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HomeMy WebLinkAboutResolution - 991 - Consortium Agreement - CETA - Comprehensive Employment & Training Program - 12/10/1981DGV:cl RESOLUTION 991, 12/10/81 RESOLUTION 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 Resolution as if fully copied herein in detail. Passed by the City Council this 10th day of Dece,ber ,1981. ATTEST: Evelyn-Gaffga, City S&crAqkv1-Treasurer APPROVED AS TO CONTENT: Rick Childers, Administrative Assistant APPROVED AS TO FORM: 7'�L.� I A Donald G. Vandiver, Asst. City Attorney B MCALI TER, MAYOR RESOLUTION 991, 12/10/81 CITY SECRETARY -TREASURER 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, population 173,979, an eligible prime sponsor under Section 101(a)(2) of the Act, Garza County, Texas, population 5,336, and Hale County, Texas, population 37,592, 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 oppor- tunities 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 Employment 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 for programs, to reprogram funds, or to dis- approve any program not meeting the area's needs. 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 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 herein, including, but not limited.to, the following general functions and responsi- bilities, 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 Comprehensive Employment and Training Plan, advising consortium governments and the ad- ministrative 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, 1982. 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 desig- nated areas upon approval by the appropriate state and federal agencies admin- istering 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 10th day of December 1196& . CITY OF LUBBOCK, TE S: HALE CO , TEXAS: BI L McALISTE , MAYOR BILL HOLLARS, CO JUDGE ATTEST: I,- Evelyn Evelyn Gaflga, City S`ecf'eta(ky-Treas. APPROVED AS TO FORM: �. 4 John C. Ross, Jr., 'city Attorney 'rr:&19,5 : 91 ATTES . Carl Cederholm, Co Clerk ATTEST: d Bea McDaniel, Secretary A VVTT%At7T'P 1, 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 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 agree- ment, rather than a modification of a previous agreement. Executed this 10th day of December B LLME&LISTER 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 10th day of Deceber�• ,TOHN C. ROSS, JR. CITY ATTORNEY CITY OF LUBBOCK, TEXAS LETTER OF CERTIFICATION I, Preston Poole` , the duly elected legal officer of Garza County, Texas,'do hereby certify as follows: 1.' Garza 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, Garza County, Texas, jointly and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this 1410( day of, 1982. v"&i a vvula6)f , 10847 LETTER OF CERTIFICATION I, Ron Felty the duly elected legal officer of Hale County, Texas, do hereby certify as follows: 1. Hale 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, Hale County, Texas, jointly.and separately accepts responsibility for the operation of the comprehensive Employment and Training Program. Executed this %�%day of , 1982. C my Attorney Hale County, Texas