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HomeMy WebLinkAboutContract 9505 CITY SECRETARY CONSORTIUM AGREEMENT CQNTRACT Pla "s cis" AMONG CITIES OF THE FORT WORTH CONSORTIUM'S EMPLOYMENT AND TRAINING PROGRAMS FORMED FOR THE PROVISION OF COMPREHENSIVE MANPOWER SERVICES UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 PUBLIC LAW 93-203 THE STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the Congress of the United States, by and through the Comprehensive Employment and Training Act of 1973 (Public Law 93-203 and Public Law 94-444) , has made certain appropriations to provide comprehensive manpower services, to include the development and creation of job opportunities and training, education and other services designed to enable individuals to secure and retain employ- ment at their maximum capacity; and WHEREAS, such Act provides that the Secretary of Labor may provide financial assistance to certain prime sponsors to enable the implementation of'-such a comprehensive manpower program; and WHEREAS, it is the corporate intent of the Cities of Arlington, Bedford, Euless, Fort Worth, Haltom City, Hurst and White Settlement to provide such services to qualified residents within the respective boundaries of such cities; and WHEREAS, pursuant to the provisions of such Act, the provisions of Article 4413(32c) of the Revised Civil Statutes of Texas, the Inter-local Cooperation Act, and by consortium agreement made and entered into on April 15, 1974, the Cities of Arlington, Bedford, Euless, Fort Worth, Haltom City, Hurst and White Settlement, as the Consortium, are corporately qualified and hereafter will serve as such a Prime sponsor of such services between October 1, 1977, and I 1. September 30, 1978; and ci .,k, 1977 Fw WHEREAS, by and through such a consortium agreement, it is the corporate intent of the Cities of Arlington, Bedford, Euless, Fort Worth, Haltom City, Hurst and White Settlement, as the Consortium, to provide as a prime sponsor such services should such status be continued and appropriations made by the Department of Labor; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS : This Agreement, made and entered into on the of A. D. 1977, by, between and among the Cities of Arlington, Bedford, Euless, Fort Worth, Haltom City, Hurst and White Settlement (hereinafter referred to as "Cities") , each such City acting by and through its respective duly authorized officer as indicated by the respective execution hereof, provides for the recognition and affirmation of the establishment of a CONSORTIUM composed of such Cities, to manage and deliver COMPREHENSIVE MANPOWER SERVICES to eligible residents within the respective jurisdictions of such Cities, within the purview and intent of the Comprehensive Employment and Training Act of 1973 (Public Law 93-203 and Public Law 94-444) and pursuant to the following terms and conditions: 1. Services under this Agreement shall be provided only within geographical areas of the corporate jurisdictions of such cities, or within other Cities of Tarrant County as may be agreed upon between Tarrant County Manpower Program and the Cities via a written non- financial agreement. 2. Persons to be served under this Agreement shall be economically disadvantaged, unemployed and underemployed persons defined and identified by the provisions of Public Law 93-203 and Public Law 94-444 and lawful regulations of the Department of Labor. 3. it is specifically recognized and affirmed that such cities have the power to levy taxes, to spend funds and -to contract among themselves and others, as well as general corporate and police powers, -2- I and shall, under this Agreement, comply with all requirements of law and regulation in organizing for and providing such compre- hensive manpower services. 4. To the extent consistent with state law, local charter and ordinance, all member Cities, as the Consortium, jointly accept responsibility for the operation of programs of such Consortium. 