HomeMy WebLinkAbout7.1 Amend ACTEB/ACAP Agreement w
CITY OF DUBLIN
AGENDA STATEMENT l
CITY COUNCIL MEETING DATE: March 12, 1984
SUBJECT Alameda County Training and Employment Board
(ACTEB)/Associated Community Action Program (ACAP)
Joint Powers Agreement Amendment (JPA)
EXHIBITS ATTACHED Letter from ACTEB/ACAP Executive Director dated
bruary 27, 1984 ; 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 The City has received a letter from the Executive
Director of the Alameda County Training and Employment Board (ACTEB) /
Associated Community Action Program (ACAP ) requesting the City to take the
following actions .
1 . Approve the City ' s membership as a JPA signatory by approving the
attached JPA amendment .
2 . Approve a contingency amendment which would include the City of
Berkeley as a JPA member (contingent upon the County of Alameda and
the City of Fremont approving such a plan of action)
3 . Approve a contingency amendment which would delete the City of
Berkeley from ACTEB ' s Service Delivery Area (SDA) should the Governor
of the State of California provide independent SDA status to the City
of Berkeley .
In February of 1983 the City Council adopted a -resolution agreeing to
continue to participate in the consortium that makes up ACTEB/ACAP, and
further, enter into a Joint Powers Agreement with the members of the Alameda
Training and Employment Board once the Governor of the State of California
had designated this consortium as a Service Delivery Area as defined under
the Job Training Partnership Act . The primary purpose of this program is to
provide comprehensive employment and training services to the economically
disadvantaged, underemployed and unemployed persons of Alameda County. The
City ' s participation in this program will result in the provision of funds
to the Tri-Valley area for the purpose of providing those services .
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7. / COPIES TO:
ITEM N0.
ti
AGENDA STATEMENT: ACTEB/ACAP Joint Powers Agreement Amendment
Page 2
The reasons for the requested amendment to the Joint Power Agreement (JPA)
are as follows :
1 . To update the language of the JPA in order to more accurately reflect
the agencies funding sources .
2 . To include all member Governments as official signatories to the JPA.
(Presently only the County of Alamenda and Fremont are signatories . )
3 . Spread the liability for ACTEB/ACAP activities to all signatories .
Formally only the County of Alameda and the City of Fremont were
liable for the misappropriation of Federal funds . The proposed
change in the agreement would result in the City of Dublin bearing
approximately 2 percent of the liability with respect to misspent
funds in ACTEB and approximately 7 . 7 percent of the liability for
misspent funds under ACAP . Thus far, the experience of the
ACTEB/ACAP program has been good with respect to the disallowal of
those expenditures under each of those programs respectively. To
date the program has received millions of dollars in Federal Funds
and has only been questioned with respect to a very small portion of
the total funding received by the program.
4 . The amendment would combine the current separate ACTEB and ACAP
JPA' s into one consolidated agreement which more accurately reflects
the fact that ATEB/ACAP is one not two agency' s.
Mr. Bloom' s request with respect to approving two contingency amendments
which would either facilitate Berkeley' s membership as a JPA member in the
future or delete the City of Berkeley from the Service Delivery Area are
based upon Berkeley' s request to administer its own program. This request
has to be approved by the Governor; and .it is anticipated that it will take
approximately one and one half years to determine whether or not Berkeley
will receive its own Service Delivery Area status .
A representative from the ACTEB/ACAP will be present at the City Council
meeting on Monday night to answer any questions regarding the program that
the City Council might have .
Alameda County Training and Employment Board
O'ACAP
Associated Community.Action Program
Governing February 27, 1984
Board
Steven Eigenberg
Chairman
Vice-Mayor Dear Mayor and Council Members :
Piedmont
Charles Santana Attached please find the current, proposed Amendment to the Alameda -
Vice-Chairman County Training and Employment Board/Associated Community Action Pro-
Supervisor Atamed gram (ACTEB/ACAP) Joint Powers Agreement (JPA) . This Amendment is a
follow-up to each consortium members earlier actions. of Spring, 1983,
Shirley Campbell when resolutions were approved indicating the desire to continue the
Councilwoman ACTEB/ACAP consortium.
