HomeMy Public PortalAbout84-098RESOLUTION 84-098
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON
APPROVING THE JOINT EXERCISE OF POWERS AGREEMENT A NG
THE CITIES OF CARSON, ICHTM AND TORRANCE FOR THE
PURPOSE OF CREATING AN EMPLO'Av= AND TRAINING CONSORTILM.
THE CITY COUNCIL OF THE CITY OF CARSON HEREBY RESOLVES AS FOLLOWS:
Section 1. The cities of Carson, Lomita and Torrance have agreed
to enter into a consortium to provide euployamt and training services to the
residents of these three cities.
Section 2. The Joint Exercise of Powers Agreeamt Among The Cities
Of Carson, Lomita and Torrance For The Purpose Of Creating An Employment And
Training Consortium (Agreement) is made pursuant to -the provisions of Article 1,
Chapter 5, Division 7, Title 1 of -the Governannt Code of the State of California.
Section 3. This Agreement is also made pursuant to the Federal Job
Trainin&Partnership Act and the State of California enabling legislation, the
Family Economic Security Act of 1982.
Section 4. A copy of said agreemnt is attached and made a part of
this Resolution.
ATTEST:
APPROVED AS TO FORM BY BILL STRAUSS ASST. CITY ATTORNEY.
PASSED, APPROVED and ADOPTED this 7th day of August 1984.
MAYOR
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) as.
CITY OF CARSON )
I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do
hereby certify that the whole number of members of the City Council of-said:City'is
five; that the foregoing resolution, being Resolution No. 84-098 was duly and
regularly adopted by the City Council of said City at an adjourned regular meeting
of said Council, duly and regularly held on the 7th day of August, 1984, and that
the same was so passed and adopted by the following vote:
AYES:
COUNCIL
MEMBERS:
DeWitt, Egan, Mills and Calas
NOES:
COUNCIL
MEMBERS:
None
ABSTAIN:
COUNCIL
MEMBERS:
None
ABSENT:
COUNCIL
MEMBERS:
Muise
City Clerk, City -of Carso ,',California
Res No. 84-098/pg. 2 of 16
PO
CITIES` OF
CAP,SON,iOP✓ITA AND TORRANCE
FOR THE PURPOSE OF CREATING
AN EMPLOYMENT AND TRAINING CONSORTIUM.
This agreement, dated,
is between
the cities of Carson, Lomita and Torrance, each of which
is a municipal corporation duly organized and existing under
the laws of the State of California, hereinafter collectively
referred to as "the cities";
W I T N E S S E T H:
WHEREAS, the cities are each empowered by law to develop
programs for -the benefit of the citizens and businesses
within each community; and
WHEREAS, the Job Training Partnership Act, hereinafter
referred to as the "Act" (29 U.S.C. 1501 et seg., Public
Law 97-300, 96 Stat. 1322), authorizes the expenditures
of federal funds for job training programs in a locally-
- determined Service Delivery Area (SDA); and
WHEREAS, the State of California has enacted the Family
Economic Security Act (FESA) of 1982, hereinafter referred
to as "FESA", (Welfare and Institution Code §11200 et seq.)
to implement goals of the Act; and
WHEREAS, under the FESA, SDA will assume certain duties
and obligations; and -
WHEREAS, the parties to this Agreement are willing to
accept the responsibilities and duties as may be prescribed
by the Act and FESA, as said legislation may from time to
time be amended; -and
WHEREAS, the Act permits any consortium of contiguous
"units of local government -with an aggregate population of
200_,000 or more which services a substantial part of a labor
market area, to form an SDA; and
Res. No. 84-098/pli� 3, of 16
-Z -6.
i^,'HEREAS, the cities of Carson, Lomita and Torrance are
contiguous cities having an aggregate population in excess
of 200,000 and comprising a substantial labor market area;
and
WHEREAS, said cities desire to form a consortium for
the purpose of becoming a recognized Service Delivery Area
under the Act; which shall be known as the Carson/Lomita/Torra ce
Consortium; and
WHEREAS, the consortium would benefit the residents
c the subject communities by maintaining local autonomy
and allowing public officials to better respond to the needs
of local business; and
WHEREAS, it is to the mutual benefit of the Cities to
establish a consortium which would result in 'a more cohesive,
locally -based Private Industry Council and which would provide
for the development of industry specific training based
upon local labor market demands and characteristics of the
eligible population; and
WHEREAS, by this Agreement the cities hereto intend
to exercise their powers jointly to accomplish common objectives
but do not intend, however, to create an agency or entity
which is separate from such cities.
NOW THEREFORE, the parties agree as follows:
SECTION 1. AUTHORITY AND PURPOSE
This Agreement is made pursuant to the provisions of
Article 1, Chapter 5, Division 7, Title 1 of the Government
Code of the State of California (commencing with Section
6500) relating to the joint exercise of powers common to
the public agencies. The cities are each empowered to exercise
the powers within said Agreement. The purpose of this Agree-
ment is to -exercise such powers jointly in the development
-=- Res. No. 84-098/pg 4 of 16
i--20-&
and im lem.en-ation of a utl a
P p' tic an,. private partnership for
employment a -a' training programs under which local employment
needs and goals will be determined, and training and employ-
ment programs will be planned, developed and administered.
SECTION 2. JURISDICTION
The -geographic area to be served by this Agreement shall
be the area falling within the legal boundaries of the Cities
herein. In addition, the Consortium through its Administrator
shall have the power to contract with the County of Los
Angeles, the City of Los Angeles and/or` -the State of California
for purposes of providing services to the incorporated and
`unipcorporated areas of Los Angeles County which geo-
graphically adjoin the Cities in this consortium.
SECTION 3. TERM
This Agreement.shall become effective and binding upon
the parties hereto when each of the governing bodies of
the parties has authorized the execution of this Agreement
and the same has been executed by the duly authorized representative
of each of such parties. This Agreement shall continue
in effect until terminated in the manner hereinafter provided.
SECTION 4. BROWN ACT
All meetings of the Policy Board and the Private Industry
Council (PIC) including, without limitation, regular, adjourned
regular, and special meetings, shall be called, noticed,
held and conducted in accordance with the provisions of
the Ra-1ph M. Brown Act (commencing with §54950 of the Govern_
ment Code)._
SECTION 5. STRUCTURE OF THE CONSORTIUM
The Carson/Lomita/Torrance Consortium shall embody -three,.._
structures:
A. Policy Board
B. Private Industry Council (hereinafter referred to
as PIC)
Res. No. 84-098,/pg�5 sof 16
C. Administrative Entity
The functions and responsibilities of each are described
below.
A. POLICY BOARD
PURPOSE
This Consortium shall create a Policy Board made up
of an elected official of each participating public entity
for the purpose of overseeing the activities of the Administrative
Entity and to act in consort with the PIC in matters pertaining
to employment and training policy and implementation.
APPOINTMENT
The legislative body of each of the participating public
entities shall appoint one policy board member and one alternate
board member.
TERM
. - Each member of the Board shall serve a two-year term -
and each member shall serve at the pleasure of the appointing
authority.
VACANCIES
Vacancies during a term and successors following expiration
of the term of any member shall be filled in the same manner
as the original appointments.
COMPENSATION
Members shall receive no compensation.
VOTING
Each member shall have one vote. If a board member
cannot attend a meeting, the alternate attending shall be
fully empowered to act as the board member for the meeting
so attended.
