HomeMy WebLinkAboutCity of Tamarac Resolution R-80-012� y Introduced by C/M Disraelly Temp. Reso. #1493
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-80-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAMARAC, HEREINAFTER DESIGNATED AS THE AGENT,
AUTHORIZING AGENT TO ENTER INTO A CERTAIN CONTINUING
EMPLOYMENT AND TRAINING CONTRACT AND FURTHER AUTHORIZING
A CERTAIN ADMINISTRATION OFFICER OF THE AGENT TO
EXECUTE A CONTINUING AGREEMENT BETWEEN A GOVERNMENTAL
CONSORTIUM CREATED TO CONDUCT EMPLOYMENT AND TRAINING
PROGRAMS IN BROWARD COUNTY, FLORIDA, AND THE AGENT,
IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED
IN SAID AGREEMENT.—
WHEREAS, after due consideration, the City of Tamarac,
(Agent) deems it in the public interest to execute a continuing
Agreement between the Broward Employment and Training Administration
in said Agreement No. 80-0702, a copy of which is attached hereto and
made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1: That the pertinent officials, Mayor Walter Falck
and City Manager, Edward A. Gross, are hereby authorized to execute
Agreement No. 80-0702 between the Broward Employment and Training
Administration and the Agent.
SECTION 2: That a certain administrative officer of the
Agent, occupying the position of City Manager, is hereby authorized
to execute Amendment (s) to said Agreement, without further authorizati
except that the Agent shall have approved Grant Application Request
Funds prior to submission, and such acts as the said administrative
officer shall undertake pursuant to this Resolution shall become the
acts of the,Agent. It is understood that this program shall enable the
Agent to commence much needed public service, which under present
economic conditions would not be feasible to undertake, and to provide
immediate employment and/or training opportunities for a large section
of the unemployed labor pool.
SECTION 3: That this Resolution shall be in full force and
effect as of the date of the commencement of any activity pursuant to t
contract between the Broward Employment and Training Administration and
the Agent, which is attached hereto and made a part hereof.
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3°
3E
PASSED, ADOPTED AND APPROVED this
ATTEST:
'CITY CLFIRK r
I HEREBY CERTIFY that I have
approved the form and correctness
of this RESOLUTION.17A40 .1.1 /'/J/, //�tw Y1 on n_.
CITY ATTORNEY
23rd day of January \, 1980.
1
MAYOR"
RECORD OF COUNCIL VOTE
..CT 1:
,''ICT 2:
iSTRICT 3:
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BASIC AGREEMENT NO 80-0702
AGR=- NL T BETWEEN THE
BROWARD EVLOYMENT AND TRAINING
ADMINI STRATI ON
A GOVEILN- IETT_Al CONSORTIUM CREATED
TO CONDUCT TRALNLNG AND
E4PLOY-%fF"NT PROGRAMS IN BROWARD
COUNT--, FLORIDA
AND THE
CITY OF TAMARAC
11
0
4. This Amendment, including the budget and occupational summary (where
applicable) and BETA Administrative Costs Sheet Form 64 (where applicable)
�d herewith incorporated into and made a part of the Basic Agreement
80-0702 and the Assurances and Certifications
therewith attached as per Article III and Article V Section 500.2 (b)
of Basic Agreement No. 80-0702 , and the attached proposals
and training plans or employability plans where applicable.
S. This amendment was approved at BETA Council Meeting No. 62
held on September 13 19 79 Item No. 3 B
(Reference Memorandum No. - (PS )
r1
L
PROVEL c CR ACZ 1
APPRC=- FCR BETA
BY:
TITT.rE :
DATE:
RECCMM.ENDED FOR BETA
BY:
TITHE
ZATZ:
3. Special Obligations As they Relate to the Program Funded by this Grant.
N/A
u
r
•
i
9
FS
AMENDMENT No. 80-0702 001 VI-P
TO BASIC AGpX=a 1T No.80-0702
BY AND BETWEN THE BROWARD EMPLOYMENT AND
• TRAINING ADMINISTRATION AND: THE CITY
OF TAMARAC
I
0
80-0702 001 VI-P
THE CITY OF TAMARAC
1979
3,015
S
4,450
:+�R�AN' S CG2KP�75?�ZZDN
,
M r = A= :,,::: —=S'mus=
$
2,014
=770ptms
$
1, 500
AVAced
Leave
$
2,545
Wage Adjustment
$
4,873•
V r•YL
^per-V3?iG =STS
�S
S•
�,---S SA:.,%;;,=S
$
838
251
850
Cie_ I`-•^
ComDrehens_ive General Liability
S
100
Equipment
5
300
- ---- - - - - ----- - - - - --
_
- - - - - - - - - - - - - - - - - - - - - - - - -
14,.3V4
18,397
w
2,339
55,040
Amendment No 80-0702 UU1 VI-F
Amendment To Basic Agreement No. 80-0702
Entered Into On The Day of
• 197 By And Between The Broward
Employment And Training Administration, A
Governmental Consortium Created to Conduct
Training And Employment Programs in Broward
County And THE CITY OF TAMARAC
)1. Agent's Legal Name, Address, Telephone Number and Contact Person
City of Tamarac
1581l Northwest 88 Avenue
Tamarac, FL 33321
722-5900
12. Title of Official Authorized to Act as Signatory on Amendment on Agent's Behalf:
13. Date Agent agreed to enter into the original agreement with BETA as noted in the
Resolution and/or minutes of Agent's Board of Directors or Council Meetings.
