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HomeMy WebLinkAboutResolution - 1420 - Joint Agreement-Lubbock County & Garza County-Jobs Training Partnership Program - 06_23_1983RESOLUTION 14AP- 6/23/83 cl:b DGV:da RESOLUTION WHEREAS, the City Council of the City of Lubbock deems it to be in the best interest of the citizens of the City of Lubbock to participate in the Jobs Training Partnership Act; and WHEREAS, the rules promulgated by the Governor for participation in such program requires a joint agreement between the City of Lubbock, Lubbock County and Garza County; and WHEREAS, the City of Lubbock shall have the right under such agreement to participate in naming fifteen members of the Private Industry Council to be created under such Act and rules through its Mayor; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a joint agreement to participate in the JTPA program with Lubbock County and Garza County; and THAT the Mayor of the City of Lubbock BE and is hereby directed to for- ward the names of candidates for Private Industry Council membership recom- mended by the City Council of the City of Lubbock to the other members of this service delivery area; and THAT the Mayor of the City of Lubbock is further authorized to execute such other applications, agreements or other documents as may be necessary to assure City of Lubbock participation in the JTPA program. Passed by the City Council this 23rd day of June 1983. B LL Mc ISTE MAYOR ATTEST: Evelyn Gaf ga, City S r -Treasurer APPROVED AS TO CONTENT: a-'�v ek&_Q� Rick Childers, Assistant City Manager APPROVED AS TO FORM: G. Vandiver, Assistant City Attorney AN AGREEMENT In conformance with provisions of the Jobs Training Partnership Act (JTPA) and rules pursuant to the act promulgated by the Office of the Governor, State of Texas, the following agreements are acknowledged and entered into by the under— signed chief elected officials of the City of Lubbock, Lubbock County, and Garza County which have been jointly designated by the Governor of Texas through Executive Order MW-9 as a service delivery area (SDA) for purposes of implement- ing the Jobs Training Partnership Act. 1. It is agreed that there shall be established a Private Industry Council (PIC) in conformance with JTPA and rules pursuant thereto. 2. It is agreed that the PIC shall have fifteen (15) members to be selected annually by the chief elected officials (CEOs) of the City of Lubbock, Lubbock County, and Garza County. a. Selection of PIC members shall require unanimous agreement among the CEOs. b. The initial term of PIC members shall expire June 30, 1984. There- after, PIC annual terms of appointment shall commence each July 1. c. Vacancies which may occur on the PIC shall be filled by unanimous agreement among the CEOs. 3. The PIC chairman shall be elected by simple majority vote of the PIC membership and shall be chosen from the business members of the PIC. 4. Composition of PIC membership shall be as follows: a. One (1) member of the PIC shall be a representative of organized labor who has been nominated by a local labor organization. b. One (1) member of the PIC shall be a representative of education who has been nominated by a local educational agency or organization. c. One (1) member of the PIC shall be a representative of community based organizations who has been nominated by a community based organization. d. One (1) member of the PIC shall be a representative of the public employment service who has been nominated by a local public employ- ment service office. e. One (1) member of the PIC shall be a representative of rehabilitation agencies who has been nominated by a rehabilitation agency. f. One (1) member of the PIC shall be a representative of economic develop- ment organizations who has been nominated by an economic development organization. g. Nine (9) members of the PIC shall be private sector representatives who have been nominated by general purpose business organizations, (such as chambers of commerce). Private sector representatives shall be owners, chief executives, chief operating officers or persons who are in key management positions reporting directly to an owner, chief executive, or chief operating officer and who can, as a member of the PIC, represent his/her non government employer. 4. At least one of the private sector members of the PIC shall be from a minority owned business. 5. At least one member of the PIC shall be from Garza County. b. It is agreed that the Mayor of the City of Lubbock shall have signatory authority to certify the PIC selection process. 