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Home My WebLink About13099 ORD - 03/24/1976• M:hb:3 /23/76:1st • AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR MANPOWER PROGRAM WITH THE COASTAL BEND MANPOWER CONSORTIUM, PROVIDING FOR THE CITY'S CONTINUED MEMBERSHIP IN THE CONSORTIUM AND AS THE ADMINISTRATIVE UNIT, SAID CONTRACT TO BE EFFECTIVE FROM OCTOBER 1, 1976 AND TO TERMINATE SEPTEMBER 30, 1977, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A "; AND MADE A PART HEREOF; AUTHORIZING TEE CITY MANAGER TO SIGN A LETTER OF AMENDMENT TO THE PRESENT CONSORTIUM AGREEMENT EXTENDING THE SAID AGREEMENT FROM JUNE 30, 1976 TO SEPTEMBER 30, 1976; 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 Contract for Manpower Program with the Coastal Bend Manpower Consortium, providing for the City's continued membership in the Con- sortium and as the administrative unit, said contract to be effective from October 1, 1976, and to terminate September 30, 1977, all as more fully set forth in the contract, a substantial copy of which is attached hereto, marked Exhibit "A ", and made a part hereof. SECTION 2. That the City Manager be and he is hereby authorized to sign a letter of amendment to the present Consortium Agreement, extending the said agreement from June 30, 1976, to September 30, 1976. SECTION 3. The necessity to authorize execution of the afore- said contract and to extend the present Consortium Agreement in order to continue the Manpower Program, as more fully outlined in the contract attached hereto and made a part hereof, 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 but 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 affect and be in full 13099 0 . .0 force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED this the day of , 1976. ATTEST: its . Cit Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: 2(/MAY OF /y%fl/e[/i , 1976: JRU� %R, aiATTO Assistant City Atbbrney • 1 CdNTRACT FOR MANPOWER PROGREyM � ' • THE STATE OF TEXAS X 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, Volume 39, No. 16, Federal Register, January 23, 1974; and in accordance with the rules and regulations promulagated 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. • 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 elected official and 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 y • 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) representative from each county a party hereto which wishes to designate a representative. 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 county representative. The City Council shall designate the chairman of the Executive Committee. 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 50% of the authorized votes. Vacancies shall be filled by the appointing authority. Any member of the 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 • Page 4 • be permitted but such alternate representative shall be 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. No person receiving any part of his salary from any CETA assisted program shall be appointed to the Executive Committee. 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 Commissioner's 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 0 Each participating unit "of local government shall, to the extent practical, include as nominees to the Planning Advisory Council members who are I 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 October 1, 1976, and continue through September 30, 1977. The responsibilities of the parties will continuing 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 , 1976. ATTEST: CITY OF CORPUS CHRISTI By. City Secretary R. Marvin Townsend, City Manager APPROVED: -- ,q DAY OF 0P0G� II-- - . 1976: J. BRUCE AYCOCK, CITY ATTORNEY IR%/A1kWAA!Ar. Harold Zick, Director of Finance Page 6 APPROVED: day of 1976 County Attorney APPROVED: day of , 1976 County Attorney APPROVED: day of , 1976 County Attorney APPROVED: day of , 1976 County Attorney APPROVED: day of , 1976 County Attorney APPROVED: day of , 1976 County Attorney APPROVED: day of , 1976 County Attorney APPROVED: day of 1976 County Attorney APPROVED: day of 1976 County Attorney • COUNTY OF ARANSAS BY: John D. Wendell, County Judge COUNTY OF BEE BY: J. G. Knight, County Judge COUNTY OF BROOKS BY: Fidencio G. Garza, Jr., County Judge COUNTY OF DUVAL BY: Gilberto Uresti, County Judge COUNTY OF JIM WELLS BY: T. L. Harvillg, County Judge COUNTY OF KLEBERG BY: W. C. McDaniel, County Judge COUNTY OF KENEDY BY: Lee H. Lytton, Jr., County Judge COUNTY OF LIVE OAK BY: Bill Kendall, County Judge COUNTY OF MCMULLEN BY: Claude Franklin, Jr., County Judge Page 7 APPROVED: day of 1976 County Attorney APPROVED: day of 1976 County Attorney APPROVED: day of 1976 County Attorney COUNTY OF NUECES BY: Robert N. Barnes, County Judge COUNTY OF REFUGIO BY: T. G. Jeter, County Judge COUNTY OF SAN PATRICIO BY: Percy A. Hartman, County Judge r CORPU_SCURISTI, TEXAS o�pA. DF t 9LC 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 AMC 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 SMALL 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 LUDY DR. BILL TIPTON EDUARDO DE ASES RUTH GILL BOB GULLET GABE LOZANO, SR. EDWARD L. SAMPLE THE ABOVE ORDINANCE WAS PASSED BY JASON LueY , DR. BILL TIPTON EDUARDO DE ASE$ RUTH GILL BOB GULLEY GABE LOZANO, SR. EDWARD L. SAMPLE VOTE: