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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: 61