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HomeMy WebLinkAboutMINUTES - 11042008 - C.44 sEL �T Contra p� TO: BOARD OF SUPERVISORS _ FROM: Joseph P. Valentine, Director �/ ;,; Costa Employment and Human Services County DATE: November 4, 2008 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 t friployers, employees, and individuals seeking jobs or enhancing job skills; be Comprehensive, customer f sed, and performance based. CONTINUED ON ATTACHMENT: X YES SIGNATURE: C/ RECOMMENDATION OF COUNTY ADMINISTRATOR ROMMENDATION OF BOARD COMMITTEE APPROVE a HER SIGN CTURE(S): ACTION OF BOARD ON APPROVE AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _ UNANIMOUS (ABSENT nC)r ' ) 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 DAVID TWA,CLERK OF THE 130ARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: MICHAEL ROETZER 3-1582 ROBERT LANTER-WDB EHSD CONTRACTS UNIT(EB) COUNTY ADMINISTRATOR n AUDITOR-CONTROLLER BY: DEPUTY 1 J 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 Lahter 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 on' 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(d)(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), 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 employ,ment; 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 other personal . 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(d)(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 One-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 for 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 VRservices include but are not limited to: • Vocational rehabilitation counseling, guidance and referral services related to training Assessment for determining traini.ng'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—W!A Guidance Circular—MOU Template 3/28/00 rJ • 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 allocation and expenditures of DOR funding. If an individual would not be eligible 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 DOR'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, #100, Concord CA. DOR agrees that it will provide access to the services described in this MOU at such location. This loca_ tion 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 One-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.the 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 aidsand'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 forthe 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 _4 361 .38 and Title 9 California Code of Regulations Sections 71407 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 W1A. 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 and procedures 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 QOR 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 8 SIGNATURES In WITNESS THEREOF, the parties to this MOU a cute this agreement. Dated: , 2008 By: (Signature-oO uthorized Officer of WDB of CCC) WDB of Contra Costa County 2425 Bisso Lane; #100 (Address) Concord; CA 94520 (City, State, Zip Code) Dated: / , 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 �uVr51l 12008 By: Na Title of Chief Elected Official Federal D. Glover, Chair C,bntra 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 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 r 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, Operators. Such financial participation contracts shall conform to the State's standard contractual forms and comply with all applicable stag 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 on 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 arty: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. In addition, DOR staff will participate in the One Stop Consortium and will sit as a mandated partner on the WDB. Core Services: As a general rule, DOR may not participate in the provision of core services, as defined in WIA Section 134(d)(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 1.34(d)(3), 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 3 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 (lPE) • 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 service's (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 technologyldevices Job coaching Maintenance services • Post employment services 10 Personal assistance services (e.g., personal care services and the more traditional reader, note taker, tutor, interpreter, driver, and-other personal 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 W!A Section 134(d)(4), 29 U.S.C. Section 2864(d)(4), 'to an eligible'individual who: r Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00 4 (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 e.mployment.; (b) Has been determined by the One-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 for 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 Dept. of Rehabilitation 7 WIA Guidance Circular—MOU Template 3/28/00 5 Personal--assistance services needed to complete training (e.g., personal care services and the more traditional reader, note taker, tutor, interpreter, driver, 4., .. . -'and other personal services)' • 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 allocation and expenditures of DOR funding. If an individual would not be eligible 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 DOR's vocational rehabilitation program. LOCATION 'OF ONE-STOP SITES The Workforce Development Board of Contra Costa County 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 4071 Port Chicago Highway, Ste. .250, 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 The WDB of Contra Costa County during the term of this MOU, upon reasonable 'advance notice of such change to DOR. The WDB of Contra Costa County has establised additional One-Stop Centers within its local service delivery area, DOR will determine the extent and manner in which it will participate in' additional centers. METHODS•OF. REFERRAL The WDB of Contra Costa.Countyrand DOR agree to jointly develop and implement processes and forms for common intake and referral among the 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 Dept.-of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00 .6 eligibility for and scope of VR services; auxiliary aids and services;'and rehabilitation technology for individuals with disabilities. The WDB of Contra Costa County will require the. other One-Stop Partners to provide.training to DOR staff regarding the partners' programs and eligibility _...criteria. DOR agrees to refer its applicants and clients to other One-Stop Partners, when such individuals may be eligible for the partner's services. The WDB of Contra Costa County will request 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 The WDB of Contra Costa County 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. The WDB of Contra Costa County 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 Dept. of Rehabilitation—WIA Guidance Circular MOU Template 3/28/00 7 } y , shall be accompanied by a written authorization from the arpplicant or client, consiste'nt'with the regulations set•forth above; and (4) Information provided by DOR to a One=Stop Partner or.the O'ne=Stop Operator shall be subject to the. prohibition against redisclosure contained in Title 9, California Code of Regulations Section 7142.5. : DOR agreesthat 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. `THE WDB 'of Contra Costa County.will 'assure that the .One-Stop Operator will work with DOR in developing and implementing policies-and procedures for the One-Stop Center, in order to avoid inconsistencies with DOR's existing policies, procedures, regulations.and collective bargaining agreements. ADMINISTRATIVE DISPUTE RESOLUTION The WDB of Contra Costa County 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 8 SIGNATURES In WITNESS THEREOF, the parties to this MOU e cute this agreement. Dated: ; 2008 By. (Signature ool uthorized Officer of WDB of CCC) WDB of Contra Costa County 2425 Bisso Lane, #100 (Address) Concord, CA ' 94520 (City, State, Zip Code) Dated: , 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;J�cve nW. 41 2008 By: (Na e, Title of Chief Elected Official) Dept. of Rehabilitation—WIA Guidance Circular—MOU Template N28/00 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 per of this ���OU, 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 p Guidance Circular—IVIOU Template 3/28/00 .10 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: v 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 7 MOU Template 3/28/00. F - TERMS AND CONDITIONS OF AGREEMENT 'DOR will financially participate in the operating costs of'those One-Stop Centers in which DOR staff is co-iocafied. 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, tihd Modifications: This MOU maybe 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 Cour3ty 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 o.f 'nt to` continue all provisions of the MOU, Revrsedeffective and termination dates, and • Dated signatures of the District Administrator on behalf of_DOR and of a person authorized to sign on behalf of Contra Costa-County Workforce Developrrienf Board. Termination'Policy: Either partyto 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. otherparty. x• 5. ".. .. - AMERICANS WITH DISABILITY ACT CO�MPL14NCE Dept of Rehabilitation—WIA Guidancecircular , MOU Template 3/28/00 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. f 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. In addition, DOR staff will participate in the One Stop Consortium and will s.it as a mandated partner on the WDB. Core Services: As a general rule, DOR may not participate in the provision of core services, as defined in WIA Section 134(d)(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 DOB'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), 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 3 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'specializzed disability related assessments • Development of Individual Plan for Employment (IPE) p Grourehabilitation 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, i,nciuding assistive technology/device's • Job coaching . Maintenance services 1. • Post employment services • Personal assistance services (e.g., personal care services and the more traditional reader, note taker, tutor, interpreter, driver, and other personal 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(d)(4), 29 U.S.C. Section 2864(d)(4), to an eligible individual who: Dept of Rehabilitation—WIA Guidance Circular—'MOU Template 3/28/00 (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; (b) Has been determined.by the One-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 for 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 visuaa 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 . Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00 5 Personal-ansa-stance services needed to complete training (e.g.,'personal care services and the more traditional reader, note taker, tutor, interpreter, driver, ,and other personal services) • 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 allocation and expenditures of, DOR funding. If an individual would not be eligible 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 DOR's vocational. rehabilitation program. LOCATION OF ONE-STOP SITES The Workforce Development Board of Contra Costa County 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 4071 .Port Chicago Highway, Ste. 250, Concord CA. D.OR agrees that it will provide access to the services described in this MOU at such location. This location may be changed by The WDB of Contra Costa County during the term of this MOU, upon reasonable advance notice of such change to DOR. The WDB of Contra,Costa County has establised additional One-Stop. Centers within its local service delivery area, DOR will determine the extent and manner in which it will participate in additional centers. METHODS OF REFERRAL The WDB 'of Contra Costa County and DOR agree to jointly develop and implement'processes and forms for common intake and referral among the One- Stop Partners, and to modify such processes and forms, as necessary. DOR agreesto train and provide technical assistance to the staff of each participating One-Stop Partner, on topics that include but are not limited to Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00. 6 eligibility for and scope of VR services; auxiliary aids and services; and rehabilitation technology for individuals with disabilities. The WDB of Contra Costa County will require the other One-Stop Partners to provide training to .DOR staff regarding .the partners' programs and eligibility criteria: DOR agrees to refer its applicants and clients to other One-Stop Partners, when such individuals may be eligible for the partner's services. The WDB of Contra Costa County will request 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 The WDB of Contra Costa County 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. The WDB of Contra Costa County 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 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 Dept. of Rehabilitation WIA Guidance Circular—MOU Template 3/28/00 7 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 Partneror'the One-Stop 'Operator shall be subject to the-prohibition against redisclosure contained . in Title 9, California Code of Reg ulations..Section 7142.5. DOOR agretes 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. THE WDB of Contra Costa County will assure that the One-Stop Operator will work with DOR in developing and implementing policies and procedures for the One-Stop Center, in order to avoid inconsistencies with DOB's existing policies, procedures, regulations and collective bargaining agreements. ADMINISTRATIVE DISPUTE RESOLUTION The WDB of Contra Costa County and DOR agree to communicate openly and directly resolve any problems or disputes related to provision of services in a cooperative manner and at thie lowest level of intervention possible. Dept. of Rehabilitation WIA Guidance Circular MOU Template 3/28/00 8 M SIGNATURES In WITNESS THEREOF, the parties to this MOU e cute this agreement. Dated: 12008 By: (Signature o uthorized Officer of WDB of CCC) WDB of Contra Costa County 2425 Bisso Lane, #x=100 (Address) Concord, CA 94520 (City, State, Zip Code) Dated: , 2008 By: (Signature of District Administrator) Department of Rehabilitation, Greater East Bay District 1485 Enea Ct, Ste 1100 (Address) Concord, CPA 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:h 6d , 2008 By. Nam Title of Chief Elected Official Dept. of Rehabilitation—WIA Guidance Circular—MOU Template 3/28/00 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 MOD, 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 Pr , 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. t Dept; of Rehabilitation—WIA Guidance Circular—IMOU Template 3/28/00