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HomeMy WebLinkAboutItem 7.2 Amend ACTEB/ACAP JPA (2) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 23 , 1984 SUBJECT Alameda County Training & Employment Board (ACTEB)/ Associated Community Action Program (ACAP) Joint Powers Agreement (JPA) Amendment EXHIBITS ATTACHED Letter from Chairman of the ACTEB/ACAP Governing Board dated July 5 , 1984 ; Recommended Action Items of the Adhoc Berkeley/ACTEB Resolution Committee; Side Agreement between ACTEB and the City of Berkeley; Amendment to JPA; Resolution RECOMMENDATION Adopt Resolution authorizing Mayor to execute Amendment to JPA FINANCIAL STATEMENT: Potential liability to City for misspent federal funds DESCRIPTION At its meeting of March 26 , 1984 , the Dublin City Council rescinded a resolution which it previously adopted approving an amendment to the Joint Powers Agreement for participation in the Alameda County Training and Employment Board (ACTEB )/Associated Community Action Program (ACAP ) . This action was taken by the City Council to reduce the City ' s potential liability stemming from a lawsuit brought by the City of Berkeley against the Alameda County Training and Employment Board and all of its members . This lawsuit resulted from a dispute between the City of Berkeley and the Alameda County Training and Employment Board over the amount of funding that the City of Berkeley was to receive from this program and also the question of Berkeley' s ability to become a member of the Board. Over the last several months , the City of Berkeley and representatives from the Alameda County Training and Employment Board have negotiated a resolution to this dispute . This resolution is reflected in a "Side Agreement" on which the City of Berkeley and ACTEB have agreed. There have also been changes to the Amendment to the Joint Powers Agreement which reflect Berkeley' s status in the Consortium. The settlement between ACTEB and Berkeley does not effect the allocation to the Valley Cities, with the exception of the loss of one vote by the City of Livermore on the ACTEB Board . As indicated in the Staff Report in March of this year , this Amendment to the Joint Powers Agreement will update the language of the JPA in order to more accurately reflect the agency ' s funding sources . The Amendment will also include the City of Dublin as well as all other member governments as official signatories to the JPA. This Amendment will also combine the current separate ACTEB and ACAP JPA ' s into one consolidated agreement which more accurately reflects the fact that ACTEB/ACAP is one, not two, agencies . Since the problem with the City of Berkeley has been resolved and further , that this program does provide services to residents of the Valley, it is Staff ' s recommendation that the City Council adopt the attached resolution authorizing the Mayor to execute the Amendment to the Joint Powers Agreement . ---------------------------------------------------------------------------- COPIES TO: ITEM NO. RESOLUTION NO. - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN -------------------------------------- APPROVING THE AMENDMENT TO THE ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD/ASSOCIATED COMMUNITY ACTION PROGRAM JOINT POWERS AGREEMENT WHEREAS, the City of Dublin is a member of the Consortium establishing the Alameda County Training and Employment Board (ACTEB) , the designated employment and training agency in Alameda County; and WHEREAS, the Consortium comprised of thirteen Alameda County cities and the unincorporated area of Alameda County was formed for the expressed purpose of providing comprehensive employment and training services to the economically disad- vantaged, underemployed, and unemployed persons of Alameda County; and WHEREAS, the City Council of the City of Dublin wishes to participate in this Consortium in order that there might be employment and training services provided to the community. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the attached amendment to the Alameda County Training and Employment Board/Associated Community Action Program Joint Powers Agreement and agrees to its continued membership in that Consortium. BE IT FURTHER RESOLVED that the City Council of the City of Dublin also agrees to permit the ACTEB and the ACAP Governing Boards to make any minor and insubstantial editorial changes to the JPA Amendment which would clarify the roles, duties, and powers of the ACTEB and ACAP governing boards, vis-a-vis the City of Berkeley' s participation. PASSED, APPROVED AND ADOPTED this 23rd day of July, .1984 . AYES : NOES : ABSENT: Mayor ATTEST : City Clerk Alameda County Training and Employment Board AC ACTEB Associated Community Action Program July 5 , 1984 C Governing � f r Board `��L 101984 To: Mayors, Member Governments C!T Steven Eigenberg Y of DUB���, Chairman Councilman Piedmont Donald W. McGue Subject : City of Berkeley - Resolution Vice-Chairman Councilman San Leandro Enclosed herewith please find the following documents relating Shirley Campbell to the resolution reached with the C1t1,' of Berkeley. Councilwoman Hayward 1. Recommended Action Items :of the Ad Hoc Berkeley,/A.CTEB Wallace E. Fox Resolution Committee, exalaining the Settlement Plan. In Councilman summary, the" Settlement Plan involves the execution. of a Emeryville it i side agreement�� between ACTEB and the City cf Berkeley Yoshio Fujiwara which sets forth the ' manner in ' which funding for services Councilman to Berkeley residents shall be allocated for Plan ;ears Fremont 1984-1985 and 1935-1986 , which avoids the necessity for Tom Kitayama ma]or mod, fi cations to the Joint Powers Agreement.+ Mayor Union City 2 . The "side agreement" for execution by the Cite Of Karim Lucas Councilmember Perkeley and ACTEB, which reflects the negotiated settle- Alameda ment arrived at for the Plan Years 1.984-1985 and 1985-19866. It is hoped by the settlement negotiations teams for both Paul Moffatt Darties that over the coming two ears , an atmosphere of Councilman Y Dublin mutual trust will develop to the point that if Berkeley does not obtain independent SDA status before the Pian Year Robert E. Nichols Councilman 1986-1 98 , and.d subsequen t, that no further "side agreeinp nts" Albany w11.1 be necessary. , Charles Santana Supervisor 3 . Proposed modifications to the Joint Powers Agreement Alameda County which reflect (1) editorial changes necessitated by Shirley D. Sisk Eerkelev r s inclusion; (21 ) the existence of the settle— Councilwoman m`nt agreement, which is incorporated by re-Ference; (3) Newark Berkeley r s participation as an ACTEB government only, with John Stein no involvement in , or liability for, ACA? activities ; Councilman (4) a "hold harmless" provision for ACAP act'—vities; and Livermore 5 ) a p•rovisior_ permitting t1he City cf Berkrlev to with- Walter C. Wood draw from the point powers agency if in 1986-1987 or Councilman subsequent years no agree i'n-nt is reached with ^ a Pleasanton " rGg .'u )b training D!