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Resolution 12072CITY OF ALAMEDA RESOLUTION NO. 3.2072 SUPPORTING A CONCEPTUAL OUTLINE FOR THE FUTURE RECONFIGURATION OF THE GOVERNANCE STRUCTURE OF THE BALANCE OF ALAMEDA COUNTY JOB TRAINING PARTNERSHIP ACT PROGRAM WHEREAS, the City of Alameda is committed to the continued, active role of local City Councils and Mayors in the administration and oversight of the federal Job Training Partnership Act (JTPA) program; and WHEREAS, the City of Alameda is on record as supporting the continuation of the currently in place Alameda County Training and Employment Board organization to serve as the grantee agency and administering entity for the JTPA program; and WHEREAS, the recent experiences of the Alameda County Training and Employment Board agency, as the historic governing body for JTPA programs, found an inability to carry out a workable means of governance and therefore a revised structure for elected official governance was warranted; and WHEREAS, the Alameda County Board of Supervisors has now accepted, per the State of California's actions, the new responsibilities as Chief Elected Officials for the balance -of- County (aside from Oakland) JTPA program; and WHEREAS, the Alameda County Board of Supervisors is soliciting input and recommendations on how best to govern the JTPA program in a manner that meets clients' needs and avoids circumstances of irresolveable impasses between participating local governments. NOW, THEREFORE, BE IT RESOLVED that the City of Alameda accepts and endorses the attached draft Conceptual Outline, and furthermore, provides this outline as input to the County of Alameda Board of Supervisors. The outline is purposely presented in working draft form and as a set for concepts with the realization that subsequent discussions and negotiations may be necessary to arrive at a final outline and an eventual agreement. ALAMEDA COUNTY TRAINING AND EMPLOYMENT BOARD A Conceptual Outline THE RECONFIGURATION OF THE BALANCE OF ALAMEDA COUNTY JOB TRAINING PARTNERSHIP ACT (JTPA) SERVICE DELIVERY AREA (SDA) A Working Draft The SDA Chief Elected Officials (CEOsI The County Board of Supervisors (BOS) is clearly defined as the CEO for the balance of County SDA. The Elected Official Governance Structure The BOS shall enter into a consortium agreement with interested cities within the balance of County in order to share, and; thereby, jointly exercise certain specified authorities, responsibilities and accountabilities. Specific Functions Of The DOS Alone The BOS shall retain independent authorities in the following regards: - To appoint members to the Alameda County Private Industry Council (PIC). - To select, concurrently with the PIC, the SDA Grantee Entity and Administering Entity. - To approve and to submit (concurrently with the PIC) the required Alameda County Job Training Plan and modifications required to such a Plan. ,$hared Functions Of The County /Cities Consortium The County /Cities Consortium shall exercise all appropriate and necessary decisionmaking, oversight, and accountability for the day -to -day administration and programmatic conduct of the JTPA program. This shall include, but not be limited to: Needs assessments Targeting of populations for service Program design Setting performance expectations Designing and releasing requests for proposals Making funding recommendations Making final funding awards Negotiating and entering into contracts for service 1 Monitoring and evaluating contractors Operating certain program activities Providing oversight of programs Representing the Alameda County SDA at State, regional, and national levels Maintaining a partnership with the PIC Seeking out and accepting public or private grants Administering non -JTPA grants Performing all data gathering and reporting Marketing the JTPA Program yenbership In The County /Cities Consortium An open, ongoing invitation shall exist for all cities in the balance of County to be full, active members of the consortium. Membership is voluntary, and the possible choice not to participate would be without prejudice. The term of Membership is to last for the full duration of each two -year job training plan period (or the remainder of said period if joining during the Plan period). Such a time commitment to membership secures a heightened degree of commitment and clear lines of accountability. Existence Of A Consortium Governing Board The County /Cities Consortium shall be governed by a board comprised of duly appointed representatives of the City Councils and the BOS. Representational And Voting Responsibilities On The Governing Board Each duly appointed member shall assume a duty to act on behalf of the consortium as a whole. Voting rights shall be based on a "weighted vote" basis, with a total of 100 votes distributed between members on the basis of total population within each member's city. The County shall exercise a proportional vote based upon its representation of the population residing in unincorporated areas of the balance of County and any city populations for cities that do not choose to participate in the consortium. Affirmative actions can be taken on a simple majority of the votes available at a Board meeting, once a quorum is established. Financial Liability For Actions Taken. The BOS and the County /Cities Consortium shall each retain financial liability in direct relationship to the respective authorities and responsibilities held. The BOS shall principally be held accountable for its actions to disapprove and /or redirect the Job Training Plan in a manner divergent from the recommendation of the Consortium board. The Consortium Board shall be fully liable for all remaining activities. This Consortium liability itself would be apportioned on the basis of the weighted vote. The Alameda County PIC shall have no financial liability for the JTPA program. The PIC The PIC shall remain a 23 member council, with composition as follows: 12 Business 3 Organized Labor 2 Education 2 Community -Based Organizations 1 Welfare Agency 1 Economic Development Agency 1 Rehabilitation Agency State Employment Service 23 Members shall be appointed by the BOS for fixed and staggered terms of two years (Initial appointments shall be split with 11 members receiving 1 year appointments and 12 members receiving 2 years). All potential nominees shall be pre- screened by the County /City Consortium Board. The Board shall recommend individuals for the non - business membership and a minimum "150% pool" for