Committee Agenda Date [February 16,2005

County of Santa Clara
Office of the County Executive

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Intergovernmental Relations
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CSFC-CE04 021605
DATE:

Febmary 16, 2005

TO:

Supervisor James T. Beall, Jr., Chaiiperson
Supervisor Don Gage, Vice-Chairperson
Children, Seniors & Families Committee

FROM;
Jane Decker

Deputy County Executive
SUBJECT:

MOU with Silicon Valley Workforce Investment Board

RECOMMENDED ACTION

Approve Memorandum of Understanding(MOU)with the Silicon Valley Workforce
Investment Network(SVWIN)to enable them to provide workforce development services to
CalWORKS clients and foster youth as well as residents of the unincorporated area of Santa
Clara County. Forward to Board of Supervisors with favorable recommendation.

FTSCAE IMPLICATIONS

There is no impact on the General Fund as a result of this action.
REASONS FOR RECOMMENDATION

Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, Jlt^i Beall, Liz Kniss
Count/ Executive: Peter Kutras Jr.
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Committee Agenda Date February 16, 2005

The MOU will authorize the SVWIN to provide workforce training and development services
to the adult and youth residents of the unincorporated area of Santa Clara County as well as to
the clients of the Social Services Agency, including CalWORKS clients. The SVWfN has
been providing services since the City of San Jose began implementing the Workforce
Investment Act in 2000. The MOU is intended to provide a more formal relationship between
the SVWIN and the jurisdictions that the SVWESl serves. County staff added language to the
MOU (Sec. 2) to emphasize the need to establish additional programs for CalWORKS

participants as well as to develop strategies to address the needs of teens in the Foster Care
system. The services described in the MOU will be evaluated annually by the County for
purposes of extending the MOU.

The County has two seats on the SVWIN board currently. One is a mandated CalWORKS
Seat. The MOU provides for one additional County representative on the board.
BACKGROUND

In 1998, the federal Workforce Investment Act(WIA)was signed into law. It replaced the Job

Training Partnership Act(JTPA)and consolidated 60 federal job training and education
programs into three block grants. JTPA targeted economically disadvantaged adults. WIA is
based on universal access and is open to all adults. Youth programs are also required.
However, priority for intensive services must be given to recipients of public assistance and
other low income individuals.

JTPA was administered at the local level by Private Industry Counciles (PICs) in partnership
with elected officials. In Santa Clara County, there were two PICS. The County implemented
one

PIC covering most of the County which was staffed by the Social Services Agency. The

NOVA PIC, a consortium of North County cities, was staffed by the City of Sunnyvale. One

significant provision in the law allows for jurisdictions with a population of 500,000 or more
to automatically become a Workforce Investment Area. In spite of repeated entreaties from
the Board of Supervisors to jointly administer a workforce area, the City of San Jose decided
they wanted sole authority over a workforce area but agreed to include the unincorporated
area as well as the jurisdietions formerly governed by the County's PIC. At the time, there
were significant disucssions between County and City of San Jose staff which resulted in an
MOU between the jurisdictions covering the transition issues.

Unlike NOVA,the SVWIN has never had formal agreements with the jurisdictions it serves.

Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh,Jim Beall, Liz Kniss
County Executive: Peter Kutras Jr.
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Committee Agenda Date February 16, 2005

The MOU as originally approved by the SVWIN Board did not include language specifically
addressing CalWORKS clients and foster youth. SVWIN staff indicated that they were
comfortable with the language changes and are prepared to work with County staff to
determine the programmatic and financial feasibility of providing CalWORKS and foster
youth programs.
STEPS FOLLOWING APPROVAL

After approval by CSFC,the MOU will be agendized for Board action.
ATTACHMENTS
• WIA MOU

Board of Supervisors: Donald F. Gage, Blanca Alvarado, Pete McHugh, Jim Beall, Liz Kniss
County Executive; Peter Kutras Jr.
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MEMORANDUM OF UNDERSTANDING

REGARDING WORKFORCE INVESTMENT ACT SERVICES

This Memorandum of Understanding (“MOU”) regarding Workforce Investment Act
Services, is dated
2005 by and between the City of San Jose {‘‘City’’) as
administrator of the San Jose Silicon Valiey Workforce Investment Board and the
County of Santa Clara (“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 (CalWORKS) and other
workforce development legislation.

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SECTION 2. San Jose Silicon Valiev Workforce Investment Board.

The Local Agency hereby authorizes 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 WIA program of job preparation and training services for the
designated area.

D.

Monitor the performance of the WIA 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.

H.

Work with the Local Agency through the County’s Social Services Agency to

feasibility of implementing On the Job Training and Work Experience
opportunities for CalWORKS participants and if feasible, submit to SVWIN Board

assess

for approval.

Work with the Local Agency to assess feasibility of Implementing programs and
strategies targeted to serve the needs of teens in the Foster Care system and if
feasible, submit to SVWIN for approval.
J.

Work with the Local Agency to develop strategies and establish priorities to
target the low income population.

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 sub-grants, contracts and other necessary agreements.

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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, or other interested investors.

H.

Prepare an annual budget.

I.

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 for three years unless terminated earlier by all of the parties to
this Memorandum of Understanding. Either party may terminate its participation in the

Memorandum of Understanding by giving written notice of its intention to terminate at

notice is given, to
least six (6) months prior to the end of the fiscal year in which such
in
Section
2 will be
the other party. The WIA development services as described
evaluated by the Local Agency annually. The term of this MOU may be extended by
written amendment signed by both parties.
SECTION 5. Officers and Employees.

The City shall provide administrative, managerial and staff personnel to carry out the
personnel shall remain
purposes of this Memorandum of Understanding. and
Suchconditions
of employment
employees of the City, subject to all of the terms
further
authorized
to
hire tennporary
otherwise applicable to City employees. The City is
employees and consultants, and to provide such other facilities, supplies, equipment,
office space and customary administrative resources, as are reasonably necessary to
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performance of the activities undertaken pursuant to this Agreement. Reimbursement

for ali of the foregoing personnel and administrative cost shall be exclusively funded

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
has, nor will give the
Agency, Each party acknowledges and agrees that it neither
to
bind
or commit the other
appearance or impression of having, any legal authority
this
Memorandum
of Understanding.
party in any way except as specifically provided in
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 Local Agency:

To City:

Jeff Ruster, Executive Director
San Jose Silicon Valley Workforce
Investment Board
60 S. Market St. Ste. 470

Jane Decker, Deputy County Executive
Office of the County Executive

70 West Redding Street, 11*^ floor
San Jose, CA 95110

San Jose, CA 95113

sending notice of the new
Each party may change its address or designated agenttoby
this
Section.
address or designated agent to the other party pursuant
SECTION 9. Local Aaencv 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.

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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,

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

By.
ED MORAN

Name: Peter Jensen

Senior Deputy City Attorney

Title: Assistant to the City Manager
Date;

COUNTY OF SANTA CLARA, a political

APPROVED AS TO FORM:

subdivision of the State of California

By.

Name: Kristin Wong Baker

Name: Liz Kniss,

Title: Deputy County Counsel

Title: Chair, Board of Supervisors

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