(Attach a certified copy of those minutes to this Amendment)
34, We Articles & Sections contained in Basic Agreement No. 80-0702
Applicable to the Program Funded Under this Amendment are:
I, II, III, IV, V and VII
:�mcunt of Funds Granted to the
?cT<,,ats `)v 3ETA including Administrative
( as l i s med in 006 ) for program (s )
to be funded by this Amendment.
$65,040
Prot= -ten Becinn_na Date
006. Administrative Costs Grantees =or
the Prom --am herein described. (For
Title irl PSG projects, see project
descriptions for a per project -
breakdown)
$2,339
008. Procran Termination Date
October 1, 1979 September 30, 1979
:Z. 'T:r_a_ No. _' to *e _ _ _c^�e� Tcta'_ Nc. �,'
Six (6)
•
N/A
,1. Name(s) of Project(s) or Activity to be funded under this Amendment with
Title VI CETA funds.
lammunity Service Aide Project - "A"
a
,2. Program Description: (PSE Title VI Projects are herein listed and numbered in
Oder of their names as listed in 011 above.
"A" Community Service Aide Project
Aides will respond to non -emergency calls from citizens channeled by and through
they Poli(-a Department and that are not of a nature to require police type service.
The areas of responsibility for project personnel will also include those of
dir;aster preparedness and accident investigation, which will include direct action
in the delivery and institution of natural disaster plans and the investigation
of minor traffic accidents. These activities are designed to provide needed
services that have impact on a citizen's welfare.
0
TABLE OF COMTENTS
•
ARTICLE
PAGE
Preface
1
I. AGRE:'"' iiT PURPOSE A.,M DEFINITIONS
2
100.
Purpose
2
101.
Definitions
2
II FISCAL MANAGEM-INT
18
200.
Compensation
18
201.
Fiscal Controls
18
202.
Method of Payment
19
203.
The Budget Summary
20
204..
administrative Costs
21
205.
Property Management
21
III GENUAL CCNDITIONS
24
300.
Grant Applications
24
301.
Conflict of Interest
24
302.
Poli`?cal Activity
24
303.
Religious activity
25
304.
Equal E=ployment Opoortunity/Affirmative Action
25
305.
Grievance Procedures
26
306.
Publicaticu and Publicity
27
307.
Subcontracts
27
•
308.
Notice
27
309.
Assurances aad Certifications
27
310.
Integration
27
311.
Vested towers
26
312.
Disputes
23
313.
Teriaat_on
29
314.
waintenance of F,ffort
31
3I5.
Nenotis-
34
316.
Aplicaticn o= the Davis Bacon Act eo
programs operated under this Agreement
35
317.
Fraud and Abuse
35
313.
Child Labor Laws
-
319.
Collective 3argaining Agreements
36
320.
unions
36
321.
Classification cf C-A Participants
36
322.
Wor'.cias Conditions
36
323.
Trainia_
37
32=.
Inccme Deri,:ed t-cm the Operat_cn o CE-'A ?ro;_ra^s
37
33
3e=_reme __
-_
�Z7.
Ins ..terca anc 3crd4 -
�=
RaS,Cns._____ as .._
- _ .
Res-: ^_5--
V
A
•
1
U
ARTICLE
PAGE
V
PROGRAM OPERATION
42
500.
Amendments
42
501.
Amendment Authorization
43
502.
Amendment Procedures
43
VI
PROGRAM OPERATIONS FOR PROGRAMS FUNDED
45
THROUGH TITLE II A, B & C OF CETA
600.
General Obligations
45
601.
Classroom Training Title II A, B & C Programs
45
602.
Work Experience Title II A, B & C- Programs
47
603.
On the Job Training/Title II A, B &.0 Programs
49
604.
Child Care Delivery System/Title II
51
A, B & C Programs
VII
PROGRAM OPERATIONS FOR PROGRAMS FUNDED
UNDER
TIME II-D OF CETA
53
700.
General Obligations
53
701.
Eligibility
5.5
702.
Agent's Responsibilities
55
703.
BETA's Responsibilities
5.6
704.
Participant Compensation
56
705.
Groups to be Given Special Consideration
58
VIII
PROGRAM OPERATIONS FOR PROGRAMS FUNDED
UNDER
TITLE VI OF CETA
60
800.
General Obligations
60
801.
Eligibility
61
802.
Agent's Responsibilities
62
803.
BETA's Resnonsibi'-ities
63
804.
Participant Compensation
63
805.
Groups :o be Given Special Consideration
65
LY
Y0L'T'd
PROGRAMS OPERATED UNDER TITLE I7 :
67
900.
General Obligations
67
901.
Operation of YCCI? Funded Programs
67
902.
Operation of YETP Funded Programs
71
1
AGREMEaT N0. 80-0702
THIS AGREM=, entered into this day, of ,
197, by and.between the Broward Employment and Training Administration, a
consortium of the Cities of Fort Lauderdale and Hollywood and Broward County,
existing under and by virtue of the laws of the State of Florida as an Agency
of the State, having its principal office at 330 North Andrews Avenue, Fort
Lauderdale, Florida 33301, AND CITY OF TAMARAC
ersting under and by virtue of the laws
of the State of Florida as a Municipality
having its principal office at 5811 N. W. 88th Ave.
Tamarac, Fla 33321
to begin by the 1st day of October 1979, and to end the
• 30th day Cf September 1980.
