REPORT TO COUNCIL
SUBJECT
Title
Approve Renewal of 2025 Workforce Innovation and Opportunity Act (WIOA) Memorandums of Understanding (MOUs) for NOVA Workforce Board, and Adopt a Resolution Authorizing the Mayor to Execute MOUs Relating to One-Stop Workforce Development Systems pursuant to WIOA
Report
BACKGROUND
The federal Workforce Innovation and Opportunity Act (WIOA) stipulates the importance of providing customers with access to high-quality one-stop job centers that connect them to community services. The centers strengthen the local workforce system’s ability to align investments in workforce, education, and economic development with regional in-demand jobs. America’s Job Centers of California (AJCCs) are the cornerstone of California’s workforce system and serve as key access point(s) to education and training programs leading to gainful employment. The goal of the AJCC comprehensive centers (Sunnyvale Job Center for NOVA) is to streamline access for shared customers through shared services and shared costs.
WIOA, as stipulated by State Workforce Services Directive WSD18-12, requires that a Memorandum of Understanding (MOU) be developed between the local workforce board and mandated AJCC partners concerning the operations of the local one-stop system. Key components of the MOU should address shared customers, shared services, and shared costs. It should include services partners will contribute to the local workforce system; streamlined access to services through co-located facilities, technology, and direct connections between partner agencies; referrals that include a “warm handoff” between partners to promote better access to customers; process for achieving consensus and resolving conflicts among partners; and procedure for modifying and reviewing the agreement. The shared cost component should include infrastructure cost and other system (career services) cost for the AJCC service system and a cost allocation methodology for determining shared costs. The California Employment Development Department has not developed a statewide data tracking methodology for calculating shared costs between the local workforce board and its AJCC partners, so for many boards (including NOVA Workforce Board), there are no shared costs for this MOU. There is only the commitment to share costs should sufficient data become available. The only shared cost that may be determined are for co-located partners at a job center. NOVA has no co-located partners. As such, the WIOA MOU is viewed primarily as administrative, non-fiscal in nature.
WSD18-12 requires that the WIOA MOU be renewed every three years. The WIOA MOU between the NOVA Workforce Board and the AJCC mandated partners has been renewed three times in 2016/17, 2019, and 2022, and approved by the State. The WIOA MOU is due to be renewed again in 2025.
EXISTING POLICY
Council Policy 5.1.1: Socio-Economic - Goals and Policies: Education and Training Goal 5.1F: Provide job training and employment services, within constraints of operative Federal regulations and available Federal funding, to address the locally-determined employment and training needs of economically disadvantaged residents and others with special needs.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental, organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
With the impending expiration of the current WIOA MOU on June 30, 2025, NOVA worked with the local AJCC partners on the MOU renewal for 2025. There are nearly 25 partners participating in this MOU representing all the required WIOA mandated categories. These categories include WIOA Title I adults, dislocated workers and youth; Title II adult education; Title III & IV State Workforce Services and Rehabilitation agencies; Title V senior services; Temporary Assistance to Needy Families (TANF) county agencies; Community Action Partnership organization; Migrant and Seasonal Farmworkers-funded agency; Housing and Urban Development local housing authority; community colleges; Job Corps; and WIOA Section 166 Native American-funded agency. Parties reached consensus on the terms and conditions of the MOU. All the required components have been included in the 2025 WIOA MOU and comply with WIOA requirements. As with previous WIOA MOU renewals, there are two MOUs: one MOU for all AJCC Partners and one MOU for just the County of Santa Clara. The term of this agreement is July 1, 2025, through June 30, 2028. The NOVA Workforce Board has approved these MOUs.
Under WIOA, MOUs must be executed by and between the local workforce development board and the one-stop partners, with the agreement of the Chief Local Elected Official and the one-stop partners. The Sunnyvale City Council serves as the Chief Local Elected Official for the NOVA consortium. In the past, WIOA MOU renewals were approved by the City Attorney’s Office, City Manager, NOVA Workforce Board, and signed by the Mayor. To formalize this process, a resolution has been developed that will authorize the Mayor to execute any future WIOA MOU for the one-stop delivery system on Council’s behalf.
The two draft 2025 WIOA MOUs have been attached (Attachments 1 and 2). The draft Resolution authorizing the Mayor to execute future MOUs has also been attached (Attachment 3).
FISCAL IMPACT
No fiscal impact.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
RECOMMENDATION
Recommendation
Approve two WIOA MOU renewals for 2025: one for all AJCC Partners and one for the County of Santa Clara, and adopt a Resolution authorizing the Mayor to execute MOUs Relating to One-Stop Workforce Development Systems pursuant to WIOA.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
_X_ Contract under $50,000 or non-fiscal
_X_ Contract between public agencies
___ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Eileen Stanly, Administrative Analyst
Reviewed by: Marléna Sessions, Executive Director, NOVA Workforce Services
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. 2025 WIOA MOU for Required Partners
2. 2025 WIOA MOU for County of Santa Clara
3. Resolution of The City Council Of The City of Sunnyvale Authorizing The Mayor to Execute MOUs Relating to One-Stop Workforce Development Systems pursuant to WIOA