HomeMy WebLinkAbout2000-06-19 City Council (13)City of Palo Alto
City Manager’s Report
TO:HONORABLE CITY COUNCIL
2
FROM:CITY MANAGER DEPARTMENT:CITY MANAGER
CMR: 284:00
DATE:JUNE 19, 2000
SUBJECT:JOINT EXERCISE OF POWERS AGREEMENT FOR
EMPLOYMENT AND TRAINING SERVICES AND
IMPLEMENTATION OF THE WORKFORCE INVESTMENT ACT
OVIA)
REPORT IN BRIEF
In 1983, the North Valley (NOVA) Job Training Consortium and Private Industry
Council (PIC) were formed to offer employment-related programs and services in the
cities of Palo Alto, Los Altos, Mountain View, Cupertino, Sunnyvale and Santa Clara,
funded by the Job Training Partnership Act (JTPA) of 1982~
The six cities established a Joint Powers Agreement, with Sunnyvale assuming financial
liability for the program and being designated to speak for the Consortium. The
Sunnyvale City Council and the NOVA PIC selected the City of Sunnyvale to serve as
the administrative entity, staffing both the program and the PIC through its Department of
Employment Development.
In 1998, Congress passed the Workforce Investment Act (WIA). It becomes operational
in California on July 1, 2000, and replaces the JTPA legislation. If the City of Sunnyvale
and the other Consortium cities are willing to comply with the new requirements of WIA
and to renew the Joint Powers Agreement (attached) that constitutes the Consortium,
NOVA has the right to continue to receive funding throughthe Workforce Investment
Act. The City of Sunnyvale, acting as the Chief Local Elected Official (CLEO) has
agreed to again assume financial liability for the program and serve as the administrative
entity, staffing both the program and the Private Industry Council/Workforce Board
through its Department of Employment Development. The City of Sunnyvale also
authorized an application for workforce area designation to be submitted on behalf of
NOVA to the Governor.
CMR:284:00 Page 1 of 7
At the request of the City of Milpitas, this application was modified in March to include
Milpitas in the Consortium. While the Governor has not yet taken action on any of the
applications, there is every reason to believe that NOVA will be designated a workforce
investment area by the end of June 2000.
At this time, the seven cities that will compose the North Valley Job Training Consortium
are being asked to enter into a new joint powers agreement to receive funding and
provide services through the Workforce Investment Act of 1998.
CMR:284:00 Page 2 of 7
RECOMMENDATION
Staff recommends that council approve and authorize the Mayor to sign the attached
"Joint Exercise of Powers Agreement: Employment and Training Services" and staff to
collaborate with the City of Sunnyvale and the NOVA Consortium in the implementation
of the Workforce Investment Act. Also, staff recommends Council authorize the Mayor
to execute documents to terminate the prior 1983 Joint Exercise of Powers Agreement.
BACKGROUND
In 1982, the federal Job Training Partnership Act (JTPA) was passed to create nationwide
employment training services foreconomically disadvantaged youth and adults,
dislocated workers, veterans and other targeted populations experiencing barriers to
employment/re-employment. Unlike previous legislation, JTPA created a shareholder
role for the private sector through the formation of Private Industry Councils .which
provide leadership to defined service delivery areas. It also required a service delivery
area to have a population in excess of 200,000 residents.
In 1983, the six cities of Palo Alto, Los Altos, Mountain View, Cupertino, Santa Clara
and Sunnyvale entered into a Joint Powers Agreement (JPA) to form the North Valley
(NOVA) Job Training Consortium. The City of Sunnyvale agreed to be the fiscal agent
for the program, accepting financial responsibility for expenditures; the Sunnyvale City
Council was authorized to speak and act on behalf of the Consortium as the Chief Local
Elected Official; and the Department of Employment Development of the City of
Sunnyvale was commissioned to administer the grant funds and activities. In Summer
1983, the NOVA Private Industry Council (PIC) was appointed by the Sunnyvale City
Council to work as an equal partner with the consortium cities in developing the policies
and services needed by area job seekers and businesses.
