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HomeMy WebLinkAbout12504 ORD - 02/26/1975MLM:e:hb:2 /26/75:lst AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTI - JURISDICTIONAL CONSORTIUM AGREEMENT AND ALL RELATED DOCUMENTS FOR THE CONTINUATION OF THE COASTAL BEND MANPOWER CONSORTIUM, WITH THE CITY ACTING AS THE ADMINISTRATIVE UNIT; SAID CONTRACT TO BE EFFECTIVE FROM JULY 1, 1975 THROUGH JUNE 30, 1976, AS MORE FULLY SET OUT IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARRED EXHIBIT 'W', AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be and he is hereby authorized to execute a multijurisdictional consortium agreement and all related documents for the continuation of the Coastal Bend Manpower Consortium, with the City of Corpus Christi acting as the Administrative IInit, said contract to be effective from July 1, 1975 through June 30, 1976, all as is more fully set out in the agreement, in substantially the form attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. The necessity to authorize the execution of the aforementioned agreement and related documents for the continuation of the Coastal Bend Manpower Consortium so that the necessary plans to carry out the terms and conditions of this agreement can be formulated at the earliest possible date, 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 ACCORDINGLY SO ORDAINED this the day of February, 1975. ATTES : y Seer tary MAYOR I0:_�9 THE CITY OF CORPUS TI, TEXAS PI DAY OF FEBRIIARY, 1975: c City Attorney 425 ®4 CONTRACT FOR MANPOWER PROGRAM THE STATE OF TEXAS COUNTY OF NUECES X WHEREAS, the Comprehensive employment and Training Act, 1973, 29 USC, Sec. 801 et seq authorizes agreements among a group of general purpose local governments, hereinafter called a consortium, for delivery of manpower services; and, WHEREAS, the City of Corpus Christi, a municipal corporation, body politic and home rule city under the laws of the State of Texas, hereinafter referred to as "City ", is authorized under the law to be named prime sponsor being a unit of general purpose local government which has a population of 100,000 or more persons on the basis of the most satisfactory current data available; and, WHEREAS, the City and various units of local government within the Texas State Planning Region No. 20 have previously formed the Coastal Bend Manpower Consortium; 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 regulations promulgated in Part IV, Volum 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 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 jurisdiction of the agreement but have notified the members hereto they will not participate are identified in Exhibit "A" which is attached hereto; and, WHEREAS, 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 or approval from an attorney representing each jurisdiction so certifying. n Page 2 NOW THEREFORE, 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 undertakings herein, covenant, contract and agree to continue under the following terms and conditions the Coastal Bend Manpower Consortium- 1. The parties hereto mutually agree and understand that the Coastal Bend Manpower Consortium is the prime sponsor for Manpower programs within Texas State Planning Region No. 20, known as the Coastal Bend Area, and the City is hereby designated the administrative unit to operate the program authorized herein. Consortium approval shall be verified by the signature of the Consortium Chairman, Secretary, or in such other manner as the Consortium shall designate. Execution of all Consortium documents shall be by the chief administrative officer of the City or his designee. 2. Parties hereto mutually agree and understand that the City will administer the aforesaid Manpower programs as approved by the Executive Committee 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, and City ordinances. The City shall enter into contracts and subgrants and other necessary agreements, receive and expend funds, employ personnel, organize and train staff, develop procedures for program planning operation, evaluate program performance and determine resulting need, and reallocate resources within approved program budgets and grants and be responsible for the assessment and fiscal management of the program. 