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HomeMy WebLinkAboutResolution - 400 - Consortium Agreement - SPAG - CETA Employment & Training Program - 01_24_1980RESOLTUION #400 - 1/24/80 T?T: Cl1T TTmTnu 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 for and on behalf of the City of Lubbock a Consortium Agreement for the purpose of conducting a comprehensive Employment and Training Program under the Comprehensive Employment and Training Act (CETA), attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolut as if fully copied herein in detail. Passed by the City Council this 24th day of January r DI WEST, MAYOR ,--'ATTEST-: -Evelyn Ga fga, City ec y-Treasurer APPROVED AS TO ,CONTENT: Jim g, Ass ant C nager APPROVED AS TO FORM: L n C. Ross, Jr. City A for ey ,1980. Y SOUTH PLAINS EMPLOYMENT & TRAINING CONSORTIUM MODIFICATION NUMBER 1 FISCAL YEAR 1981 This modification changes part 6, paragraph e of the original agreement to include the appoint- ment of the Private Industry Council. go CONSORTIUM AGREEMENT THIS AGREEMENT between the local units of government who are parties hereto as reflected by the attached Ordinances or Resolutions, establishes a consortium for the purpose of conducting a comprehensive Employment and Train- ing Program under the Comprehensive Employment and Training Act (CETA) of 1978 (PL 95-524) in the South Plains area of the State of Texas. WITNESSETH: WHEREAS, the 95th Congress enacted the Comprehensive Employment and Train- ing Act (CETA) of 1978, and WHEREAS, CETA makes financial assistance available to designated prime sponsors to carry out all or a substantial part of a comprehensive Employment and Training Program; and WHEREAS, the City of Lubbock, Texas, an eligible prime sponsor under Section 101(a)(2) of the Act, Garza County, Texas, and Hale County, Texas, agree to form a consortium under Section 101(a)(3) of the Act to serve as prime sponsor of a comprehensive Employment and Training Program to provide job training and employment opportunities for the economically disadvantaged, unemployed and underemployed persons; and WHEREAS, this Agreement provides a central mechanism for the administra- tion of CETA throughout the South Plains region and complies with Vernon's Ann.Civ.St. art. 4413(32c), Interlocal Cooperation Act of Texas; NOW THEREFORE, in consideration of these premises, the City of Lubbock, Garza.County, and Hale County, acting pursuant to constitutional, statutory or implied powers, do agree as follows: 1. To form a consortium consisting of the City of Lubbock, Texas, Garza County, Texas, and Hale County, Texas, which consortium shall act as the prime sponsor for the purpose of planning and conducting a comprehensive Employment and Training Program under CETA to serve the economically disadvantaged, un- employed and underemployed persons of this area. Such consortium shall be known as the South Plains Employment and Training Consortium. 2. That state and local law permits services under this Agreement to be provided within the entire geographical area covered by this Agreement. 3. That each party signatory to this Agreement has the legal authority under state or local law to enter into a consortium agreement as verified by each party's chief legal officer. (Verification attached.) 4. To accept responsibility for operation of the comprehensive Employ- ment and Training Program operated in the area covered by this Agreement and to reserve the right to plan programs, evaluate any employment and training pro- grams operating within the area covered by this Agreement and to make recom- mendations concerning the need forlprograms, to reprogram funds, or to dis- approve any program not meeting 5. That any and all funds scribed by the rules, regulations agreements shall be reviewed and mittal for funding. 6. The local units of executive committee for the operat committee shall consist of one area's needs. ved under CETA shall be utilized as pre- guidelines of CETA, and that all grant by the parties hereto prior to sub- t party to this Agreement shall form an of this consortium and such executive entative from each local government unit signatory hereto, which representative shall be an elected official of such unit and who shall serve on the ex�cutive committee for a term of one year or until his successor is appointed. W a. The executive committee shall establish its own rules of procedure. b. The executive committee shall elect from its membership a chairman and such other officers as it may determine. C. The executive committee shall be the governing body of the con- sortium and shall have the power to designate an administrative entity for the purposes of carrying out a comprehensive employ- ment and training program and applying for or modifying grants pursuant to the Comprehensive Employment and Training Act. d. The South Plains Association of Governments is hereby designated as the administrative unit of the South Plains Employment and Training Consortium. (1) The executive committee may designate another entity as the administrative unit at any time as it shall determine a change is appropriate. The executive committee shall give the adminis- trative unit 60 days written notice of intent to terminate des- ignation. e. The executive committee shall appoint a planning advisory council and a private industry council in accordance with the CETA law and regulations. The purpose of such advisory councils shall be to advise the consortium and the administrative unit, in accordance with CETA regulations, regarding operation of the CETA program and to advise on Title VII activities of the CETA Act and the Private Sector Incentive Program. 