REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 6, 2024
FROM
BRADLEY GATES, Director, Workforce Development Department
SUBJECT
Title
Revenue Agreement with the State of California Employment Development Department for Workforce Innovation and Opportunity Act Sub-Grant
End
RECOMMENDATION(S)
Recommendation
Accept and approve a sub-grant award and Revenue Agreement (State Agreement No. AA511030) with the State of California Employment Development Department, including a non-standard term, to provide Workforce Innovation and Opportunity Act Services, in the amount of $6,524,862, for the retroactive period of April 1, 2024 to June 30, 2026.
(Presenter: Bradley Gates, Director, 387-9856)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Create, Maintain and Grow Jobs and Economic Value in the County.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The sub-grant Revenue Agreement (State Agreement No. AA511030) (Agreement) will provide an initial allocation of $6,524,862 from the State of California Employment Development Department (EDD) to the County and does not require a match. Sufficient appropriation and revenue have been included in the Workforce Development Department’s (WDD) 2024-25 budget.
This initial allocation will be supplemented by additional Workforce Innovation and Opportunity Act (WIOA) funds throughout 2024-25. Additional WIOA allocations will be automatically added to the Agreement through grant modifications within PY 2024-25, which EDD does not require to be signed. These additional allocations will be reflected in WDD’s 2024-25 budget and any necessary budget adjustments will be included in a future countywide budget report presented to the Board of Supervisors (Board) for approval.
BACKGROUND INFORMATION
On May 19, 2015, WDD was notified that the County was designated as a Local Workforce Development Area under WIOA. WIOA provides the framework for a national workforce preparation system that is administered at the local level and is designed to meet the individual needs of businesses and jobseekers. Under the direction of the Workforce Development Board, WDD is responsible for administering WIOA programs to eligible youth aged 16-24, as well as Adults and Dislocated Workers, on behalf of the County.
WIOA funding originates from the United States Department of Labor. Allocations are made to each state based upon a federally legislated formula. The proposed Agreement is the primary Agreement EDD will utilize to pass through all WIOA funding within the EDD Agreement period of April 1, 2024 to June 30, 2026. The EDD Agreement period through June 30, 2026, allows for EDD to provide WIOA funding for 2025-26 under the existing Agreement. WIOA funding that may be received for 2025-26 will be reflected in WDD’s proposed 2025-26 budget.
The proposed Agreement and initial allocation will allow WDD to receive additional WIOA allocations awarded to the County throughout 2024-25. As adopted by the Board in the 2024-25 budget, these revenues are utilized to fund youth program operations to include academic enhancement, alternative secondary school services, paid and unpaid work experiences, supportive services, and follow-up services, as well as placing unemployed and under-employed adults and dislocated workers back into the workforce. Youth are served by the County’s contracted youth services providers and Adults and Dislocated Workers receive employment and training services at WDD’s three America’s Job Centers of California, located in the cities of San Bernardino, Rancho Cucamonga, and Victorville. These services include individual and on-the-job training, job search, resume assistance, and other case management services with the goal of providing employment opportunities to underserved populations.
On July 1, 2024, WDD received the Agreement from the EDD. This retroactive item is being presented at this time, as this is the first Board meeting date available following the required operational, administrative, and legal reviews. Although this is a retroactive item, the funds being recommended for approval in the Recommendation are effective for 2024-25. Approval by the Board at this time will not impact services.
The Agreement from the EDD is non-negotiable and includes a term that is different from the standard County contract as follows:
The EDD’s terms and conditions require each party to indemnify and hold the other party harmless from all liability for damage to persons or property arising out of or resulting from acts or omissions of the indemnifying party.
• The County standard contract indemnity provision requires the contractor to indemnify, defend and hold the County harmless from third party claims arising out of the acts, errors or omission of any person.
• Potential Impact: If the EDD is sued for any claim under the County’s use of the grant award funds, the County would have to indemnify and hold the EDD harmless for damage to persons or property arising out of the County’s acts or omissions.
WDD recommends approval of the Agreement, including the non-standard contract term, to support the County in providing employment opportunities to underserved populations.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Sophie Curtis, Deputy County Counsel, 387-5455) on July 9, 2024; Risk Management (Gregory Ustaszewski, Staff Analyst II, 386-9008) on July 25, 2024; Finance (Carl Lofton, Administrative Analyst, 387-5404) on July 19, 2024; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on July 22, 2024.