HomeMy WebLinkAboutSan Jose Silicon Valley Workforce Investment Board - MOU for Workforce Investment Act ServicesRD:JLP:ERD uECUTre Copy n der z �-
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MEMORANDUM OF UNDERSTANDING
REGARDING WORKFORCE INVESTMENT ACT SERVICES
This Memorandum of Understanding ( "MOU ") regarding Workforce Investment Act
Services, is dated 3 -P -0s' , 24g4 -by and between the City of San Jose ( "City ") as
administrator of the San Jose Silicon Valley Workforce Investment Board and the City
of Gilroy ( "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.
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SECTION 2. San Josd 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 Josh 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.
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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.
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.
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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
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. 400
San Jose, CA 95113
To Local Agency:
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.
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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.
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:
ED AORAN
Sehior Deputy City Attorney
APPROVED AS TO FORM:
Avlltf�ym
Nam (�aQ LLB
Title: C(,�Y.
CITY OF SAN JOSE, a municipal
corporation
By I v`j 'v
Name: Peter en n
Title: Assistant'` the City Manager
Date: - „ ;,
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Res. No. 721 56
RESOLUTION NO. 72156
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE CERTAIN AGREEMENTS RELATED TO THE
WORKFORCE INVESTMENT ACT (WIA) PFZOGRAM AND
PROJECTS FOR FY 2004 -2005
WHEREAS, effective July 1, 2000, the City of San Josh ( "City') assumed operation
of the federally funded job training programs previously operated under the County
of Santa Clara Job Training Partnership Act Program; and
WHEREAS, the Workforce Investment Act of 1998 (WIA) superseded the Job
Training Partnership Act for funding federal job training services; and
WHEREAS, the City's job training program is now referred to as the Silicon Valley
Workforce Investment Network ( "SVWIN "); and
WHEREAS, the City is a designated area provider of WIA services and administers
certain agreements; and
WHEREAS, the City Council desires to authorize the City Manager to negotiate and
Execute certain agreements, grant applications, grants and subgrant agreements,
and necessary documents related to the WIA Program and projects for FY 2004-
2005;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN
JOSE THAT:
The City Manager is authorized to negotiate and execute the following agreements
relating to the Workforce Investment Act (WIA) Program and projects:
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1. All. contracts, amendments, agreements, leases, subleases, memorandums
of understanding with contractors and vendors providing services to the
Workforce Investment Act Program, including, but not limited to. novations or
assignments, vendor training contracts, .case management contracts,
consultant contracts, memorandums of understanding required with
Mandatory Partners for the use of One Stop facilities, and cities and the
unincorporated area of Santa Clara County whoss residents receive service
under the WIA Program for the period July 1, 2004 to June 30, 2005 in
accordance with procurement procedures and requirements mandated by the
State and Federal governments for Workforce Investment Act grant recipients
and with established City procurement procedures and requirements, that
have been reviewed and approved by the SVWIN Executive Committee
and /or the SVWIN Board, so long as moneys have been appropriated and
there is an unexpended and unencumbered balance of such appropriation
sufficient to pay the expenses of the agreement.
2. All amendments to City Council- approved agreements that have been
reviewed and approved by the SVWIN Executive Committee and /or the
SVWIN Board so long as moneys have been appropriated and there is an
unexpended and unencumbered balance of such appropriation sufficient to
pay the expenses of the agreement.
3. All grants and subgrant agreements for discretionary funding applied for
and approved by SWVIN Board, for the period from July 1, 2004 to June
30, 2005.
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RD:JP:ED P.es. No. 7%156
5/6/44
ADOPTED this 15�' day of June, 2004, by the following vote:
AYES: CAMPOS, CHAVEZ, CHIRCO, CORTESE, DANDO,
GREGORY, LeZOTTE, REED, WILLIAMS, YEAGER;
GONZALES
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
RON G &LES-
Mayor
ATTE T:
LEE PRICE, CMC
City Clerk
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