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HomeMy WebLinkAbout11965 ORD - 03/27/1974JRR:HG:hb:3 /12/74:lst AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH EACH COUNTY WITHIN TEXAS STATE PLANNING REGION NO. 20, KNOWN AS THE COASTAL BEND AREA, IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A' WHICH IS MADE A PART HEREOF WHICH CONTRACT DELINEATES THE CITY AS THE PRIME SPONSOR OF MAN- POWER PROGRAMS WITHIN SAID REGION; DESCRIBING THE OPERATION OF THE MANPOWER PROGRAMS; DESCRIBING ALLOCATION OF PROGRAM SERVICES; DELINEATING THE FUNCTION OF THE COASTAL BEND MANPOWER PLANNING COUNCIL AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and the same hereby is authorized and directed to execute a contract with the counties comprising the State Planning Region No. 20 known as the Coastal Bend Area for the provision of manpower services within said area in accordance with the terms and conditions of the contract which is attached hereto and made a part hereof the same as if written herein. SECTION 2. The necessity to enter into the aforesaid contract creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared such emergency and necessity to exist, having requested the suspension of the Charter rule and that this ordinance take effect and be in full force and effect from and after its passage, IT IS TL ACCORDINGLY SO ORDAINED this the g�l, ay of March, 1974. ATTEST: City Secretary MAYAW THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 27 DAY OR MARCH, 1974: I llw �mlln i D Zity Attorney VC 1 J 'SID CONTRACT FOR MANPOWER PROGRAM THE STATE OF r_7'Er.AS Q COUNTY OF :,I,aCES Wh=7i.S, the City of Corpus Christi, a municipal corporation, body politic a=d home rule city under the laws of the State of Texas, hereinafter called "CITY ", has obtained a grant from the United States Department of labor, Manpower Administration, denominated contract number 48- 6- 03- 14-74, :,'A (DAL) FL3 -2 APR.73, for the operation of a Manpower Program; and W1 =AS, the Comprehensive Employment and Training Act, 1973, 42 USCA, Sec. 2809, authorizes consortium agreements; and W= B, City is now or will shortly be named the prime sponsor under the terms of the cited Act for Manpower programs within the Texas State Planning Region No. 20; or alternatively, the City will be designated the administrative unit to operate the program recited herein with the consortium formed hereby being the prime sponsor; and WHEREAS, in cases of multijurisdictional programs, a formal agreement must be executed between and among the appropriate officials, of the appropriate jurisdictions in accordance with the rules and regula- tions promulgated in Part IV, Volume 39, No. 16, Federal Register, January 23, 1974; and in accordance with the rules and regulations promulgated in Title 39, page 10374, et seq, Federal Register, Vol. 39, No. 54; and WHEREAS, the Texas State Planning Region No. 20, known as the Coastal Bend Area, consists of counties duly established under State law and the county parties to this contract and the City are authorized to enter into this agreement under the terms of Article 4413 (32c), V.A.C.S.; and WHEREAS, the identification of the units of government which are parties signatory hereto is made as indicated by those parties signing this instrument; and WHEREAS, those parties which would normally be within the juris- diction of the agreement but have notified the members hereto they will not participate are identified in Exhibit "A" which is attached hereto. WHER 4S, the geographical areas and population to be served by this agreement are attached hereto as Exhibit "B "; and WHEREAS, each signatory body to this agreement is authorized under the aforecited Article 4413 (32c) V.A.C.S. to enter this agreement and as further evidenced by the attached letters from an attorney repre- senting each jurisdiction so certifying; and WHEREAS, the City of Corpus Christi, Texas is an independently eligible prime sponsor having a population in excess of 100,000; and WHEREAS, grant agreements with the Department of Labor shall be signed by the chief elected official or chief administrative officer or their designees of each unit of government participating herein: NOW, THEREFORE, do the City of Corpus Christi and the counties comprising the Texas State Planning Region No. 20, known as the Coastal Bend Area, for and in consideration of the covenants, payments, and under- takings herein, covenant, contract, and agree to form a consortium under the cited Comprehensive Employment and Training Act of 1973, as follows: 1. The parties hereto mutually agree and understand that the City of Corpus Christi, as the designated or soon to be designated prime sponsor of Manpower programs under the afore cited Comprehensive Employ- ment and Training Act of 1973 will serve as the prime sponsor for Manpower programs within Texas State Planning Region No. 20, known as the Coastal Bend Area; or alternatively, the City will be designated the administrative unit to operate the program authorized herein, with the consortium formed hereby being the prime sponsor. 