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15-067 Joint Exercise of Powers Agreement Workforce Development Services (NOVA) Joint Exercise of Powers Agreement; Workforce Development Services This AGREEMENT, dated July 1, 2015, by and between the cities of Cupertino, Los Altos, •Milpitas, Mountain View, Palo Alto, Santa Clara, and Sunnyvale, municipal corporations of the. State of California, and the County of San Mateo (hereinafter "Jurisdictions"), WITNESSETH: WHEREAS, the cities of Cupertino,.Los Altos, Mountain View, Palo Alto, Santa Clara, Milpitas and Sunnyvale have been in a Joint Powers Agreement since 2000 to offer employment training services provided through the Workforce Investment Act ("WIA") of 1998 throughout the North Valley("NOVA")Job Training Consortium; and WHEREAS, the federal Workforce Innovation and Opportunity Act of 2014 ("WIOA" - Public Law No: 113-128), as amended, .replaces the WIA and 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 governmental jurisdictions may unite to form a multi jurisdictional area for overseeing, planning, developing and monitoring a comprehensive one-stop service-delivery system which will provide job training and employment opportunities with access for customers seeking to further their careers, including (but not limited to) economically disadvantaged, unemployed, and other underemployed workers; and 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 inherent power to act for the benefit of the health and general welfare of their residents; and WHEREAS, each Jurisdiction is committed to improving access to lifelong learning for our region's workers, and improving businesses' access to a qualified labor force; and WHEREAS, it will mutually benefit the Jurisdictions to enter into a joint powers agreement whereby the Jurisdictions may avail themselves of the benefits and advantages of the WIOA for the residents and businesses within their respective jurisdictional areas; and WHEREAS,the County of San Mateo has petitioned the Governor of California and the . NOVA Consortium to join the consortium; and WHEREAS, the parties,wish to execute a new Agreement to replace the Joint Powers Agreement executed in 2000. Joint Powers Agreement NOVA Consortium July 1, 2015 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 purposes of this Agreement shall be the Cities of Cupertino, Los Altos, Milpitas, Mountain View, Palo Alto, Santa Clara, and Sunnyvale, and.the County of San Mateo. Each of the foregoing Jurisdictions 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 designated for the purpose of carrying out job training and employment programs, within a one-stop- service-delivery system, with 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 WIOA and other workforce development legislation. (3)Authority: Joint Powers Agency. The Joint Powers Agency is.hereby authorized, in its own name, to do all acts necessary for the exercise of its authority to accomplish the purpose as set forth herein, including, but not limited to,any or all-of the following: (a) Establish a local Workforce Investment Board ("WIB") to fulfill. the responsibilities delineated in the WIOA; (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 Strategic plan for the one-stop service delivery system; . (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 of California, the County of Santa Clara and other interested investors; 2 Joint Powers Agreement NOVA Consortium July 1, 2015 (j) Prepare an annual budget and cost allocation plan. Pursuant to the W10A,the Joint Powers Agency: shall conduct studies and make analysis of the needs for training and employment programs among the Jurisdictions; shall establish and coordinate training and employment programs within the defined area; and shall undertake any other act or acts that may be required to accomplish the purposes of this joint exercise of powers agreement and the WIOA. (4)Distribution of Job Training Services. The Joint Powers Agency shall distribute job training opportunities,business services and all other services delivered hereunder among the Jurisdictions on an equitable basis, in reasonable 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, except. individual reports to Jurisdictions of Agency activities, shall be on a regional basis, without partiality or regard for political boundaries among the Jurisdictions. (5) Term of Agreement. This Agreement shall become effective as of the date of its approval by a majority of the legislative bodies of the Jurisdictions, and shall continue in full force and effect until terminated by all of the parties to this Agreement. Any Jurisdiction 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 other Jurisdictions. This Agreement may be terminated at any time by mutual agreement_of all parties hereto. (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 the Governing Board. All official acts of the Governing Board 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 bn behalf of the Joint Powers Agency shall be taken by and designated in the official minutes of the Sunnyvale City Council. All of the rules and regulations governing meetings to be held by the City Council of the City of Sunnyvale are hereby adopted as the rules and regulations governing meetings of the Joint Powers Agency Governing Board. (8)Officers and Employees. The Governing Board shall have the responsibility and authority to designate current or additional regular 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 3 Joint Powers Agreement NOVA Consortium July 1,2015 applicable to Sunnyvale employees. The Governing Board 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 costs shall b.e exclusively from grants or funds appropriated by state or federal laws & 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 City of Milpitas Office of the City Manager 455 East Calaveras Blvd. Milpitas, California 95035 City of Mountain View Office of the City Manager 500 Castro Street Mountain View, California 94041 City of Palo Alto Office of the City Manager 250 Hamilton Avenue Palo Alto, California 94301 City of Santa Clara Office of the City Manager 1500 Warburton Avenue Santa Clara, California 95050 City of Sunnyvale Office of the City Manager 4 Joint Powers Agreement NOVA Consortium July 1,2015 P.O. Box 3707 Sunnyvale, California 94088-3707 County of San Mateo Office of the County Manager 555 County Center Redwood City, California 94063 (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 1,317,126. (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 by this reference is a written statement of the chief legal officers of each Jurisdiction, setting forth therein the authority of the parties to enter into this Joint Powers Agreement. (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 responsibility 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 perform 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 hold harmless and indemnify jurisdictions, 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 administration of this Agreement, and in so doing, shall provide the Jurisdictions, and each of them,with legal defense of any and all claims or liabilities and shall pay reasonable attorney's fees and costs incurred in providing such defense. (11)Reports. The Joint Powers Agency shall, at Jurisdictions' request, provide written reports of the finances, activities and business affairs of the Agency to the Jurisdictions. (12)Breach. 5 Joint Powers Agreement NOVA Consortium July 1,2015 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 shall not be effected thereby. (14)Multiple Originals; Counterparts. This Agreement may be executed in multiple originals, each of which is deemed to be an original,and may be signed in counterparts. 6 Joint Powers Agreement NOVA.Consortium July 1, 2015 THEREFORE, the parties hereto have caused this Agreement to be executed by their respective officers duly authorized. Jurisdiction OFFICER ATTEST Cupertino ( , ��� Rod G. Sinks,MayorGrace Schmidt, City Clerk Los Altos Jan Pepper,Mayor Jon Marginot, City Clerk Milpitas Jose Esteves,Mayor Mary Lavelle,City Clerk Mountain View John McAlister,Mayor Lorne Brewer,City Clerk Palo Alto Karen Holman,Mayor. Beth Minor, City Clerk Santa Clara Jamie L. Matthews,Mayor Rod Diridon,Jr., City Clerk Sunnyvale tA VAAAa— -4to—ns Griffith, Mayor Franc , City Clerk County of San Mateo Carole Groom, President Mark Church, County Clerk Board of Supervisors 7 Joint Powers Agreement NOVA Consortium July 1,2015 STATEMENT OF OPINION; LEGAL AUTHORITY TO ENTER INTO JOINT EXERCISE OF POWERS AGREEMENT FOR WORKFORCE DEVELOPMENT SERVICES I, the undersigned chief legal officer of the Jurisdiction 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, 2015, and to participate in the governmental actions described therein. JURISDICTION ATMRNEY DATE Cupertino [d arol Korade Los Altos Jolie Houston Milpitas Michael J. Ogaz Mountain View Jannie_L. Quinn Palo Alto Molly S. Stump Santa Clara Richard E.Nosky Jr. Sunnyvale A,,, a &— Joan Borger County of San Mateo John C Beiers 8