NOVA operations have grown significantly in size since 1983. Starting offwith 15 to 20
staff members and an annual budget of about $2,500,000, NOVA now employs over 100
¯ individuals and annually invests over $12,000,000 in community services. NOVA has
been successful in developing an organization that is characterized by sound management
principles, including: fact-based, data-driven decision processes; continuous
improvement processes; focus on businesses, job seekers and investors as the primary
customers of the venture; customer satisfaction measurements and rewarding
improvements; and involving both PIC members and staff in task-based management
activities to produce the organization’s desired outcomes.
In the 16 years since its inception, the NOVA Consortium has been recognized as one of
the most effective partnerships in the Nation. It has consistently demonstrated exemplary
performance, registered industry-high marks in customer satisfaction, and received
numerous commendations and awards. In 1998, NOVA was singled out as the "First in
the Nation" in the quality of its business practices using the criteria of the Malcolm
CMR:284:00 Page 3 of 7
Baldrige National Quality Award. It has received national and international acclaim for
providing dynamic, customer-driven, continuously improving, innovative solutions in a
number of arenas. In FY 99/00, NOVA will serve approximately 10,000 job seekers and
1,000 businesses.
In addition to serving the six consortium cities, NOVA also provides leadership or
partnership in a number of regional initiatives such as: a countywide welfare to work
program that is anchored in Neighborhood Self-Sufficiency Centers; collaboratives to
bridge the widening "digital divide" between the technology "haves" and "have-nots"; the
Youth@Work initiative to link youth with jobs and work experience/internship
opportunities; LMI+ and-Career Ladders, which study and explain employment
opportunities in new industries and the new economy; and the school-to-career
movement to foster systemic change in the educational system that better enable students
to be competitive for the new jobs.
DISCUSSION
When President Clinton, Vice President Gore and Secretary of Labor Reich visited the
NOVA program in 1993, they stated that they were committed to work with Congress to
pass new legislation that would revamp the Nation’s workforce development system to
mirror many of the values they found at NOVA. The Workforce Investment Act (WIA),
which the President signed into law on August 7, 1998, embodies these values.. This new
law must be operational by July l, 2000.
The Workforce Investment Act provides for a great deal of flexibility at both the State
and local levels. With strong leadership, this flexibility could be used to enhancea
workforce development system that is more streamlined, comprehensive, integrated,
accountable and adaptive. Listed below are some of the new opportunities provided
through WIA:
One-Stop Career Centers: These serve as the cornerstone of the new. system,
becoming the "front door" for all workforce services (except those provided to youth
ages 14-18). These centers are also the front door for all the new partner agencies to
define and provide their unique services.
¯Universal Access: Everyone is the customer in this new system, not just selected
population groups.
Local Workforce Investment Boards (WIBs): Appointed by the Chief Local Elected
Official, WIBs become the central planning authority for all workforce investments.
The WIB will .focus on building the system and ensuring its quality, rather than
running the programs.
CMR:284:00 Page 4 of 7
Local Youth Councils: Created as a subgroup of the local board to develop and
recommend a strategy for providing services to youth. (WIA also requires nearly one-
third of all youth funds to be earmarked for out-of-school youth).
.Individual Training Accounts (ITAs): Similar to a voucher, ITAs create an
empowering, market-driven system for job seekers by providing them with a structure
to select the training they deem appropriate to meet their own unique needs.
Consumer Report Card: Promotes customer choice and provider accountability by
publishing information on the success of all training providers in producing successful
outcomes.
Eligible Provider List: Establishes a certification process for all training providers
before they are able to contract with the local board. This list will provide
performance history and customer satisfaction reports for each training provider.
Performance Goals: Established by the WIB to set local, relevant standards for job
placement, job retention, earning gains, and customer satisfaction for One-Stop
Centers.
The new Act prescribes a governance structure at both the State and local levels. States
are required to form statewide Workforce Investment Boaids. This board is established
by the Governor and responsible for developing and overseeing the State Plan.
The State will be divided .into Workforce Investment Areas designated by the Governor.
The Governor is required to approve any applications to be a Workforce Investment Area
if the area has a population over 500,000, or if the area was a service delivery area under
JTPA and met its performance requirements and has sustained fiscal integrity. In Santa
Clara County, this means that NOVA and the City of San Jose have the right to be
designated as Workforce Investment Areas.