14-1 i r r ✓Bill McAlister, Mayor City of Lubbock RodriA7L. Shaw, Judge Lubb6cg County / Giles W. Dalby, Judge Garza County /" r 'F -­'> PRIVATE INDUSTRY COUNCIL/CHIEF ELECTED OFFICIALS PLANNING PARTNERSHIP AGREEMENT UNDER THE JOB TRAINING PARTNERSHIP ACT OF 1982 WHEREAS, the Lubbock/Garza Service Delivery Area, hereinafter referred to as the "SDA", was designated by the Governor of the State of Texas as an area for planning and implementing employment and training pro- grams under the Job Training Partnership Act of 1982, hereinafter referred to as the "Act"; and WHEREAS, the Private Industry Council, hereinafter referred to as the "Council", as duly certified by the Governor of the State of Texas, is recognized as the body in the SDA with responsibility to provide guidance and oversight for programs under the Act; and WHEREAS, the Chairperson of the Council has been duly elected by mem- bers of the Council and authorized to serve as signatory for that body; and NOW THEREFORE, BE IT RESOLVED, THAT WE THE UNDERSIGNED DO HEREBY AGREE TO THE FOLLOWING: The terms of this agreement are effective from the date of signing. Amendments or changes to this agreement shall be subject to mutual consent of the Council and the aforementioned chief elected officials. The Council and aforementioned chief elected officials shall carry out their duties relative to the Act in a cooperative manner and in accordance with terms of the Act and Regulations issued pursuant thereto. The Council shall be responsible for analyzing employment and training needs and opportunities within the SDA, determining appropriate activities under the Act to be used to address those needs and opportunities, and overseeing the preparation of a formal written plan for such activities. The aforementioned chief elected officials shall be responsible for reviewing the plan prepared under the auspices of the Council. Both the Council and the aforementioned chief elected officials shall be responsible for approving the plan and for jointly submitting it to the Governor for funding. The preparation, review, approval and submission of subsequent modifications or amendments to the plan shall be handled in a similar manner. Subsequent to approval and funding of the plan by the Governor, the Council and aforementioned chief elected officials shall be responsible for providing general oversight relative to program expenditures and performance. The South Plains Association of Governments, hereinafter referred to as "SPAG", shall fulfill the role of secretariat to the Council and shall serve as the entity responsible for developing the SDA's local job training plan to be submitted to the Council and the aforementioned chief elected officials for review, comment, and approval prior to submission to the Governor. WHEREFORE, WITNESS OUR HANDS BINDING THE RESPECTIVE PARTIES TO THIS THE 28th day of July , 1983. E. Jack Brown Name of Chief Elected Official Mayor Title Signature Chuck Nielson Name of PIC Chairper on Signature Giles Dalby Rod Shaw Name of Chief Elected Official Name of Chief Elected Official Garza C t Jud e Title ASi ature _ Lubbock County Judge Title ILOL",-le Signature r. FEBRUARY, 1988 BYLAWS OF THE JOB TRAINING PARTNERSHIP ACT - PRIVATE INDUSTRY COUNCIL FOR THE CITY OF LUBBOCK, LUBBOCK COUNTY, AND GARZA COUNTY _ ARTICLE I - NAME The name of this body is the Private Industry Council, hereinafter referred to as the Council. _ — ARTICLE --II - AUTHORITY The Council is authorized under and in accordance with applicable regulations issued pursuant to the Job Training Partnership Act of 1982, hereinafter referred to as the Act. ARTICLE III - STATEMENT OF PURPOSE =� The Council shall fulfill all duties and functions required by regulations issued pursuant to the Act for a Service Delivery Area consisting of the City of Lubbock, Lubbock County, and Garza County. Such tasks shall include, but -will not be limited to, the designation of an entity, or entities, to perform secretariat and planning, grant recipient, administrative, and service delivery functions; oversight relative to the preparation of an annual plan and subsequent modifications to be submitted to the State of Texas for funding; and periodic review of program performance. Where required by regulations issued pursuant to the Act, decision making responsibility concerning such items shall be stated with a committee consisting of the Mayor of the City of Lubbock and the County Judges of Lubbock and Garza Counties. The terms of such shared responsibility shall be defined by Written agreement between the Council and the Mayor of the City of Lubbock and County Judges of Lubbock and Garza Counties. 