71=- SSET3 7BA"-r:
`«.�,5, the 3rcward Employment and Training a 4^ist-atiou has
catered into an agreement -with the United States Depar=ent of Labor for a
grant for the execution and implementation of a Czmarehensive Manpower ?rcgrP.::;
a.N-D
fNacM.kS, the elected officials cam -.:sing the Broward Walo erc
aad Training administration and the officials of the United States Depa—.t=en=
of Labor are desirous of providing fob t-piping anc employment oppor_urities
+ilia::: 12aa _0 ya.T�3L"1 emrlCmle^.t OD�O� �::a.�� �5 and enhance sa_f
.e 373Wa= 0`Ten
Z 7_a 3 =...._--ate_..__..._
;--size_ _c en,a=e _:_
City of Tamarac
•
tit 0=.wc__ ��_^,r,2�` ..
0 __ ._.- _ :' ____ .. _�
.. SS 2
out the below described activity relating to a reduction in unemployment within
the structure of the Comprehensive Employment and Training Act;
NOW THEEEFORE, in consideration of the premises and the mutual
covenants and obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and agree as follows:
ARTICLE I: AGRM= PMUOSE kW DEFINITIONS
100. Purpose
It is the purpose of this Agreement to state the covenants and conditions
under which the Agent will implement and provide Manpower Training and Employment
Services, as shall be described herein, to be funded under the guidelines of CZ -.A,
as amended, and under the contracting powers of the 3roward Employment and Training
Administration.
101. Definitions
101.1 "Academic Credit" shall mean credit for education, training or
work experience applicable toward a secondar-,7 school diploma,
• a post secondary degree, or an accredited certificate of
completion, consistent with applicable State law, regulations
and policy, and the requirements of an accredited educational
agency or institution.
101.2 "Act" shall mean the Comprehensive =mplovment and l'rai..ing Act,
as currently amended.
101.3 "Adr..iaist.ative Costs" shall. mean all indirect and direct
costs associated with the management of the program funded
by this Agreement. These costs are those which do not QiraCtl:'
_ 3ar..�c4tn its Out are necessar?
— rect oene__cs. Ih
cosy are t-ene'.c—
• ?aa az 7 1ar
1
t
101.4
"Affirmative action Plan" shall.mean a written procedure
within the Agent's non-discriminatory personnel policies
pertaining to recruitment, hiring, and promotion, establish-
ing a method to guarantee equal employment opportunity for
all.
101.3
"Agent" shall mean CITY OF TAMARAC
101.6
"Allowable Costs" shall mean those costs which are necessary,
reasonable and allowable under applicable Federal, State and
local law including the CETA regulations, for the proper
administration and performance of the services to be provided
under this agreement. For purposes of Audit onlp those costs
included in agent's budget and approved by BETA shall be
considered an allowable cost.
101.7
".alternative Working arrangements" shall mean the patterns or
•
schedules of worst which deviate from the regular work week.
This may include staggered hours, flexible hours or flexi-
time, compressed worst weeks, part-time employment, job
sharing and work sharing.
101.3
"Amendment" shall mean that part of this Agreement executed
simulcaneeusly with or subsecuenc hereto which speci_ical'_;r
describes Agent's program and makes reference to those sections
of this Agreement applicable to the operation of Agent's pro-
gram, and/or amends this Agreement or anv Amendments hereto.
saa=_ mean an occic:a_l-7 auc-or_t`
-_.an secs 'or... cue to^s qua__=--
-=_--... ==n_o--me^= =-a _ra_-_ _ =_
Sc.. =a====s as
_= =a3-=
Q
.
101.10 "Architectural Barriers" shall mean physical conditions of
a building, facility, or other physical structure which
reduce the accessibility to or usefulness of such building,
facility, or structure to handicapped individuals.
101.11 "Artificial Barriers to Employment" shall mean, limitations
such as age, sex, race, national origin, parental status,
credential requirements, criminal record, lack of child care
or physical or mental status, etc. which affects a person's
employability status or employment opportunities.
101.12 "Assessment" shall mean services which are designed, usually
through interviewing, to determine each participant's employ—
ability, aptitudes, abilities, and interests and to develop
a plan to achieve the participant's employment and related
• goals. Testing and counseling may be part of the assessment
process.
101.13 "Audit" shall mean a systematic review to deteraine and
report whether Agent's financial operations are berg
properly conducted, financial reports are besag yresent_c
=a:rly and applicable laws and regulations are being cow lied
with.
101.14 "BETA" shall. mean the Brcward employment and T_ra' .6
Admiristraticra-
101- "capital '-r='rovese:::" Shall mean dnv modi-`-caticn, aGG-__Cr ,
yr Cther :L=rovemenc .;—zh _'�r23s2s t:'12 '+d_�..c.
as2 :_ se: T.==G -2
a-- s sa =sse: :. _ 3 _ ...t _^:CS23 _fie
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i
of which increases the value of the item and is subject to
depreciation.
101.16 "Career Employment Experience" shall mean an activity in
which in —school youth are enrolled providing for employment
through work experience or on—the—job training and transition
services, for programs supported through Youth Employment and
Training Program funds.
101.17 "CET," shall mean the Comprehensive Employment and Training
Act of 1973, as currentl7 amended.
101.18 "Certification" shall mean the process whereby, an applicant
for a -ZTA program is deemed eLgible b7 BETA. Proof of
eligibilit7 shall consist of a Certification Slip to be
provided b7 BETA.
101.19 "Classroom Traiing" shall mean any training conducted in an
• institutional setting designed to provide indivtduals :rith
the technical sk.—Ils and information required to perform a
specific job or group of jobs including the upgrading of
basic skits.
101. 20 "Compensation" shall mean the .rages and salar;T payab La to a
Cid participant, but does not include :singe benef:.ts or
supportive services.
