CC - 1976-66 - Mid-Valley Manpower Consortium Joint Powers Agreement•
RESOLUTION NO. 76-66
C
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD, CALIFORNIA, AUTHORIZING
EXECUTION OF THE MID-VALLEY MANPOWER
CONSORTIUM JOINT POWERS AGREEMENT AND
AUTHORIZING ROSEMEAD TO JOIN SAID CONSORTIUM
WHEREAS, Rosemead desires to become one of the parties to the
Joint Powers Agreement, establishing the Mid-Valley Manpower
Consortium as the local Prime Agent for the Comprehensive Employment
Training Act of 1973 (hereinafter CETA) Program; and
WHEREAS, Rosemead has already selected Mid-Valley as.its
preferred vehicle for implementing CETA;
NOW, THEREFORE, BE IT RESOLVED that:
1. The City of Rosemead does formally adopt the Mid-Valley Manpower
Consortium as its local Prime Agent for CETA Administration.
2. The Joint Powers Agreement dated June 2, 1975, and attached hereto
is hereby adopted, including the First and Second Addenda thereto.
3. The Mayor is hereby authorized to sign said Joint Powers Agreement.
PASSED, APPROVED, AND ADOPTED this 28th day of September, 1976.
By the following Vote:
AYES: Cichy, Hunter, Imperial, Trujillo
NOES: Taylor
ABSENT: None
MAYOR
ATTEST:
' _-~,k' 'cz . ea <."<ts n t .a.._.- :tie .:y ~s7+'._..
AN AGREEMENT BETWEEN THE CITIES OF BRAD-
13'Ulty, BALDVViN, :L _%IaN'1'1:.' ND
SOUTIi EL AIONTE CRLATING AN -AGENCY TO T3E
KNOWN AS ' !IL MID-VALLEY MANPMER CON-
SORTIUM
.2.
The Cities of Bradbury, Daldsvin Park, Duartc, El Monte and South Fl
Montc, municipal corporations, hereinafter referred to as "Mid-Valley Cities",
do hereby enter into the following agreement, executed this 2nd day of
June , 1975.
WITNESSETH
WHEREAS, the Congress of the United States has enacted the Compre-
hensive Employment and Training Act of 1973, hereinafter referred to as
"CETA"; and
WHEREAS, the purposes of CETA is to provide job training and employ-
ment opportunities for economically disadvantaged, unemployed and underem-
ployed persons, and to assure that training and other services lead to riaxi-
mum employment opportunities and enhance self-sufficiency by establi.s%',ing
a flexible and decentralized svstem of Federal, State and local programs; and
WHEREAS, the County of Los Angeles is the prime sponsor designated
by the United Stales Department of Labor to carry out a comprehensive man--
power program in the area governed by the Mid-Vallcy cities; and
WHEREAS, the United States Department of Labor policy- on administra-
tion of CETA funds is that monies should be systematicaiiy programmeu, to tnk~
most local levels of government; and
WHEREAS, cities are the level of government closest to the people; and
WHEREAS, the -Alid-Valley cities support the purpose of CETA and de-
sire to expand meaningful employment opportunities for their citizens; and
WHEREAS, active'participation in the CETA program supports the
League of California Cities' action policy calling for city assistance in the
social and economic concerns of its citizens; and
WHEREAS, the =slid-Valley cities recognize the value of more local
administration of CETA programs in maximizing services for, and meeting
necds of local residents; and
WHEREAS, an objective of Los A.ngclOs County's Comprehensive Nlan-
power Delivery System is to identify citi.cs operatinf; in consortia as local
government prime sponsors under the County's jurisdiction; and
WHEREAS,- the Mid-Vallcy cities have an e::isting successful coni;or-
tium relationship in their sponsorship of the Juvenile Diverson Project; and
WITERLAS, local prime sponsorship eli.c ibility requires the e:;tablish-
ment of an administrative mechanist,;
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3 3 NOW, THEREFOrZL, THE MID-VALLEY CITIES DO AGREE AS
1, OLLOWS:
SECTION 1. PURPOSE
This agreement is made for the purpose of enabling the parties
hereto to qualify for designation as a local prime sponsor within Los
''rxngeles County's Comprehensive Manpower Delivery System. The pro-
visions set forth in this agreement are created with the intention of ful-
filling CETA requirements for administration of comprehensive man-
uot°,,er progra.:s.
