
Partners solely for purposes directly related to determining eligibility or
delivery, of services to such individual;
(2) Information regarding any individual who has applied for or received DOR
services, including the fact that the individual is an applicant or client of .
DOR, shall not be disclosed by the, One-Stop Operator.or any One-Stop
Partner, absent a court order or a written authorization from the, applicant or
client, consistent with the regulations set forth above;
(3) Requests by any One-Stop Partner or the One-Stop Operator for
information in DOR files concerning an applicant or client for DOR services-
shall be accompanied by a written authorization from the applicant or client,
consistent with the regulations set forth above; and
(4) Information provided by DOR to a One-Stop Partner or the One-Stop _
Operator shall be subject to.the'prohibition against redisclosure contained
in Title 9, California Code of Regulations Section 7142.5.
Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00 > . ,7 ,
DOR agrees that it shall provide to WDB of Contra Costa County and to.the One-
Stop Operator information regarding applicants or clients who applied for or
received services from DOR through the One-Stop Center as needed for
reporting and tracking required by WIA. Such information shall be reported in a
format that does not identify the individual client or applicant.
ADMINISTRATIVE AND OPERATIONS MANAGEMENT
It is understood that DOR.and its staff are subject to existing,personnel policies,
procedures, regulations and statutes as well as applicable collective bargaining
agreements. Contra Costa County WDB will assure that the One-Stop Operator
will work with DOR in developing and implementing policies andprocedures for
the One-Stop Center, in order to avoid inconsistencies with DOR's existing
policies, procedures, regulations and collective bargaining agreements.
ADMINISTRATIVE DISPUTE RESOLUTION
Contra Costa County WDB.and DOR agree to communicate openly and directly
resolve any problems or disputes related to provision of services in a .cooperative
manner.and at the lowest.level of intervention possible.
Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00
SIGNATURES
In WITNESS THEREOF, the parties to this OU a cute this agreement.
Dated: 2008 By: �-
(Signature o uthorized Officer of WDB of CCC)
� .v Lx vi.Av r
WDB of Contra Costa County
2425 Bisso Lane; #100
(Address)
Concord, CA 94520
(City, State, Zip Code)
Dated: f , 2008 By: _—
(Signature of District Administrator)
Department of Rehabilitation, Greater East Bay District
1485 Enea Ct, Ste 1100
(Address)
Concord, CA 94520
(City, State, Zip Code)
I-hereby agree to the-foregoing Memorandum of Understanding between Workforce
Development Board of Contra Costa County and the Department of Rehabilitation,
Greater East Bay.District.
Dated �ot��w(� �I2008 By:
Na Title of Chief Elected Official
Federal D. Glover, Chair
G'ontra Costa County Board of Supervisors
Dept.of Rehabilitation-WIA Guidance Circular-MOU Template 3128100 9
INDEMNIFICATION
DOR shall defend, indemnify and hold the. Contra Costa County WDB, its
officers, employees and agents,, including the One-Stop Operator, harmless from
and against any and all liability, loss, expense, or claims arising out of the
performance of this MOU, but only in proportion to and to the extent such liability,
loss, expense, or claims for injury or damages are caused by or result from the
negligent or intentional acts or omissions .of DOR, its officers, agents or
employees.
The Contra Costa County WDB shall. defend, indemnify and hold DOR, its
officers, employees and agents, harmless from and against any and all liability,
loss, expense, or claims arising .out of the performance of this agreement, but
_ only in proportion to and to the extent such liability, loss, expense, or claims for
injury or damages are caused by or result from the negligent or intentional acts or
omissions of The Contra Costa County WDB, its officers, agents or employees.
Dept. of Rehabilitation—WIA Guidance Circular MOU Template 3/28/00 10