101.21 "Construction" shall mean the erection, installation, assemb;.
or painting of a new structure or a major addition, a nansic:,
or extension of an existi:Q structure and the related site
7reDarat=C :. 8x�aJat�v^A, ��-1--_ landsca-,: oche: _6.Z
trovene
_.,_.-- "0ecende,_" s:.al_ Wean _ ce=sc.. _..- :re` _..�•=_r.__•r __.c
• ass*.wed �.,:� _- = =e_= s:._.cr= � .e _s _ nz=�er __ = =E=ec__==
�aa'=
A
•
•
household or is not a member of the household but is a parent
or child of the participant or a relative of the participant who
is: unemployed because of a mental or physical disability.
101.23 "Displaced Homemaker" shall mean an individual who has not
worked in the labor force but who has spent a substantial
number of years working in the home providing unpaid services
for family members and has been dependent upon the income of
another, but'is no longer supported by that income or is
dependent upon public assistance and is unemployed or under-
employed and is experiencing difficulty in obtaining or
upgrading employment.
101.24 "DOL" shall mean the 'United States Department of Labor and
includes each of its operating agencies and other organiza-
tioual units-
101.25 "Economically Disadvantaged" shall mean an individual who
is a member of a family which receives public assistance or
has a family income during the previous six (6) months or -
an annualized basis which .could have qualified the faaily
for public assistance, if it had applied for such assistance,
or whose 4amily income does not exceed the most recently
established poverty levels as dete=ined bo the DOL, or 7T:
of the lower living standard income 'eve_, Cr is a foster
child on behalf of Whom State or Local gover'onent payments
=To made. Econcmica'-ly Disadvantaged shall also mean a
client of a sheltered workshot), or a handicapped individual,
_cc
or a persor.
-cc^ asa_ cr c=un_=.
:CL'r SuVZCr _ . -
cs-
_ -
S:'s
.eAc---_�t_'Ji. =fiC:--
res2� 5�
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"Entry in
101.26 Level" shall mean the lowest position any pro-
motional line, as defined locally by collective bargaining
agreements, past practice or applicable personnel rules.
101.27 "Family" shall mean one or more persons living in a single
household who arerelated to each other by blood, marriage,
or adoption. A stepchild or a stepparent shall be considered
to be related by marriage. A member of a household who is
over 18 years of age, who receives less than 50X of his/her
support from the family and who is not the head of the
household nor the spouse of the head of the household shall
not.be considered a member of the family. Such an individual
shall be considered a family of one. An older worker or a
handicapped individual who is 16 years of age or older may
•
be considered a family of one.
101.2E "Family Income" shall mean the sum of all money received from
all sources during the income determination period:
(a) gross wages and salar? (before deductions);
(b) net self -employment iacrme (grass receipts minus
operating expenses) ;
(c) other money income received from sources such as
net rents, Old age and Sure vcrs Lnsurance, So da_
Securt7 benefits, pensions, al:�=n;T, child supoor=,
and per' odic income :rcm insurance polio ar�ui ties ,
and other sources of income.
"Famiiv Income" shall exclude:
(a.) non —cash ilicome such as focd stai=ms, or c-_=-ce:,.sazfcn
ro`ei+Ted 4:1 =he =vrr1 oz :CCG C' •acusi:'_
(: i=putad Tal.>e cf-==•-_=-
� Z. aZ Z'_.5t! .Ca zap =e=__ ,
. (d) cash payments received pursuant to a State plan
approved under Titles I, IV, %, or %VI of the Social
Security Act, or disability insurance payments received
under Title II of the Social Security Act;
(e) Federal, State, or local unemployment benefits;
(f) payments made to participants in employment and
training programs (including payments received under _
CET? Title TV or Title VIII.or Title V of the Older
Americans Act), except wages paid for Public Service
Employment and On -The -Job training;
(g) capital gains and losses;
(h) one
time unearned income, such as, but not limited to:
(1)
payments received for a limited fixed term under
income maintenance programs and supplemental
(private) unemployment benefits plans;
(2)
one-time or fixed -term scholarship and fellowship
grants;
(3)
accident, health, and casualty insurance proceeds;
(4.)
disability and death payments, including fixed term
(but not lifetime) lw'e insurance annuities and
death benefits;
(3)
one-time awards and gifts;
(6)
inheritance, including fixed term annuities;
V)
fixed term workers` compensatiou awards;
(8) te^nal leave pay;
l (9) soil bank payments;
(10)agriculture crop stabilization payments;
(i) pas or allowances which were prev'_ousl? received by
an-7 veteran while ser-r ng on active duty in the Armed
Forces; and
(_ _ducat=0nal assistance and CO3=DenSnt,On _a-7men�5 =
veterans and cc!- a: e_ --�i
Jersrns t1nGe'
and = - a ?8.n�cec scacas cd:.
0 `i _ _ - -
0
101.29 "FEY" shall mean the fiscal year of BETA, which is October 1
through September 30 each year.
101.30 "Grantee" shall mean any individual or organization which
receives a grant from the Department of Labor to establish
or operate any program or activity under C TA. (ie. BETA)
101.31 "Handicapped Individual" shall mean a person with a physical
or mental disability which constitutes a substantial barrier
to employment and the person can benefit from CZTA services.
101.3Z "In -School" shall mean the status of being enrolled full-
time and attending an elementar.7, secondary, trade, technical,
vocational school or college.
