HomeMy WebLinkAboutAgreement A-16-050 with First Amendment to JPA.pdfAgreement No. 16-050
FIRST AMENDMENT TO
JOINT EXERCISE OF POWERS AGREEMENT:
WORKFORCE INVESTMENT ACT OF 1998 DEVELOPMENT SERVICES
THIS FIRST AMENDMENT TO JOINT EXERCISE OF POWERS
AGREEMENT ("First Amendment"), dated January 26, 2016 (the "Effective Date"),
amends that certain JOINT EXERCISE OF POWERS AGREEMENT; WORKFORCE
INVESTMENT ACT OF 1998 DEVELOPMENT SERVICES dated May 19,2009 (the
"Agreement"), by and between the COUNTY OF FRESNO (the "County"), a political
subdivision of the State of California, and the CITY OF FRESNO (the "City"), a municipal
corporation of the State of California. The County and the City are sometimes collectively
referred to herein as the "Members" and singularly as a "Member."
A. WHEREAS, the Workforce Innovation and Opportunity Act of2014
("WIOA") supersedes and amends the Workforce Investment Act of 1998 ("WIA") to, among
other things, strengthen the United States workforce development system through innovation in,
and alignment and improvement of, employment, training, and education programs in the United
States, and to promote individual and national economic growth; and
B. WHEREAS, the Agreement, a copy of which is attached hereto as Exhibit
"B" and incorporated herein by this reference, must be modified to reflect amendments to the
WIA by the WIOA;and
C. WHEREAS, Section 25 of the Agreement provides that the Agreement
may be modified at any time by written amendment executed by the Members; and
D. WHEREAS, the County and the City now desire to amend the Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions herein set forth, the County and City hereby agree to amend the Agreement as
follows:
1. Amendment to Title. The title of the Agreement is deleted in its entirety
and replaced with the following:
"JOINT EXERCISE OF POWERS AGREEMENT: WORKFORCE
INNOVATION AND OPPORTUNITY ACT OF 2014 DEVELOPMENT
SERVICES"
2. Amendment to Recital. The first Recital paragraph of the Agreement is
deleted in its entirety and replaced with the following:
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"WHEREAS, the federal Workforce Innovation and Opportunity Act of
2014 (Public Law 113-128,29 U.S.C. § 3101, et seq.) (the "Act"), provides
financial assistance enabling local governments within local workforce
development areas to assume responsibilities for job training, employer services,
community services, and for other purposes, and provides that, when a local area
includes more than one (1) unit of general local govermnent, the chief elected
officials of such units may execute an agreement that specifies the respective roles
of the individual chief elected officials for overseeing, planning, developing, and
monitoring a comprehensive delivery system; and"
3. Amendment to Agency Name. Every reference in the Agreement to
"Fresno Regional Workforce Investment Board" shall be deleted in its entirety and replaced with
"Fresno Regional Workforce Development Board," and every reference to "FRWIB" shall be
deleted in its entirety and replaced with "FRWDB."
4. Amendment to Area Identification. Every reference in the Agreement to
"Workforce Investment Area" shall be deleted in its entirety and replaced with "Workforce
Development Area," and every reference to "L WIA'' shall be deleted in its entirety and replaced
with "LWDA."
5. New Exhibit "A-1 ". Exhibit "A" to the Agreement is deleted and
replaced by new Exhibit "A-1", a copy of which is attached hereto and incorporated herein by
this reference.
6. Effect of Amendment. Except as provided in this First Amendment, all of
the terms and conditions of the Agreement shall remain in full force and effect.
7. Counterparts. This First Amendment may be executed in counterparts,
each of which when so executed shall be deemed an original, but all such counterparts together
shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the Members have caused this First Amendment to
Agreement to be executed and effective as of the date and year first hereinabove written.
"City"
CITY OF FRESNO, a municipal
corporation
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"County"
COUNTY OF FRESNO, a political
subdivision of the State of California
By: f__:::t-/J-----~ ~
Ernest Buddy Mendes, Chairman
Date: _ _.!._/_-~{);.~7....!....__-...!...-'/ L~o:..__ __
ATTEST:
BERNICE E. SEIDEL, Clerk
Board of Supervisors
Su.s.6.K\. ~ sb em By -•
Deputy
ATTEST:
APPROVED AS TO FORM:
Date: -------------------
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ATTEST:
By: See Previous Page For Attestation
Clerk
Date: --------------------
APPROVED AS TO FORM:
By: __________________ __
County Counsel
Date: --------------------
. ' -
ATTEST:
By: ---------------------Clerk
Date: --------------------
APPROVED AS TO FORM:
By: ____________________ _
City Attorney
Date: --------------------
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ATTEST:
By: ____________________ _
Clerk
Date: --------------------
APPROVED AS TO FORM:
By: ~'-~~---
c::9unty Counsel
Date: ~. 15. Zalt 0 ;