Hayward
Wallace E.Fox PURPOSE OF THE AMENDMENT
Councilman
Emeryville The basic purpose, structure, and day-to-day operation of the ACTEB/
Yoshio Fujiwara ACAP Agency is to remain the same as in years past. This Amendment is
Councilman
Fremont required, however, in order to :
Tom Kitayama 1 . Update language and make specific reference to the Job Training
Mayor
Union City Partnership Act (JTPA) and Community Services Block Grant (CSBG) as
the Agency's primary funding sources;
Karin Lucas
Councilmember
la
Amedda a governments g
2 Include all member ts as official signatories to the JPA.
Ala
(Currently; only the County and Fremont are signatories) ;
Donald W.McGue
San Leandro 3• Specifically address the issue of member government liability for
ACTEB activities; and
Paul Moffatt
Councilman
Dublin 4. Combine the current separate ACTEB and ACAP JPAs into one consolidated
Robert E.Nichols agreement which more accurately reflects the fact that this is one,
Councilman not two, Agencies.
Albany
The text of this Amendment and the reasons for its submittal have been
Shirley D.Sisk thoroughly reviewed and discussed.by the ACTEB/ACAP Governing Board,
Councilwoman 9 Y Y g
Newark the County's City Managers group, -each.government'-s chief legal -counsels,
and various City Risk Managers. Comments 'or concerns raised by these
1 r John stein p dressed .i n.this final version of the Amendment.- .'The _
{ Councilman ; . groups have been ad
Livermore ,; State. of California is now .anxiously awaiting our .submittal of the updated
JPA.
Walter C.Wood -
t�' Councilman
Pleasanton _: - THE CITY OF BERKELEY AS A CONSORTIUM MEMBER
You are, no doubt, aware the residents of the City of Berkeley are to be
Robert L.Bloom served by ACTEB, per the State of California' s decision-making. The
Executive Director County of Alameda has exercised its right to represent. residents of both
the County's unincorporated areas and Berkeley and has approved the
c4>54 revised JPA based upon this arrangement. . The City of Fremont has
ACTEB/ACAP 26240 industrial Boulevard Hayward, Califomia 94545 (415) 881-6400
Mayor and Council Members -2- February- 27, 1984
likewise approved this arrangement. Thus, the two- original JPA sig-
natories have approved the inclusion of all the existing ACTEB member
governments as official signatories. The City of Berkeley is not an
approved member.
The County Board of Supervisors may, however, choose to share its
decision-making authority in the future. The City of Berkeley would then
be invited to participate in the consortium to represent its citizenry.
Subject to Fremont's concurrence, the remaining consortium member govern-
ments would then be asked to accept Berkeley as a new member of the con-
sortium. In anticipation . of this possibility, your jurisdictions are now-=-
being asked to approve a contingency plan that would accept Berkeley's
membership, if so approved by Alameda County and Fremont. , For your in-
formation, the JPA language required to include'Berkeley would be as fol-
ows:
1 . On page 2-of the JPA, a "WHEREAS" clause will be added after the
"WHEREAS" clause regarding the City of Dublin which will read as
follows : "WHEREAS" , the City of Berkeley has, by Council Resolution,
indicated its desire to become a member of the ACTEB Joint Powers
Agency. " ; and
2. The second paragraph under II.A on page 2 will be changed to read
as follows: "The governing body of ACTEB shall consist of fourteen
(14) members , which shall be the representatives from. the thirteen
(13) agencies noted in the preceding paragraph and a representative
from the City of Berkeley. "
3. On page 16, the City of Berkeley will be added as a signatory.
THE CITY OF BERKELEY AS AN INDEPENDENT
JTPA SERVICE DELIVERY AREA
The County of Alameda, the City of Berkeley, and the ACTEB/ACAP Govern-
ing Board all remain on record supporting the designation of Berkeley
as a separate JTPA Service Delivery Area .(SDA) . _,. Given the County's
decision to exercise decision making for Berkeley's"citizenry and
Berkeley's expressed desire to exert more control over:its own job train- .