101.33 "In -School Youth" shall mean a person age 14 to 21 who:
(a) is currently enrolled full-time in and attending a
• secondary, trade, or technical vocational school
or coLmmunity college, or
(b) is scheduled to attend full-time the ne_Yt rea.Lar'_y
scheduled quarter or semester of -any of the schools
described in (1) above, or
(c) has not completed 'nigh school or is scheduled '.o
attend or is attending on a full-time basis a school
program leading to a high school diploma or ::s
equivalent. -
101.3 "Intake" shall gear. tale process of screenifng
the initial determination as to wnecher the program can
benefit the individual; the determination of the em-plovmen:
and training activities and services which vould 'oe approp' a__
'or :he amolican: :he de:gE=4=a:_..7. o :ae _.a__a -
a:: _rs___ , a �2____-
or. sa_ect_o
101.35 "Local Education Agency" (LEA) shall mean a board of
education; or other legal school authority having adminis-
trative control and direction of public, elementary or
secondary schools; or other public educational.iastitution
or agency having administrative control of a vocational
education program.
For purposes of YETP, an LEA shall mean a public board of
education; or other legally constituted public authority
with administrative control or direction of or which performs
a service for public, elementary or secondary schools in a
school district or combination of districts.
101.35 "Lower Living Standard" shall mean the income level determined
• annually by the Secretary of Labor based upon the "lower
living standard budget level" issued by the Bureau of" Labor
•
Statistics.
101.37 "Low Income Housing" for weatherization projects shall mean
dwellings of individuals whose incomes are at or below
125 percent of the poverty level. These dwellings may be
privately owned and owner occupied, privately owned by a
non-orofit organization, cooperatively owned or units of
public housing. For weatherization projects f•,mded and
approved by the Federal Ener;y administration "low income
housing" shall include priaately owned rental housing. Low
income HoL'sinz for re::abil;tatlon as Dart of co=unat7 revital_-
zati= or stab-1_zatiJn s a-_ mean those dweii:aQs occuvi-C
'Dv Derscns whose t1come does not exceed 0 terCe^.=
7 5 Da_
i
i
• of the median income for the area, in accordance with the
United States Housing Act of 1937 and which are owned by the
i
occupant, publicly owned, owned by a private non-profit
r
orgy-4 atioa, or cooperatively owned.
101.38 "Low Income Level" shall mean $7,000 with respect to income
i
in 1969, and for any later year means that amount which
bears the same relationship to $7,000 as the Consumer Price
Index for that year bears to the Consumer Price Index for
1969, rounded to the nearest $1,000.
101.39 "Member of T=ediate Faaily" shall mean, wife, husband, sox,
daughter, mother, father, brother, brother-in-law, sister,
sister-in-law, daughter-in-law, son-in-law, mother-ia-law,
father-in-law, aunt, =cle, niece, nephew, step-parent and
• step -child.
101.40 "`Ion -Positive Termi=ticn" shall mean the termination of a
participant who leaves the program other than to enter
employment or for a reason not specified is the definition
of "other positive ter=ination" as set .forth in Section 101.4.E
below.
101.4_ "Offender" shall mean any person, adult or juvenile who
is or has been subject to any stage of the c_iai:al justice
process for whom employment and training services may be
beneficial or who requires assistance in ove_com_zg az-i-
_iciai barters to e='_oyment .esultiz2 f_--c a reco==
arrest or
_
•
. 5
•
"Older 55
101.43 Worker" shall mean a person who is years of age
i
or older.
1O1.44 "Other Positive Termination" shall mean the termination of
i
i
a participant who leaves the program for one of the following
"i
' i
reasonsi -
f(a)
enrollment in full-time academic or vocational schools;
entrance into a branch of the Armed Forces;
(d') enrollment in activities funded under another CETA title;
(d) enrollment in a manpower program not funded under CSTA; or
(e) completion of program objectives not involving entrance
into unsubsidized employment. This would include:
participants enrolled in activit9 designed to provide
incentives to remain in school who leave the activity
but ra—Ain in school or who finish the school year;
participants enrolled in upgrading training who complete
such training; participants enrolled in the program to
receive supportive services only who leave the program
.
after receiving such services; and part cipants enrolled
in the program to receive GZ:). or other such training who
successfully complete the training, and for whom eatrance
into unsubsidized employment is not a program objective.
101.45 "Outscatiouiag" shall mean the positioning of PS-c or work-
experience participants by an employig agency at a location
or facility operated by an organza ion other than the emplov-
ing ageac-7 at a location or facility operated by an organ;zat-en
other than the employing agency so that the other organization
supervises and assigns work to the participants.
101.45 "Participant" shall mean a person who meets the c.A require-
ments of el_zbi'_i:v and the provesions as set forth caere_r.
and has been "intakan" into a 3Z ''A orceraa and oho _s -ecei
e_-plovmeat, ==aiirz cr se-r_ces _.=dec =.der the Ac_- emc_- _
_moose �wVr �^iL6r� M C zece_.,e 0:1— C tre=C " ::
•
z_ __ c 1 7 5 >ao__
4
i
1
101.47 "Placement" shall mesa the act of securing unsubsidised
r►
employment for or by a participant. _
101.48 "Pre -Apprentice" shall mean an individual being prepared
to enter an apprenticeship training program as set forth in
Section 101.9 above. _
101.49 "Program" shall mean the activities and services to be
provided by the Agent under and pursuant to this Agreement.
101.50 "Project" for the purposes of Public Service Employment shall
mean a definable task or group of related tasks which w4_1_1
be completed within eighteen (18) months, has a public
service objective, will result in a specific product or
i
accomplishment, and would otherwise not be done with existing
funds.
"Project" for the purposes of Youth Community Conservation
and Improvement Projects shall mean an activity winch provides
constructive work, conducted by youth, under the guidance of
skilled supervisors, which results in tangible outputs or a
specific product, benefits the pa. icipants in terns or work
habits, skills, and attai=end of acade a c ed-4: mere.
applicable and •ryll be completed vithin a definable period
of time not to exceed twelve (121) months.
1O1.51 "Public Assistance" shall mean aederal, State or local gavera-
meat cash payments to a participant for ;mom eligibility is
dete_Wi,ed b7 a need or intone test.
L-TS7j steal_ Ilea'.' su`s:
t
t
_ provide the type of work normally provided by governments
and includes public services as defined in Volumes 20 of
the Code of Federal Regulations (C:R) Section 675.4.
101.53 "Recipient" shall mean, BETA.
101.54 "Residence" shall mean an individual's permanent dwelling or
home. Maintenance of an address is not necessarily the same
as residence.
101.55 "Retraining" shall mean a program that teaches participants
new skills distinct from those possessed upon entering the
program and shall be for those occupations in which skill
shortages exist.
E 101.56 "Similarly Employed" shaL' mean the status of a person who
is work:Lag for the same employer as the CET.4 participant,
• is doing the same type of work and is similarly classi-fied
with respect to emplovment status (e.g. full-time, permanent
or temporary).
101.5; "Slot" shah mean an open ended employment positron which
one (1) or several participants may occupy at diz-.-ent
times ::thin the same contract period.
101.55 "Spec-ial Disabled 7eteran" shall wear. a person who served
is tt.e :firmed Forces and was discharged or released, with
other than a dishonorable discharge, and who had been given
•
a disabilit7 rating of 30 per cent= or more, or a person
whose disc arse or release active dut-% ra=_ fo-
disa��__
_.,_
zcn -_t_t a^�^ .::--•-=ec==%es a -'a-t =_�tz =_ grime -tc:_..=
aae rase=
lama
}
grantee, or recipient under CETA.
i -
101.60 "Subrecipient" shall mean any person, organization or other
entity which receives financial assistance under CETA through
a recipient to carry out substantive work (e.g. employment,
training, supportive services).
101.6L "Training Plan" shall be that document which states in detail
the skills the participant shall attempt to accomplish during
i the course of his/her training period.
101.62 "Transition Services" sha-1 mean activities and services
designed to assist youth in making the transition from school
to —subsidized jobs including but not 11-ited
to:
i
(a)
outreach, assessment and orientation
(b)
counseling
t
(c)
activities promoting education to work transition
i •
(d)
providing labor market information
(e)
literacy and bilingual training
(f)
attainment of Sigh school equivalency
certificates
(g)
job 'sampling
(h)
institutional and on-the-job ��aiaing
(i)
job restrsctuxt=g
Q )
information regarding employment and
training
opportunities
(k)
job development, direct placement and
placement
assistance
(1) assistance in overcoming sex-sterect-704-n_
(a; c ilc Care, ^anspor_a:_ca and at'-.er necessa-
assistance
(M) cutra-�C.^. and ..t-e- sa==C?5 =ne i a:C'
_Crze .c_�-_ Cc__C^a �a:2 c"S.CL= rr -?s and "C=E-
'. 101.63 "Underemployed Person" shall mean a person who is working
part-time, but seeking full time work or who is working full
time, but receiving wages less than the higher of either the
poverty level or 70 percent of the lower living standard
income level.
101.64 "Unemployed Person" shall mean for the .purposes of determining
eligibility a person who is without a job for at least
seven (7) consecutive days prior to application for partici-
pation. A person shall be considered as being without a job
if, for seven (7) consecutive daps such person has worked ac
more than 10 hours, and earned ao more than $30.00 and was
seeking and available for work. An un — loyed person shall
also include a person who is a client of a sheltered workshop,
or a person who is institutionalized in a hospital, prison or
similar institution. An unemployed person shall include a
person who is 18 years of age or older :chose family receives
public assistance or whose fami'_7 would be eligible to receive
Public assistance but for the fact that both parents are lz
the home, ar a person who is a veteran who has not obtained
permanent unsubsidized employment since being released f_=
active duty.
IO1.o5 "'Up97adia2" sha'll mean a program that provides participants
with trainina, for advancement above entz7-'Level or dead-end
DOS 1tiOns _ at pas•1_1ons Of greater ski..._, respors,:,i;_'. .
ren=e_ation Cr car=_e_ acJance .e ::.
-es C __7 wane=_ • s a._ me=-- _
0
101.67 "Vietnam -era Veteran" shall mean a veteran under.35 years
of age who served on active duty between August 5, 1964 and
May 7, 1975 and who was discharged or released with other
than a dishonorable discharge.
101.68 "Veteran" shall mean a person who served in active duty for
more than 180 days, and was released with other than a
dishonorable discharge, or was discharged or released from
active duty for a service connected disability.
101.69 "Work Experience" shall mean a short term and/or part-time
work assignment with a public or private acn-profit employer.
101.70 "MIP" shall mean Youth Employment and Training Programs.
101.71 "YCCZP" shall mean Youth Community Consecration and
Improvement Program.
•
9
200.
• 201.
1
ARTICLE II: FISCAL :SANAGEMM
Compensation
200.1 The total budget for each program to be operated under this
Agreement shall be stated in the Amendment(s) attached hereto
or executed subsequent to the execution of this Agreement.
200.2 The budget for each Amendment shall be limited to:
(a) The operation of the program described therein.
(b) The Amendment period.
200.3 Funds will be made available to the Agent by BETA on a reim-
bursable basis for allowable costs as defined by Federal, State
and local guidelines.
200.4 In expending the program budget, Agent shall adhere to the line
item cagegories set forth in the Budget Summary attached to each
Amendment.
