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