_ans . Robert L. Bloom Executive Director ACTEB/ACAP • 26240 Industrial Boulevard • Hayward, California 94545 (415) 881.6400 6-27-84 Because of the extreme time constraints under which we have been working, there may be some remaining minor ambiguities in the Joint Powers Agreement that have escaped our notice, particularly regarding the powers of the ACTEB and the ACAP Governing Boards , now that the City of Berkeley has joined " the ACTEB, but not the ACAP , consortium, and our counsel will be reviewing this language at length with counsel for the City of Berkeley in the next few days. Therefore, it is suggested that the modifications to the Joint Powers Agree- ment be adopted "as is , " with the resolution containing language that will permit any minor and insubstantial editorial changes to' clarify the roles, duties, and powers of the ACTEB and ACAP Governing Boards vis-a-vis the City of Berkeley' s participation. . This settlement agreement, and the modifications to the Joint Powers Agreement, will permit all of us to put this dispute behind us , and devote our full attention and energies to serving the citizens of Alameda County. In order to facilitate the implementation of this settlement agreement, we request that the execution of the amended Joint Powers Agreement be placed on the agenda for your next City Council meeting. If you have any questions regarding the Joint Powers Agreement, please contact me at 655-7810 or the Agency Executive Director, Robert L. Bloom, at 861-6066 . Sincerely, Steven Eigen g Chairman, ACTEB/ACAP Governing Board SE:ch cc : Member Government City Managers ACTEB/ACAP Governing Board Members 2 - ACTEB GOVERNING BOARD WEIGHTED VOTE JAN. '84 PERCENT OF CURRENT REVISED POPULATION POPULATION VOTES VOTES Alameda County 113,943 13.88299 16 14 Alameda 74,887 9. 12435 10 9 Albany 15,310 1 .86539 2 2 Berkeley 106,453 12.97040 -0- 13 Dublin 15,557 1 .89549 2 2 Emeryville 3,968 .48347 1 1 Fremont 143,199 17.44759 20 17 Hayward 98,683 12.02369 14 12 Livermore 51 ,946 6.32918 7 6 _ Newark 35,596 4.33707 5 4 - Piedmont 10,529 1 .28287 - 2 1 Pleasanton 38,331 4.67031 5 5 San Leandro 66,378 8.08760 10 8 Union City 45,958 5.59959 6 6 820,738 99.99999 100 100 JSS 6/8/84 *NOTE: This is the newly updated vote structure for the ACTEB Governing Board. This is not a part of the JPA, but is being included for your information. r APPROVEi, BY GOVERNING BOARD June 27, 1984 ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD/ ASSOCIATED COMMUNITY ACTION PROGRAM RECOMMENDED ACTION ITEMS OF THE AD HOC BERKELEY/ACTEB RESOLUTION COMMITTEE Settlement Plan of June 19, 1984 A. ACTEB/ACAP Joint Powers Agreement Amendment Approve the attached, revised amendment for Agency staff to forward to all fourteen jurisdictions for immediate place- ment on their council agenda sof ratification. Item B, which follows, is incorporated by reference. B. Job Training Agreement Between Current ACTEB Membership, the Alameda County PIC, and the City of Berkeley. Approve the attached "Terms Governing the City of Berkeley' s Participation in the ACTEB Consortium" as a two-year "side agreement" to the JPA. Approve ACTEB Chair to sign agreement. Route Agreement to PIC and City of Berkeley for ratification. C. Specific Funding Actions for Title IIB SYETP 1. Approve decrease in ' funds for the following agencies, as outlined in attached Chart A. Prior New Funding Funding - Resources for Family Development $10, 000 $ 7 ,881 - ACTEB Job Training Centers $60,000 $47 ,286 Rationale: Insufficient federal funds available based on settlement of disputes between Berkeley and consortium governments. 2 . Approve increase in funding for the City of Berkeley, as outlined in attached Chart A. Prior Funding New Funding $318 , 503 $334,117 Rationale : Increased funding awarded based on settlement of disputes. 3 . Consistent with PIC/Governing Board actions of May, 1984 regarding allocation of increased supplemental SYETP funds, approve application of same allocation policies to the receipt of additional funds to serve Berkeley residents. Rationale : Consistent with settlement terms. - 1 - D. Specific Funding Actions for Program Year 1984-1985 Title IIA 78% Funds 1. Approve decreases in funds for the following agencies , as outlined in attached Chsrt B. Such decreases will all occur within original North Cities allocations. Prior New Funding Funding - Resources for Family Development $137, 017 $107, 983 - Alameda County Superintendent of $457,093 $373, 349 Schools (Student Placements) - ACTEB Job Training Centers $300, 000 $268 ,215 - ACTEB, Administration $416,752 $357 ,242 Rationale: Insufficient federal funds available based on settlement of dispute between Berkeley and consortium governments. 2 . Add the following stipulation to the Alameda County Superintendent of Schools In-School Youth contract: "Contractor shall enter into arrangements with the Berkeley Unified School District to serve eligible Berkeley youth with services and activities targeted at $54, 990. This target is for planning purposes only and is not subject to audit exceptions for failure to attain an exact fund expenditure. " Rationale: This action does not alter funding levels but targets resources consistent with the settlement plan. 3. Provide funding to the City of Berkeley on a sole-source procurement basis, to act as a Program Agent and deliver job training services primarily to its own residents as part of an over-all system of City-sponsored human services. Funding levels and targeted activities are consistent with Chart B, attached. Funding Level $603 , 930. 00 Rationale: Under terms of the JTPA and California ' s imple- mentation of JTPA, a public emergency was about to occur in ACTEB' s service area were there not settlement reached with Berkeley prior to July 1, 1984. The ACTEB consortium was facing a very real danger of dissolution and restructuring by the Governor in order that services to participants not be interrupted. Time became critical if ACTEB was to settle with Berkeley. Therefore , sole-source selection of Berkeley 2 - to receive funds is warranted and in compliance with the follow- ing criteria for use of sole-source selections, "public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive solicitation. " RLB:ch June 26, 1984 3 - CHART A ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD Revised 1984 SYETP Allocations Providing Berkeley Increased Funds To Enroll Participants Total 21 .19%l Remainder Berk. Share TOTAL FUNDS $1 , 762 ,266 $ 373, 424 $1 ,388 ,842 ADMINISTRATION (15%) - 264 , 339 -56 , 013 - 208, 326 PROGRAM FUNDS 1, 497, 927 317, 411 $1,180,516 D A B C Revised Approved Berkeley Remaining Approved Totals Share Total Totals A. CENTRAL SERVICES 1. Certifications $ 60 , 000 $ 12 , 714 $ 47 ,286 $ 12 , 714 2 . Childcare 10 , 000 2 ,119 7 , 881 2 ,119 70, 000 14 , 833 55,167 14 , 833 Plus 5% Admin. 3 , 684 781 2 , 903 781 737 T8 4 a) 15, 614 a) 58 , 070 a) $ 15 , 614 (a) B. SUBCONTRACTS - Program $1, 427, 927 $ 302 ,578 $1,125 , 349 302 ,578 - Admin. (5%) 75 , 154 15 , 925 59 ,229 15 , 925 $1, 503 , 081 b) $ 318 ,503 b.) $1 ,184 ,578 b) $ 318 ,503 (b) C. TOTAL SUBCONTRACTED $1 ,576 , 765 $ 334 ,117 $1 , 242 , 648 334 ,117 (a + b) D. ACTEB ADMIN- $ 185 , 501 $ 39 , 307 $ 146 ,194 $ 39,307 ISTRATION (10. 53%) (10. 53%) (10. 53%) (10. 53%) E. BERKELEY ADMIN. $ 16 , 706 •.1 ( 4 . 47%) 1 Source : EDD-ED&R Calculation of Three-Part JTPA allocation formula : March 1984 . Equates to share devoted to Berkeley residents Page 1 of 2 3 NOTATIONS : 1 . Berkeley ' s share of Certification funds will be included within City of Berke ey s subcontract in order to serve additional youth. City of Berkeley JTPA staff will provide quality control final certifications for all its SYETP participants , in coordination with ACTEB Job Training Center staff. 2 . Berkeley' s share of Childcare funds will be included within City of Berkeley ' s subcontract, in order to serve additional youth. City of Berkeley will con- tractually oblige itself to provide childcare assistance to SYETP participants in need of such services to a level not less than this $2 , 119 on an as-needed, as requested basis . 3 . The City of Berkeley will provide appropriate financial "hold-harmless" language in its sub- contract to protect ACTEB against any disallowances associated with the City of Berkeley performing final certifications. 4 . The City of Berkeley' s revised allocation will be as follows : Program Funds . . . . . $317, 411 Administration (5%) 16 , 706 Total $334 ,117 5 . ACTEB will need to revise other contractors ' budgets as follows to accommodate adjustments . ACTEB-JTC - Reduction of $12 , 714 Resources for Reduction of S 2 , 119 Family Development - R.L3 : c Z June 8 , 1984 _ ace 2 0= 2 CHART B ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD Revised 1984 IIA 78% Allocations Providing City of Berkeley Allocations as a Program Agent Total 21'19° Remainder Berk.Share TOTAL FUNDS $3, 744 , 513 $ 793,462 $2 , 951, 051 ADMIN. (15%) 561 , 676 119,019 442 ,657 PROGRAM FUNDS $3 ,182 , 837 $ 674,443 $2,508 ,394 D A B C Revi.se Approved Berkeley Remaining Approved Totals Share Total Totals A. CENTRAL SERVICES 1. Certifications $ 300 , 000 $ 63,570 $ 236,430 $ 31 , 785 2 . Childcare 137 , 017 29,034* 107, 983 29, 034 3. Hard-to-Serve 22 , 000 4 , 662* 17, 338 4 , 662 4 . Job Search 43, 000 9,112 33, 888 J0 5. Business Outreach 65, 000 13,773 51,227 6 . Job Development 35, 000 7,416 27,584 602 , 017 127,567 474, 450 65 ,481 Plus Admin. (50) 31, 685 6 , 714 24 , 971 - $ 633 , 702 a) 134 ,281 a) 499,421 a) 65,481 (a) B. AREA-WIDE PROGRAM 1. OJT/Ind. Ref. 175 , 271 37,140* 138 ,131 37 ,140 2 . Private Sect. Prog. 100, 000 21,190** 78 , 810 21 ,190 3 . Student Placement 457 , 093 83,7442 373,349 83, 744 4 . In-School Youth 225 , 000 54, 9902 170 , 010 '0 5 . Out-of-School Youth 709 , 694 181, 8532 527, 841 181, 853 $1, 667 , 058 $378, 917 $1, 288 ,141 $ 323 , 927 Plus Admin. (5%) 87 , 740 19, 943 67 ,797 - 1, 754 , 798 b) $398 ,860b)$1, 355 , 938 b) $ 323 , 927 (b) C. TRAINING for INDUSTRY $ 939 , 261 c) $155, 0122 c) 784 ,249c $ 155 , 012 8, 158 - Plus Admin. for $163,170 155, 012 (c) Berkeley (5%) 5 D. TOTAL SUB- $3, 327, 761 $696,311 $2 , 639, 608 $ 544 ,420 CONTRACTED (a+b+c) E. ACTEB ADMIN. $ 416 , 752 $ 84 ,204**$ 332 , 548 $ 59 509 (11 . 13%) (10.6% ) (11 . 2%)';) (7 . �%) F. BERKELEY ADMIN. $ 59 , 510 (7. 5%) * Activities and Funds to be shifted to City of Berkeley. ** Remaining bal. of $12 ,204 devoted to other youth progs. in No .Cities out of B. 3-5 . Paae 1 of 3 1 . Source : EDD_ED&R Calculation of Three-Part JTPA allocation formula. March 1984 . Equates to share devoted to Berkeley residents. 2 Original ACTEB funding share computed on 20. 85% Berkeley share and with adjustment to provide 64. 22% service to youth. Recom- putation of Berkeley' s share at 21.19% would require complete redistribution of monies affecting upwards of 19 other pro- gram operators ' funding awards. Original 20. 85% remains as allocation basis. 5 City of Berkeley share should this activity be conducted on a line- item, reimbursement basis instead of a fixed-price, performance contract. NOTATIONS 1. City of Berkeley is to exercise flexibility in determining final amounts devoted to strategies of Hard-to-Serve services, OJT/ Individual Referrals , Private Sector Programs , Student Placement and Training for Industry. Revised allocations are to be reported to ACTEB as soon as possible to be incorporated into Job Training Plan; 2 . Berkeley' s share of Childcare funds will be included within City of Berkeley' s subcontract, in order to serve additional parti- cipants. City of Berkeley will contractually oblige itself to provide childcare assistance to participants in need of such services to a level not less than this $29, 034 on an as-needed, as-requested basis. 4 . ACTEB will need to revise other contractors' budgets as follows i to accommodate adjustments. Resources for Family Development - Reduction of $29, 034 Alameda County Superintendent - Reduction of $83 ,744 in of Schools master Student Placement Contract North Cities School Districts - Reductions to adjust North (Emeryville, Alameda, East Bay Cities allocations for Skills Center) Student Placement Program 5 . City of Berkeley will retain the Private Sector Programs funds as a set-aside which is to be available for demonstration efforts responsive to specific employers who approach Berkeley (or ACTEB) for job training assistance. Pace 2 of 3 6. City of Berkeley is to establish cooperative relationship and contract with Berkeley Unified School District to conduct a Job Placement for Students program similar to that operated with other schools . 7. Any deviations from existing ACTEB policies, guidelines, approved strategies, etc. that the City of Berkeley wishes to implement must receive prior approval from the Governing Board and the Private Industry Council. RLB:ch June 26 , 1984 Pace 3 of 3 j ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD and CITY OF BERKELEY Terms Governing the City of Berkeley's Pariticpation in the ACTEB consortium This agreement is made and entered into between the ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD (hereinafter ACTEB) Governing Board, consisting of elected official representatives of the County of Alameda, and the cities of Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Piedmont, Pleasanton, San Leandro and Union City,on behalf of these jusrisdictions;the CITY OF BERKELEY, and the ALAMEDA COUNTY PRIVATE INDUSTRY COUNSEL (hereinafter PIC) to state the arrangements to be maintained for the delivery of federal Job Training Partnership Act (hereinafter JTPA) services to residents of the City of Berkeley for the period of July 1, 1984, through June, 30, 1986 , I. PURPOSE AND GOALS. This agreement Sets forth the terms upon which JTPA funds received by ACTEB as a matter of right or entitlement as a result of Berkeley's inclusion in the Alameda County Service Delivery shallbe disbursed and services shall be provided to residents of the City of Berkeley for the period beginning Julyl, 1984 through June 30,1986, and serves as an addendum to the Joint Powers Agreement (herein- after JPA) , as amended, in which it is incorporated by reference. II . TERM This agreement shall govern JTPA funds disbursed for program years 1984-85 and 1985-86. III. SCOPE This agreement shall govern the manner in which - funds received by ACTT$ as a matter of right or entitlement as a result of the City of Berkeley's inclusion in- the Alameda County Service Delivery Area are disbursed except for the following programs, which will be administered on an service delivery area (hereinafter SM) wide basis: (1) Dislocated Workers Projects (principally JTPA Title III); (Z) Older Worker Programs through JTPA Title IIA 3% funds; and (3) State Education Coordination Grant (hereinafter SECG) 8% programs, which will involve public school districts that serve residents of the City of Berkeley working with ACI'F.�Q (b) All JTPA Discretionary grants, or other job training-related discretionary grants shall be sought out, developed and implemented based upon individual decisions to be made by the ACTS Governing Board and the PIC at the time of the development of each grant. i N. F'ORMJIA FOR AIMCAMG FUNDS TO BERKELEY The entitlement funds which are received by ACTEB as a result of Berkeley's inclusion in the Alameda County SDA (hereinafter 'City of Berkeley's share') shall be calculated by subtracting the amounts which ACM would have received from the State if Berkeley had been as a separate SDA from funds which ACTES wi11 actually receive in any given program year. Plans for the Program Year 1984-19 95 will be developed and implemented on the following basis: (a) TheCity of Berkeley's share of funds as of the date of execution of this agreement is 21.19%. (b) 'The City of Berkeley's share of admin- istrative funds shall be divided equally, to wit, 50% to ACTEB, and 50% to the City of Berkeley. For purposes of this agreement, administrative funds constitute the maximum percentage of total funds which may be disbursed for administration under federal or state law. (c) After subtracting the maximum allocation for administration out of the City of Berkeley's share, the City of Berkeley s.`3all receive 80.71 of the remaining funds, provided that the Office of the Alameda County Superintendant of Schools shall administer an area-wide in-school youth program which shall be funded in proportion to the City of Berkeley's share of funds allocatedforthat purpose under the present ACS 1984-85 plan, and the office of the Superintendant shall assure that the City of Berkeley's share of f=)ds shall be disbursed to the Berkeley Qnified School District to serve Berkeley youth. (d) With the remaining portion of Berkeley's share of program funds, ACTEB shall offer job search workshops, job development and business outreach activities to eligible Berkeley residents with funds in asum equal to the City of Berkeley's share of the total ALTER funds devoted to these activities. (e); The City of Berkeley shall disburse the funds it receives to fund services and activities set forth in the ACTEB 1984-85 plan. (f) The Cityof Berkeleyshall, in its discretion, allocatefunds to these activities based upon its priorities and percieved need for such services; and shall determine whether and how the funds shall be dis- bursed to any subcontractors. (g) The City of Berkeley may propose deviations from the activities set fort's in Sec.I"V(e) to the PIC and the ACT's Gzmerning Board for their a=rcval. Any denial of f a proposed deviation or change must be justified by the PIC or the A= Governing Board on the basis that such proposed change or deviation would be -prejudicial to other areas served by the SDA, or have an adverse effect on overall SDA performance, or violate any federal or state law, rule or _ regulation promulgated to implement the administration of JTPA programs. V. ACREE',MEt" FOR PROGRAM YEAR 1985-1986 Plans for Program,. Years 1985-1986 shall be developed and implemented on the following bases: (a) The City of Berkeley's share shall be updated and, if necessary, revised, utilizing the JTPA three-part allocation methodology as set forth in Section III above. (b) Administrative funds shall be divided equally, to wit, 50% to ACTEB, and 50% to the City of Berkeley. (c) The remaining program activities shall be conducted in the same manner described in Sec. IV(d), (e), (f) and (g), provided however that funding allocations will be made in such a manner that 90% of the City of Berkeley's share of program funds small bedisbursed to the City of Berkeley. r. VI. TI:P S AND CaMITICNS aPPLICABM TO TO ENTIRE AGR .. (a) The status of the Qty of Berkeley shall be , that of a Program Agent which, as a member government of the ACTEB consortium, maintains a commitment to conduct job training activities and coordinate such programs with other City-sponsored human services programs. (b) Carryover. 'funding from one year to another shall be "pooled" and__,geographic allocations, including the share attributable to the City of Berkeley, shall be recomputed using updated allocation percentages. (c) The parties agree to execute any other contracts or documents required by law or by the State and federal governments to implement the covenants contained herein. (d) To the extent that any general term, condition : . or provision of the Joint Powers Agreement, as amended, is inconsistent or conflicts with any term, condition or provision set forth herin, such inconsistency or conflict shall be resolved in favor of the term, condition or provision set forth in n. is Agreement_ (e) ThisAgreementand the Joint Powers Agreement in whit it is incorporated by reference contains and embodies the entire agreement of the parties with respect to the terms governing the allocation of JrPA funds and the provision of services to residents of the City of Berkeley for the period of July 1, 1984, through June 30, 1986 and shall be binding for said period, except that amendments may be incorporated as required by facilitating Federal or State legislation, rules or regulations or agreed upon by the parties. Any such required amendments shall be made with the concurrence of-the AC'IES Governing Board, the PIC, and a duly authorized representative of the City of Berkeley. VII. APPROVAL OF AGREDU_, This Agreement is herby approved by the ACTEB Governing Board, the PIC, and the City of Berkeley. (Standard form of approvals) AMENDMENT TO JOINT POWERS AGREEMENT THIS AMENDMENT dated September 1, 1983, for convenience by and between the COUNTY OF ALAMEDA, a political subdivision of the State of California (hereinafter "County") and the CITIES OF ALAMEDA, ALBANY, BERKELEY, DUBLIN, EMERYVILLE, FREMONT, HAYWARD, LIVERMORE, NEWARK, PIEDMONT, PLEASANTON, SAN LEANDRO, and UNION CITY, municipal corporations of the State of California (hereinafter "Cities" ) is made to the Joint Powers Agreement dated April 22, 1975, creating the Alameda County Training and Education Board and the Joint Powers Agreement dated May 2, 1974, creating the Associated Community Action Program. W I T N E S S E T H WHEREAS, the Congress of the United States has passed the Job Training Partnership Act 29 USC 1501 et seq. (hereinafter "JTPA" ) to establish programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those economically disadvantaged individuals and other individuals facing barriers to employment, who are in special need of such training to obtain productive employment; and WHEREAS, the Congress of the United States has passed the Com- munity Services Block Grant 42 USC 9901 et seq. (hereinafter "CSBG" ) to assist the disadvantaged in the war on poverty to become self-sufficient and self-reliant; and WHEREAS, the State of California has passed enabling legislation to carry out the JTPA and the CSBG: and WHEREAS, the County and the Cities referenced herein have been designated in accordance with the law as a Service Delivery Area (hereinafter "SDA" ) under the JTPA, and as a Community Action Agency (hereinafter "CAA" ) under CSBG; and WHEREAS, Title 1, Division 7, Chapter 5 of the Government Code of the State of Caifornia (Section 6500 et seq. ) (hereinafter "Code" ) authorizes joint execise of powers agreements of two or more public agencies for any power common to them; and WHEREAS, the County and the City of Fremont on April 22, 1975, created a joint powers agency designated as the Alameda County Training and Employment Board (hereinafter "ACTEB" ) to operate and employment and training programs under the Comprehensive Employment and Training Act (hereinafter "CETA") ; and _ WHEREAS, the Cities of Alameda, Albany, Emeryville, Hayward, Livermore , Newark, Piedmont, Pleasanton, San Leandro, and Union City have participated in, with full voting rights, the ACTEB Joint Power Agency since its inception but were not signatories thereto; and WHEREAS, the Cities listed in the immediate paragraph, above have, by Council Resolution, indicated their desire to become signa- tories to the ACTEB Joint Powers Agreement; and WHEREAS, the County and Cities of Livermore, Fremont, Newark, Hayward, Pleasanton, San Leandro, and Union City on May 2, 1974, created a joint powers agency designated as the Associated Community Action Program (hereinafter "ACAP" ) to operate programs in the war against poverty under the Economic Opportunity Act (hereinafter "EOA" ) ; and WHEREAS, the Cities of Alameda, Albany, Emeryville, and Piedmont became parties to the ACAP Joint Powers Agreement in 1976; and WHEREAS, the aforesaid County and Cities have, since their join- ing the ACTEB and/or ACAP Joint Powers Agencies, sent elected repre- sentatives from the Alameda County Board of Supervisors and the respective City Councils to serve on both the ACTEB Governing Board and the ACAP Governing Board and the same representatives sit on both the ACTEB Governing Board and the.ACAP Governing Board; and WHEREAS, the ACTEB Governing Bord and the ACAP Governing Board have met monthly, since the creation of the separate ACTEB and ACAP Joint Powers Agencies, at the same time and place and have taken action as one Board except for issues which were applicable to only either the ACTEB Governing Board or the ACAP Governing Board; and WHEREAS, the ACTEB Joint Powers Agency and the ACAP Joint Powers Agency have been, since their inception, administered by one admin- istrative staff with the ,same Executive Director and because both Agencies act in concert so frequently they are commonly referred to by all members as ACTEB/ACAP; and WHEREAS, the County