5. In accordance with the provisions of such Act, it is specifically recognized and affirmed that the Consortium is prime sponsor. It is additionally specifically recognized and affirmed that the City of Fort Worth is designated the administrative unit of the Consortium, with the further understanding that any and all allowable costs and/or expenses incurred by the City of Fort Worth, as such unit, shall be reimbursed in full by the Consortium with CFTA funds. Any and all reimbursements will be from each City's share of their Title I grant funds. It is understood and agreed that implementation of Consortium policies by such unit shall be necessarily pursuant -to and in accordance with federal laws, the Constitution of the State of Texas, state statutes, the Charter and ordinances of the City of Fort Worth. It is further recognized and affirmed that, as•such administrative unit, the City of Fort Worth, on behalf of -the Consortium, may enter into contracts, subgrants and any other agreement; may develop procedures for program planning, operation, evaluation and fiscal management of programs of the Consortium and may exercise any other power or responsibility as may be hereafter specified by contract. It is understood and agreed -that the Chief Administrative officer of the City of Fort Worth shall have and is hereby given the authority to execute, on behalf of the Consortium, any and all instruments in which the Consortium is identified as an execution party with prior optional approval of participating -3- Cities. Said Chief Administrative Officer shall sign, on behalf of the Consortium, grant agreements and any modifications thereof with the Department of Labor. 6. To Promote involvement of the Cities and their respective elective officials, each city shall designate one (1) elected official to serve on the "Fort Worth consortium policy Committee, " the existence of which committee is hereby recognized and affirmed. Each such City may designate one (1) additional elected official to serve as an alternate in the absence of the principal designee, which alternate shall possess the same rights and duties as the principal designee. The responsibilities of such committee shall be to.- a. Formulate policies; b. Review and recommend program activities; and c. Guide program activities of the administrative unit. Such designees (or alternates) shall be accorded the following voting strengths: Arlington, four (4) votes; Bedford, one (1) vote; Euless, two (2) votes, Fort Worth, ten (12 ) votes; Haltom city, two (2) votes; Hurst, two (2) votes, and White Settlement, one (1) vote. A tie vote on any issue before a duly called meeting of such committee shall automatically table the motion for the duration of such meeting. Such motion shall then be placed on the Agenda of the next meeting of such committee. Should the taking from the table of such motion at such next meeting result in another tie vote, the motion shall not -4- be considered again for the duration of this Agreement. 7. In accordance with Section 104 of Title I of the Compre- hensive Employment and Training Act of 1973, the Cities shall provide for -the involvement in the planning process of representa- tives from the client communities and from the appropriate community- based organizations currently involved in Manpower and/or related programs. Such representatives shall comprise the "Manpower Planning Council" and shall be appointed, consistent with the law, by the respective designees to the "Fort Worth Consortium Policy Committee" or by the respective member Cities of this Consortium. Such Council shall be responsible solely to such committee and shall advise such committee concerning the needs of and alternatives for Manpower Programs and, further, shall assist in monitoring and evaluating such programs. 8. To ensure equitable distribution of funds and services, the Cities jointly agree to a distribution of program services consistent with the concepts of resource allocation based upon that formula set forth in Section 103 of Title I of the Comprehensive Employment and Training Act of 1973. 9. It is understood and agreed that this resolution and agree- ment does not divest from any member City any right or power of local government. Further, as to programs or portions of programs affecting any given member City or Cities, each such City so affected specif- ically retains its respective right to evaluate, accept or reject such programs and to accept, reject, direct or redirect funds con- cerning such programs. 10. It is understood and agreed that this Agreement reflects the anticipation -that this Consortium will be approved and will remain -5- i E approved as a prime sponsor as defined and required by the i Comprehensive Employment and Training Act of 1973 and that, subsequent to such approval, this Consortium will receive and will continue to receive the requested grant funding. It is further understood and agreed that, notwithstanding any other statements, terms or conditions contained herein and regardless of prior execution of this Agreement, should this Consortium be not approved or not remain approved as a prime sponsor and/or such funding be not forthcoming or be withdrawn, any and all organizations, obligations, responsibilities, terms or condi- tions set forth herein shall be considered rescinded, null and void. 11. This Consortium shall be for a duration of twelve (12) months following the effective date of the grant. 