Fiscal Controls
201.1 Upon demand and/or within thirty (30) days prior to funding any
program or service, Agent shall allow BETA to evaluate Agent's
fiscal and personnel systems in order to be assured of. Agent's
capability to manage the program or project funded by thrs Agree-
ment or any Amendment thAereto.
201.2 At any time during normal business hours and as -Irequently as
BG A or COL deem aecessar7, there shall be made available to
BETA or UOL, for examination and audit, all contracts, invoices,
payroll records, personnel files and other data relating to a'__
matters covered by th_s :gre—ent or any zend-emt there__.
?as=li cf 73 oac—
201.3 BETA reserves the right to adjust the outflow of funds more or
less than originally anticipated up to the total amount of the
approved budget. BETA may deobligate or redistribute the funds
under this Agreement or any amendment hereto, to alternate Agents
within Broward County, Florida to the extent that either the Agent
is not able to perform effectively, or Agent's total program
costs will not be expended in accordance with the Budget Sammary.
201.4 Agent agrees to institute fiscal controls as established by BETA
from time to time so as to be able to satisfactorily account
for all monies spent in conjunction with each separate project,
the project cost in administrative overhead where app L'cable and
participant wages and concomitant fringe benefits.
201.5 Agent agrees and understands that funds allocated to Sent under
this Agreement or any Amendment or :codification thereto are.
conditioned upon the =A funds received by BETA. BETA, therefore
reserves unto itself the right to unilaterally deobligate, mod:..:y
or amend Agent's budget or 44 necessary suspend or terminate this
Agreement or any amendment thereto instantaneously and as may be
necessitated by BETA's TV 80 fund ng levels. In such instances
costs will
be reimbursed up to the data
of cancallaz4-cn on'7;
therea!—.er
neither BETA aor Agent shall
have any obligations
whatsoever
to complete or otherwise continue
the ?rog-am.
202. Method of Parent
202.1 Agent shall
submit a monthh financial
report C.4—�) to 3cT
vtthin ten
(10) working days fc: oviza
the end c_ each c-,iti =:_
:h_c re
ursamen t of a:=endec costs a-=_
cams :dec. :_. acc_t__ :.
?aze 19 pa4='
•
proper supporting documents in conformance with the requirements
of CETA shall be submitted as necessary.
i
202.2 Payments shall be made to Agent after acceptance of the '.ITR.
202.3 Agents failing to comply with 202.1 and 202.2 above may at BETA's
discretion, forfeit their right to receive payments for each day
that these forms are delinquent. Forfeited payments shall be
determined by deducting a pro rats amount based on Agent's monthly
M R for each day that the forms are late. Reimbursement requests
it -
submitted later than thirty (30) days after the close of the
grant period shall be honored at the discretion of B=A.
202.4 In no case shall salaries and concomitant fringe benefits be paid
in advance of work performed or services rendered.
202.5 The agent shall be liable to BL A for any unauthorized costs
iacurred in the operation of the Program act in accordance Frith
the stipulations under
this
Agreement or any Amendment
thereto and
•
for. CETA as it applies
to Agent's
program and the Title
under which
it is funded and the r•al.es and regulations pertaining thereto.
202.6 In the case of a request for reimbursement of expended costs '�.cu=ed
in the acquisition or leasing of capital and e_raendable ecuipme^c
as approved by BETA and delineated in Agent's budget su=aa;-,
Agent shall be required cc compl? v:.th Section 7-0f, ?roper_-
Management, of this Agreement.
203. _ae Budset Sunma^-
203.1 The Budzec and Summary attached cc each Amendment is iacorperace,;
�, to and made tar_ o f this : s-eeme- t .
• -- =_ 75 to
203.2 For pSE codifications there shall be an Occupational portion which
shall reflect the projected monthly salary and fringe benefits break-
down for each participant based on the Agent's official salary schedule
for a comparable position. The budget portion shall be consistent
with the Occupational portion; any change in the Occupational portion
requires concurrent alteration in the Budget portion where necessary
to maintain consistency, between the two (2) sections.
204. Administrative Costs
204.L If Agent is awarded administrative costs for salaries and fringe
benefits in order to operate a program or project funded under this
Agreement or an Amendment thereto, documentation in the fort of time
cards shall be kept indicating the time spent by each individual, for
whoa reimbursement for administrative costs are being requested,in
administering the particular Cc d/BETS, funded activity.
204.2 Agent shall act apply CETA administrative funds to support programs
or activities for any persons other than CETA enrollees.
• 205. Prvaerty Manasement
205.1 Tangible propert-), leased or purchased Jith CE'—k :ands, iaclugiag
personalty or realty shay_ be used only in ispleaenting the CTA/
BETA program f=ded by this Agreement or any Amendment --hereto.
Property purchased ,rith a valve of fist? ($50.00) do ?a-fs of mcre
shall belong to B=A upon teraisation o this Agreement.
.or buy propert":
205.2 I1 Agent -plans to lease, rent, lease nurc7ase,
a. Where the property is in e_Ycess of filty ($50.00) dollars but
under five hundred (5500.00) dollars, Agents ag*ees to solic__
: east tzree d- �_re sources.
�_itten cuccations by pncne _rcm at - --
to cl c:a c _ =ce ma; be consi- ere' _bit :ur^ose_
-t=s sec__
='e _,e
=Z_ees aca_-_-se =-c==ce_°% _o^a, sea.a_ =__=•
•
1
j c. Upon selection of a vendor Agent shall attach a copy of the
f invoice along with copies of the bids to Agent's monthly MFR.