The Chief Local Elected Official (CLEO) for each Workforce Investment Area must then
appoint a local Workforce Investment Board (WIB), which replaces the current.Private
Industry Councils. (Under the current NOVA JPA, the Sunnyvale City Council serves as
the CLEO for the consortium.) The CLEO works in partnership with the WIB to develop
local workforce plans, including the disbursement of funds, certification and oversight of
the One-Stop Center operators, funding youth programs, certification of eligible training
providers, and negotiation of local performance measures.
The Act also places responsibility for fiscal liability with the CLEO, even in cases where
a separate entity is designated as the grant recipient.
CMR:284:00 Page 5 of 7
By definition, the new WIB will be larger and more representative than the current PIC.
It still requires a majority of business representatives, along with representatives from
education, labor unions, CBOs, economic development agencies, and the required
partners in the one-stop system.
Currently, there are two applications pending with the Governor, for workforce
investment area designation within the Santa Clara County area: 1) the NOVA
Consortium, representing a seven-city North Valley Consortium (including Milpitas) and
administered by the City of Sunnyvale and 2) the City of San Jose, serving the balance of
Santa Clara County not served by the NOVA Consortium and administered by the City of
San Jose. The NOVA Consortium has the right to continue as a Workforce Investment
Area under WIA because it has functioned as a PIC, has over 200,000 residents and has
demonstrated quality performance. The NOVA Consortium and the City of San Jose
each intends to establish their own workforce boards as governing bodies over their
respective workforce investment areas.
Last March, Milpitas approached the City of Sunnyvale and asked to be included in the
NOVA Consortium. As a result, the NOVA Consortium application to the Governor was
modified to include Milpitas, making the Consortium a seven-city consortium. There are
many advantages to adding Milpitas to the Consortium. Milpitas will-add 63,000 more
residents to the Consortium, bringing NOVA’s population to well over 500,000,.
qualifying it for funding opportunities not previously .available. Much of the new
industry in Milpitas grew out of businesses located in the NOVA cities, and existing
freeways and interchanges make NOVA services easily accessible to Milpitas residents.
With a more formalized partnership established between the NOVA Consortium and
Milpitas, NOVA will also have an opportunity to better serve Milpitas residents,
especially in the area of youth services. Finally, Milpitas has proposed to request
additional staff resources during its budget process, with a focus on economic
development efforts, further enhancing NOVA’s ability to augment business services in
the region and.Milpitas’ ability to capitalize on NOVA’s resources and expertise.
Joint Powers Agreement:
To complete the application process to be designated a workforce investment area, the
seven Consortium cities will need to enter into a new Joint Powers Agreement; the City
of Sunnyvale needs to renew its commitment to have the Sunnyvale City Council serve as
the CLEO and fiscal agent (completed); and the City of Sunnyvale needs to agree to
serve as the administrative entity for WIA-related activities provided within the seven-
city consortium (completed).
The current Joint Powers Agreement will be expiring December 30, 2000; the new Joint
Powers Agreement takes effect July 1, 2000. The new Joint Powers Agreement that is
being proposed is based on prior agreements under JTPA, with modifications to respond
CMR:284:00 Page 6 of 7
to the Workforce Investment Act. The Joint Powers Agreement outlines the requirements
under the Workforce Investment Act and related statutes that will guide overall business
¯ operations. The Agreement describes the relative roles, responsibilities and expectations
among the Consortium cities and between the Joint Powers Agency (administrative
entity), the Consortium cities and the Governing Board. Each of the seven cities is being
asked to review, approve and sign this new Joint Powers Agreement.
ALTERNATIVES TO RECOMMENDATION
Federal law requires that all communities/jurisdictions join a workforce investment area.
If the City chooses not to join the NOVA Consortium, then it will, by default, become
part of the City of San Jose Workforce Investment Area, which serves the balance of
Santa Clara County, not served by the NOVA Consortium.
RESOURCE IMPACT
Si.nce the City of Sunnyvale City Council will serve as the Chief Local Elected Official
(CLEO) and administrative entity for the consortium, the City of Sunnyvale will assume
the financial risk for the NOVA Consortium. Therefore, there is no fiscal impact to the
consortium cities other than the City of Sunnyvale.
POLICY IMPLICATIONS
Participation in the NOVA Consortium as a member city will allow Palo Alto businesses
and individuals to participate in NOVA services. As a member City, Palo Alto will
provide input and direction to the delivery of services in the seven cities who are
members of the Consortium.
ATTACHMENTS
Attachment A: Joint Exercise of Powers Agreement; Workforce Development Services
Attachment B: Joint Exercise of Powers Agreement; Employment and Training Services,
dated March 10, 1983
PREPARED BY: Susan Arpan, Mgr. of Economic Resources Planning
CITY MANAGER APPROVA ,
Emily Harrison, Assistant City Mana-’-~ger:
CMR:284:00 Page 7 of 7
Attachment A
Joint Exercise of Powers 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,
W I T N E S S E.T H:
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 Consortium; and
WHEREAS, the federal Workforce Investment Act of 1998 (Public Law
105-220), as amended ("WlA"), 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
which will provide job training and employment opportunities with
universal access for customers seeking to further their careers
including (but not’ limited to) economically disadvantaged, unemployed,
¯ and other undei’employed 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 City is ~ommitted 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
powersagreement whereby the Cities 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 has petitioned the Governor of
California and the NOVA Consortium cities to join the consortium.
Joint Powers Agreement
NOVA Consortium
July 1, 2000
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
(i) Joint Powers Agency.
The City of Sunnyvale is hereby designated as the North Valley
Workforce Dev.elopment 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. 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 designated for the-purpose of carrying out
job training and employment programs, within a one-stop service-
delivery system, with universal access for customers seeking to furtlier
their careers including (but not limited to) economically disadvantaged,
Unemployed and underemployed persons within its jurisdiction,
according to p!ans pursuant to the Workforce Investment Act (WIA),
Personal Responsibility arid Work Opportunity Reconciliation Act,
California .Work Opportunity and Responsibility to Kids (CalWORKS)
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 include, but not limited to, any or all of the
following: ~
(a) Establish a local Workforce Investment Board (WIB) to. fulfill
the responsibilities delineated in 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 of California, the. County of Santa
Clara and other interested investors;
(j) Prepare an annual budget and 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 required 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 distribute jo’b training opportunities,
business services and all other services delivered hereunder among
the Cities 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 Cities of
Agency adtivities, 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 of the Cities~ and. shall, continue in
full force and effect until terminated by a11 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 other cities. This Agree.ment may
be terminated at any time by mutual agreement of all parties hereto.
¯ Joint Powers Agreement
NOVA Consortium ¯
July 1, 2000
(6) Governing Board.
The Joint Powers¯ Age.ncy shail be administered solely by the City
Council of the Citylof 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
on 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) Office’rs and Employees. ,
The Governing Board sha11’ 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 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 cost shall be 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 certif~ as follows:
(a) The respective addresses of the parties are as follows:
City of Cupertino
Office of the City Manager
10300 Torre Av.enue
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 fo 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 tobe 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 isentered
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 City, setting forth
therein the authorityof the parties to enter into this Joint
Powers.Agreement.
Joint Powers Agreement
NOVA Consortium
July 1, 2000
(I) The parties, by their signatures and seals to this agreement
affhxed, 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.
(i0) Liability.
(a) The City of Sunnyvade, 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
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 administration of this Agreement, and in
so doing, shall provide cities, 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.
(I i) Reports.
The Joint Powers Agency shall, at Cities’ request, provide written
repbrts 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, a11 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.
Joint Powers-Agreement
NOVA Consortium
July i, 200O
WHEREFORE, the parties hereto have caused this Agreement to be
executed by their respective officers duly authorized.
CITY ATTESTOFFICER
Cupertino
John Station, Mayor Kimberly Smith, City Clerk
Los Altos
John Moss, Mayor .Carol Scharz, City Clerk
Milpitas
Henry C. Manayan, Mayor Gall Blalock, City Clerk
Mountain View
Rosemary Stasek, Mayor Angelita-M. Saivador,.City Clerk
Palo Alto
Liz Kniss, Mayor Donna Rogers, City.Clerk
Santa Clara
Judy Nadler, Mayor Judy Boccignone, City Clerk
Sunnyyale
Patricia Vorreiter, Mayor Linda Kelley, Deputy City Clerk
7
Joint PoWers Agreement
NOVA Consortium.
July I, 2000
STATEMENT OF OPINION; LEGAL AUTHORITY TO
JOINT EXERCISE OF POWERS AGREEMENT FOR
DEVELOPMENT SERVICES
ENTER INTO
WORKFORCE
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 i,
2000, and to participate in the governmental actions described therein.
CITY CITY ATTORNEY DATE
Cupertino
Charles Killian
Los Altos
Robert K. Booth, Jr.
Milpitas
Steven T. Mattas
Mountain View
Michael D. Martello
Palo Alto
Ariel Pierre Calonne
Santa Clara
Michael R. Downey
Sunnyvale
Valerie J. Armento
8
JLJH 07 ’88-09:IgAM NOVA PIC
Attachment B
This AGREEMENT, dated _.Hatch tO. 1983, b~ and betwean the
clt£’es of Suhnyvale, Cupert£no, Mountain View~ Los Altos, Santa
~’he S~a~e oE Cali~ocnLa,
herein), municipal or~o~i.ons o~
oE 1982,
local, governments
community
formation o~ consoc~la
("JTPA"), p~ovide~ financial a~sistan¢e enabllng
to assume ~esponslb~l~les fo~ Job ~alning,
whe~e~n omb~natlons ofcltles may uni~ ~o
the health and
,JL~ 87 ’88 O9:igAM NOVA PIC
-regional
planning and management iof such ~e:vices; and
WH2REAS, it Wi~l mutually benefit the C.~ties~..to ,ent~ into
~olnt ~e=s agreement ~he:eby the Cities,may’.~va~"th~mselves
t~e benefits ~d advantages ~ bheO~PA fo~ ~he r~side~ts w~bin
THEREFORE, TI~E PARTZES HERETO AGREE AS FOLLOWS :
Joi, nt Pow,~s ~qencY.
The Clty o~ S..unnyvale is hereby designated as the.
reee~ed to herein a~t.heJoint PowersValley’Jobs Training Ase.ncy,
Agency, the ~url.s~i.cti0n of which
~hal’l be the ~Itles of Sunnyvale,
Altos, Santa Clara., an~ ~al~ Alto.
heceby ~elega~eS
Eor pu~poses of this Ag~eem~nb
Cupe~tlno, Mountain VIs~, Los
Each of the fo~egoIng Cities
its aUthoritY to carry out the purpose oZ this 3oint
Powers Agreement to the,Jolnu Powers, Agency.
(2) ~U~pose-vgo~n~ Powers
The J6int Powers Agenc~ is ~esignate~ ~or the ~u~ose
-carrying out ~ob b~alnlng an~ e~lolnnent programs ~or economlcelly
dlSadva, ntage~,, unemployed an~ un~e~emplo~e~ persons within its
’Jurisa~ctton, and tO p~ovide, comprehensive manpower services
plans pursuant to the JTPA.
(3) .Autho~!~7--Jo~nt powers
The Joint Powers Agency
A~en~y..’
!s he~eb~ authorl~e~, i.n its own
the exercise of~ its autho:ity toname, bo ~o ell acts nec,’essa:~ for
accomplish the purpose e~ set f~o~th,hereln including, but.not limited
tO, any or all o~ the followln,g: .
P,4
~’esmerl t:s;
Ent~" ~,nto subcjt.~nbs~contracts and
Receive and expend ~Un~S;"
() £mplo¥ ~e=sonnel;,.
(e)annual cmmp=ehensive manpower programs as
assessment and E£scal managemen~ of ~rainLng. ’
programs;,.
(g)Evaluate p~ogra~ pe~Eorma.Ue an~. Ce’te~ml.e resul~£ng
needs ~o ~eallocate"~esou~ces~
(h)Execute a6d/6~ modify grant agreemen~s with ~he U.$.
(1) ~:opere an annual, budget.
Pursuant to ~he ~T~A ’~he ’Jo~n~ ~owers Agency .shaZZ co~d~c~
s~udies and make ~nalys~e oE, the nee, de £o~ tra~nl-ng and employment
p~ograms among ~he Ci~les; shall esbabllsh "and coordinate t~aining.
and employmen~ programs w~thi~ the Ci~lesl and.shall uneere’take any
other ac~ o= acts that may be required ~o acommpl£sh the
o~ ~hLs. ~o£nt exercise o~ powers agreement and the JTPAo
{4). ~strLbut~D,.of Jobs
’ The Joint Powets ;~gency shall distribute ~obst~alnlng
o~9ortunities; bqne£1t~ed pe=sons, and all othec se~vlces delivered
’.he~eunde~ amongI’: """:C l!es on ..equitable basiS, in ..~easonable.the it an
¯p~oportiOn to’the needs and-markets ~o~ such services,, as dete~mlned..
’ by curreht’census, unemployment and o~he~ obJectiveda~a. A~I other
EXHIBIT G |¯
JUH 87 ’88 09:20AH NOVA PIC P.5
,continue in ~ull .~o=ce a~d eEEec~ until te+mineted by al.1 o~ the
,pa~ties to.~his ag=ee’men~.. Any City may ~ezmina~e its pa~l.~ipat!on
in’ the ~g=eement as o~ the end o~ any fiscal yea: .by giving
n~Ice’o~ i~s’ intention t~ te=mlnate at least six .~6) m.onths
the en.~ o~ the ~Isoal ~ma~ in ~hich such notice is given, ~o
othm~ Ci~ims. This Agrmemen~ ma~ be ~e~mina~e8 a~ any time b~
agreement of all pa~ties hereto.
(6) G.o~ve~’ni nq Boa~.
The Joint powers. Agency
the City gouncil =f the Ci~> oE Sunnyvale,
adminis~e=ed solely by
which shall Eun~tionas
(7) "bieetl~Rs and_delibe+mtions o,~ the Gove=nin,9 Boacd--
I"All o~ficial ac~s o~ the Govm~n.ing Board shall tsken
Council. All o~ those ~ules
be held by the City Council
du=ingpubllc meetings, the dace, 91ace, and tIme of which have been
published .in the manner appl~cable .to meetings of public bodies.
Agendas oE the Sunnyvale City Council shall designate those items ~o
be. considered ’by i~ in its capacl~y as the Joint Powers A~ency
Gove~ing. Boarg. All of£icLal Joint Powers Agency .actions similarly
shall be designated in the o~f./clal M~nu~es-of. ~he Sunnyvale Ci~y
and..=egulm~ions
o,~= the CLty oE
EXH4~B IT G
~ove~ning
Sunnyvale
~UM 07 ~0~ ’09:20AM HOVh PIC
" (8)of~ce~p an~ Employees.
The Governing BOard s~all h~ve
th~ Ci~ o~ ~.~nn~vsle ~es a~mlni~tlve, mana~e~ia~
:
~n no even~ shall any such empl0yee beao~e entitled ~o additiona%.
co~pensation by virtue ~g hisihe~ ~utle~ on, beh’a~ oe ~h~ ~o~n~
Pow~s~Agency, The C~verning Boar8 Is "Eu=the= authorized ~o
temporary emp%o~ees and~ consultants,, and
~acili~les, supplieS, equipment~ o~l~e space an~ Customary
a~minls,~at~ve ~esources~ as a=e reasonablM necessa:~ to peEEormance
federal laws and r~gulations.
Those responsible o}ficials gesl~nate~ by the Cove~nSng Board
ac~ ~ot and on behalf o~ ~he Joint powers Agen¢~ are.hereb~
a~tho~Ized to take all s~oh actions pettainlng to E~nan~e, ~ecord-
ke~p~ng, auditing and othe~ ma~ters as may be necessarY, consisten~
applicable
EXHIBIT
regulations.
JU~ 87 ’00 09:20AM MOVA PIC P.7
,(a) ~he ces~ctive
City :of sun.nyvaIe
Office of the City Manager
P. O. Box 60607
Sunnyvale, CeliEornia 94085
P. 0. Box
(b)
()
(~)
cLty o£ Moun~aln View
Office o~ .the City Manager
540 Castro S~ree~Moun~aln view, Cal~eo~nla 9404.1
ci~y of Los A1~os
O~Lce of the Ci~y Manage=
1 North San An~onlo Road
Los Altos, Cal.IEgrnla 94022
City ’of Palo Alto
Of£1¢e of’ .the City Manager
P. O. Box 10250
Palo Alto, C~llfo~n~.a ~4303
The geog~a~hlcal a~ea to be sezved by the Joint Powers-
Agency shell beell tha~ area w/~hln the geographical
boundaries of th~ pa~tles hereto.
