HomeMy WebLinkAbout15337 ORD - 01/30/1980• vp:l/29/80:1;t
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 1981 REFUNDING DOCUMENTS,
ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
COMPREHENSIVE EMPLOYMENT AND TRAINING ACT AMENDMENT OF
1978, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHOR-
IZING THE CITY MANAGER TO EXECUTE AND SUBMIT ALL OTHER
RELATED DOCUMENTS AS REQUIRED IN THE CONTINUATION AND
ADMINISTRATION OF THE AFORESAID AGREEMENT; AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
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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 1981 refunding documents, all in accordance
with the rules and regulations of the Comprehensive Employment and Training
Act Amendment of 1978, a substantial copy of said agreement being attached
hereto and made a part hereof, marked Exhibit "A". The City Manager is also
hereby authorized to execute and submit all other related documents as required
in the continuation and administration of the aforesaid agreement.
SECTION 2. That the necessity to execute the aforesaid agreement and
all other related documents as required in the continuation and administration
of the aforesaid agreement at the earliest practicable 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 but that such ordinance or resolution shall be read
at three several meetings of the City Council, and the Mayor having declared
that such emergency and necessity 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 39 day of January, 1980.
ATTEST:
Ci SecretaryMAY
APPROVED: DAY OF JANUARY, 1980:
J. BRUCE AC CK, CITY ATTORNEY
By /�GC/ /' y -
Assistant Ci � orney
15337
TY OF CORPUS CHRISTI, TEXAS
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 "B"; 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
EX H.
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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.
Consortium approval shall be verified by the signature of the Secretary or CETA
Director, or in such other manner as the Consortium shall designate. Execution of
all Consortium documents apporved by the Executive Committee shall be by the City
Manager 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 Statues, 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
performanceand 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
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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 monies or 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 the 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
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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
appointed to serve on'the Planning 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 allocations.
6. In connection with the administration of the aforesaid employment and
training programs, the Coastal Bend Consortium Planning 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 Planning
Council shall monitor all employment and training programs under the Act and pro-
vide 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 agencfes
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
decision-making responsibility.. The Planning Council shall consider any comments
and recommendations of the Private Industry Council and Youth Council in its recom-
mentations to the prime sponsor. The Planning Council shall meet no less than
five time per year. The meetings of the Planning 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 Planning Council shall have fifty (50) percent of the membership
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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 Planning 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
Planning 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 Planning 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 activi-
ties are expected or apprenticeship programs); employees who are not represented
by organized labor; and if appropriate, agriculture. Each mandated Planning
Council member shall not represent more than one of the above groups or organ-
izations and shall have voting privileges. Staff of State or local government
agencies shall not take the place of representatives of the participant commun-
ities 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 Planning Council, except that
elected officials and employees of units of local government and employees of
the State of Texas may be appointed to the Planning Council. A person serving
on the Planning Council shall not serve on the Consortium Executive Committee.
No Planning Council member shall vote on or voluntarily discuss during a Plan-
ning Council meeting any funding matter which directly concerns any agency of
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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 Planning 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 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 Planning Council will be made
by the Executive Committee.
7. The terms of this agreement shall be twelve months beginning October
1, 1980, and continue through September 30, 1981. 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 , 1980.
ATTEST: CITY OF CORPUS CHRISTI
City Secretary Mayor, City of Corpus Christi, Texas
APPROVED:
DAY OF 1980:
J. BRUCE AYCOCK, CITY ATTORNEY
By
R. Marvin Townsend, City Manager
Assistant City Attorney Director of Finance
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APPROVED: COUNTY OF-ARANSAS
day of , 1980 . BY:.
County Attorney John D. Wendell, County Judge
APPROVED: COUNTY OF BEE
day of , 1980 BY:
County Attorney John B. Hensley, County Judge
APPROVED: COUNTY OF BROOKS
day of , 1980 BY:
County Attorney Joe B. Garcia, County Judge
APPROVED: COUNTY OF DUVAL
day of , 1980 BY:
County•Attorney Gilberto Uresti, County Judge
APPROVED: COUNTY OF JIM WELLS
day of , 1980 BY:
County Attorney T.L. Harville, County Judge
APPROVED: COUNTY OF KLEBERG
day of , 1980 BY:
County Attorney W.C. McDaniel, County Judge
APPROVED: COUNTY OF KENEDY
day of , 1980 BY:
County Attorney Lee H. Lytton, Jr., County Judge
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APPROVED:
day of
COUNTY OF LIVE OAK
, 1980 BY:.
County Attorney Bill Kendall, County Judge
APPROVED: COUNTY OF MC MULLEN
day of
, 1980 BY:
District Attorney Claude Franklin, Jr., County Judge
APPROVED: COUNTY OF NUECES
day of
, 1980 BY:
District Attorney Robert N. Barnes, County Judge
APPROVED: COUNTY OF REFUGIO
day of , 1980 BY:
County Attorney
APPROVED:
day of
Ginger Fagan, County Judge
COUNTY OF SAN PATRICIO
, 1980 BY:
County Attorney Percy A. Hartman, County Judge
-8-
Corpus Christi A'xas
3D day of
/
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,
62
MAYOR
HE C OF CORPUS CHRISTI, TEXAS
The Charter rule was suspende_ 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 pass d by the following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
15337