SECTION 2. TERMS
This Agreement shall become effective as of the date of execution
hereof and shall continue in full force and effect until terminated by the
mutual agreement of the parties hereto. Any party may withdraw from
the Agreement at any anniversary date thereof, by resolution adopted by
the City Council of said party. Any additional city play be made a party
to this Agreement upon the mutual agreement of the parties hereto.
SECTION 3. CREATION OF CONSORTIUM
There is hereby created a public entity, separate and apart from
the parties hereto, to be knovm as the Ylid-Valley iVlanpower Consortium
hereinafter called "Consortiums'. The debts, liabilities and obligations
of the Consortium do not constitute debts, liabilities or obligations of any
party hereto.
SECTION -4. BOARD OF DIRECTORS
A', Members of the Board
The Consortium shall be governed by a Board of Directors consist-
ing of ten members; 2 members appointed by each City Council which is a
party to this agreement. The Board shall be called the Consortium L`:ecu-
tive Board. The term of membership shall be as outlined in the By-lams of
the agency. Board members shall receive no compensation.
B,- By-laws
By-laws for the Consortium shall be adopted by the Consortium L'xe-
cutive Board. The by-la-xs shall establish policies by which the Corisortii:m
will be governed, and business conducted, includir,r', but not limited to, the
assignment of powers and authority of respective parties, functions and
responsibilities of officers of the Board and designation of regular meetings.
C. Reetings of the Board
1, Regular meetings
The 13oard shall hold at lea-t one regular rneeting in
each month ali such further mcctinfs 7tS the }:arties hereto
request dcpceding upon Lhc: pressure of business.
D, Officers
The I?oard shall elect a chairman, vice-chairman, secretary and
+xcasurer at its first mceLii:1.1, '111(1 tlic•cc:tftr:r as dctormined by tilt: ry-law. i.
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r E. Employment of Personnel
The Board may employ such personnel as it deems necessary to
exercise its powers, duties and functions as prescribed by CETA and all
other laws applicable thereto.
F. Host City
The Board may designate a city which is a party to this agreement as
Host City for purposes of contractual arrangements with the County of Los
Angeles in the administration of a comprehensive manpower program.
SECTION 5. ADVISORY COUNCIL
In accordance with the provisions of Section 104 of CETA, the Board
shall establish a manpower planning council to be called the "Mid-Valley
manpower Advisory Council", hereinafter referred to as "Advisory Council".
The Advisory Council shall consist, to the extent practical, of members who
are representative of the client community, community-based organizations,
the employment service, education and training agencies and institutions,
business, labor and where appropriate, agriculture. The mix of represen-
tation shall be determined by the Board. The Board shall appoint the members
of the Advisory Council, designate the chairman and provide professional,
technical and clerical staff to serve the Advisory Council. It is the function
of the Advisory Council to submit recommendations r.•egarding program plans
and basic goals, policies and procedures, to monitor acid provide for objec-
tive evaluations of employment and training programs conducted in the con-
sortium area and to provide for continuing analyses of needs for emplo;;rnent,
training and related services in such area. Any final decision with respect
al be m."..C:.. by b3 ti,C Rp.'-'_r _ d "e esont,nocr parties
tU Such Sr+u1i mad--
Ole i._r ._hereto.
SECTION 6. POWERS AND DUTIES OF THE CONISORTiUM
The Consortium shall have the power to plan, develop and administer
a comprehensive manpower program for the benefit of the cities who are
parties to this Agreement and the citizens thereof, in accordance with the
provisions of CETA and Los Angeles County prime sponsorship. It shall
be responsible for all CETA funds granted to the Mid-Valley Cities and
shall expend such funds according to a comprehensive manpower plan
agreed upon by representatives of the parties hereto. It shall be authorized
to do all acts necessary to implement a plan for optimum employment, train-
ing and related services to the citizens of the Mid-Valley Cities, including,
but not limited to, the following: to rnake and enter into contracts; to acquire
by lease or pur'ch'ase buildings or sites and to maintain or- operate any and
all buildings, facilities, works or improvements above enurn(:~rated; to em-
ploy agents and emplovecs, to incur debts, liabilities or obligations required
by the exercise of these powers, and to scie-and be sued in its own name.
SECTION 7. CITY CONTRIBUTIONS
To the extent authorized by the city councils of the Mid-Valley Cities,
.,aid cities may provide.
(a) Contributions fro*n i:heir resPcctivc treasuries for th .
purposes set forth in this .~.I(;rcerricint.
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z (b) Paymen is of public funds to defray the costs of such purposes.
(c) Advances of public funds for the purposes set forth in this
Agreement, such advances to be repaid as funds are avail-
able for such repayment and as ordered by the Consortium
Executive Board.
(d) Personnel, equipment or property for-the purposes set forth
in this _Agreement. 6504)
SECTION 8., ACCOUNTABILITY, REPORTS AND AUDITS
The Consortium shall strictly account for all funds and prepare reports
of all receipts and. disbursements. An annual audit shall be made as required
by the provisions of Government Code 6505 and 6505.5.
SECTION 9. TREASURER
The Treasurer of the City of El Monte shall be the depositary and have
custody of all the money of the Consortium, from whatever source. Said
Treasurer shall carry out his duties in accordance with the provisions of
Government Code § 6505. 5. The Consortium Executive Board shall also ap-
point a Controller, who shall be of the same public agency as the Treasurer
designated depositary pursuant to this section. Said Controller shall draw
warrants to pay demands against the Consortium when the demands have
been approved by the Consortium Executive Board- The City Council of the
said City of El Monte shall determine any charges made against the Consor-
tium for the services of the Treasurer and Controller. 6505. 5)
SECTION 10. DISPOSITION OF PROPERTY
At the termination or other conclusion of this Consortium, the property
acquired as the result of the joint exercise of powers shall be disposed of,
divided or distributed as may be determined by the Consortium Executive
Board. Should there be any surplus money on nand at such time which cvas
contributed by the member cities, such surplus money shall be returned in
proportion to the contributions made. 6511 and 6512)
SECTION 11. LOCAL JURISDICTION
Notwithstanding anything to the contrary herein contained, the Consor-
- tium shall not exercise any of its powers within the geographical jurisdiction
of any member city over the objections of the city council of that city.
SECTION 12.. ALLOCATION OF FUNDS
The manpower plan to be approved by the Consortium Executive Board
shall allocate funds according to a fair-share formula, giving due consideration
to each member city's entitlement as determined by the County of Los Angeles
or by the Department of Labor.
SECTION 13. SEVERABILITY
Should any part, term or provision of this Agre:_mcr.t be decided by
the courts to be illegal or in conflict ',71t11 any la` of the State of California,
or other%vise be rendered unenforceable or inc,`Iectual, the validity of the
remaining portions or provisions shall not be affected thereby.
_e_
IN WITNESS W EREOF, the parties hereto have caused this Agree-
ment to be executed and attested by their proper officers thereunto duly
EL uthorized, their official seals to be hereto affixed, as of the date first
above written.
CITY OF BRADBURY
a~•
ATT?- ST-
Citx Clerk
ATTEST:
City Clerk
1 ~
Byt'.f:-~ i l r~ l(n.Q,Cyt~
Mayor PRO TEM
CITY OF BALDWIN PARK
Mayor
CITY OF D,UARTE
By i
ATTES J Nlayor.
City•Clerk
CITY OF EL MONTE
ATTm:ST:
. -~tJej
Deputy Cit erl:
V -
Mayor
CITY OF SOUTH EL MONTE
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Ile d ADDEI :G u_
7 MID-VALLEY MANPOWER CONSORTIUM
WIIFREAS, the Cities of Bradbury, Baldwin Park, Duarte, El Monte and
South El Monte by Agreement executed the clay of , 1975,
created an agency known as the Rid-Valley Manpower Consortium; and,
WHEREAS, minor addenda to said Agreement are necessitated by the cri-
teria for the Com-irehensive Employment and Training Act Planning Project Contract
heretofore applied for and executed;
NOW, TIEREFURE, each of the foregoing, Cities hereby agree that afore-
said Agreement executed by them is hereby amended by adding thereto the following
addenda:
SECTION 2 thereof entitled "Term", by adding thereto the following:
"Provided, however, that the within Agreement shall continue in
full force and effect until any Project Contract executed by the Consortium has
been completed, and no party thereto may withdraw from said Agreement so long.a.s
any Project Contract executed by it remains uncompleted; provided, further, that
no additional city may be made a party to said Agreement so long as any Project
Contract executed by it remains uncompleted."
SECTION 3 thereof entitled "Creation of Consortium", by adding thereto:
"ex^ept to the extent that any individual member or members may
agree to the contrary."
SECTION 5 thereof entitled "Advisory Council", by adding thereto the
fog? owing :
"Notwithstanding the provisions of this Section, the composition of the
.Advisory Council shall in any event meet and fulfill ail the criteria established
by the County of Los Angeles for any Project Contrast."
SECTION 10 thereof entitled "Disposition of Property", by adding thereto
the words:
"Provided, ho:rever, that all unexpended moneys received by the Consortium
from the County of Los Angcles and all property purchased cut of grant funds re-
ceived by the Consortium through the County of Los Angeles shall revert to the
County of Los Angeles."
SECTION 11 thereof entitled "Local Jurisdiction", by adding thereto the
words:
"Provided, however, that nothing in this Section shall preclude the Con
sortium from exercising any of its pcwers within the geographical jurisdiction of
env member city to the extent necessary to effectively carry out the provisions
and purposes of any Project Contrast executed by the Consortium."
IN WITNESS WIIEREOr the parties hereto have caused the foregoing Addenda
to be approved and made a part of the aforesaid Consortium Agreement by the proper
officers thereto duly authorized and their official seals hereto affixed, as of
the date of
/9.~p(o-bb
ADDENDA TO
South El Monte by Agreement executed the, 2nd day of June, 1975, created
WHEREAS, the Cities of Bradbury, Baldwin Park, Duarte, E1 Monte and
an'agency known as the Mid-Valley Manpower Consortium; and,
WHEREAS, minor addenda to said Agreement are necessitated by the cri-
teria for the Comprehensive Employment and Training Act Contract heretofore
applied for and executed;
NOW, THEREFORE, each of the foregoing Cities hereby agree that afore-
said Agreement executed by them is hereby amended by adding thereto the following
addenda:
Rosemead Copy
MID-VALLEY MANPOWER CONSORTIUM AGREEMENT
PREFACE, by amending thereto the following:
"AN AGREEMENT BETWEEN THE CITIES OF BRADBURY, BALDWIN PARK,
DUARTE, EL MONTE, SOUTH EL MONTE AND ROSEMEAD CREATING AN AGENCY TO BE KNOWN
AS THE MID-VALLEY MANPOWER CONSORTIUM."
IN WITNESS WHEREOF the parties hereto have caused the foregoing Addenda
to be approved and made a part of the aforesaid Consortium Agreement by the proper-
officers hereto duly authorized and their official seals hereto affixed, as of
the date of