7. The South Plains Association of Governments or its successor as ad- ministrative unit shall be charged with responsibility for the entire operation of the program, except for such rights as are reserved to the consortium here- in, including, but not limited to, the following general functions and re- sponsibilities, which may be further delineated by contract: a. To develop procedures for program planning, operation and as- sessment, insuring that all members of the consortium are pre- sented the opportunity to express their recommendations and participate in the decision -making process. b. To coordinate the activities of the advisory council which shall include, developing an annual Manpower Plan, advising consortium governments and the administrative unit of the types of programs and funding levels needed to effectively serve the disadvantaged, unemployed and underemployed, and to assess and evaluate on -going programs. C. To receive and expend funds, and to enter into contracts and subgrants for the operation of programs and other appropriate agreements. d. To employ, organize, train, and supervise staff according to the personnel policies of the administrative unit for the ef- fective administration of the program.. e. To establish adequate administrative and fiscal procedures. 8. That this Agreement shall not be effective until after it has been ratified by ordinance, resolution, minute order or other appropriate signifi- cation of assent by the parties hereto as shown by a certified copy of said ordinance, resolution, minute order or other signification of assent under the hand of the clerk or secretary of any signatory party. 9. This Agreement shall become effective October 1, 1980. This agree- ment shall have a duration of not less than one year and shall remain in effect until amended by the parties hereto. This Agreement supercedes any prior agreement heretofore entered into by any party signatory hereto for the conduct of a comprehensive Employment and Training Program under CETA upon expiration of such prior agreement. In the event any party hereto withdraws from this consortium after giving not less than sixty (60) days written notice to the other parties signatory hereto and to the administrative unit, the remaining parties may amend this.agreement and continue operation ofthedesignated services in the designated areas upon approval by the appropriate state and federalagencies administering .the grant funds received for this 10. There are no eligible units of general local government wi area served by the consortium which have not joined the consortium. Executed thisday of A vk- c, LA-1 '� , 1980. CITY OF BOCK, TEXAS: �aAUMRP MAYOR ATTEST velyn G , fg Cit c tary-Treasurer APP VED AS TO FORM: hn'.-C� Rpgs, Jr., ity Attorney APP VED AS TO ORM: reston Poole, founty Attorney HALE CO , TEXAS: BILL HOLLARS, CO TY JUDGE ATTEST: APPROVED AS TO ,County the �� AFFT7IAVTT I, Bill McAlister, Mayor of the City of Lubbock, Texas, do hereby certify and attest in writing that. the City of•Lubbock, Texas, was heretofore a prime sponsor under a consortium agreement executed April 22, 1976, between the City of Lubbock, Lubbock County, Texas, and Garza County, Texas. I further attest that such agreement has been suspended and superceded by the attached consor- tium agreement between the City of Lubbock, Texas, Garza County, Texas, and Hale County, Texas. The attached agreement reflects the consortium to be the prime sponsor, rather than the City of Lubbock, as was the case previously. Changes in the agreement have been made to reflect the change in prime sponsor- ship from the City of Lubbock to the consortium. Detail changes are too nu- merous to enumerate and the present consortium agreement should be considered a new agreement, rather than a modification of a previous agreement. Executed this b�i� day of A k!, uS1980. 7 Ap4h BILL McALISTER MAYOR CITY OF LUBBOCK, TEXAS LETTER OF CERTIFICATION I, John C. Ross, Jr., the duly appointed legal officer of the City of Lubbock, Texas, do hereby certify as follows: 1. The City of Lubbock, Texas, is authorized by the Statutes and Constitution of the State of Texas to enter into the agreement attached hereto creating a consortium for the purpose of conducting a comprehensive Employment and Training Program. 2. State and local law permits the provision of services within the entire geographical area covered by the attached consortium agreement. 3. Pursuant to state and local law and subject to the provisions of any contracts between an administrative unit and the consortium, the City of Lubbock, Texas, jointly and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this I R4 L day of Au-C,ts4-- . , 1980. l/ 30J�C. ROSS, JR. TTORNEY CITY OF LUBBOCK, TEXAS 92. 4_1-e s/oa .r H. L. "Bill" Young PRESIDENT South Plains Association of Governments 1709 - 26th Street • Lubbock, Texas 79411 •' 806/762-8721 Jerry D. Casstevens EXECUTIVE DIRECTOR October 13, 1980 The Honorable Bill McAlister Mayor of Lubbock P. 0. Box 2000 Lubbock, TX 79457 Sir: Please find attached a copy of the executed South Plains Employment and Training Consortium Agreement for Fiscal Year 1981. Let me know if we can provide you with any additional information. Sincerely, Juanita Fo es, Direc or Employment and Training Programs JF/jg Attachments cc: Rick Childers OCT 1 `.1g80 An Equal Opportunity Employer RESOLUTION #400 - 1/24/80 CONSORTIUM AGREEMENT THIS AGREEMENT between the local units of government who are parties hereto as reflected by the attached Ordinances or Resolutions, establishes a consortium for the purpose of conducting a comprehensive Employment and Training Program under the Comprehensive Employment and Training Act (CETA) of 1978 (PL 95-524) in the South Plains area of the State of Texas. WITNESSETH: WHEREAS, the 95th Congress enacted the Comprehensive Employment and Train- ing Act (CETA) of 1978, and WHEREAS, CETA makes financial assistance available to designated prime sponsors to carry out all or a substantial part of a comprehensive Employment and Training Program; and WHEREAS, the City of Lubbock, Texas, an eligible prime sponsor under Section 101(a)(2) of the Act, Garza County, Texas, and Hale County, Texas, agree to form a consortium under Section 101(a)(3) of the Act to serve as prime sponsor of a comprehensive Employment and Training Program to provide job training and employment opportunities for the economically disadvantaged, unemployed and underemployed persons; and WHEREAS, this Agreement provides a central mechanism for the administration of CETA throughout the South Plains region and complies with Vernon's Ann.Civ. St. art. 4413(32c), Interlocal Cooperation Act of Texas; NOW THEREFORE, in consideration of these premises, the City of Lubbock, Garza County, and Hale County, acting pursuant to constitutional, statutory or implied powers, do agree as follows: 1. To form a consortium consisting of the City of Lubbock, Texas, Garza County, Texas, and Hale County, Texas, which consortium shall act as the prime sponsor for the purpose of planning and conducting a comprehensive Employment and Training Program under CETA to serve the economically disadvantaged, un- employed and underemployed persons of this area. Such consortium shall be known as the South Plains Employment and Training Consortium. 2. That state and local law permits services under this Agreement to be provided within the entire geographical area covered by this Agreement. 3. That each party signatory to this Agreement has the legal authority under state or local law to enter into a consortium agreement as verified by each party's chief legal officer. (Verification attached.) 4. To accept responsibility for operation of the comprehensive Employ- ment and Training Program operated in the area covered by this Agreement and to reserve the right to plan programs, evaluate any employment and training programs operating within the area covered by this Agreement and to make recommendations concerning the need for programs, to reprogram funds, or to disapprove any program not meeting the area's needs. c 5. That any and all funds received under CETA shall be utilized as pre- scribed by -the rules, regulations and guidelines of CETA, and that all grant agreements shall,be reviewed and approved by the parties hereto prior to sub- mittal for funding. 6. The local units of government party to this Agreement shall form an executive committee for the operation of this consortium and such executive committee shall consist of one representative from each local government unit signatory hereto, which representative shall be an elected official of such unit and who shall serve on the executive committee for a term of one year or until his successor is appointed. a. The executive committee shall establish its own rules of procedure. b. The executive committee shall elect from its membership a chairman and such other officers as it may determine. c. The executive committee shall be the governing body of the con- sortium and shall have the power to designate an administrative entity for the purposes of carrying out a comprehensive employ- ment and training program and applying for or modifying grants pursuant to the Comprehensive Employment and Training Act. d. The South Plains Association of Governments is hereby designated as the administrative unit of the South Plains Employment and Training Consortium. (1) The executive committee may designate another entity as the administrative unit at any time as it shall determine a change is appropriate. The executive committee shall give the adminis- trative unit 60 days written notice of intent to terminate des- ignation. e. The executive committee shall appoint a planning advisory council in accordance with the CETA law and regulations. The purpose of such advisory council shall be to advise the consortium and the administrative unit, in accordance with CETA regulations, regarding operation of the CETA program. 7. The South Plains Association of Governments or its successor as ad- ministrative unit shall be charged with responsibility for the entire operation of the program, except for such rights as are reserved to the consortium here- in, including, but not limited to, the following general functions and re- sponsibilities, which may be further delineated by contract: a. To develop procedures for program planning, operation and as- sessment, insuring that all members of the consortium are pre- sented the opportunity to express their recommendations and participate in the decision -making process. b. To coordinate the activities of the advisory council which shall include, developing an annual Manpower Plan, advising consortium governments and the administrative unit of the types of programs and funding levels needed to effectively serve the disadvantaged, unemployed and underemployed, and to assess and evaluate on -going programs. C. To receive and expend funds, and to enter into contracts and subgrants for the operation of programs and other appropriate agreements. d. To employ, organize, train, and supervise staff according to the personnel policies of the administrative unit for the ef- fective administration of the progrc•m. e. To establish adequate administrative and fiscal procedures. 8. That this Agreement shall not be effective until after it has been ratified by ordinance, resolution, minute order or other appropriate signification of assent by the parties hereto as shown by a certified copy of said ordinance, resolution, minute order or other signification of assent under the hand of the clerk or secretary of any signatory party. 9. This Agreement shall become effective October 1, 1980. This agreement shall have a duration of not less than one year and shall remain in effect until amended by the parties hereto. This Agreement supercedes any prior agreement heretofore entered into by any party signatory hereto for the conduct of a comprehensive Employment and Training Program under CETA upon expiration of such prior agreement. In the event any party hereto withdraws from this consortium after giving not less than sixty (60) days written notice to the other parties signatory hereto and to the administrative unit, the remaining parties may amend this agreement and continue operation of the designated services in the designated areas upon approval by the appropriate state and federal agencies administering the grant funds received for this program. 10. There are no eligible units of general local government within the area served by the consortium which have not joined the consortium. Executed this 24th day of CITY OF LUBBOCK, TEXAS: WEST, MAYOR January HALE COUNTY, TEXAS: 1980. BILL HOLLORS, COUNTY JUDGE 7zez ST: ATTEST: Evelyn Ga fga, City S c e y-Treasurer APPROVED AS TO FORM: APPROVED AS TO FORM: n C. Ross, Jr., City Attorney Bob Bass, County Attorney GARZA COUNTY, TEXAS: GILES DALBY, COUNTY JUDGE ATTEST: APPROVED AS TO FORM: Preston Poole, County Attorney LETTER OF CERTIFICATION I, John C. Ross, Jr., the duly appointed legal officer of the City of Lubbock, Texas, do hereby certify as follows: 1. The City of Lubbock, Texas, is authorized by the Statutes and Constitution of the State of Texas to enter into the agreement attached hereto creating a consortium for the purpose of conducting a comprehensive Employment and Training Program. 2. State and local law permits the provision of services within the entire geographical area covered by the attached consortium agreement. 3. Pursuant to state and local law and subject to the provisions of any contracts between an administrative unit and the consortium, the City of Lubbock, Texas, jointly and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this day of „N , 1980. J HN C. ROSS, JR. CITY ATTORNEY CITY OF LUBBOCK, TEXAS AFFIDAVIT I, Dirk West, Mayor of the City of Lubbock, Texas, do hereby certify and attest in writing that the City of Lubbock, Texas, was heretofore a prime sponsor under a consortium agreement executed April 22, 1976, between the City of Lubbock, Lubbock County, Texas, and Garza County, Texas. I further attest that such agreement has been suspended and superceded by the attached consortium agreement between the City of Lubbock, Texas, Garza County, Texas, and Hale County, Texas. The attached agreement reflects the consortium to be the prime sponsor, rather than the City of Lubbock, as was the case previously. Changes in the agreement have been made to reflect the change in prime sponsorship from the City of Lubbock to the consortium. Detail changes are too numerous to enumerate and the present consortium agreement should be considered a new agreement, rather than a modification of a previous agreement. Executed this 24th d o f January 1980 ay , D ST Mayor City of Lubbock, Texas 1. LETTER OF CERTIFICATION the duly elected legal officer of County, Texas, do hereby certify as follows: County, Texas, is authorized by the Statutes and Constitution of the State of Texas to enter into the agree- ment attached hereto creating a consortium for the purpose of conducting a comprehensive Employment and Training Program. 2. State and local law permits the provision of services within the geographical area covered by the attached consortium agreement. 3. Pursuant to state and local law and subject to the provisions of contracts between an administrative unit and the consortium, County, Texas, jointly and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this day of _ — , 1980. E County Attorney County, Texas