- ing .programs, ,the State of California. is .entertaining proposals for
Berkeley to receive .independent designation in approximately, year-and-
""a-half-when the Governor can reconsider.`geographic` designations.' ' Should
such an approval .be granted, . the,.ACTE6/ACAP _JPA'would ..then be'amended to
exclude mention of the City of Berkeley'•sgeographic area `(and. residents)
being included within the consortium's boundaries of service."The fol-°
lowing JPA sections would then be amended as .indicated.
1 . On page 2 section 4. , Powers of ACTEB/ACAP, the first sentence will
now read: " . . .excluding the Cities of. Oakland and Berkeley. "
REQUESTED ACTIONS
In order to approve the JPA Amendment and develop approved contingency
plans for Berkeley, the following actions are requested of each City
Council by the ACTEB/ACAP Governing Board:
Mayor and Council Members -3- February 27 , 1984
1 . To approve the attached JPA Amendment and, in so doing, approve
membership as a JPA signatory;
2. To approve a contingency amendment which would include Berkeley as
a JPA member (contingent upon County of Alameda and Fremont ap-
proving such a plan of action) ; and
3. To approve a contingency amendment which would delete the City of
Berkeley from ACTEB's Service Delivery Area (SDA) should the Governor
provide independent SDA status to Berkeley.
The approval of these latter two 'actions will -relieve-'Councils of having
to approve subsequent JPA amendments on issues where current negotiations
indicate change may be forthcoming in the immediate future. •Should
either of these latter actions be ..taken, -the JPA text wi11 -be amended as
indicated in the earlier discussion section of-this transmittal .
Please feel free to contact this office should you have need for further
information on the requested actions. Please contact me directly re-
garding the dates when this item will be discussed and acted upon. Both
the ACTEB/ACAP legal counsel and I are available to assist you in your
Council deliberations , if needed. At its February, 1984, meeting, the
ACTEB/ACAP Governing Board unanimously requested that this item be taken
up with the individual member governments as soon as possible.
Sincerely,
Robert L. Bloom
RLB/dn
Enclosure
cc: ACTEB/ACAP Governing Board Members
City Managers/County Administrator
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 (here inafter_`."ACTEB".) '.to-`operate and
employment and training programs under the':Comprehensive . Employment
and .Training Act (hereinafter "CETA" ) ;
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, b y .Council - Resolution, indi
ca ted its des ire .to become a member of the :ACTEB Joint Powers Agency
and the ACAP Joint -Powers Agency; . and ., .-'., ,
WHEREAS,' . the .Congress of the United States .has rescinded �"the
����•CETA and replaced .said legislation ,.with"the :JTPA;
WHEREAS, the Congress `of . the United . States, has rescinded :'-the EOA
and replaced said legislation with the Community Services' Act -. (here-
inaf ter "CSA".) ,- and _.
WHEREAS, the Congress of the United States has rescinded the CSA
and replaced said legislation with the _CSBG; - and
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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- .
went, 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 Agreement. 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.rare'.'sometimes
referred to collectively in this agreement as ACTEB/ACAP, '- for 'cer-
tain purposes, including but not .limited =. o :funding, ''ACTEB alone
_ shall have decision. making power : for . actions :_taken -:under.'and pur- --
suant. to :JTPA- and :-the State enabling legislation anc-'ACAP_.;-alone :'.
shall have decision making�"-power -for "actions '�takeh :under' and pur '•
suant to CSBG and the State enabling- legislation.=' _ L
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. ACAP shall -have' the authority to
plan, develop, and administer programs within its area of jurisdic-
-3- - .
tion which is Alameda County, excluding the City of Oakland and the
City of Berkeley. 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 .