RESPONSIBILITIES
It shall be the responsibility of the Policy Board to:
i
a. Recommend to their :respective City Council the appoint-
ment of members to the PIC in accordance with Section
102(a) of the Act and Section 5.B. of this Agreement;
b. Determine general program policy;
Res. No. 84-098/_pg 6 of,16
``
C. Approve the job training plan in conjunction with
the PIC;
d. Ensure that services rendered are in the best interest
of the SDA residents;
e. Evaluate program performance on a quarterly basis;
f. Make recommendations to the PIC and/or the Administrative
Entity for modifications to systems, procedures
and plans;
g. Ensure that all activities are carried out in accordance
_- - with the Act and -any other related legislation
MEETINGS-
The Policy Board shall provide for its regular, and
special meetings, provided, however, that it shall hold
at least one regular meeting in each year and such further
meetings as the parties may reasonably request. The dates
upon which, and the hour, date and place_at which any regular
meeting shall be held shall be fixed by the Policy Board
and copies filed with each party.
QUORUM
A majority of the Policy Board must be present to constitute
a quorum. No action will be valid unless it receives the
effective vote of themajority of those present.
MINUTES
The Secretary of the Policy Board shall cause to be
kept minutes of regular, adjourned regular, and special
meetings, ,and shall, as soon as possible after each meeting,
cause a copy of the minutes to be forwarded to each member
of the Board and to the Cities hereto.
OFFICERS
The Policy Board shall elect a Chairperson and Vice
Chairperson at its first meeting and thereafter at the first
meeting 'in each succeeding fiscal year the Policy Board
shallelect or re-elect its Chairperson and Vice -Chairperson.
- Res. No. 84-09$fpqQ_,7 of 16
L U - G
In the event that the Chairperson. or Vice -Chairperson elected
ceases to be a Board Member, the resulting vacancy shall
be filled at the -next regular meeting of the Policy Board
held after such vacancy occurs. In the absence or inability
of the Chairperson to act, the Vice -Chairperson shall act
as Chairperson. The Chairperson, or in his absence the
Vice -Chairperson, shall preside at and conduct all meetings
of the Policy Board. The Manpower Administrator shall be,
and act as, the Secretary of the Policy Board. The City
Treasurer of the City of Torrance shall be,_ and -act as,
the Treasurer of consortium. The Finance Director of the
City of Torrance sha=, and act as, the Controller of the
consortium pursuant to Government Code §6506.6.
LEGAL COUNSEL
The City Attorney of -the City of Torrance shall serve
as legal counsel to the consortium.
B. PRIVATE INDUSTRY COUNCIL
PURPOSE
Under Section 102 of the Act, the local elected officials
are responsible for the establishment of a Private Industry
Council, hereinafter referred to as the "PIC". the PIC serves
as the private sector partner with the consortium in matters
pertaining to employment and training and economic development.
RESPONSIBILITIES
a. In partnership with the Consortium, provide policy
guidance for, and exercise oversight of, activities
under the job training plan for the service delivery
area.
b. Work to increase the involvement of the business community
in the employment and training system.
C. Work to increase private sector employment opportunities
for eligible participants.
I
Res. No. 84-098/pg 8 of 16 -
�C - ' e
Initially the number of members appointed to the FIC is
determined by the local elected officials. Hereafter, the
size of the PIC shall be determined by the PIC in accordance
with Section 102(e) of the Act.
The composition of the PIC shall be in accordance with
applicable laws consisting of_a majority representation from
the private sector and representatives from education, labor
rehabilitation, public employment services, economic develop-
ment, welfare and community-based organizations.
PROPORTIONAL REPRESENTATION
Jurisdiction designation of seats shall be based on the
relative contribution to th.e service delivery -area in the
areas of total.populatipn, number of businesses, unemployed
and economically disadvantaged. Unless amended pursuant
to Section 14, the seats shall be designated as follows:
Area of
Representation
Torrance.
