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WHEREAS, the County and the Cities wish to continue the most <br />effective local government program to deal with the unemployment and <br />underemployment problems as well as assisting the disadvantaged in <br />the war on poverty of the residents of Alameda County; and they have <br />detemined that such problems can best be resolved and such funds may <br />be best administered by separate entities called the Alameda County <br />Training and Employment Board and Associated Community Action Pro- <br />gram, frequently acting in concert and therefore sometimes referred <br />to collectively as ACTEB/ACAP, which are created hereunder; <br /> <br /> NOW, THEREFORE, IN CONSIDERATION of the mutual terms, covenants, <br />and conditions herein agreed, the signatories agree as follows: <br /> <br />I. ORGANI ZATI ON <br /> <br /> A. Name of Agency. The parties hereby agree that two agencies <br />composed of a combination of the parties signatory to this agree- <br />ment, be and are hereby created under the aforesaid provisions of <br />law for the purpose of administering this agreement, and shall here- <br />after be designated as ACTEB and ACAP, and sometimes referred to <br />collectively as ACTEB/ACAP. <br /> <br /> B. Certifications. This amended agreement is not prevented bY <br />State or local law from taking effect in any of the geographical <br />areas which it purports to serve. Furthermore, the legal officers <br />of the County and the Cities have assured in writing that each sig- <br />natory has the legal authority, under State and local laws, to enter <br />into this amended agreement. <br /> <br /> C. Power Exercised; Purpose of Agreement. The power to be <br />exercised is the planning, development, and administration of pro- <br />grams under and in accordance with the JTPA, CSBG, and the State of <br />California enabling legislation or successor legislation enacting <br />the same purposes as preceeding legislation referenced herein. The <br />purpose of this amended agreement is to continue, under the afore- <br />said legislation, the separate public entities of ACTEB and ACAP <br />which will exercise such power. Such power will be exercised and <br />the purpose of this amended agreement will be accomplished in the <br />manner hereinafter set forth. <br /> <br /> D. Powers of ACTEB/ACAP. While ACTEB and ACAP are sometimes <br />referred to collectively in this agreement as ACTEB/ACAP, for cer- <br />tain purposes, including but not limited to funding, ACTEB alone <br />shall have decision making power for actions taken under and pur- <br />suant to JTPA and the State enabling legislation; and ACAP alone <br />shall have decision making power for actions taken under and pur- <br />suant to CSBG and the State enabling legislation. <br /> <br /> ACTEB shall have the authority to plan, develop, and administer <br />programs within its area of jurisdiction which is Alameda County, <br />excluding the City of Oakland. ACAP shall have the authority to <br />plan, develop, and administer programs within its area of jurisdic- <br /> <br />-3- <br /> <br /> <br />