The total populatlon’wi~h£n ~he ~urls~Ic~ional areas
hereto combine~ Is. 3~8,028.
The patties hereto, an~ b~ ~heir S/gnatu.~es to ~his
ag~eemen~ en~ sea~s ae~txe~ hece~o, ce~Y ~ha~ all
EX~8 IT G
./
09:20P~I NOVA PI6 P.S
of the ~tles., ’ ", .’ ,," .,¯,, ~;~¯:
Attached~he~:eto and inco~:porated byt’hls ~e~e~en~e
~s a w~l~en s~atemen~ o~ the chief legal ,o~e~cers
Of each ~y, setting.forth there~n the authority of
the pa~t~es ~o ente~ ~nto th~s Joint Powe~’~ Ap~eement~
The parties he.~eto and by thei~ signatures a~d seals°
to t~Is a~ceemen~.a~fixed, certlfy’~h~ to ~he exten~
ons~s~ehtwl~h state law and local ordinances, ~hey
p~ogCams initiated and contlnua~ ’pursuant. ~o this
agreement,
(~0) Lia, bility.
,
(a) The Clt¥’o/~ Sunnyvale, end those. ~e~sons, ~g~nc~.es
and ~nstrumen~allties used’ by i~ ~o pe~o:m ~he functions authorize8
herein, shall be exclusively liable for damages
f~om ac¢lv’~les oE the Jo~n~ Po~e~s.Agency.
any person arising
(b) The City of Sunhyvale shall hold harmless and
indemnify ci~ies,.and each o~ them, .including ~heic o~fice=~ and
employees.i ~rom any claim or liability arisin~ e=om acts o=. omissions
the’ City o~ Sunnyvale’ln the administration oE thi~ agceemen~,
defense of any and a~ claims o~ liabilities and shall pay reasonable.
a~orney’s, fees and osts incurred in providing such defense.
JUH 87 ’00 09:2iAM NOVA PIC ¯P.9
9
The #oin~ Powers Agency annually, and orb’e= bimes et Cities’
~£ default shall be made by any pa~t¥ hereto,in any
covenant ontained in ~biS agreement, such default sha~.~o~ excuse
said pa~t¥ £~om ~ull~lllin’g its obliga.~ions.un~e~ this agreement.
T~e pa~tie~ hereto declare, that this a;~ee~en~ is ~nee:ed into
~he bene’~lt of .the 3cin~ Powers ~gency and hereby g~an~ to sa~d
~genc¥ the righ~ ~o en~o;ce, by whateve~ lawful means ~he Rgency
deems appropriate, all o~ the obligations o~ each of ~he paddles
hereunder. Each and all.of the =e~edies given ~o ~heAge~cy he£eunde~
or by law now or hereafter enacted,are cumulative and the exercise
of one right or remedy shall not impair’ the right oE the agency to any
or a~’1 o~:her remedies,
(13)..severabill~Y.
Should any 9a~t, ~e~m,, o£ provision of this agreement be
8eclded by the ¢ou~ts ~o be illegal or In confli¢~ wi~h any law of
~he S~ate of CallfoEnia ~ otherwise be rendere~ unenforceable O~
~ne~fec~ual, the validity of the rema~nlng poEtions or provisions
shall no~. :.bb e~i~ect:ec~ thereby.
EXHIBIT
8
JU~ 87 ~08 09:21AM NOVA PIC l P.10
EXHIBIT
9
JUN 87 ’80 89-’21PJI NOVA PI~Pill
STaTEMEnT O~ OPINXON; LEGAL AOTSORZT~ TO ’ENTER ~NTO ~O~NT EXERCISE
OF POWERS AGREEMENt: FOR EMPLO2~ENT AND TRA~NT-NG SERVI(~S
governmental actions
DATE
,, I
SANTA .CLARA ~+, ,
MOUNTAXN VIEW
LOS ALTOS
March I, 1983
EXHIBIT G
10