and the Cities designated herein are desir- ous of combining for . pro forma purposes the separate ACTEB Joint Powers Agreement and the separate ACAP Joint Powers Agreement into one document; and WHEREAS, the City of Dublin has, by Council Resolution, indi- cated its desire to become a member of the ACTEB Joint Powers Agency and the ACAP Joint Powers Agency; and WHEREAS , the City of Berkeley has indicated its interest and desire to become a member of the ACTEB Joint Powers Agency for purposes of developing anf administering job training programs on the terms specified herein; and WHEREAS, the Congress of the United States has rescinded the CETA and replaced said legislation with the JTPA; and WHEREAS, the Congress of the United _States has rescinded the EOA and replaced said legislation with the Community Services Act (here- inafter "CSA" ) ; and WHEREAS, the Congress of the United States has rescinded the CSA and replaced said legislation with the CSBG; and -2- WHEREAS, the County and the Cities wish to continue the most effective local government program to deal with the unemployment and underemployment problems as well as assisting the disadvantaged in the war on poverty of the residents of Alameda County; and they have detemined that such problems can best be resolved and such funds may be best administered by separate entities called the Alameda County Training and Employment Board and Associated Community Action Pro- gram, frequently acting in concert and therefore sometimes referred to collectively as ACTEB/ACAP, which are created hereunder; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, covenants, and conditions herein agreed, the signatories agree as follows: I. ORGANIZATION A. Name of Agency. The parties hereby agree that two agencies composed of a combination of the parties signatory to this agree- ment, be and are hereby, created under the aforesaid provisions of law for the purpose of administering this agreement, and shall here- after be designated as ACTEB and ACAP,' and sometimes referred to collectively as ACTEB/ACAP. B. Certifications . This amended agreement is not prevented by State or local law from taking effect in any of the geographical areas which it purports to serve . Furthermore, the legal officers of the County and the Cities have assured in writing that each sig- natory has the legal authority, under State and local laws, to enter into this amended agreement. . C. Power Exercised; Purpose of A reement The power to be exercised is the planning, development, and administration of pro- grams under and in accordance with the JTPA, CSBG, and the State of California enabling legislation or successor legislation enacting the same purposes as preceeding legislation referenced herein. The purpose of this amended agreement is to continue, under the afore- said legislation, the separate public entities of ACTEB and ACAP which will exercise such power . Such power will be exercised and the purpose of this amended agreement will be accomplished in the manner hereinafter set forth. D. Powers of ACTEB/ACAP . While ACTEB and ACAP are sometimes referred to collectively in this agreement as ACTEB/ACAP, for cer- tain purposes, including but not limited to funding, ACTEB alone shall have decision making power for actions taken under and pur- suant to JTPA and the State enabling legislation; and ACAP alone shall have decision making power for actions taken under and pur- suant to CSBG and the State enabling legislation. ACTEB shall have the authority to plan, develop, and administer programs within its area of jurisdiction which is Alameda County, excluding the City of Oakland, except as provided in Section IID (3) (j ) below. -3- Actions which affect both ACTEB and ACAP shall be jointly taken by ACTEB/ACAP. ACTEB and ACAP, where acting jointly, ACTEB/ACAP are authorized to do all acts necessary for the exercise of said authority, including but not limited. to any or all of the following: (1 ) To the extent necessary or appropriate for achiev- ing the stated purposes of this agreement, consis- tent with Government Code Division 6,. Chapter 5, Article 1, Section 6500 et seq, and the provisions of this agreement, exercise any power which is common to both Cities and County. All powers shall be exercised subject to such restrictions upon the manner of exercising such powers as are imposed upon County in. its exercise of similar powers, as provided in and for the purposes of Section 6509 of the Government Code of the State of Califonia, such restrictions as are set forth in this agreement, and such restrictions as may be set forth in grants or other agreements as the ACTEB, ACAP, or ACTEB/ACAP may enter into for the receipt and dis- bursement of funds. (2 ) Make and enter contracts in its own name; employ agents and employees ; acquire, lease, rent, manage, maintain, hold, or dispose of equipment, material, supplies, and property in accord with the approved grant plans . (3 ) Sue or be sued in its own name. I II. ACTEB AND ACAP BOARDS A. Governing Bodies . (1 ) Membership. The governing body of ACAP shall consist of thirteen (13 ) members; one representative from each of the following Cities plus a representative from the County: Alameda, Albany, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark , Piedmont, Pleasanton, San Leandro, and Union City. The governing body of ACTEB shall consist of fourteen (14) members which shall be the representatives from the City of Berkeley and the thirteen entities noted in the preceding paragraph. The governing bodies of ACTEB and ACAP shall be known as the ACTEB/ACAP Governing Board (hereinafter "Board" ) . The Board of Supervisors of County and the City Councils of participating Cities shall appoint from their respective bodies the member to serve on the ACTEB/ACAP Governing Board. The member shall serve at the pleasure of and in a manner determined by the appointing body. -4- (2) Voting. Each ACTEB member shall be assigned votes on the basis of the percentage of population of the governmental agency that the member represents to the total population of all the agencies, making the total votes one hundred (100) . The population data shall be supplied to ACTEB annually by the Alameda County Planning Department and ACTEB shall revise the number of votes of each member as necessary, upon receipt of such data. Each ACAP member shall have one (1) vote. In the event an action affects both ACTEB and ACAP it must receive. a majority of votes from both ACTEB and ACAP members in order to be passed. Actions of the Board shall be by motion or resolution. (3 ) Alternates . The Board of Supervisors and the City Councils of participating Cities shall appoint from their respective bodies not less than one alternate for each repsective member . The alter- nate shall serve at the pleasure of and in the manner determined by the appointing body. An alternate shall have authority to attend, participte, and vote at any meeting of the Board whenever any regular member is absent from such meeting. (4 ) Quorum. The presence of members representing a majority of the total vote from ACTEB or ACAP shall constitute a quorum for the transaction of business by the respective Joint Powers Agency and the presence of members representing a majority of the total votes, fifty-one (51 ) , of both agencies shall constitute a quorum for the transaction of business affecting ACTEB/ACAP, except that less than a quorum may adjourn from time to time. No action may be taken by ACTEB or ACAP except upon the affirmative vote of members represent- ing a majority of the votes present at the meeting. Votes shall be cast only in person and may not be cast by proxy. (5 ) Chairperson. A Chairperson and Vice-Chairperson of the Board shall be selected by the Board from its members . The term of office of the Chairperson and Vice-Chairperson shall each be one (1 ) year , beginning in April of each year. (6 ) Meetings. All meetings of the Board shall be held subject to the provisons of the California Public Meetings Law (hereinafter the "Brown Act" ) , California Government Code Section 54950 et seq. Meetings shall be held only after three (3 ) days public notice unless an emergency situation exists as defined in Section 54956 .5 of the California Government Code. -5- (7 ) Bylaws . The Board shall adopt bylaws for the conduct. of business which shall not be inconsistent with the provisions of this agreement. B. Private Industry Council In accordance with JTPA there is created a Private Industry Council (hereinafter "PIC" ) which shall have the responsibility to provide policy guidance for, and exercise oversight with respect to, activities under the JTPA job training plan for its service delivery area in partnership with the Board. The Board shall select PIC members from City, County, and State agencies as well as from business, labor, citizen groups, and educa- tional and training institutions, in accordance with Federal and State laws and regulations and local program needs . C• Community Action Board In accordance with CSBG, there is created a Community Action Board (hereinafter "CAB") , which shall be constituted and exercise authority as herein set forth, and in accordance with all applicable law, and which is advisory to the Board except for powers which are expressly delegated to it by the Board or which are given to it by statute. (1 ) Membership. A plan, approved by the Board and con- sistent with applicable law, will be developed which shall provide for the composition of the CAB, for the site of the CAB, for the method of select- ing its membership, for the maximum feasible par-- ticipation of and proportionate representation among the poor, and for a procedure allowing others to petition for representation. (2 ) Term of Office . All CAB members -shall1serve for one 1 year. Selection or appointment of public, private, and low-income sector members shall take place annually in April of each year. The public sector membership may be reappointed without limi- tation. Private and low-income sector members may not serve for a period in excess of five (5 ) con- secutive years nor (10 ) years. for a total of more than ten (3 ) Meetings . The CAB shall hold at least one regular meeting each month, giving ten (10) days public notice prior thereto. The hour, date, and place for regular meetings shall be fixed by resolution of the CAB. Special meetings may be held as pro- vided for in the Brown Act. All meetings of the CAB shall be called, held, and conducted in accordance with the terms and pro- visions of the Brown Act and with such further rules of the CAB not inconsistent therewith. -6- Except as otherwise provided by law, all meetings of the CAB shall be open and public. The CAB shall cause minutes to be kept of its meet- ings, both regular and special, and shall, promptly transmit to each of the parties hereto copies of the minutes of such meetings. (4) Bylaws . The CAB shall develop and submit its own bylaws to the Board for approval. Said bylaws shall contain, among other things, membership requirements, election procedures, quorum require- ments, voting rights, and other such. organizational : and procedural matters as the CAB shall deem necessary or as applicable law shall require. The bylaws shall become effective upon approval by the Board. The bylaws shall be reviewed. annually by the CAB for possible amendments and bylaw amendments shall take effect upon approval by the Board. D. Powers of the Board. (1) Executive Director. The Board shall be assisted by an Executive Director who shall serve at the pleasure of the Board as its chief administrative officer. The per- formance of the Executive Director shall be evaluated annually by the Board using such criteria as it may deem proper after which a decision shall be made to retain or release the incumbent. . Pursuant to Section 6505 .1 of the California Government code, the Executive Director is hereby designated as the person who shall have charge of, handle, and have access to any property of ACTEB/ACAP. (2 ) Employees . The Board, ' for the achievement of the purposes of this amended agreement, may establish positions and fix the salary range therefor for the Executive Director and other employees of ACTEB/ACAP, and may authorize the Executive Director to hire such other employees and to fix and pay their compensation, provided that no payment shall be made for any such employment rendered prior to the approval by the Board of the position and the salary range therefor. The Board, for the achievement of the purposes stated herein, shall have the power to appoint any other officer, or officers, or employees , and to employ or retain the services of other organiza- tions and individuals as it may deem necessary and appropriate, and to fix and pay their compensation, provided that no payment shall be made for any such employment or services rendered prior to the approval by the Board of the position and salary range or compensa- tion therefor . -7- (3 ) General Powers . In accordance with applicable law, and as provided in a separate agreement between the Board and PIC, the Board may do the following: (a) Select an Executive Director, after public recruit- ment, who shall serve at its pleasure. (b) Adopt with or without amendment, the annual budget for ACTEB/ACAP upon receipt thereof from the CAB for the ACAP budget and the PIC for the ACTEB budget. (c) Approve all program proposals, budgets, agreements, and entities providing services to the ACTEB/ACAP client group. ( d) Determine program and ACTEB/ACAP policies, priori- ties, ..goals, objectives, and plans. (e) Establish necessary administrative policies and procedures. ( f) Require compliance with all applicable Federal and State law by all ACTEB/ACAP personnel with respect to ACTEB/ACAP activities . (g) Delegate such additional authority and responsibil- ity in writing to the PIC or the CAB as it deems workable and desirable, by any means not in con- flict with the provisions of this amended agreement. (h) Engage supportive services, as `necessary�, including but not limited to personnel, purchasing, and legal services, the charges for any such services furn- ished by a signatory to be determined by the legis- lative body of said signatory party. ( i ) The Board shall have the power and authority to receive, accept, and expend or disburse funds on behalf of ACTEB/ACAP, by contract or otherwise, for purposes consistent with the provisions thereof, which funds may be provided by the United States Government, the State of California, or any sub- division thereof, and from any other person, agency, or organization, whether public or private, for the purposes specified herein. The parties may provide ACTEB/ACAP, on behalf of the Board, and ACTEB/ACAP shall be authorized and empowered to receive and accept from the parties , or any of them, and utilize: -8- ( i ) The services of personnel, equipment, or property of the parties, or any of them; Payments or advances of public funds from the parties, or any of them; On or before the first day of July of each year, a budget containing separate detailed statements of projected revenues and esti- mated expenditures for the ensuing fiscal year shall be filed with the signatory City Councils and the Board of Supervisors. Said budget, however, shall in no way limit the Board from authorizing additional expendi- tures which may have become necessary and appropriate after the adoption of the budget and for which special funds shall have been made available following adoption of said budget, in which event written notice of such matters shall be given to the parties . On or before the last day of each fiscal year, the Board shall file with the parties a statement of the actual income and expend- itures made during the prior fiscal year . For the achievement of the purposes stated herein, the Board shall act on behalf of all the parties signatory to this agreement , except as provided in Section II�,j3) (j ) . However, the Board shall have no power or authority o incur obligations in excess of the amount of funds then appropriated to its use by a funding source or donated from other sources. Sub-area Allocation of Resources for ACTEB. In those instances as determined by the ACTEB governing body, the ACTEB funds are to be allocated to the geographic areas of the consortium, except as provided herein for the City of Berkeley, in accordance with the following four . planning areas: Planning Areas Geographic Areas North Cities Albany, Alameda, Berkeley, Emeryville, and Piedmont Eden Hayward, San Leandro, San Lorenzo, and con- tiguous unincorpor- ated areas Tri-City Fremont, Newark, and Union City -9- Valley Pleasanton, Dublin, Livermore, and con- tiguous unincorpor- ated areas The criterion for allocating the ACTEB resources to these sub-areas shall be the same allocation cri- terion as that prescribed in the controlling Fed- eral legislation plus the general sub-area popula- tion as compared to the general ACTEB population. These allocation criteria shall begin to be applied in the fiscal year 1985. (j ) Job training entitlement funds received by ACTEB by virtue of the City of Berkeley' s inclusion in the Alameda County Service Delivery Area shall be disbursed in accordance with agreements executed between ACTEB and the City of Berkeley for one or more program years. The terms of such agreements shall, upon execution of the agreements, be deemed incorporated by reference herein. The failure to execute such an agreement at least sixty (60) days prior to the expiration of the term of any existing agreement shall entitle the City of Berkeley, upon thirty (30) days written notice to ACTEB, to terminate its participation in the ACTEB joint powers agency. E. Insurance. (1 ) Insurance Requirements . After execution of this amended agreement, ACTEB ACAP shall promptly obtain, at its own expense, all the insurance required by this section and shall submit a complete Copy of Coverage Verification signed by the ACTEB/ACAP ' s agent or broker to the ACTEB/ACAP members for review and approval . The insurance requirements must be met prior to commencement of any work or other obligation pursuant to this agreement. The authorization to proceed with the work under the agreement will not be issued, and the, ACTEB/ACAP shall not commence work, until such insurance has been approved by the, ACTEB/ACAP members. The ACTEB/ACAP shall not allow any contractor to commence work until all similar insurance required of the contractor has been obtained. Such insurance shall remain in full force and effect at all times during the prosecution of the work and until the final completion and acceptance thereof. ( 2 ) Workers ' Compensation and Employer 's Liability Insurance ACTEB/ACAP shall take out and maintain during the life of the amended agreement Workers ' Compensation and Employer 's Liability Insurance for all of its employees to be engaged in work under the amended agreement. Should any work be sublet, the ACTEB/ACAP shall require the subcontractor similarly to provide Workers ' Compensation and Employer ' s Liability Insurance, all in strict compliance with Federal and State laws and to fully protect the ACTEB/ACAP members from any and all claims arising out of occurrences on the work. - 10 - (3 ) Public Liability Insurance. ACTEB/ACAP shall take out and maintain in the name Of ACTES/ACAP and ACTEB/ACAP members during the life of the amended agreement, such Public Liability Insurance as shall protect itself, ACTEB/ACA.P members, officials, officers, directors , employees, and agents, from claims which may arise from operations under this amended agreement, whether such operations be by itself, by ACTyS/ACA.P members, its officials , officers, direc- tors , employees , and agents, and contractor, or by anyone directly . or indirectly employed by either of them. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to prop- erty, resulting from ACTEB/ACAP' s, ACTEB/ACAP members ' , or subcon- tractors operations, use of owned or non-owned automobiles , products , and completed operations . The amount of insurance shall not be. less than the following: Single Limit Coverage applying to Bodily and Personal Injury _ Liability and Property Damage: ti, 000,000 .00 s� The following endorsements must be attached to the policy: ( a•) If the insurance policy covers on an "accident" basis , it must be changed to "occurrence. (b) The policy must cover personal injury as well a-s bodily in j'.:r y. ( c) The policy must cover complete contractual 1ia.b.il- ity. Exclusions of cont=actua1 liability as to bodily in ju=ies , personal in juries and -rcperty ;BUST 3E, ..�.I'dI*T?.T°-7 from the basic policy encor se- ments . ( d) The policy mus'� include a gross liability or sever- ability of interests clause . ( e ) The ACTEB/ACA-P members must. be named as adci ticral insureds under the coverage afforded with respect to the work being performed under the amended agreement. ( f ) An endotsement shall be provided which st=ates that <' the coverage is PRIMARY INSURANCE and that no other insurance effected by the ACTE3/ACA+ members will be called upon to contribute to a loss under this coverage . (g) Cance_1aticn, nor_-renewal, or reduction in limits shall be sent to the ACTE3/ACA:') members with at least thirty ( 30 ) days ' notice . (4 ) Demcs : tcrs ' ?crge.v Cvve:ace ACTE3/„`.gyp Shall also o,..:=- chase depcs 2 _ors .crgery cover age , n. t_^e amount o� 5100 , COO .CC . (5 ) Official Bond. The Executive Director is hereby required to file an or=iclal bond in the amount of 1100,000.00. III. LIABILITY A. In the event that judgment is rendered against ACTEB or ACTEB/ACAP by a court of competent jurisdiction or an administrative tribunal which orders repayment from non-Federal sources of Federal funds determined to have been misspent under JTPA, all means of fur- they legal recourse have been exhausted or the time limits thereon have expired, and ACTEB and ACTEB/ACAP are unable to pay the judgment, then the parties to this amended agreement shall pay such judgment in proporation to their ACTEB weighted vote, Provided however that the City of Berkeley shall not be held liable for any activities other than job training related activities performed by ACTEB and the other member governments agree to indemnify the City of Berkeley and hold it rarmless from any such liability. However, it a party is round to be indivicually liabie on any contract which it veld with ACTEB/ACAP, by court of competent jurisdiction or administrative tribunal and all means of further legal recourse have been exhausted or the time limits t1hereon have expired, then that member is individually liable and responsible for payment of that debt unless it has been declared bankrupt or. is otherwise prohibited by law from paying such debt in which case the remaining parties shall pay the debt, in accordance with the for-hula in the first sentence Of this paragraph. The -signatories to this amended acreement are not liable for any funds misspent under CETA or CSBG. B. Neither ACTE3, ACA-P, nor ACTE3/ACAP shall have the cower or authority to bind the signatories to this amended acreement to any debt, liability, or obligation. . In accordance with Section 6508.1 of the California Government Code, under no circumstances, except as provided in the immediately preceding paragraph, shall the debts, liabilities, and obligations of ACTEB, ACA2, or ACTE3/ACA+c be the debts , liabilities and obligations of the signatories to this agree- ment. However, nothing herein shall preclude any of the signatories from undertaking any such debt, liability, or obligation of r?C''B, ACAP , or ACTE3/ACAP, in acceraance with and subject to such signa- tory' s respective charter, laws and regulations applicable thereto. C. If at anytime a court of competent jurisdiction. determines that the State df California Administrative Regulations, ACTE3/ACE? grant conditions, or other applicable law, which requires signatory entities to a consortium established for the purpose c`_ admini stet ing fends distr ibuted throuch the JTPA to accept liability far misspent Federal funds from ncn-Federal sources of funds , the signatories to this agreement shall not be liable far any funds misspent under JTPA regardless of the provisions of the Preceding sentences in this paragraph:. D. ACTE'3/ACA? acrees to hold na_mess , i..demr:i 'y, and to de°_e t^e ACTEVACAP members and their e_:icers , employees and acests from any and all clai ws for injury or damage of *.,dtever type brought by or on behalf of any third party, including, but not limited to, ACTEB/ACAP ' s officers , employees, and agents, arising from or con- nected with any acts or omissions in the performance of this amended agreement by ACTEB/ACAP except from any such claim arising solely out of acts or omissions attributable to the ACTH/ACAP member or its officers , employees, or agents. N. FISCAL CONTROL A. Demositorv; Controller . Pursuant to Section 6505 .5 of the California Government Code, the Auditor/Controller and the Treasurer of the County of Alameda are hereby designated Auditor/Controller and Treasurer , respectively, of ACTEB/ACAP and they shall have all of the powers and duties specified in Section 6505 .5 including but not limited to: ( 1 ) The Treasurer shall receive and receipt for all said funds of ACTEB/ACAP and place it in the Treasury of the County of Alameda to .the .credit of ACTEB/ACAP; (2 ) The Treasurer shall be responsible upon his official bond for safe-keeping and disbursement .of all funds of ACTH/ACAP 'so held by him, ( 3 ) The Treasurer shall pay, when due, out of said ' funds of ACT_3/ACAP so held by him, all su=s due from ACTEB/ACAP funds, only upon warrants of or checks issued by the Audi for/Controller (4 ) The Treasurer shall verify and report in writinc. on the first day of Jul v, October.. January, anal, April of each year to ACTE3/ACAP and to the signatories to this agreemen"t', the amount of said funds he 'holds for ACTEB/ACAP , the amount of receipts since his last report, .and the amount paid cut since his last report. ( 5 ) Pursuant to Section 6505 of the California Government Code, the Audi for/Controller shall contract with a certified public accountant to make an annual audit of the accounts and records of ACTE3/ACA10, copies of which addi t shall be distributed to the County and - Cities . ( 6 ) Pursuant to Section 6505 .5 of the California Govern- meat Code , the Bcard of Supervisors of the County of Alameda shall determine charges to be made acains t ACTE3/ACAP for services of the Treasure= and the Audi for/Ccn troller . B . Records and Remorts . ACTE3/AC?_0 shall establish and main- tain such funds and accounts as =ay be recui_ed by rood acccuntinc cractice or by law . The books and records cf ACTE3/ACS shall be cpen to inspect-cm at all reascna'-Zle t-4 mes by any signatc_y to this a=ended ac epment or its representative . -13- C. Inspection and of the s n agree- ment, or authorize representativ sof anyofthem, e s shall at times have access for the purpose of audit or inspection to any and all books , document, papers , records, property, and premises of ACTL'B/ACAP. V. MI SCELLAYEOUS PROVISIONS A. Provision for Additional Members. The signatories may agree to amend this amended agreement to enable other eligible cities in Alameda County to become members of ACTEB ACAP. those cities so designated b / Eligible cities are y the State or Federal law. B. Term. This amended agreement shall become effective upon execution by the signatories hereto and shall continue in full force and .effect until terminated in the manner hereinafter provided. An signatory may withdraw from this amended agreement upon giving Y written notice to the other signatories not less than thirty days prior to the effective withdrawal date therein specified. Fow- - ever, in no event may a signatory withdraw from men", prior to the expiration date of any grant between amen aareea Department of Labor or the State and ACTE3/ACAP. C.• Termination of Powers . ACTE3/ACAP shall continue to exer- cise the powers herein conferred upon it until termination of this amended agreement, and thereafter shall continue to exercise only such powers as enable .it to pay and discharge all costs, expenses, and charges legally inc•.:rred here�.inder, and to dispose of, divide, and distribute any property required as a result of the joint exe , cise of such powers . This amended ac-Bement ma y be terminated by a ma ?orit y vote o- t t ,,e ce-tens : Said erm:natiCr becomes effective one hued:ed eighty (180 days may ^-is amended agreement a to t`or T such vote. However, in no even terminated prior to the expiration date of any grant, ACTB3/ACAP . be twaan the Department of Labor or the State and D. Dispcsiticn or Assets ; Surplus Morey. Upon termination' of this amended agreement under Section V.C. , al charges lecally incurred by ACT-73/ACA.? shall bec paid�and pdischarged; and ACTL3/ACA-a shall sell such property as may be necessary therefor and shall distribute to the United States Gcvernmen t and/or the State of California suc: property and funds as are lawfully required; the balance c_ such property and any surplus money on hand shall be distributed or returned in proportion to contributions made ' by the affected parties except to the extent otherwise agree by the affected parties. d upon E. Fiscal Year. Unless otherwise required by Federal or State law, the fiscal year fer ACTB3/ACA2 shall initial _ 1, 1983 , to and including June 30 , 198 ; and fromleeea�o2rO�tober July 1 to and including June 30 0: the next succeeding thereafter e from year . P• Amendment by Ac=eemen t. The amended ac:ee amended a t any time by -,-a mer.t .:zy be . wr: tten ac=Bement of the signatori lcrc as suces , as h aWendment is not in comic_ ui �; a 1ica�le la.r. G . Limi *_a icr cf ?c:re_ agree o _ ,, aced 0c ccr.ta_.fed :.. -' s amended agreement r any 5y,aws Promu,gated pursuant to it^shall be 14 - construed to authorize any action which any signatory is not author- ized by law to undertake. H. Severability. Should any part, term, or. provision of this amended agreement be decided by a court of competent jurisdiction 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 portions or provisions shall not be affected thereby. WITNESS THE EXECUTION HEREOF the date set opposite our respec- tive names: i DATED: 198 COUNTY OF ALAMEDA . � ATTEST: By , Chairman County Clerk APPROVED AS TO FORM: County Counsel DATED: , 198 CITY OF FREMONT T ATTEST: I By Mayor City Clerk APPROVED AS TO FORM: } City Attorney DATED: 198 CITY OF ALAMEDA ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney -15- DATED: 198_ CITY OF LIVERMORE ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney DATED: 198_ CITY OF NEWARK ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney DATED: 198_ CITY OF PIEDMONT ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney DATED: 198_ CITY OF PLEASANTON ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney -17- DATED: 198 CITY OF ALBANY ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney DATED: 198_ CITY OF DUBLIN ATTEST: By Mayor City Clerk APPROVED AS TO FROM: City Attorney DATED: 198 CITY OF EMERYVILLE ATTEST: By Mayor I City Clerk APPROVED AS TO FORM: City Attorney DATED: 198 CITY OF HAYWARD ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney -16- r DATED: , 198 CITY OF SAN LEANDRO ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney DATED: 198 CITY OF UNION CITY ATTEST: By Mayor City Clerk APPROVED AS TO FORM: City Attorney DATED: 198 CITY OF BERKELEY ATTEST : By Mayor City Clerk APPROVED AS TO FORM: City Attorney ° -18-