3. The parties hereto mutually agree and understand that the City bears the responsibility 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 sub- contractors under the Grant Agreement, but nothing herein shall relieve the members of the Consortium of their ultimate responsibility for the use of funds. It is further agreed and understood that each party /member of this Consortium who contracts with the Consortium will be primarily responsible to the Consortium Page 3 for any monies it receives by virtue of any contract entered into by said party /member and any misuse of said monies or funds which result in an audit disallowance as determined by the Department of Labor, then it shall be the primary responsibility of said party /member to reimburse the Consortium for said monies or funds to the extent of the audit disallowances. If said party /member does not reimburse the Consortium for said audit disallowance, the Consortium shall sue for collection. If collection is not possible then said audit disallowance will be reimbursed by those units of local governments, signatories hereto on a pro rata basis determined by population. 4. The parties hereto mutually agree and understand that the Manpower services provided under the terms of the aforecited 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 multi - jurisdictional 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 designated jurisdictions within the Consortium area, will be utilized only by those designated areas and treated accordingly. 5. The parties hereto mutually agree to establish an executive committee which shall provide policy direction for the program in accordance with the terms herein. Such committee shall consist of one (1) elected official from each general purpose unit of local government a party hereto which wishes to designate a representative who shall have one full vote. The representative shall be appointed by the respective governing body and represent that unit of government if so appointed. The City Council shall appoint one (1) representative for each two county representatives or part thereof, one of which shall be designated by the City to serve as chairman of the Executive Committee. Each City representative shall be authorized to cast two full votes. The Committee shall elect such other officers and establish committees as it deems necessary. The Executive Committee shall meet as often and under such conditions as necessary to conduct the business of the Consortium in accordance with all Federal and State laws and rules and regulations. A quorum of the committee shall be members who have authority to cast over 507 of the authorized votes. Vacancies shall be filled by the appointing authority. Any member,of the Page 4 Executive Committee who fails to attend three consecutive meetings shall be -_ deemed to have resigned and the governing body of the appointing agency will be asked to appoint a permanent replacement. Alternate representation shall be permitted only if the alternate representative is an elected official or is a member of the administrative staff of the governing body and is so appointed by official action of the governing body of the appointing agency. No person serving on the Executive Committee shall also be appointed to serve on the Planning Advisory Council. Professional, clerical, and technical staff to carry out the policies established by the Executive Committee will be provided by the administrative unit. Staff members providing such supportive services will be employed by the City under its personnel policies and will be provided all privileges and fringe benefits afforded other City employees. Funds for such supportive services will be made available from the prime sponsor's basic grant allocation. 6. In connection with the administration of the aforesaid Manpower programs, the Coastal Bend Manpower Planning Advisory Council is hereby established to 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 Advisory 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 procedures for evaluating programs relating to the Act will be developed in cooperation with the agencies affected. The Planning Advisory Council shall make recommendations based upon its analyses to the prime sponsor, which will consider them in the context of its overall decision- making responsibility. The Planning Advisory Council shall have fifty (50) percent of the membership appointed by the City Council within the City limits of the City of Corpus Christi. The other fifty (50) percent of the membership of the Council will be appointed by the Commissioners Courts of the participating counties, with each county making one appointment. The Planning Advisory 'Council , shall have a Chairman appointed by the Consortium Executive Committee and such other officers and committees, including a Vice Chairman and a Secretary that the Committee deems necessary to achieve its purposes and duties. Page 5 Each participating unit of local government shall, to the extent practical, include as nominees to the Planning Advisory 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 nominated. No person receiving any part of his salary from any CETA assisted program shall be appointed to the Planning Advisory Council. A person serving on the Planning Advisory Council shall not serve on the Consortium Executive Committee. Any member of the Planning Advisory Council who fails to attend three consecutive meetings shall be deemed to have resigned and the governing body of the appointing agency will be asked to appoint a permanent replacement. Professional, clerical, and technical staff to serve the Planning Advisory Council will be provided by the administrative unit. Funds for such supportive services will be made available from the prime sponsor's basic grant allocation. Final decisions with respect to recommendations of the Planning Advisory Council will be made by the Executive Committee. 7. The term of this agreement shall be twelve months beginning July 1, 1975. The responsibilities of the parties will continue thereafter until all matters pertaining to grants received or other financial transactions brought about during the twelve months of the contract have been fully completed. WHEREFORE, WITNESS OUR HANDS binding the respective parties this the day of 1975. ATTEST: CITY OF CORPUS CHRISTI City Secretary, Bill G. Read APPROVED: DAY OF , 1975 City Attorney APPROVED: City Manager, R. Marvin Townsend COUNTY OF ARANSAS DAY OF , 1975 By County Attorney APPROVED: DAY OF , 1975 County Attorney John D. Wendell, County Judge COUNTY OF BEE By John M. Turner, County Judge APPROVED: DAY OF , 1975 County Attorney APPROVED: DAY OF , 1975 COUNTY OF BROOKS By Fidencio G. Garza, County Judge COUNTY OF DUVAL sy CouaLy Atlorr.�y Tyr-.. J. P. Crain, County Jude' APPROVED: COUNTY OF NUECES DAY OF 1975 County Attorney APPROVED: DAY OF 1975 County Attorney APPROVED: DAY OF 1975 County A'�' By Robert X. Barnes, County Judge COUNTY OF REFUGIO ti T. G. Jeter, County Judge COUNTY OF SAN PATRICIO By rercL' A. P- irtman, County Judge By County Attorney Archer Parr, County Judge APPROVED: COUNTY OF JIM 14ELLS DAY OF 1975 COUNTY OF KENEDY DAY OF By County Attorney T. L. Harville, County Judge APPROVED: COUNTY OF KLEBERG DAY OF 1975 sy CouaLy Atlorr.�y Tyr-.. J. P. Crain, County Jude' APPROVED: COUNTY OF NUECES DAY OF 1975 County Attorney APPROVED: DAY OF 1975 County Attorney APPROVED: DAY OF 1975 County A'�' By Robert X. Barnes, County Judge COUNTY OF REFUGIO ti T. G. Jeter, County Judge COUNTY OF SAN PATRICIO By rercL' A. P- irtman, County Judge BY - County Attorney W. C. McDaniel, County Judge APPROVED: COUNTY OF KENEDY DAY OF 1975 By County Attorney Lee H. Lytton, Jr., County Judge APPROVED: COUNTY OF LIVE OAK DAY OF 1975 Ey County Attorney Bill Kendall, County Judge APPROVED: COUNTY OF mcmaLLEN DAY OF , 1975 sy CouaLy Atlorr.�y Tyr-.. J. P. Crain, County Jude' APPROVED: COUNTY OF NUECES DAY OF 1975 County Attorney APPROVED: DAY OF 1975 County Attorney APPROVED: DAY OF 1975 County A'�' By Robert X. Barnes, County Judge COUNTY OF REFUGIO ti T. G. Jeter, County Judge COUNTY OF SAN PATRICIO By rercL' A. P- irtman, County Judge Dear Sir: I am the duly elected County Attorney of County, Texas. Said County is a duly organized county under the provisions of Article IX, Texas Constitution,and has all powers incident thereto. Under such powers and under the terms of Article 4413 (32)c, Vernon's Annotated Texas Statutes, said County is fully authorized to enter into the contract creating a consortium between the City of Corpus Christi, Texas, and the various signatory counties to that contract as authorized by the Comprehensive Employment and Training Act of 1973, 42 USCA, Sec. 2809, et seq. Further, the County Commissioners of said County have authorized entering into such contract by a resolution passed at a meeting of such commission an the day of , 1975. I also certify that t e signature which appears on the said contract is that of the person authorized by the County Commissioners of this County to act in that capacity. County Attorney County EXHIBIT "A" The County of Aransas has informed the Consortium that it does not desire to continue its membership in the Consortium. EXHIBIT "B" GEOGRAPHICAL AREA AND POPULATION TO BE SERVED COUNTY *POPULATION Bee 22,737 Brooks 8,005 Duval 11,722 Jim Wells 33,032 Renedy 699 &leberg 33,173 Live Oak 6,697 McMullen 1,267 Nueces (Balance of) 33,031 City of Corpus Christi 204,525 Refugio 9,494 San Patricio 47,288 TOTAL 411,670 *Population source 1970 census PC(1) -C45 Corpus Christi, Texas day of 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, 101-C-42 7 MAYO Pro -Tem M CITY OF CORPUS G TI, TEXAS The Charter rule was suspended by the following vote: Jason Luby Lt 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 fol owing vote: Jason L»hy James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark