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HomeMy WebLinkAbout14922 ORD - 05/23/1979• JKH:rr:5. 22-79 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE COASTAL BEND CONSORTIUM AGREEMENT FOR SUBMISSION TO THE DEPARTMENT OF LABOR AS PART OF THE FISCAL YEAR 1980 REFUNDING DOCUMENTS, IN ACCORDANCE WITH RULES AND REGULATIONS OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT AMENDMENTS OF 1978, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT ALL OTHER RELATED DOCUMENTS AS REQUIRED IN THE CONTINUATION AND ADMIN- ISTRATION OF THE AFORESAID AGREEMENT; 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 the Coastal Bend Consortium Agreement for submission to the Department of Labor as part of the fiscal year 1980 refunding documents, in accordance with rules and regulations of the Comprehensive Employment and Training Act Amendments of 1978, all as more fully set forth in the agreement, 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 execute and submit all related contracts as required in the continuation and administration of the aforesaid agreement. SECTION 3. That the necessity to authorize execution of the aforesaid agreement and all necessary and related documents as required for the continuation and administration of the aforesaid agreement creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or on the date of its introduction but that be read at three several meetings of the resolution shall be passed finally such ordinance or resolution shall City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED THIS the 7- day of May, 1979. ATTEST: City ecreta`rg/ APPROVED: 2- /O DAY OF MAY, 1979: J. BRUC 'YCsC _..CITY ATTORNEY By THE i OF CORPUS CHRISTI, TEXAS Assistant Ci orney 14922 MICROFILMED ,UL g 1980 CONTRACT FOR EMPLOYMENT AND TRAINING PROGRAM THE STATE OF TEXAS COUNTY OF NUECES WHEREAS, the Comprehensive Employment and Training Act Amendments of 1978, 29 USC 801 et seq authorized agreements among a group of general purpose local governments, hereinafter called a Consortium, for delivery of employment and training 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 Consortium; and, WHEREAS, in cases of multijurisdictional programs, a formal agreement must be executed between and among the appropriate officials of the appropriate jur- isdictions in accordance with the rules and regulations promulgated in Part IX, Volume 44, No. 65, Federal Register, April 3, 1979; 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 "8"; and, WHEREAS, each signatory body to this agreement is authorized under the afore - cited 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; and, WHEREAS, each signatory body to this agreement jointly and separately accepts • responsibility for the operation of the program, 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 Consortium. 1. The parties hereto mutually agree and understand that the Coastal Bend Consortium is the prime sponsor for employment and training 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. Con- sortium approval shall be verified by the signature of the Secretary or CETA Dir- ector. or in such other manner as the Consortium shall designate. Execution of all Consortium documents approved by the Executive Committee shall be by the City tanager of the City or his designee. 2. Parties hereto mutually agree and understand that the City will administer the aforesaid employment and training programs as approved by the Executive Com- mittee 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 programs are 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 nec- essary agreements, receive and expend funds, employ personnel, organize and train staff, develop procedures for program planning and 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 man- agement of the program. 3. The parties hereto mutually agree and understand that the City bears the responsibility of accountability for federal funds provided for employment and training programs in the aforesaid area and bears the responsibility to monitor, evaluate, and take corrective action relating to the performance of any and all subcontractors 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 -2- who contracts with the Consortium will be primarily responsible to the Consortium for any monies it received by virtue of any contract entered into by said party/ member and any misuse of said moniesor funds which result in an audit disallowance as determined by the Department of Labor, then it shall be the primary responsibil- ity of said party/member to reimburse the Consortium for said monies or funds to the extent of the audit disallowance. 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 government, signatory hereto on a pro rata basis determined by the population in the most recent census. 4. The parties hereto mutually agree and understand that the employment and training services provided under the terms of the aforecited Comprehensive Employ- ment and Training Act Amendments of 1978, 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 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 the Coastal Bend Consor- tium Executive Committee which shall provide policy direction for the program in accordance with the terms herein. Such committee shall consist of one (1) rep- resentative from each county a party hereto which wishes to designate a representa- tive. 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 represented. The City Council shall de- signate 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 auth- ority to cast 50 percent or more of the authorized votes. Vacancies shall be filled by the appointing authority. Any member of the Executive Committee who -3- 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 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 appm nted to serve on the 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 administratin of tKe aforesaid employment and training programs, the Coastal Bend Consortium Advisory Council is hereby esta- blished 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 the Comprehensive Employment and Training Plan and provide for continuing analyses of needs for employment, training and related services in such areas. The Advi- sory Council shall monitor all employment and training programs under the Act and provide for objective evaluations of employment and training 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 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 Advisory Council shall consider any comments and recommendatiohs of the Private Industry Council and Youth Council in its recom- mendations to the prime sponsor. The Advisory Council shall meet no less than five times per year. The meetings of the Advisory Council shall be publicly announced,open and accessible to the general public, and an open record of the proceedings shall be maintained by the prime sponsor at the offices of the Admin- istrative Unit. The Advisory Council shall have fifty (50) percent of the membership -4- from the city limits of the. City of Corpus Christi. The other fifty (50) per- cent of the membership of the Council will be appointed to represent those Counties which are represented on the Coastal Bend Consortium Executive Committee, with each county having one appointee. The Advisory Council shall be appointed by the Executive Committee who shall appoint a Chairman who is not an employee or elected official of a member political jurisdiction of the Consortium. The Advisory Council shall appoint such other officers and committees, including a Vice -Chairman and a secretary that the Committee deems necessary to achieve its purpose and duties. The Executive Committee shall appoint as members to its Advisory Council per- sons broadly representative of groups of the population identified in terms of age, sex, race and national origin who are representatives of: the eligible population; Community Based Organizations; the employment service; veterans' organizations congressionally chartered or an organization incorporated as a veterans' service organization under the laws of the State; handicapped indivi- duals; vocational education agencies; public assistance agencies; other education and training agencies and institutions; business (e.g., representatives of a lo- cally -based business firm, the National Alliance of Business, or Chamber of Com- merce); organized labor (e.g., representatives of a central labor council, or the principal labor organizations in the areas where employment or training activities are expected or apprenticeship programs).; employees who are not rep- resented by organized labor; and if appropriate, agriculture. Each mandated Advisory Council member shall not represent more than one of the above groups or organizations and shall have voting privileges. Staff of State or local govern- ment agencies shall not take the place of representatives of the participant communities which their agencies serve. No person receiving any part of his salary from any CETA assisted program and no employee or member of the governing body of any agency contracting for delivery of CETA services shall be appointed to the Advisory Council, except that elected officials and employees of units of local government and employees of the State of Texas may be appointed to the Advisory Council. A person serving on the Advisory Council shall not serve on the Consortium Executive Committee. No Advisory Council member shall vote on or voluntarily discuss during an Ad- visory Council meeting any funding matter which directly concerns any agency of -5- which he/she is a member or by which he/she is employed. A quorum of the Council shall be members who have authority to cast one-third or more of the authorized votes. Any member of the 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 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 recommendation of the Advisory Council will be made by the Executive Committee. 7. The terms of this agreement shall be twelve months beginning October 1, 1979, and continue through September 30, 1980. 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 , 1979. ATTEST: CITY OF CORPUS CHRISTI City Secretary APPROVED: DAY OF 1979: J. BRUCE AYCOCK, CITY ATTORNEY Mayor, City of Corpus Christi, Texas R. Marvin Townsend, City Manager By Director of Finance Assistant City Attorney APPROVED: day of , 1979 County Attorney APPROVED: COUNTY OF ARANSAS BY: John D. Wendell, County Judge COUNTY OF BEE day of , 1979 BY: County Attorney John B. Hensley, County Judge APPROVED: COUNTY OF BROOKS day of , 1979 BY: County Attorney Joe B. Garcia, County Judge APPROVED: COUNTY OF DUVAL day of , 1979 BY: County Attorney Gilberto Uresti, County Judge APPROVED: COUNTY OF JIM WELLS day of , 1979 BY: County Attorney T. L. Harville, County Judge APPROVED: COUNTY OF KLEBERG day of , 1979 BY: County Attorney W. C. McDaniel, County Judge APPROVED: COUNTY OF KENEDY day of , 1979 BY: County Attorney Lee H. Lytton, Jr.,County Judge APPROVED: COUNTY OF LIVE OAK day of , 1979 BY: County Attorney Bill Kendall, County Judge APPROVED: COUNTY OF MCMULLEN day of , 1979 BY: District Attorney Claude Franklin, Jr., County Judge APPROVED: COUNTY OF NUECES day of , 1979 BY: District Attorney APPROVED: Robert N. Barnes, County Judge COUNTY OF REFUGIO day of , 1979 BY: County Attorney Ginger Fagan, County Judge APPROVED: COUNTY OF SAN PATRICIO day of , 1979 BY: County Attorney Percy A. Hartman, County Judge Corpus Christi, Texas day of • , 19 79 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 suspension 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 ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, THE C OF CORPUS CHRISTI, TEXAS The Charter rule was suspend - by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passe by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky 14922