2. Parties hereto mutually agree and understand that the City, as prime sponsor, or administratively responsible, will administer the aforesaid Manpower programs and in this connection may operate such programs itself or subcontract the programs to an operating agency. The City will set up the administrative structure to insure that all Manpower programs will be effectively carried out as required by the applicable Federal Statutes U.S. Department of Labor Rules and Regulations, State Laws,.City Ordinances, and under advice from the Coastal Bend Manpower Planning Council. -2- 3. The parties hereto mutually agree and understand that the City, as prime sponsor, or administratively responsible, bears the respon- sibility of accountability for Federal funds provided for Manpower programs in the aforesaid area and bears the responsibility to monitor, evaluate and take corrective action relating to the pertinence of any and all subcontractors under the Grant Agreement, but nothing herein shall relieve the members of the consortium of their ultimate reponsibility for the use of funds. 4. The parties hereto mutually agree and understand that the Manpower services provided under the terms of the City Grant and the afore - cited Comprehensive Employment and Training Act of 1973, will be allocated among the participating jurisdictions on the basis of need according to population, poverty and unemployment criteria. Such allocation will apply only to funds that have been granted to the multijurisdictional program for use by all participating jurisdictions. Funds which have been or may be earmarked by the Department of Labor for special programs, or for desig- nated jurisdictions within the consortium area, will be utilized only by those designated areas and treated accordingly. 5. In connection with the administration of the aforesaid Manpower programs, the Coastal Send Manpower Planning Council, established by the City of Corpus Christi, will be utilized in accordance with the terms herein. The Planning Council shall advise the prime sponsor in the setting of basic goals, policies and procedures for its program under the Act. It shall make recommendations regarding program plans, and provide for continuing analyses of needs for employment, training and related services in such areas. The Planning Council shall monitor all manpower programs under the Act and provide for objective evaluations of manpower and related programs operating in the prime sponsor's area, for the purpose of improving the utilization and coordination of the delivery of such services. The pro- cedures for evaluating programs relating to the Act will be developed in cooperation with the agencies affected. The Planning Council shall make recommendations based upon its analyses to the prime sponsor, which will consider them in the context of its overall decisionmaking responsibility. -3- Each prime sponsor shall, to the extent practical, include as appointments to its Planning Council members who are representative of the client community, community -based organizations, the Employment Service, education and training agencies and institutions, business, labor, and, where appropriate, agriculture. Persons representative of other interested groups may also be appointed. The prime sponsor shall appoint a chairman of the Planning Council and provide professional, clerical, and technical staff to serve it. Funds for supportive services and related staff costs for the Planning Council may be made available from a prime sponsor's basic allocation. Final decisions with respect to recommendations of the Planning Council shall be made by the prime sponsor. The Manpower Planning Council shall have fifty (50) percent of the membership appointed by the City Council within the City limits of the City of Corpus Christi and the City Council shall designate the Chairman of the Council. The other fifty (50) percent of the membership of the Council will come from the twelve participating counties in accordance with the Ordinance establishing said Council. If any participating county declines representation, that countyb representa- tion on the Council will be given to other counties according to population in descending order. If a county declines representation, its representa- tion shall go to the largest population county and if a second county declines,its representation shall go to the second highest population county. No one county shall exceed one additional representative until all remaining counties have been offered the opportunity to accept unclaimed representa- tion from the declining county and so forth. The population of Nueces aaof County will n4a include the population fo the City of Corpus Christi. Each representative shall be appointed to represent the appointing agency. The Manpower Planning Council shall have the Chairman as designated above and such other officers and committees, including a Vice ChairmanAP and Secretary that the committee deems necessary to achieve its purposes and duties and as selected by the membership of the Council. -4- 6. The parties hereto mutually agree and understand that each county may nominate a member of the Manpower Planning Council in accordance with the foregoing section and the ordinance establishing said Council and each elected or executive officer of the county shall retain the right to supply input to the Manpower Planning Council in its decision - making relat- ing to recommendations to the prime sponsor. 7. The parties hereto mutually agree that the City as prime sponsor or as administratively responsible shall be and hereby is delegated the power to enter into contracts and subgrants and other necessary agree- ments, to receive and expend funds, to employ personnel, to organize and train staff, to develop procedures for program planning, operation, assess- ment and fiscal management of the program, to evaluate program performance and determine resulting need, to reallocate resources, and to modify the grant agreement with the Department of Labor. Such delegations shall not relieve the members of the consortium of their ultimate responsibility for the use of funds. The administrative unit of the consortium should have responsibility for the entire operation of the program but the consortium members shall be reserved the right of evaluation and the decision to reallocate consortium funds. B. The parties hereto mutually agree to establish an executive committee which shall administer the program in accordance with the terms herein. Such committee shall consist of one (1) representative from each county a party hereto which wishes to designate a representative. The county representative shall be appointed by the respective County Commissioners Court and represent that county if so appointed. The City Council shall appoint one (1) representative for each such county representative and shall appoint one (1) additional representative who shall be designated and serve as chairman of the committee. The committee shall elect such other officers as it deems necessary and such committees as it deems necessary. The committee shall meet as often and under such conditions as necessary to conduct the business of the consortium and administer the program here- under in accordance with all Federal and State laws and rules and regulations A quorum of the committee shall be 51% of the members. Vacancies shall be filled by appointing authority. -5- 9• The term of this agreement shall be equal to the term of the aforesaid grant but not to exceed two (2) years, subject to renewal if the aforesaid grant is renewed. WHEREFORE, WITNESS OUR RANDS binding the respective parties this the day of , 1974• CITY OF CORPUS CHRISTI County Attorney -6- ATTEST: ....... " " R. Marvin Townsend, City Manager City Secretary DAY OF (�/�- , 1974: ESE` �55� City Attorney APPROVED: COUNTY OF ARANSAS DAY OF , 1974 John D. Wendell, County Judge ' County Attorney APPROVED: COUNTY OF BEE DAY OF , 1974 BY John M. Turner, County Judge County Attorney APPROVED: COUNTY OF BROOKS DAY OF 1974 By Fidencio G. Garza, County Judge County Attorney APPROVED: COUNTY OF DUVAL DAY OF 1974 BY Archer Parr, County Judge County Attorney APPROVED: COUNTY OF JIM WELLS DAY OF 1974 By T. L. Harville, County Judge County Attorney -6- APPROVED: COUNTY OF TEE ERG DAY OF , 1974 W. C. McDaniel, County Judge County Attorney APPROVED: COUNTY OF KENEDY DAY OF 1974 BY Lee H. Lytton, Jr., County Judge County Attorney APPROVED: COUNTY OF LIVE OAK DAY OF 1974 By Bill Kendall, County Judge County Attorney APPROVED: COUNTY OF McMULLEff DAY OF 1974 By Mrs. J. P. Crain, County Judge County Attorney APPROVED: COUNTY OF HUECES DAY OF 1974 BY Robert N. Barnes, County Judge County Attorney APPROVED: COUNTY OF REFUGIO DAY OF , 1974 BY T. G. Jeter, County Judge County Attorney APPROVED: COUNTY OF SAN PATRICIO DAY OF 1974 BY Percy A. Hartman, County Judge County Attorney • • Corpus Christi, Texas day of Off// 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark