00-069 Workforce DevelopmentJoint Exercise of Po~~vers Agreement;
Workforce Development Services
This AGREEMENT, dated July 1, 2000 by and between the cities of
Cupertino, Los Altos, Milpitas, Mountain View, Palo Alto, Santa Clara
and Sunnyvale ("Cities" herein), municipal corporations of the State of
California,
WITNESSETH:
WHEREAS, the cities of Cupertino, Los Altos, Mountain View, Palo
Alto, Santa Clara and Sunnyvale have been in a Joint Powers
Agreement since 1983 to offer employment training services provided
through the Job Training and Partnership Act (JTPA) throughout the
North Valley (NOVA) Job Training Con;~ortium; and
WHEREAS, the federal Workforce Investment Act of 1998 (Public Law
105-220), 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 amulti-jurisdictional area for ~~verseeing, planning, developing
and monitoring a comprehensive one-stop service-delivery system
which will provide job training and employment opportunities with
universal access for customers seeking to further their careers
including (but not limited to) economic:ally disadvantaged, unemployed,
and other underemployed workers; anti
WHEREAS, Section 6502, et. seq. of the Government Code of the State
of California authorizes public agencies to enter into agreements for
the purpose of jointly exercising any power common to the public
agencies; and
WHEREAS, public agencies have inh~°rent power to act for the benefit
of the health and general welfare of their residents; and
WHEREAS, each City is committed to improving access to lifelong
learning for our region's workers, and. improving businesses' access to
a qualified labor force;
WHEREAS, it will mutually benefit the Cities to enter into a joint
powers agreement whereby the Citi~°s may avail themselves of the
benefits and advantages of the WIA for the residents and businesses
within their respective jurisdictional areas; and
WHEREAS, the City of Milpitas leas petitioned the Governor of
California and the NOVA Consortium ~~ities to join the consortium.
Joint Powers Agreement
NOVA Consortium
July 1, 2000
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
(1) Joint Powers Agency.
The City of Sunnyvale is hereby designated as the North Valley
Workforce Development Agency, referred to herein as the Joint Powers
Agency, the jurisdiction of which for ~~urposes of this Agreement shall
be the Cities of Cupertino, Los Altos, Milpitas, Mountain View, Palo
Alto, Santa Clara, and Sunnyvale. Each of the foregoing Cities hereby
delegates its authority to carry out the purpose of this Joint Powers
Agreement to the Joint Powers Agency.
(2) Purpose-Joint Powers Agency.
The Joint Powers Agency is designate~~ for the purpose of carrying out
job training and employment progr~ims, within aone-stop service-
delivery system, with universal access for customers seeking to further
their careers including (but not limited to) economically disadvantaged,
unemployed and underemployed persons within its jurisdiction,
according to plans pursuant to the ~JVorkforce Investment Act (WIA),
Personal Responsibility and Work Opportunity Reconciliation Act,
California Work Opportunity and Re;~ponsibility to Kids (Ca1WORKS)
and other workforce development legislation.
(3) Authority-Joint Powers Agency.
The Joint Powers Agency is hereby aLithorized, in its own name, to do
all acts necessary for the exercise of its authority to accomplish the
purpose as set forth herein include, blzt not limited to, any or all of the
following:
(a) Establish a local Workforce Investment Board (WIB) to fulfill
the responsibilities delineated iii WIA;
(b) Enter into subgrants, contracts and other necessary
agreements;
(c) Receive and expend funds;
(d) Employ personnel;
(e) Organize and train staff personnel;
(f) Prepare a comprehensive five-year plan for one-stop service-
delivery system;
2
Joint Powers Agreement
NOVA Consortium
July 1, 2000
(g) Develop procedures for governance, planning, operation,
assessment and fiscal management of the one-stop service-
delivery system;
(h) Evaluate program performance based on measurable outcomes
and customer satisfaction and determine resulting needs and
reallocation of resources;
(i) Execute and/or modify grant ,agreements with the U.S.
Department of Labor, the State ref California, the County of Santa
Clara and other interested inve:~tors;
(j) Prepare an annual budget an~i cost allocation plan.
Pursuant to the WIA, the Joint Powers Agency shall conduct studies
and make analysis of the needs for training and employment programs
among the Cities; shall establish and coordinate training and
employment programs within the Region; and shall undertake any
other act or acts that may be requir~:d to accomplish the purposes of
this joint exercise of powers agreement and the WIA.
(4) Distribution of Job Training Services.
The Joint Powers Agency shall distY•ibute job training opportunities,
business services and all other services delivered hereunder among
the Cities on an equitable basis, in r~:asonable proportion to the needs
and markets for such services, as determined by current census,
unemployment and other objective: data. All other management
functions performed, hereunder, exc~°pt individual reports to Cities of
Agency activities, shall be on a regional basis, without partiality or
regard for political boundaries among the Cities.
(5) Term of Agreement.
This Agreement shall become effective as of the date of its approval by
a majority of the legislative bodies oi' the Cities, and shall continue in
full force and effect until terminated by all of the parties to this
Agreement. Any City may terminate its participation in the Agreement
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 all ether Cities. This Agreement may
be terminated at any time by mutual agreement of all parties hereto.
3
Joint Powers Agreement
NOVA Consortium
July 1, 2000
(6) Governing Board.
The Joint Powers Agency shall be ;administered solely by the City
Council of the City of Sunnyvale, which shall function as its Governing
Board.
(7) Meetings and deliberations of ttie Governing Board.
All official acts of the Governing Bo~~rd shall be taken during public
meetings, the date, place, and time of which have been published in
the manner applicable to meetings of public bodies. All official actions
on behalf of the Joint Powers Agency shall be taken by and designated
in the official minutes of the Sunnyv~~le City Council. All of the rules
and regulations governing meetings to be held by the City Council of
the City of Sunnyvale are hereby ado~~ted as the rules and regulations
governing meetings of the Joint Power; Agency Governing Board.
(8) Officers and Employees.
The Governing Board shall have the: responsibility and authority to
designate current or additional re€;ular employees of the City of
Sunnyvale as administrative, managerial and staff personnel of the
Joint Powers Agency. Such personnel shall remain employees of the
City of Sunnyvale, subject to all of the terms and conditions of
employment otherwise applicable i:o Sunnyvale employees. The
Governing Board is further authorized to hire temporary employees and
consultants, and to provide such oth~°r facilities, supplies, equipment,
office space and customary administr~~tive resources, as are reasonably
necessary to performance of the activ~,ties 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 f~ regulations, private foundations
and other investors.
(9) Statement of Conditions and Criteria.
The parties hereto make the following statements and certify as follows:
(a) The respective addresses of the parties are as follows:
City of Cupertino
Office of the City Manager
10300 Torre Avenue
Cupertino, California 95014
City of Los Altos
Office of the City Manager
1 North San Antonio Road
Los Altos, California 94022
4
Joint Powers Agreement
NOVA Consortium
July 1, 2000
City of Milpitas
Office of the City Manager
455 East Calaveras Blvd.
Milpitas, California 95035
City of Mountain View
Office of the City Manager
P.O. Box 7540
Mountain View, California 94039-7540
City of Palo Alto
Office of the City Manager
P.O. Box 10250
Palo Alto, California 94303
City of Santa Clara
Office of the City Manager
1500 Warburton Avenue
Santa Clara, California 95050
City of Sunnyvale
Office of the City Manager
P.O. Box 3707
Sunnyvale, California 94088-3707
(b) The geographical area to be :served by the Joint Powers Agency
shall be all that area within the geographical boundaries of the
parties hereto.
(c) The total population within the jurisdictional areas hereto
combined is estimated to be 510,000.
(d) The parties, by their signatures to this Agreement and seals
affixed hereto, certify that all parties are authorized pursuant to
law to provide the services for which this Agreement is entered
into in all of the geographical area within the jurisdiction of the
parties.
(e) Attached and incorporated b3T this reference is a written
statement of the chief legal officers of each City, setting forth
therein the authority of the parties to enter into this Joint
Powers Agreement.
5
Joint Powers Agreement
NOVA Consortium
July 1, 2000
(f) The parties, by their signatures and seals to this agreement
affixed, certify that to the extent consistent with state law and
local ordinances, they accept re;~ponsibility for the operation of
the programs initiated and continued pursuant to this
Agreement.
(10) Liability.
(a) The City of Sunnyvale, and those persons, agencies and
instrumentalities used by it to X,erform the functions authorized
herein, shall be exclusively liable for damages to any person
arising from activities of the Joint Powers Agency.
(b) The City of Sunnyvale shall Y~old harmless and indemnify
cities, and each of them, including their officers and employees,
from any claim or liability arising from acts or omissions of the
City of Sunnyvale in the admini:~tration of this Agreement, and in
so doing, shall provide cities, an,d each of them, with legal defense
of any and all claims or liabilities and shall pay reasonable
attorney's fees and costs incurrf;d in providing such defense.
(11) Reports.
The Joint Powers Agency shall, at Cities' request, provide written
reports of the finances, activities and business affairs of the Agency to
the Cities.
(12) Breach.
If default shall be made by any party .hereto, in any covenant contained
in this Agreement, such default shall not excuse the party from
fulfilling its obligations under this Agreement. The parties declare that
this Agreement is entered into for the benefit of the Joint Powers
Agency and hereby grant to the Agency the right to enforce, by whatever
lawful means the Agency deems appropriate, all of the obligations of
each of the parties hereunder. Each and all of the remedies given to
the Agency hereunder or by law now or hereafter enacted are
cumulative and the exercise of one right or remedy shall not impair the
right of the Agency to any or all other remedies.
(13) Severability.
Should any part, term, or provision of this Agreement 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 :;hall not be effected thereby.
6
Joint Powers Agreement
NOVA Consortium
July 1, 2000
WHEREFORE, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized.
CITY FFICE
Cupertino ~
John Statton, Mayor
Los Altos
• John Moss, Maygr~
Milpitas
Mountain View
ATTEST
Kimberly S ith, City Clerk
Carol Scharz, City Clerk
C. Manay , , PJiayor Gail Blalock, City Clerk
Rosemary Stasek, Mayor
Palo Alto ~~----
' 1 iss, Mayor
Santa Clara
Judy Nadler, Mayor
Sunnyvale ~.c~~ ~~
Patricia Vorreiter, Mayor
Angelita M. Salvador, City Clerk
i
Donna Rogers, Clerk
Judy Boccignone, City Clerk
L' da Kell , D uty City Clerk
7
Joint Powers Agreement
NOVA Consortium
July 1, 2000
STATEMENT OF OPINION; LEGAL AUTHORITY TO ENTER INTO
JOINT EXERCISE OF POWERS A(xREEMENT FOR WORKFORCE
DEVELOPMENT SERVICES
I, the undersigned chief legal officer of the City identified below
opposite my own name, am an attorney licensed to practice before the
Supreme Court of the. State of California. It is my opinion that the City
which I represent is fully authorized by the laws of the State of
California to enter into that certain agreement entitled "Joint Exercise
of Powers Agreement; Workforce Development Services" dated July 1,
2000, and to participate in the governmental actions described therein.
CITY CITY ATTORNE~i DATE
Cupertino
arles Ki lia~i
Los Altos
Robert K. Booth, Jr.
Milpitas ~ ~
Steven T. att:as
Mountain View
Micha D. ~rtello
~~____-
Palo Alto ~~~ ~
ri Pierre C~~lonne
Santa Clara
Michael R. Do~~vney
Sunnyvale ~ ~' ~ ~
Valerie J. A mento
8
RESOLUTIONf NO. 00-174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CUPERTINO AUTHORIZING EXECUTION OF A JOINT
EXERCISE OF POWERS AGREErvIENT FOR WORKFORCE
DEVELOPMENT SERVICES PURSLfANT TO THE WORKFORCE
INVESTMENT ACT ~~F 1998
WHEREAS, the cities of Cupertino, L~~s Altos, Mountain View, Palo Alto, Santa
Clara and Sunnyvale have been in a Joint Powers Agreement since 1983 to offer
employment training services provided through the Job Training and Partnership Act
throughout the North Valley (NOVA) Job Training Consortium; and
WHEREAS, the federal Workforce Investment Act (WIA) of 1998, as amended, provides
financial assistance enabling local govenunem:s 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 amulti-
jurisdictional area for overseeing, planning, developing and monitoring a comprehensive
one-stop service-delivery system that will pro~~ide job training and employment
opportunities with universal access for customers seeking to further their careers
including economically disadvantaged, unemployed, and other underemployed workers;
and
WHEREAS, it will mutually benefit the Cities to enter into a joint powers
agreement whereby the Cities may avail them;~elves of the benefits and advantages of the
WIA for the residents and businesses within their respective jurisdictional areas.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioneci agreement and authorizes the Mayor and
the City Clerk to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 19"' day of June, 2000, by the following vote:
Vote Members of the City Council
AYES: Burnett, Chang, James, Lowenthal, Statton
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPRO`~ED:
/s/Kimberly Smith /s/John Statton
City Clerk Mayor, (:ity of Cupertino
City of Palo Alto
Office of the City Attorney
July 19, 2000
Via Facsimile: (408)730-7468
Valerie J. Armento
City Attorney
City of Sunnyvale
City Hall
P.O. Box 3707
Sunnyvale, CA 94088-3707
~~ia Facsimile: (408) 249-7846
N.:ichael R. Downey
City Attorney
City of Santa Clara
City Hall
1500 Warburton Avenue
Tanta Clara, CA 95050
Via Facsimile: (408) 777-3401 Via Facsimile: (650) 967-4215
Charles Killian
City Attorney
City of Cupertino
10320 South DeAnza Boulevard,
Suite 1D
Cupertino, CA 95014
N.:ichael D. Martello
City Attorney
City of Mountain View
P.O. Box 7540
N:ountain View, CA 94039-7540
Via Facsimile: (650) 967-1395
Robert K. Booth, Jr.
City Attorney
City of Los Altos
P.O. Box 279
Mountain View, CA 94042
RE: Joint Exercise of 1?owers Agreement Employment and
Training Services
Dear Colleagues:
Upon my review of thE~ proposed Joint Exercise of
Powers Agreement for Workforce Development Services, I
discovered that the 1983 Joint Exercise of Powers Agreement
remains in full force and effect until terminated by all of the
000719sd1 0052535
P.O. Box 10250
Palo Alto, CA 94303
650.329.2171
650.329.2646 fax
July 19, 2000
Page 2
RE: Joint Exercise of Powers Agreement Employment and
Training Services
parties to the agreement (paragra;~h 5). Valerie Armento and I
agreed that I would prepare and circulate the enclosed
termination agreement. The termination agreement should be
effective as soon as possible.
Let me know if you have any concerns with terminating
the 1983 agreement. If I don'1~ hear from anyone, I will
circulate the termination agreement with the new agreement so
that both can be signed at the samE: time.
Sincer,~/ly
A~EL PIERRE CALd1~NE
City Attorney
APC:sdl
Enclosure
cc: City Manager,
City Manager,
City Manager,
City Manager,
City Manager,
City Manager,
Sunnyvale
Cupertino
Santa Clara
Mountain View
Los Altos
Palo Alto
000719sd10052535
TERMINATION OF JOINT EXERCISE OF POWERS AGREEMENT;
EMPLOYMENT AND TRAINING SERVICES
THIS AGREEMENT, dated by
and between the cities of Sunnyvale, Cupertino, Mountain
View, Los Altos, Santa Clara, and Palo Alto ("Cities"
herein), municipal corporations of the State of California,
W I T N E S S E T H:
WHEREAS, each City named above entered into Joint
Exercise of Powers Agreement; Employment and Training
Services dated March 10, 1983, a copy of which is attached
hereto as Exhibit "A"; and
WHEREAS, each city named
terminate the Joint Exercise of
Employment and Training Services dated
enter into a new Joint Exercise of
Workforce Agreement with eacri other
Milpitas effective July 1, 2000;
FOLLOWS:
above wishes to
Powers Agreement;
March 10, 1983 and
Powers Agreement;
and the City of
NOW, THEREFORE, THE PARTIES HERETO AGREE AS
The Joint ExercisE~ of Powers Agreement;
Employment and Training Services Agreement dated March 10,
1983 is hereby terminated effective
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