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 .thirteen :(13 ) mem-
bers, which. shall be the representatives ..-from the ___'.thirteen entities
noted in the preceding paragraph.,- ...'...,:.-'
aragraph t
The governing bodies of "ACTEB and ACAP 'shall b "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 agen-
cies, making the total votes one -.hundred (100) . Except for the City
of Oakland, votes for the population of a City in Alameda County
which is not a party to this agreement shall vest in Alameda
County. 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 the 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 pas.sed. 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.-y
' 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 'iiotice "
unless an emergency situation exists as defined..in _Section 54956 .5
of the California Government Code. -"
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(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 shall serve for
one 17 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 for a total -of .more than.-ten
(10 ) years.
(3 ) ,- Meetings'. The CAB shall .hold at least .one regular =.
..... .meeting each '.month, giving :-ten :s(10 ) ;:days .public :.
z
;.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 'Ac t
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.
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.,office_ officers `--,or -=y:i ;, .
employees; -:and .to. employ or 'retain the Jservices of'other.:;organiza- F
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 'sala_ry .r_a_nge or compensa-
tion therefor .
(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 an -
y.,other..:person,
agency, or , organiza tion, : whether_.public' br? private ,
=for 'the purposes spedfied 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:
( 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;
( iii ) 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. However, the Board
shall have no power or authority to incur obliga-
tions in excess of the amount of funds then appro-
priated 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 govern-
ing body, the ACTEB funds are to be allocated to
the geographic areas of the consortium in accord-
ance with the following four planning areas :
Planning Areas Geographic Areas
Z.
North Ci ties Albany, -Alameda,
Berkeley,-- Emeryville,-
_. and Piedmont
Eden Hayward, 'San Leandro,
San - Lorenzo,�-and con-
t
iguous unincorpor-
a ted 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 .
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.
(3 ) Public Liability Insurance . ACTEB/ACAP'_shall take out:.and
maintain in the.,. bes.,duri; emr ng - the
life of - the 'amended agreement,* 'such Public °'Liabi11_ty ;:Insurance' as
`shall protect .itself, " ACTEB/ACAP .-members' vt officials; -,,officers`; , -
.• ...-1.
directors , ',employees, :.and ,agents ; ;from claims which ma : arise from
operations 'under:=.this . 'amended agreement ' l"whether such' .operations` be 7
by itself, by ACTEB/ACAP members , its officials;},:officer�s� `� direc=
tors, employees,-- and: a ents; .and contractor; "or` b
g 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-
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tractor ' s 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 : $1, 000, 000 .00
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 as
bodily injury.
( c ) The policy must cover complete contractual liabil-
ity. Exclusions of contractual liability as to
bodily injuries, personal injuries and property
MUST BE ELIMINATED from the basic policy endorse-
ments.
( d) The policy must include a gross liability or sever-
ability of interests clause.
(e ) The ACTEB/ACAP members must be named as �addi tional
insureds under the coverage afforded with respect
to the work being performed under the amended
agreement.
( f ) An endorsement shall be provided which states that
the coverage is PRIMARY INSURANCE and that no other
insurance effected by the ACTEB/ACAP members will
be called upon to contribute to a loss under this
coverage .
(g) Cancellation, non-renewal, or reduction in limits
shall be sent to the ACTEB/ACAP members with at
least thirty (30 ) days ' notice .
. (4) Depositors ' Forgery Coverage ACTEB/ACAP .shall 'also`'pur-
. chase depositors forgery coverage in .the 'amount :.of_ $100,000:00 :
y
.(5) ';:'Official Bond.- -The ".Executive Director Kis hereby required
to .file an :-of f icial-, bond in-,-the amount ;of ;$100.;'000:00 ' 3'
.III LIABILITY ,, 'g f
A. In the event .that judgment' is yrendere`d ,against,tACTEB 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 7means of fur-
ther legal recourse have been exhausted or the time limits thereon
-11-
have expired, and ACTEB and ACTEB/ACAP are unable to pay the judg-
ment, then the parties to this amended agreement shall pay such
judgment in proportion to their ACTEB weighted vote. However, if a
party is found to be individually liable on any contract which it
held with ACTEB/ACAP, by a court of competent jurisdiction or admin-
istrative tribunal and all means of further legal recourse have been
exhausted or the time limits thereon 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 formula in the first sentence
of this paragraph.
The signatories to this amended agreement are not liable for any
funds misspent under CETA or CSBG.
B. Neither- ACTEB, ACAP , nor ACTEB/ACAP shall have the power or
authority to bind the signatories to this amended agreement 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, ACAP, or ACTEB/ACAP 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 ACTEB,
ACAP , or ACTEB/ACAP, in accordance 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 of California Administrative Regulations, ACTEB/ACAP
grant conditions, or other applicable law, which requires signatory
entities to a consortium established for the purpose of
administering funds distributed through the JTPA to accept liability
for misspent Federal funds from non-Federal sources of funds , the
signatories to this agreement shall not be liable for any funds
misspent under JTPA regardless of the provisions .of. the preceding
sentences in this paragraph.
D. ACTEB/ACAP agrees to hold .harmless,-`-indemnify, and to defend
the ACTEB/ACAP members and .their officers;" emp1oye,esY='and agents "from
any .and all claims for injury or damage 'of _:whatever",type brought by :.
or on behalf -of any .third party, .including, but not ,limited -to, w
ACTEB/ACAP ' s officers , employees , : and_ agents; arising<:from:or con-
nected with any acts or ;omissions .in ;the =performance ;of.,,this :;amended
- a reement b :. ACTEB ACAP-,;exce t `-from :an such claim arisin °solel "r
g Y / P y: . .. g Y
_ _
- --- out of `acts ..or :'omissions attributable" ao.}the'x'ACTEB/ ACAP-.member" or
s/ , ;
its officers; employees , . or . agents:
= IV. FISCAL CONTROL
A. Depository; Controller . Pursuant ' to Section 6505 .5 of the
California Government Code, the Auditor/Controller and the Treasurer
-12-
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 ACTEB/ACAP so held by him;
( 3 ) The Treasurer shall pay, when due, out of said funds
of ACTEB/ACAP so held by him, all sums 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 writing on
the first day of July, October, January, and April of
each year to ACTEB/ACAP and to the signatories to
this agreement, the amount of said funds he holds for
ACTEB/ACAP, the amount of receipts since his last
report, and the amount paid out since his last report.
( 5 ) Pursuant to Section 6505 of the California Government
Code, the Auditor/Controller shall contract with a
certified public accountant to make an annual audit
of the accounts and records of ACTEB/ACAP, copies of
which audit shall be distributed to the County and
Cities.
(6 ) Pursuant to Section 6505 .5 of the California Govern-
ment Code, the Board of Supervisors of the County of -
Alameda shall determine charges to be made against
ACTEB/ACAP for services of . the Treasurer and the
Auditor/Controller .
B. Records and Reports . ACTEB/ACAP_ shall establish and -main-
tain such funds and accounts 'as may be .required-..by'good accounting '
practice or by law. The .books and records '.of,ACTEB/ACAP r.shall be
open to inspection at all reasonable "times by any signatory to this
amended agreement _.or its .representative ?;� : 4 ' , --t
--
2ns ection and Audit. An
p y of the signatories; to :_thisagree
ment, : or=.authorized representatives of
_any 'of them, - `shall :at all
times have access . for the .purpose of 'audit or. inspection `to'any `and i
all books , document, P a ers , : records '- --and .
_ _ f ro ert y• ses
ACTEB/ACAP. =£
-13-
V. MISCELLANEOUS 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. Eligible cities are
those cities so designated by 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. Any
signatory may withdraw from this amended agreement upon giving
written notice to the other signatories not less than thirty (30 )
days prior to the effective withdrawal date therein specified. How-
ever , in no event may a signatory withdraw from this amended agree
ment prior to the expiration date of any grant between the
Department of Labor or the State and ACTEB/ACAP.
C. Termination of Powers . ACTEB/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 incurred hereunder, and to dispose of, divide ,
and distribute any property required as a result of the joint exer-
cise of such powers . This amended agreement may be terminated by a
majority vote of 'the members . Said termination becomes effective
one hundred eighty (180 ) days after such vote. However , in no event
may this amended agreement be terminated prior to the expiration
date of any grant between the Department of Labor or the State and
ACTEB/ACAP .
D. Disposition of Assets ; Surplus Money. Upon termination of
this amended agreement under Section V.C. , all costs, expenses and
charges legally incurred by ACTEB/ACAP shall be paid and discharged;
and ACTEB/ACAP shall sell such property as may be necessary therefor .
and shall distribute to the United States Government and/or the
State of California such property and funds as are lawfully
required; the balance of 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 agreed upon
by 'the .affected parties.
E. Fiscal Year . ,..Unless- otherwise required by .Federal ::or.,State _
law, the fiscal .year •,for;ACTEB/ACAP _shall .initially .be from: October
and. including .;June 30, _1984, ;=and from thereaf ter ._from
- July ,'1 'to and including ..June, 30 of °_the next succeeding 'calendar":year .-°
-_ - = s Z y _�. -
tF. Amendment by Agreement. -'The amended'agreement may be
amended at any .time.,by: the written _agreement?,ofthe',°�signatories; I::a's ..µ
long as such amendment-. is'
mendment- is' not in' conflict with .:applicable law.
G. Limitation of Powers . Nothing contained in' this amended
agreement or any bylaws promulgated 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:
DATED: , 198 COUNTY OF ALAMEDA
ATTEST: By Chairman
County Clerk
APPROVED AS TO FORM:
County Counsel
DATED: 198 CITY OF FREMONT
ATTEST: By Mayor
City Clerk
APPROVED AS TO FORM:
City.Attorney - -
DATED. _._:� 198 CITY OF .ALAMEDA ,
s
ATTEST By - _ `. .. M5 Mayor -
City Clerk
APPROVED AS TO FORM: -- .
City Attorney . _
-15-
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
City Clerk
APPROVED AS TO FORM:
City Attorney
DATED: 198_ CITY OF .HAYWARD
ATTEST: By .: Mayor
a
41
City Clerk. . ,
APPROVED AS TO FORM:
City Attorney _... _
-16- _.
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
B�' Mayor
City Clerk
APPROVED AS TO FORM:
City Attorney
-17-
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
-
ti
_lg_
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 12 Alameda County
Cities and the unincorporated area of Alameda County was formed
for the express purpose of providing comprehensive employment and
training services to the economically disadvantaged, under-
employed, and unemployed persons of Alameda County; and -
WHEREAS, The City Council of the City of Dublin wishes
to continue its participation in this consortium in order that
there might be employment and training services provided to the
community.
NOW, THEREFORE, BT IT RESOLVED, that the Dublin City
Council does hereby approve the attached amendment to the Alameda
County Training and Employment Boards/Associated Community Action
Program Joint Powers Agreement and agrees to its continued
membership in that consortium; and
BE IT FURTHER RESOLVED, that the City Council of the
City of Dublin recognizes the desire of the City of `Berkeley to
achieve independent status for the provision of comprehensive
employment and training services, and therefore agrees to a
contingency amendment to the Joint Powers Agreement in the future
which would delete the City of Berkeley from the ACTEB Service
Delivery Area should the Governer provide independent SDA status
to the City of Berkeley; and _
BE IT FURTHER RESOLVED, that the City Council of the
City of Dublin also approves a contingency amendment which would
include the City of Berkeley as a JPA member of the consortium
provided that the County of Alameda and the City . of Fremont
approve such plan of action and provided that the City of Berkeley
desires to become a member of the JPA in the future. .-. -
PASSED, APPROVED " AND ADOPTED this =:12th . y
. da 'of . March,' -
1984
-
� •j
AYES; * _
NOES
ABSENT:
Mayor
ATTEST:
City Clerk