the business membership. The Consortium Board shall be responsible to oversee the recruitment and nomination process to assure an appropriately balanced potential makeup of the PIC in terms of race /ethnicity and sex, and in terms of business type, size, location, etc. for the Business Sector. The PIC /Local Elected Official Partnership The PIC shall maintain two levels of partnership with local elected officials. The necessity for concurrence on all legislatively mandated areas for PIC /LEO agreement shall be maintained for both levels. The PIC shall, first and foremost, maintain its partnership with the BOS for Grantee /Administrative Entity selection and for Job Training Plan approval and submittal. This shall include modifications to said Plan, as well. 3 The PIC shall also maintain a day -to -day ongoing partnership with the duly constituted County /Cities Consortium Governing Board. The Board would then act as the fully authorized LEOs with delegated and prescribed authorities from the BOS. Sub Area Allocation And Devotion Of Resources The Consortium is first and foremost to act on behalf of the regional needs of unemployed job seekers and of employers in need of a productive workforce. The balance of County area shall allocate and devote JTPA entitlement funds on the basis of the following four Planning Areas: North Cities (Albany, Berkeley; Alameda, Emeryville, Piedmont) Eden Area (Hayward, San Leandro, Castro Valley, Unincorporated Areas) Tri Cities (Fremont, Newark, Union City) Valley (Dublin, Livermore, Pleasanton) Discretionary monies and plant closure /layoff projects shall be geographically targeted as appropriate and as determined by the PIC /Consortium Board. There shall be no predetermined arrangements with special status for individual cities or population areas and no guaranteed "pass through" of monies to such subareas for separate and /or unique programming. 4ethodoloav for Sub Area Allocation Of Entitlement Resources The allocation of entitlement resources to the four subareas shall be based upon a combination of the federally prescribed State -to -SDA multi -part formula and the most current total city or area population. Each portion of the State -to -SDA formula (currently three parts) and the general population shall be weighted equally to arrive at an overall computation. Allocations not utilized within the planned period shall be pooled as carryover funding and redistributed for the succeeding period on the basis of the new computations. Creation Of A Legal Consortium Entity. An updated California joint powers agreement shall be negotiated and entered into between the County and those Cities expressing a desire to join as members. The new entity would be a public joint powers agency. 4 Status As SDA Grantee And Administering Entity Subject to concurrent approval by the BOS and PIC, the newly - created consortium Agency shall serve as JTPA Grantee and Administering Entity. Per California's current practice and approach, this same entity would then also serve as the Title III EDWAA Substate Area Grantee. Staffing Arrangements Support activities for the BOS, the Consortium Board, and the PIC shall come from a single, unified staff. This staff shall as well serve in the function of SDA Grantee and Administering Entity. The transition from the current interim staffing arrangements into the new structure would include provisions for the full transference of the existing, highly experienced, professional staff within the ACTEB entity. This transference would include all pre - existing personnel systems, retirement plans, labor agreements, leases, continuing contractual arrangements, etc. Personnel decisionmaking would be maintained by the Consortium Board. Manaaina The SDA's Performance Overall SDA performance shall be established, managed, and overseen on both a regional and an individual program area or contractor basis. Once the overall SDA requirements, as well as the individual program area requirements are established, individual program contractors and /or service providers will be held to perform strictly to the terms of their contracts. Each contractor /service provider is expected "to pull its own weight" within its contracted area of responsibility. An established, uniform system for oversight and progressive steps of reaction and contractor corrective actions is to be in effect. Contractors /service providers may definitely face discontinuance of funding for failure to meet minimally prescribed written standards of performance. Flexibility To Provide Services To Populations In Need The PIC and the Consortium Board shall establish overall SDA - wide goals for service to populations in need based upon both demographic information and current needs analyses. However, within each area of program design, accommodations may be allowed to respect the fact that different areas of the SDA have differing needs and demographics. Where possible, variations to the overall SDA service goals for target populations may be allowed for individual service providers, so long as the overall aggregate level for all contractors meets the SDA's needs. 5 The PIC and Consortium Board shall strive to establish an overall construct of service delivery for eligible targeted individuals with a concern for the physical proximity of service providers to targeted, eligible populations. This service delivery system will attempt to balance the dual concerns for JTPA services to be within or near to the communities that eligible individuals live within and for JTPA graduates to be available for and willing to accept job placements which may be outside their community and requiring a commute. Co- Administration Of The Federal Community Services Block Grant (CSBG) Procrram The newly - created JTPA County /Cities Consortium shall also serve to accept and administer the balance -of- County (aside from Oakland and Berkeley) federal CSBG program. This small program (with current annual allocations of approximately $325,000) has historically aligned its political governance and administrative staff support with the JTPA delivery system; thus creating the ACTEB /Associated Community Action Program (ACAP) entity. This small program could not, in all likelihood, sustain a separate ACAP consortium government structure. 6 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the nineteenth day of February, 1991, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this twentieth day of February, 1991. Diane Felsch, City Clerk City of Alameda