Carson
Lomita
Total
BUSINESS
Large Business,
S
Z
7
Small Business*
3
]
3
g
X10CATION
. Community College
Z
University System
-
1
Z
School Distsict/Skills
1
Center
]
1
DRCANIZED LABDR
1
1
ECONOPUC LEVEL.OPMWT
1
1
REfMILITATION AGENCY
]
1
FMLIC tXPIflY)MK-r
_
SERVICE AGENCY
1
1
COPM):ITY EASED
OW ANIZATIONS
Youth
]
Adult
1
1
Senior Ci stuns
1
1
_
1
FURLIC ASSISTANCE,
AGENCY
T'�tJ\IS
It
10
a
ZS
.*At least four (1) Of the total bUtinetE aKaxrahip should k, sinority
and en -owned Liusinetses.
Res. No. 84-098/pg 9 of 16
NOMINATION AND APPOINTMENT PROCESS
The Administrative Entity for the Consortium shall coordinate
the PIC nomination process in accordance with provisions of
the laws.
The Torrance, Carson and__Lomita Chambers of Commerce,
in cooperation with other local business groups, shall be
responsible for the nominations of business members.
Each city shall solicit the public member nominations
designated to them from interested -organizations or individuals.
The Policy Board shall review all nominations and make
__recommendations to each of the cities. Each City shall
independently approve the nominations and forward them to
the City of Torrance for final appointment.
The Policy Board shall maintain a list of interested and
appropriate candidates to be re-considered,as vacancies occur.
TERMS OF APPOINTMENT
Subsequent to the fixed and staggered terms of original
appointments, all terms shall be four years. In making appoint-
ments to fill unanticipated vacancies, if less than one year
remains in the unexpired term, a replacement may be appointed
for a full -four year term as well as the balance of the un-
expired term. If more than one year remains in the unexpired
term, a replacement may serve until the expiration of such
term of membership.
MEETINGS
The Private Industry Council shall hold at least one
-regular meeting every quarter. The date upon which, and the
hour and place which, each such regular meeting shall be held
shall be fixed by the PIC. The meetings shall be open and
accessible to the general public with notices published in
acordance with the provisions of the Brown Act.
Res. N0. 84=098/pg 10 of 16
MINUTES
All business meetings of the PIC shall cause minutes to
be kept and these minutes shall cause a copy to be forwarded
to each member of the PIC and Policy Board before the next
regular business meeting.
PIC/LEO AGREEMENT
Section 103 (b)(1) of the Act provides that an agreement
be drawn up between the PIC and the Chief local elected official.
The purpose of this agreement shall be to establish the relation-
_ _ ship detailed within this Joint Exercise of Powers Agreement
between the PIC and the City of Torrance. The agreement
shall be known as the PIC/LEO Agreement.
BYLAWS
The Private Industry Council shall adopt bylaws for the
conduct of business which shall not be inconsistent with the
provisions of the�Act or FESA and the PIC/LEO agreement.
STAFF
The Administrative Unit staff shall provide professional,
technical, and clerical assistance to the PIC for the ful-
fillment of its functions and responsibilities.
C. . ADMINISTRATTVF. F.NTTTV
Pursuant to Section 6506 of the Government Code, the City
of Torrance is designated as the Administrative Entity for
the consortium of general local governmental units participating
in -this Agreement and shall provide the program administration
necessary to implement the Service Delivery Area Programs,
under the direction of the Policy Board and the PIC.
SECTION 6. POWERS OF THE ADMINISTRATIVE ENTITY
The City of Torrance shall have the power to operate
a Service Delivery Area under the Act in the geographical
areas comprising the -incorporated Cities of Carson, Lomita
and Torrance.
The City of Torrance is authorized to do all acts necessary
■
I
Res. NO. 84-098/pg 11 of 16
7-20-84
for the exercise of said common powers for the common benefit
of the parties to this Agreement and the citizens thereof and
consistent with such federal and state funding provided under
the Act and FESA, to acquire by lease or purchase, buildings
or sites, and to maintain, operate, or lease the same for
public purposes and to purchase general liability insurance;
the City of Torrance is authorized to do all acts necessary
for the exercise of said common powers for said purposes,
- -including, but not limited to, any or all of the following:
to make and enter into contracts, to employ agents and employees,
to acquire, construct, manage, maintain, or operate any buildings,
facilities, works or improvements above enumerated; to acquire
property by lease or purchase; to hold or dispose of property
by lease or sale; to incur debts, liabilities or obligations
required by the exercise of these powers; and to sue to be
sued in its own name. Said powers shall be exercised in the
manner provided in said Act, and except as expressly set forth
herein, subject only to such restrictions upon the manner
of exercising such powers as are imposed upon the parties
in the exercise of similar powers.