1 _ ARTICLE V - MEETINGS Election of Officers Meetings shall be held on call by the Chairperson. Quorum Requirement - A quorum of the Council shall consist of 50% of the current mem- bership at the time of any Council meeting. Voting Privileges Decision on items of business brought before the Council shall be determined by majority vote. _.All members of the Council shall exercise full and equal voting. privileges. No votes by proxy will be allowed. _ Conduct of Meetings All meetings of the Council shall be conducted in accordance with customary rules of parliamentary procedure. COpen Meetings Council meetings shall generally be open to be the public. Excep- tions to this provision shall be subject to terms of the Texas Open Meetings Act (Article 6252-17). Minutes Minutes of the proceedings of each meeting will be recorded, dis- tributed to each member, and maintained on permanent file. Minutes shall be available to the public upon written request. Attendance Requirements Three (3) consecutive absences from meetings by a member may, upon review by the Chairman and other members of the Council, be con- sidered to constitute resignation from the Council. - 3 - REVISED AGREEMENT In conformance with provisions of the Jobs Training Partner- ship Act (JTPA) and rules pursuant to the Act promulgated by the Office of the Governor, State of Texas, the following agreements are acknowledged and entered into by the undersigned chief elected officials of the City of Lubbock, Lubbock County, Texas and Garza County which have been jointly designated by the Gover- nor of Texas through Executive Order MW-9 as a service delivery area (SDA) for purposes of implementing the Jobs Training Part- nership Act. 1. It is agreed that there shall be established a Private Industry Council (PIC) in conformance with JTPA and rules pursuant thereto. 2. It is agreed that the PIC shall have seventeen (17) members to be selected annually by the chief elected officials (CEOs) of the City of Lubbock, Lubbock County, and Garza County. a. Selection of PIC members shall require unanimous agreement among the CEOs. b. PIC terms of appointment shall commence each July 1 and PIC members shall be appointed for two-year terms. Selection of the membership shall be stag- gered with one-half of the members appointed July 1, 1987 to serve two-year terms, as selected by drawing of lots and members may serve until their successors are appointed. C. Vacancies which may occur on the PIC shall be filled by unanimous agreement among the CEOs. 3. The PIC Chairman shall be elected by simple majority vote of the PIC membership and shall be chosen from the business members of the PIC. 4. Composition of the PIC membership shall be as follows: a. One (1) member of the PIC shall be a representa- tive of organized labor who has been nominated by a local labor organization. b. One (1) member of the PIC shall be a representa- tive of secondary education agencies and institu- tions who has been nominated by a local secondary educational agency or organization. C. One (1) member of the PIC shall be a representa- tive of post -secondary education agencies and in- stitutions who has been nominated by a local post- secondary educational agency or organization. d. One (1) member of the PIC shall be a representa- tive of community based organizations who has been nominated by a community based organization. e. One (1) member of the PIC shall be a representa- tive of the public employment service who has been nominated by a local public employment service office. f. One (1) member of the PIC shall be a representa- tive of rehabilitation agencies who has been nominated by a rehabilitation agency. g. One (1) member of the PIC shall be a representa- tive of economic development organizations who has r been nominated by a economic development organiza- tion. h. One (1) member of the PIC shall be a representa- tive of the Local Texas Department of Human Ser- vices region. i. Nine (9) members of the PIC shall be private sec- tor representatives who have been nominated by general purpose business organizations, (such as chambers of commerce). Private sector representa- tives shall be owners, chief executives, chief operating officers or persons who are in key man- agement positions reporting directly to an owner, chief executive, or chief operating officer and who can, as a member of the PIC represent his/her non -government employer. 4. At least one of the private sector members of the PIC shall be from a minority owned business. 5. At least one member of the PIC shall be from Garza County. 6. It is agreed that the Mayor of the City of Lubbock shall have signatory authority to certify the PIC selection process. This Agroement s 1 bey effective on the �?l 1988. RODRICK L. SHAW, JUDGE Lubbock County �Q C McMINN, MAYOR City of Lubbock APPROVED AS���CONTENT: Rods.E1is , Business Liaison APPROVED AS TO FORM: BenjamiA L. Linton, Assistant City Attorney //-/W day of Giles W. Dalby, Judge Garza County REVISED AGREEMENT In conformance with provisions of the Jobs Training Partnership Act (JTPA) and rules pursuant to the act promulgated by the Office of the Governor, State of Texas, the following agreements are acknowledged and entered into by the undersigned chief elected officials of the City of Lubbock, Lubbock County, and Garza County which have been jointly designated by the Governor of Texas through Executive Order MW-9 as a service delivery area (SDA) for purposes of implementing the Jobs Training Partnership Act. 1. It is agreed that there shall be established a Private Industry Council (PIC) in conformance with JTPA and rules pursuant thereto. 2. It is agreed that the PIC shall have sixteen (16) mem- bers to be selected annually by the chief elected officials (CEOs) of the City of Lubbock, Lubbock County, and Garza County. a. Selection of PIC members shall require unanimous agreement among the CEOs. b. PIC terms of appointment shall commence each July 1 and PIC members shall be appointed for two-year terms. Selection of the membership shall be staggered with one-half of the members appointed July 1, 1987 to serve two-year terms, as selected by drawing of lots and members may serve until their successors are appointed. C. Vacancies which may occur on the PIC shall be filled by unanimous agreement among the CEOs. 3. The PIC chairman shall be elected by simple majority vote of the PIC membership and shall be chosen from the business members of the PIC. 4. Composition of the PIC membership shall be as follows: a. One (1) member of the PIC shall be a representa- tive of organized labor who has been nominated by a local labor organization. b. One (1) member of the PIC shall be a representa- tive of secondary education agencies and insti- tutions who has been nominated by a local secondary educational agency or organization. C. One (1) member of the PIC shall be a representa- tive of post -secondary education agencies and institutions who has been nominated by a local post -secondary educational agency or organiza- tion. d. One (1) member of the PIC shall be a representa- tive of community based organizations who has been nominated by a community based organiza- tion. e. One (1) member of the PIC shall be a representa- tive of the public employment service who has been nominated by a local public employment ser- vice office. f. One (1) member of the PIC shall be a representa- tive of rehabilitation agencies who has been nominated by a rehabilitation agency. g. One (1) member of the PIC shall be a representa- tive of economic development organizations who has been nominated by an economic development organization. h. Nine (9) members of the PIC shall be private sector representatives who have been nominated by general purpose business organizations, (such as chambers of commerce). Private sector repre- sentatives shall be owners, chief executives, chief operating officers or persons who are in key management positions reporting directly to an owner, chief executive, or chief operating officer and who can, as a member of the PIC, represent his/her non -government employer. 4. At least one of the private sector members of the PIC shall be from a minority owned business. 5. At least one member of the PIC shall be from Garza County. 6. It is agreed that the Mayor of the City of Lubbock shall have signatory authority to certify the PIC se- lection process. B.C. McMinn, Mayor City of Lubbock APPROVED AS TO FORM Ted ron, Assistant to the City Manager Revised 10/16/86 PRIVATE INDUSTRY COUNCIL/CHIEF ELECTED OFFICIALS QQ PLANNING PARTNERSHIP AGREEMENT UNDER THE JOB TRAINING PARTNERSHIP ACT OF 1982 1 (q g a AS AMENDED ON FEBRUARY 24, 1984 jQP At WHEREAS, the Lubbock/Garza Service Delivery Area, hereinafter referred to as the "SDA", was designated by the Governor of the State of Texas as an area for planning and implementing employment and training programs under the Job Training Partnership Act of 1982, hereinafter referred to as the "Act"; and WHEREAS, the Private Industry Council, hereinafter referred to as the "Council", as duly certified by the Governor of the State of Texas, is recognized as the body in_the_SDA with responsibility to provide guidance and oversight for programs under the Act; and WHEREAS, the Chairperson of the Council has been duly elected by members of the Council and authorized to serve as signatory for that body; NOW THEREFORE, BE IT RESOLVED, THAT WE THE UNDERSIGNED DO HEREBY AGREE TO THE FOLLOWING: The terms of this amended agreement are effective from the date of signing. Further amendments or changes to this agreement shall be subject to mutual consent of the Council and the designated chief elected officials of the SDA. The Council and aforementioned chief elected officials shall carry out their duties relative to the Act in a cooperative manner and in accordance with terms of the Act and regulations issued pursuant thereto. The Council shall be responsible for analyzing employment and training needs and opportunities within the SDA, determining appropriate activities under the Act to be used to address those needs and opportunities, and overseeing the preparation of a formal written plan for such activities. The aforementioned chief elected officials shall be responsible for reviewing the plan prepared under the auspices of the Council. Both the Council and the aforementioned chief elected officials shall be responsible for approving the plan and for jointly submitting it to the Governor for funding. The preparation, review, approval and sub- mission of subsequent modifications or amendments to the plan shall be handled in a similar manner. Subsequent to approval and funding of the plan by the Governor, the Council and aforementioned chief elected officials shall be responsible for providing general oversight relative to program expenditures and performance. The South Plains Association of Governments, hereinafter referred to as "SPAG", shall fulfill the role of the secretariat to the Council through June 30, 1984. Duties associated with this function will include the identification of issues for resolution, calling of meetings, preparation of agendas, making of presentations, recording of minutes, and serving as liaison for the Council with staff of the Texas Department of Community Affairs, hereinafter referred to as "TDCA", and the Governor's Office. Effective July 1, 1984, the Texas Employment Commission, hereinafter referred to as "TEC", shall assume responsibility for this function. SPAG shall be responsible for maintenance of the SDA's existing Local Job Training Plan for the nine -month transition period through June 30, 1984. Effective March 1, 1984, TEC shall assume responsibility for developing planning documents for the Title II-B Summer Youth Employment Program during the nine -month transition period and the Program Year 1984-85 Local Job Training Plan. Both SPAG and TEC shall serve as grant recipients during the nine -month transition period. Both agencies shall receive and disburse funds issued under the Act by TDCA, account for and report expenditures of such funds to TDCA, and perform other tasks associated with this designation as required by the Act and regulations issued pursuant thereto. TEC's designation in this regard shall become effective on March 1, 1984, and continue until this agreement is otherwise amended. SPAG's designation in this regard shall end on July 31, 1984, with the close-out and auditing of its programs. Both SPAG and TEC shall serve as administrative entities during the nine- -- month transition period. Both agencies shall perform and/or oversee client intake, eligibility certification, assessment, and placement tasks; duties associated with developing and contracting for employment and training opportunities; participant record keeping and reporting functions; and other administrative duties associated with the operation of components of the SDA's program respectively assigned to each agency. TEC's designation in this regard shall become effective on March 1, 1984, and continue until this agreement is otherwise amended. SPAG's designation in this regard shall end on July 31, 1984, with the close-out and auditing of its programs. During the nine -month transition period, SPAG shall be responsible for the SDA's classroom training and work experience program components. During this same period, TEC shall be responsible for other program components as deemed appropriate by the Council and chief elected officials. WHEREFORE, WITNESS OUR HANDS BINDING THE RESPECT PARTIES TO THIS THE 24TH DAY OF FEBRUARY, 1984. Al Henry Gil W. Dal Mayor, City of Lubbope Judge, Garza County Rodrick L. Shaw Chuck Nielson Judge, Lubbock County Chairman, Private Industry Council PRIVATE INDUSTRY COUNCIL/CHIEF ELECTED OFFICIALS PLANNING PARTNERSHIP AGREEMENT UNDER THE JOB TRAINING PARTNERSHIP ACT OF 1982 AS AMENDED ON APRIL 27, 1988 WHEREAS, the Lubbock/Garza Service Delivery Area, hereinafter referred to as the "SDA", was designated by the Governor of the State of Texas as an area for planning and implementing employment and training programs under the Job Training Partnership Act of 1982, hereinafter referred to as the "Act"; and WHEREAS, the Private Industry Council, hereinafter referred to as the "Council", as duly certified by the Governor of the State of Texas, is recognized as the body in the SDA with responsibility to provide guidance and oversight for programs under the Act; and WHEREAS, the Chairperson of the Council has been duly elected by members of the Council and authorized to serve as signatory for that body; NOW THEREFORE: BE IT RESOLVED, THAT WE THE UNDERSIGNED DO HEREBY AGREE TO THE FOLLOWING: The Council and the chief elected officials of the SDA shall carry out their duties relative to the Act in a cooperative manner and in accordance with terms of the Act and regulations issued pursuant thereto. The Council shall