12 . it is hereby understood and agreed that this Consortium Agreement has been duly and lawfully approved by the respective governing bodies of the member Cities and that such official act is duly recorded within the records and official minutes of such governing bodies. SIGNATURES OF AUTHORIZED OFFICERS: (City of Arlington (city of Ha to City) (City of Bedford) ( ty o r ) (City of Euless) (City of White Settlement) 1 "' "_ (City of Fort Worth) vt wY� L�50G�0�,dS9 -6- II � � City of Fort Worth, Tease Mayor and Council Communication DATE NUMBER PAGE CE SUBJECT: CET Title I, ontracts 10/11/77 C-3938 1 o .2_ Background Information In April 1974, the City Council authorized the City Manager to enter into a Manpower Consortium Agreement with the cities of Arlington, Bedford, Haltom I City, Hurst and White Settlement. This agreement has been renewed on an annual basis since the implementation of CETA programs. The purpose of the agreements were to provide employment and training programs services as prescribed under the provisions of the .Comprehensive- Employment and Training Act of 1973 (CETA) . The City of Fort Worth was designated by the other consortium member cities to be the Administrative Unit for all program activities, and has served in this capacity for the last three program years. A fourth year Grant Applica- tion (October 1, 1977 to September 30, 1978) was approved for submission (Informal Report Number 2676 and M&C G-3527) which provided for -the addition of the City of Euless to the Consortium. Renewal of Consortium The Consortium agreement must be renewed on an annual basis as authorized by the Comprehensive Employment and Training Act. The Fort Worth Consortium Employment and Training Programs agreement provides for joint responsibility for.�the operation of manpower programs, designation of the City of Fort Worth as the Administrative Unit; reimbursement of city funds and the establishment of the Fort Worth Consortiumvs Policy Committee. Member cities.of the Consortium have approved a plan to add the City of Euless to the Consortium. The cities of Arlington, Bedford, Euless, Fort Worth, Haltom City, Hurst, and White Settlement, will be members of the Consortium for the new program year. City of Fort Worth as Administrative Unit Employment and Training Consortium A contractual agreement has been recommended by the Policy Committee so that the role of the City of Fort Worth as the Administrative Unit will be more clearly defined. Further, the proposed agreement will provide for full reimbursement of City General Fund expenditures which are allocated for the operation of the Employment and Training Division of the Human Resources Department. The proposed contract between member cities and the City of Fort Worth is in the amount of $33,538. All Consortium member cities .-have agreed to share a proportionate amount of their CETA Title I funds for the contract amount. This amount will be reimbursed in total by the Consortium to the City of Fort Worth, in addition, to the City's indirect cost. The City of Fort Worth as the Administrative Unit will be responsible for the following services: 1) Enter into necessary contracts, subgrants and any other agreement; 2) Receive and expend funds; DATE REFERENCE SUBJECT' PAGE NUMBER CETA Title I Contracts 2 2 10/11/77 C-3938 of 3) Employ personnel; 4) Organize and train staff; 5) Develop procedures for program-planning, . operation, evaluation and fiscal management of Consortium programs; 6) Establish and coordinate a operations Committee to advise the member cities in the administration of employment and training programs. The membership of such committee shall consist of one non-elected officer or employee from each member city of the Consortium. Recommendations It is recommended that the City Manager be authorized to: 1) Renew the Consortium's Agreement with the cities of Arlington, Bedford, Euless, Haltom City, Hurst and White Settlement from October 1, 1977 to September 30, 1978, for operations of employment and training programs under CETA Title I. 2) Execute an agreement designating the City of Fort Worth as Administrative Unit for Employment and Training .Programs for F.Y. 78 and provide for the total reimbursement of City funds for the Employment and Training Division in the amount of $33,358. VS:sm. SUBMITTED BY; DISPOSITION BY COUNCIL: PROCESSED BY ❑ APPROVED ❑ OTHER (DESCRIBE) CITY SECRETARY DATE CITY MANAGER