The Administrative Entity shall not knowingly incur any
debt, liability, or obligation which is to be paid for or
reimbursed by other than federal, state or private funds
without the prior written consent -of -the party -to -be -charged.
SECTION 7. DISPOSITION OF ASSETS
At the end of -the term hereof or upon the "earlier term-
ination of this Agreement, all property -of the consortium
shall automatically vest in the party hereto which has hereto-
fore transferred said property to the consortium and shall
thereafter remain the so le property of said party. All other
Res. No. 84-098%pg 12 of 16
7 -2C -8 -
property of the consortium shall be returned to the parties in
proportion to their respective contributions to the cost of
acquisition of such property or as the Policy Board may direct.
SECTION 8. DISPOSITION OF FUNDS UPON TERMINATION
Upon termination of this Agreement, any money in possession
of the consortium after the payment of all costs, expenses
and charges validly incurred under this Agreement shall be
returned to the parties in proportion to their contribution
determined as of the time of termination.
SEC 'I ON 9. ASSISTANCE--TG:=ADMINISTRATIVE ENTITY
The parties may, -in appropriate circumstances: (a) make
contributions from their treasuries for the purposes set forth
herein; (b) make advarrces .of public funds for such -purposes
set forth in this Agreement on such terms of repayment as
may be agreed to between the Administrator and the party
making the advance; and (c) use their personnel, equipment or
property in lieu of other contributions or advances. Sums so
contributed or obtained shall be paid to and disbursed by the
Treasurer. The provisions of Government Code Section 6513
are hereby incorporated into this Agreement by reference.
SECTION 10. AUDIT DISALLOWED COSTS
The City. of Torrance shall purchase out of general fund
monies appropriate insurance to cover potential audit dis-
allowed costs. Each party to this Agreement shall pay its -
fair share of any disallowed costs not covered by the insurance
which is finally determined by the State of California or the
.Federal Government to be due and owing to the State or Federal
Government. The parties' fair share of disallowed costs shall
be expressed as a percentage of the amount of funds>allocated
to each city in relation to the total amount of funds allocated
to the consortium.
Res. No. 84-098Jpg 13 of 16
7-20-8z
The apportionment of disallowed costs incurred by the con-
sortium,and payable by the parties to this Agreement involving
Title II funds disallowed under the Act, shall be based upon the
allocation -formula which the State of California is obligated to
use in distributing funds to Service Delivery Areas as stated
in Section 202 (a)(2) of the Act.
SECTION 11. ACCOUNTS AND REPORTS
The Controller of the consortium shall establish and
maintain such funds and accounts as may be required by good
accounting practice. The books aid records of consortium
in the hands of the Controller shall be open to inspection
at all reasonable times by representatives of the parties.*
The Controller of the_ consortium, within 90 days after close
of each fiscal year, shall give a complete written report
of all financial activities for such fiscal year to the Man-
power Administrator and the parties. The Controller furthermore
shall either make or contract with a certified public accountant
to make an annual audit of the ac ounts and records of the
consortium. Said report shall be filed within twelve months
of the end of the fiscal year under examination. The audit
shall comply with Section 6505 of the Government Code.