be responsible for analyzing employment and training needs and opportunities within the SDA, determining appropriate activities under the Act to be used to address those needs and opportunities, and overseeing the preparation of a formal written plan for such activities. The aforementioned chief elected officials shall be responsible for reviewing the plan prepared under the auspices of the Council. Both the Council and the aforementioned chief elected officials shall be responsible for approving the plan and for jointly submitting it to the Governor for funding. The preparation, review, approval and submission of subsequent modifications or amendments to the plan shall be handled in a similar manner. Subsequent to approval and funding of the plan by the Governor, the Council and aforementioned chief elected officials shall be responsible for providing general oversight relative to program expenditures and performance. The Council shall have an Executive Director who shall fulfill the role of the Secretariat to the Council. Duties associated with this function will include the identification of issues for resolution, calling of meetings, preparation of agenda and back-up information for the Council, making of presentations, taking attendance at Council meetings, recording of minutes and serving as liaison for the Council with the Texas Department of Commerce and the Governor's Office, and coordinating all appointments to the Council. Other powers, duties and responsibilities of the Executive Director shall be contained in his Employment Agreement with the Council. The Council shall serve as grant recipient. The Council shall receive and disburse funds issued under the Act by the Texas Department of Commerce, account for and report expenditures of such funds to the Texas Department of Commerce, and perform all other acts associated with this designation as required by the Act and regulations issued pursuant thereto. As required, the Council may contract with another entity or firm to provide professional accounting or auditing services. As grant recipient, the Council shall be designated to receive the Job Training Partnership Act funds on behalf of the SDA. As grant recipient, the Council accepts the powers, duties, liabilities and responsibilities inherent in such role. The parties agree that the Council shall be the administra- tive entity for the SDA. As the administrative entity, the Council shall administer programs as described in the training plan and pursuant to the Act and such rules and regulations under the Act. In accordance with the Act, administrative responsi- bilities and authority include, but are not limited to: 1. Selection and hiring of the staff, and related personnel matters of the staff, with the duties of carrying out the responsibilities of the Council as outlined in this agreement; 2. Receipt disbursement and allocation of all funds related to program operations; 3. Collection of program data necessary for the management and evaluation and preparation of required reports; 4. Monitoring and evaluating program operations pursuant to the Act. The Council will evaluate program performance in Coordination with the chief elected officials. The Council will oversee and monitor all subcontractors; 5. Awarding contracts with vendors and bidders for services described in the local training plan. The Council shall approve all contracts and review all expenditures; - 2 - 6. Maintenance of procurement practices and procedures in accordance with the terms of the Act and regulations issued thereto; 7. Determining and verifying participant eligibility as described in the Act; S. Procurement and maintenance of fixed assets and expendable supplies necessary for program operations; 9. Taking appropriate action against any subcontractor or subrecipient to ensure compliance with the Act, its regulations, any subcontract or subagreement made under the Act, or any other laws or regulations imposing requirements upon the administrative entity. 10. The Council's duties and responsibilities under this agreement shall become effective on July 1, 1988, and continue until this agreement is otherwise amended. This agreement shall be effective on the date that it is signed by all parties and shall continue until terminated by any party as provided. Any party may terminate their agreement by giving a 90-day written notice of intent to terminate to the other parties. By joint consent, this agreement may be modified by the Council and the elected official at any time. This Agreement executed on th . C. Mc INN, MAYOR City of Lubbock APPRO IO CONTENT: Rd�Allis, Business Liaison APPROVED AS TO FORM: r" Ben am n L. Linton, Assistant City Attorney e 27th day of April, 1988. eyu Uf_ RODRICK L. SHAW, JUDGE Lubbock County - 3 - ,2,I,PnA, L" — a , rman of P ate Indust y Counci