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HomeMy WebLinkAbout19906 RES - 08/11/1987A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT FOR EMPLOYMENT AND TRAINING PROGRAMS UNDER THE JOB TRAINING PARTNERSHIP ACT OF 1982 FOR A TERM OF TWO YEARS EFFECTIVE JULY 1, 1987 WITH THE COUNTY OF NUECES; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized to execute a CONTRACT FOR EMPLOYMENT AND TRAINING PROGRAMS UNDER JOB TRAINING PARTNERSHIP ACT OF 1982 with the County of Nueces all as more fully set forth in the agreement attached hereto and made a part hereof, marked Exhibit "A." ATTEST: oi,,,_ City Secretary MAYOR APPROVED: DAY OF HAL GEORGE CITY ATTORN ssi tant ity ttorney 06P.117.04 , 19'% THE CITY OF CORPUS CHRISTI, TEXAS 129" M1CROFILMEp EXHIBIT "E CONTRACT FOR EMPLOYMENT AND TRAINING PROGRAM UNDER THE JOB TRAINING PARTNERSHIP ACT OF 1982 THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the Job Training Partnership Act of 1982, 29 USC 1501 et. seq. (the "Act") provides that the Governor shall approve a request to be a service delivery area from any consortium of contiguous units of general local government with an aggregate population of 200,000 or more which serves a substantial part of one or more labor market areas for the purpose of implementing the employment and training programs pursuant to this Act; and, WHEREAS, in the case of any consortium of contiguous units of general local government, a formal agreement must be executed between and among the appropriate officials of the appropriate units of general local government in accordance with the Act and with the rules and regulations promulgated thereunder; and, WHEREAS, the identification of the units of general local government (the "Consortium") which are parties signatory hereto is made as indicated by those parties signing this instrument; and, WHEREAS, each signatory body to this agreement is authorized under the Interlocal Cooperation Act of Texas, Article 4413 (32c), V.A.C.S. to enter this agreement; 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 County of Nueces for and in consideration of the covenants, payments, and undertakings herein, covenant, contract and agree to the following terms and conditions for the implementation of employment and training programs pursuant to the Job Training Partnership Act of 1982. 1. That parties hereto agree to request that the area of the City of Corpus Christi and the balance of Nueces County be designated as a Service Delivery Area by the Governor. 2. Parties hereto mutually agree that the City of Corpus Christi in conjunction with the Private Industry Council ("PIC") 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 directives, and City Ordinances. 3. The parties hereto mutually agree to establish a Service Delivery Area Executive Committee (the "Executive Committee") which will in conjunction with the PIC be responsible for policy guidance and activities oversight. Jointly with the PIC the Executive Committee will approve the local plan, grant recipient, and program administrator. An agreement delineating joint and separate responsibilities between the Executive Committee and the PIC will be executed to establish a partnership between local government and the private sector. The Executive Committee shall consist of elected officials representing the political jurisdictions signatory hereto and will be composed of Mayor, City Council members, and two elected officials of the Nueces County Commissioners Court, one of whom shall reside in the City of Corpus Christi. County representatives to the Executive Committee shall be appointed by the County Commissioner's Court. The Mayor of the City of Corpus Christi shall act as Chairman of the Executive Committee. In the absence of the Mayor, the Executive Committee as a whole shall select a temporary chairman. The Executive 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 Statutes, U. S. Department of Labor Rules and Regulations, State laws and directives, and City Ordinances. A quorum of the Executive Committee shall be six members. 4. Parties hereby mutually agree that the PIC shall be established which will provide policy guidance for and exercise oversight with respect to activities and decisions relating to the job training plan. In coordination with the Executive Committee, the PIC shall determine procedures for the development of the job training plan, approve the plan, select a grant recipient, and select the entity to administer the job training plan. It is hereby agreed that representation on the PIC will be prorated according to the population of each party to this agreement as reflected in the most recent census. The chief elected officials of each party hereby defined as the governing body of each political jurisdiction will appoint PIC representatives allocated to them under this agreement. The County of Nueces will select one representative from the private sector, one representative from educational agencies, and one representative from organized labor. The City of Corpus Christi will select the balance of the membership of the PIC. Private sector representatives will be selected from nominations submitted by a general purpose business organization annually. The Corpus Christi Chamber of Commerce is hereby designated as the general purpose business organization which will annually coordinate the nominations process in conjunction with the Mexican Chamber of Commerce and other business organizations in the Service Delivery Area. Representatives of the private sector shall constitute a majority of the membership in the PIC and shall reasonably represent the industrial and demographic composition of the business community. The balance of the membership of the PIC will be composed of representatives of educational agencies, organized labor, rehabilitation agencies, community based organizations, economic development agencies and the public employment service. Educational agency representatives shall be selected from annual nominations submitted by a variety of local educational agencies and proprietary schools or general organizations of such agencies or schools within the Service Delivery Area. Labor representatives shall be recommended to the Consortium annually by recognized State and local labor organizations or appropriate building trades councils. The remaining members of the PIC shall be selected from individuals recommended annually by interested organizations. The program administrator will collect all nominations lists and submit them to the appropriate governing body for consideration. Each PIC member will have voting privileges. No member of the PIC shall cast a vote on the provision of services by that member (or any organization which that member directly represents) or vote on any matter which would provide direct financial benefit to that member. At least fifty percent of the initial members will be appointed for a term to end June 30, 1988. The remaining fifty percent will be appointed to serve 08G.968 - 2 - through June 30, 1989. Appointment of subsequent members will be for a two-year period to provide for staggered terms using the same nomination and appointment process as for original member. Any vacancy in the membership of the PIC will be filled in the same manner as the original appointments to complete unexpired terms. All vacancies will be filled within three months. The initial number of members of the PIC shall be thirteen. Thereafter the number of members shall be determined by the PIC but will be filled using the same process and proration used for the original appointments. 5. The parties hereto mutually agree and understand that the employment and training services (training slots) provided under the terms of the aforecited Job Training Partnership Act of 1982, will be allocated among the participating jurisdictions using the same formula for allocating funds to the Service Delivery Area. 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 or the State for special programs, or for designated jurisdictions within the Consortium are, will be utilized only by those designated areas and treated accordingly. 6. It is agreed and understood that each party who contracts with the program administrator of the program will be primarily responsible to the Consortium for any monies it received by virtue of any contract entered into by said party and any misuse of said monies or funds which result in an audit disallowance as determined by the State or Department of Labor, then it shall be the primary responsibility of said party to reimburse the Consortium for said monies or funds to the extent of the audit disallowance. If said party 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. 7. The term of this agreement shall be effective as of July 1, 1987 and continue through June 30, 1989. The responsibilities of the parties will continue thereafter until all matters pertaining to grants received or other financial transactions brought about during the aforementioned period of the contract have been fully completed. WHEREFORE, WITNESS OUR HAND binding the respective parties this the day of , 19 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved this 3 / day of TuG_ ,, 1987 Hal Georg City Attorneo� d By: /eHI A si tant City Attorney ATTEST: County Clerk By: Craig A. McDowell, City Manager COUNTY OF NUECES By: 08G.968 - 3 - Robert N. Barnes, County Judge Corpus Christi, Texas �l day of age -pd- , 1981 The above resolution was passed by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong 99.066.01 19906