Any costs of such audits, in luding contracts with or
employment of certified public ac ountants or public accountants
in making an audit pursuant to this section, shall be borne
by the consortium and shall be a barge against any unencumbered
funds of the consortium available for such purpose. -
The Treasurer of the consortium shall assume, the duties
described in California Governmen Code Section 6506.5 including
to wit: ;
(a) Receive and receipt for all money of consortium and
place it in the City_ of Torr nce treasury to the -credit
-- Res. No. 84-098/pg 14 of 16
'_ F
V 1 L
of consortium;
(b) Be responsible upon hi official bond for the safe-
keeping and disbursement ofall consortium money so held
by him;
(c) Pay sums due from consortium from consortium money,
only upon warrants of the Controller of consortium; and
(d) Verify and report, in Writing, on the first day of
May, August, November and Fgbruary of each year to
consortium and to the parties to this Agreement, the
amount of money he holds for consortium, the amount -of
receipts since his last report, and the amount paid out
since his_laat report.
SECTION 12. GENERAL LIABILITY INSURANCE
General liability insurance will be -on a comprehensive form
and will include errors and omissions and non -owned
automobile insurance. The policy shall have combined single
limits for bodily injury and property damage and shall
be in an amount of not less than I1$1,000,00.0.
SECTION 13. FUNDS AND PROPERTY
The Treasurer of the consortium shall have the custody
of and disburse consortium funds pursuant to .the accounting
procedures developed in accordance with the provisions herein-
above, and as nearly as possible n accordance with normal
City of Torrance procedures.
The Treasurer herein designa ed as the person responsible
for all monies of the consortium,lis also designated hereby
as responsible for all other prop�rty of the consortium.
SECTION 14. AMENDMENTS
This Agreement 'may be amende at any time by the written
agreement of all parties to it.
SECTION 15. NOTICES ;
Notices hereunder shall be sufficient if delivered to
the City Clerk of each of the memDer cities.
_ ■
M
Res. No. 84-098/pg 15 of 1&
SECTION ls. MISCELLANEOUS
The section headings herein are for convenience of refere-ce
only and are not to be construed as modifying or governing
the language or meaning in the section referred to.
Whenever in this Agreement any consent or approval is
required, the same shall not be unreasonably withheld.
This Agreement is made in the State of California under
the Constitution and laws of such State and is to be so construed.
SECTION 17. WITHDRAWAL
Any party to this Agreement may withdraw from the con-
sortium -by giving 90 days' written notice to the Administrator
of its intent -to cease participation in the consortium.
Provided, however, that the within Agreement shall continue in
full force and effect until all existing fiscal year contracts
for the provision of job training have been completed and no
party hereto may withdraw from said Agreement so long as any
such contract remains incomplete.
For the purpose of this Agreement, the term "fiscal year"
shall mean the period from July 1 to and including June 30
of the following year.
SECTION 18. SEVERABILITY
Should any part, -term or provision of this Agreement,
or the application therof to -.any person or circumstances,
be held to be illegal or in conflict with any law of the
State of California, or otherwise be rendered unenforceable
or ineffectual, the validity of the remaining parts, terms,
or provisions, or the application thereof to other persons
or circumstances, shall be deemed severable and shall not -
be affected thereby, provided such remaining portions or
provisions can be construed in substance to continue to
constitute the Agreement that the parties intended ao enter
into in the first instance.
Res. No. 84-098/pg 16 of 16
The ......_iniStratiVE Entity s.ricl.� 1nG'.emnify and hold harm-
less each of the other parties to this Agreement upon any
liability arising out of this Agreement for injury caused solely
(as between the parties to this Agreement) by a negligent
or wrongful act of omission of any officer or employee
of the Administrative Entity.
DATED: CITY OF CARSON
ATTEST:
L
9616n Kawagod,'City 1 rk
APPROVED AS TO FORM:
City Attorney
�JII
DATED:
ATTEST:
Dawn Tomita, City Cler
APPROVED AS TO FORM:
By
Kay C/alas, Mayor
CITY OF LOMITA
By
Harold Croyts, Mayor
Leland Dolley, City Attorney
DATED: CITY OF TORRANCE
ATTEST:
Donna Babb, City Clerk
APPROVED AS TO FORM:
Stanley E. Remelmeyer, City Attorney
PDU, : cw