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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