2005-088 - Approving An Agreement Between The Town Of Los Gatos And The City Of San Jose As Administrators Of Silicon Valley Workforce Investment BoardRESOLUTION 2005 - 88
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
APPROVING AN AGREEMENT
BETWEEN THE TOWN OF LOS GATOS AND THE CITY OF SAN JOSE AS
ADMINISTRATORS OF SILICON VALLEY WORKFORCE INVESTMENT BOARD
WHEREAS, the Town of Los Gatos (TOWN) desires to utilize the services
of the Silicon Valley Workforce Investment Board (WIB) to provide additional wide
scale workforce development and training programs to both our residential and business
community; and
WHEREAS, it is in the interest of TOWN citizenry to have access to Silicon
Valley Workforce Investment Board (WIB) workforce development programs that
provide assistance to both our residents and business community in remaining
competitive under ever unchanging economic conditions.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos
enter into a Memorandum of Understanding (MOU- Exhibit A) with the City of San
Jose for workforce development services provided by Silicon Valley Workforce
Investment Board (WIB), and that the Town Manager is authorized, and is hereby
directed, to execute said Memorandum of Understanding in the name and on behalf of
the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 15 " day of August, 2005 by the following
vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Barbara Spector,
Mayor Mike Wasserman.
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
�i
CLERK ISTRATOR
LOS GATOS, CALIFORNIA
SIGNED: /A' /'/' 0 �
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
REGARDING WORKFORCE INVESTMENT ACT SERVICES
This Memorandum of Understanding ( "MOU ") regarding Workforce Investment Act
Services, is dated August 15, 2005 by and between the City of San Jose ( "City ") as
administrator of the San Jose Silicon Valley Workforce Investment Board and the Town
of Los Gatos ( "Local Agency ").
RECITALS
WHEREAS, the San Jose Silicon Valley Workforce Investment Area ( "Local Area ") is
comprised of the cities of San Jose, Gilroy, Campbell, Los Gatos, Saratoga, Morgan
Hill, Monte Sereno, Los Altos Hills, and unincorporated areas of Santa Clara County;
and
WHEREAS, the San Jose Silicon Valley Workforce Investment Board ( "WIB ") was
established for the purpose of providing strategic planning, policy development, and
oversight of the local workforce investment systems; and
WHEREAS, the Workforce Investment Act of 1998, as amended, ( "WIA ") provides
financial assistance enabling local governments to assume responsibilities for job
training, employer services, community services, and for other purposes, and provides
for the formation of consortia wherein combinations of cities may unite to form a multi
jurisdictional area for overseeing, planning, developing and monitoring a
comprehensive one -stop service- delivery system; and
WHEREAS, public agencies have inherent power to act for the benefit of the health and
general welfare of their residents; and
WHEREAS, it will mutually benefit the City and the Local Agency to enter into a
Memorandum of Understanding whereby the Local Agency may avail themselves of the
benefits and advantages of the WIA for the residents and businesses within their
respective jurisdictional areas.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. Purpose
The purpose of this Memorandum of Understanding is to coordinate workforce
development services, by carrying out job training and employment programs, within the
one -stop service- delivery system according to plans pursuant to the Workforce
Investment Act (WIA), Personal Responsibility and Work Opportunity Reconciliation
Act, California Work Opportunity and Responsibility to Kids (CaIWORKS) and other
workforce development legislation.
EXHIBIT A
SECTION 2. San Jose Silicon Valley Workforce Investment Board
The Local Agency hereby authorize the WIB to perform the following workforce
development services:
A. Provide strategic planning, policy development, and oversight of the local
workforce investment systems. The WIB shall also direct the disbursement of
funds for workforce investment activities to adults and youth.
B. Provide policy guidance for, and exercise oversight with respect to, activities
under the WIA within the designated Local Area.
C. Design and plan the program of job preparation and training services for the
designated area.
'D. Monitor the performance of the job preparation and training services systems.
E. Promote the transition of participants served by the system into unsubsidized
full -time employment.
F. Develop and implement a plan for public input regarding planning,
recommendations, program development and evaluation.
G. Establish and coordinate training and employment programs within the Region;
and undertake any other act or acts that may be required to accomplish the
purposes of this Memorandum of Understanding and the WIA.
SECTION 3. City of San Jose Authority
The Local Agency hereby authorize the City, in its own name, to do all acts necessary
to accomplish the purpose as set forth in Section 2 above, which include, but are not
limited to, any or all of the following:
A. Enter into subgrants, contracts and other necessary agreements.
B. Receive and expend funds.
C. Employ personnel.
D. Organize and train staff personnel.
E. Prepare a comprehensive five -year plan for one -stop service delivery system.
F. Develop procedures for governance, planning, operation, assessment and fiscal
management of the one -stop service delivery system.
G. Execute and /or modify grant agreements with the U.S. Department of Labor, the
State of California, the County of Santa Clara and other interested investors.
2
EXHIBIT A
H. Prepare an annual budget.
Designate the Mayor of the City of San Jose as the Chief Local Elected Official
(CLEO) for the Local Area.
J. Establish and provide administrative services to WIB pursuant to WIA
regulations.
K. Establish and provide administrative services to a Youth Council pursuant to WIA
regulations.
All management functions performed, hereunder, except individual reports to Local
Agency of WIA activities, shall be on a regional basis, without partiality or regard for
political boundaries of the City or the Local Agency.
SECTION 4. Term of MOU.
This Memorandum of Understanding shall become effective as of the date of its
approval by the legislative bodies of the City and the Local Agency, and shall continue
in full force and effect until terminated by all of the parties to this Memorandum of
Understanding. Either party may terminate its participation in the Memorandum of
Understanding as of the end of any fiscal year by giving written notice of its intention to
terminate at least six (6) months prior to the end of the fiscal year in which such notice
is given, to the other party.
SECTION 5. Officers and Employees
The City shall provide administrative, managerial and staff personnel to carry out the
purposes of this Memorandum of Understanding. Such personnel shall remain
employees of the City, subject to all of the terms and conditions of employment
otherwise applicable to City employees. The City is further authorized to hire temporary
employees and consultants, and to provide such other facilities, supplies, equipment,
office space and customary administrative resources, as are reasonably necessary to
performance of the activities undertaken pursuant to this Agreement. Reimbursement
for all of the foregoing personnel and administrative cost shall be exclusively from
grants or funds appropriated by state or federal laws and regulations, private
foundations and other investors.
SECTION 6. WIB Nominations
The Local Agency may nominate one person for appointment to the WIB or the Youth
Council. The Local Agency shall submit to the CLEO the name and qualifications for
any such nomination.
SECTION 7 Relationship Of Parties
Under no circumstances shall this Memorandum of Understanding be construed as one
of agency, partnership, joint venture or employment between the City and Local
Agency. Each party acknowledges and agrees that it neither has, nor will give the
EXHIBIT A
appearance or impression of having, any legal authority to bind or commit the other
party in any way except as specifically provided in this Memorandum of Understanding.
SECTION 8. Notices.
Any communication or notice which either party is required to send to the other or which
either party desires to send to the other, shall be in writing and shall be either
personally delivered or mailed in the United States mail, postage prepaid, to the
respective parties addressed as follows:
To City:
Jeff Ruster, Executive Director
San Jose Silicon Valley Workforce
Investment Board
60 S. Market St. Ste. 470
San Jose, CA 95113
To Local Agency:
Debra Figone, Town Manager
Town of Los Gatos
110 E. Main Street
P.O. Box 949
Los Gatos, CA 95031
Each party may change its address or designated agent by sending notice of the new
address or designated agent to the other party pursuant to this Section.
SECTION 9 Local Agency Authority.
A. The parties, by their signatures to this Memorandum of Understanding, certify
that all parties are authorized pursuant to law to provide the services for which
this Memorandum of Understanding is entered into within the jurisdiction of the
parties.
B. The parties, by their signatures, certify that to the extent consistent with state law
and local ordinances, they accept responsibility for the operation of the programs
initiated and continued pursuant to this Memorandum of Understanding.
SECTION 10. Liability.
A. The City, and those persons, agents and instrumentalities used by it to perform
the functions authorized herein, shall be exclusively liable for damages to any
Local Agency arising from activities authorized under this Memorandum of
Understanding as set forth in the Act.
B. The City shall hold harmless and indemnify the Local Agency, including their
officers and employees, from any claim or liability arising from acts or omissions
of the City of San Jose in the administration of this Memorandum of
Understanding as set forth in the Act.
Ell
EXHIBIT A
SECTION 11. Severability
Should any part, term, or provision of this Memorandum of Understanding be decided
by the courts to be illegal or in conflict with any law of the State of California or
otherwise be rendered unenforceable or ineffectual, the validity of the remaining
portions or provisions shall not be affected thereby.
SECTION 12. Counterparts
This Memorandum of Understanding may be signed in counterparts, each of which
together shall constitute one and the same Memorandum of Understanding.
WITNESS THE EXECUTION HEREOF on the dates noted below.
APPROVED AS TO FORM:
CITY OF SAN JOSE, a municipal
corporation
ED MORAN
Senior Deputy City Attorney
APPROVED AS TO FORM:
Name: Orrry Korb
Title: Town Attorney
Name: Peter Jensen
Title: Assistant to the City Manager
Date:
TOWN OF LOS GATOS, a municipal
corporation
gY
Name: Debra Figone
Title: Town Manager
Date:
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