Reimbursement shall be conditioued.upon attachment of these
documents to BETA Form 66.
d. If Agent has developed a purchasing system which it wishes to
utilize in place of the system outlined in 205.2 (b) and (c)
above Agent shall submit a copy of its Purchasing Procedure to
_ the BETA Executive Director and request a formal waiver of the
i' bid system herein described. The request will be reviewed and
a formal reply by the Executive Director approving or disapproving
the procedures will be issued within thirty (30) days following
receipt of the request.
205.3 Expenditures for consultant fees, space rental, insurance, data
processing, equipment, personal property and purchases with a per unit
cost of one thousand (S1,000.00) dollars or more are allowable only with.
DOL approval.
a. Prior to expending f:mds for any of the items described is
Section 205.3, Agent shall request written permission from BE=A-
BETA wl..11 then contact the Department of Labor and will. inforn
Agent as to whether or not the expenditure of funds for the
particular L'ne item has been approved. Agent shall not take
steps to acquire the property prior to obtai:ing a copy cf the
DOL approval letter from B=A.
203.j BET?, shall provide agent with inventory cag numbers for property
purchased .;:th funds granted to agent under this Agreement, fc:ic�
rece_pt b,7 BcT__ cf Agent's ' .rh4ch agent seal_ attac.1 t0 t: _
t
.11
•
205.5 Agent shall provide insurance coverage for all property purchased
with BETA/CETA funds in the event of loss or damage and shall name
BETA as the insured with regard to such property.
a. Any loss, theft, or damage to BETA property along with the
property's inventory tag number shall be reported to BETA and
the local police department as soon as possible following
discovery of the loss, theft, or damage but in any case not
longer than thirty (30) days following the actual loss, theft
or damage.
b. Any, recovery made by Agent following a report to Agent's insurer
of loss, theft. or damage shall be reported to BET?,. BETA w-ill
then inform Agent as to whether or not it may use the funds to
replace the property or wishes the monies to be returned to
BETA directly.
205.6 Thirty (30) days prior to the and of this agreement Agent shall
present BETA with a physical inventory of all property purchased
with BETA funds during this Agreement period. The physical invento=
shall contain a reference to the amendment number under which funds
were allocated to make the purchase and the BETA inventory tag number.
ARTICLE III: GENERAL COIMITIONS
i 300. Grant Applications
i •300.1 Agent understands and agrees to adhere to the competitive Request
for Proposal (RFP) system established by BETA in seeking funds from
BETA under any title of MA. •
300.2 Agent understands and agrees to accept any monies awarded to it
t '
r predicated upon its response to the RFP and following the approval
of the application by the BETA council.
300.3 In the event that a grant application has been conditionally approved
by the BETA.Council, the condition being a change in the grant applica-
tion as submitted by agent, Agent shall retain the right to withdraw
its grant application or to accept the application as approved in
the fors of an.Amendment.
301. Conflict of Interest
The Agent covenants that no person who presently exercises any functions or
• responsibilities in connection frith BETA has any personal or financial interest,
direct or indirect, in this Agreement, and that no person having any conflict
of interest shall be employed. Any, interest on the part of the Agent or its
employees must be disclosed to BETA. This paragraph shall not be constrsed
so as to unreasonably impede the statstor,7 requirements that maxima= opporr-'= tZy
be provided for employment of and participation b,7 residents of the a -=_a. The
Agent shall avoid conflict of interest involv4-ag procurement acti'rities using
funds appropriated under this Agreement.
302. ?ol- 4 ca? Act'vit-7
30=.1 None of the :sods, or ser-rites granted b-7 the XL or cont-ibuted
3 TA to =.^.e Axe= =de: :his SlaGl_ be use-d in ::-e ='s_'
:o-�a^.C_ nor cTT ocr�isa:: CC�_�_�3_ aC__.__, or ='c'
-fie _1____...r _-e QE_c3= J= a^-T cand;..—t=a Ct.o__z of-'-- e. _� _
•
S
302.2 No participant may engage in partisan or non -partisan political
activities during hours for which the participant is paid with CETA
• funds.
302.3 No participant may, at any time, engage in partisan political act-
ivities in which such participant represents himself/herself as a
spokesperson of the CETA/BETA program.
302.4 No participant may be employed or outstationed in the office of a
member of Congress or a State or local legislator or on any staff
of a legislative committee.
302.5 No participant may, be employed or outstationed in the immediate office
of any chief -elected official(s) of a State or unit of general local
government.
302.5 No participant may be employed or outstationed in positions involving
political activities in the offices of other elected officials.
302.7 Moreover, the agent shall not select, reject, or promote a part=cipant
based on that individual's political affilation or beliefs.
302.8 Any, exception to the above must be approved in writing by B=A.
303. religious Activity
303.1 T%ere sha11 be no religious worship, instruction, or prosel7tizisg as
a part of or in connection «ith the performance of this Az-eement.
303.2 Agent shall not use any :ands appropriated under this Agree-ent or
Amendments hereto in support of any religious activity nor in support
of any anti -religious activity.
303.3 Agent shall not use any funds appropriated under this Agreement _Cr
Amend=ent uereto :or the cons tr-ucticn, operation or maintenance
as _c= Cz
. se:_____=a=__� =t= == -_ __=_=s ____r_n_:at__._ oac use =_
handicap and all other applicable Federal, State and local legislation.
f ,
. 304.2 Agent understands and agrees that no person shall be excluded from
` participation in or denied employment in the administration of or
in connection with any CETA funded program because of race, color,
religion, sex, national origin, age, handicap, political affiliation
or belief.
304.3 It is understood and agreed that Agent shall develop an Affirmative
Action Plan (AAP) and submit it to BETA either simultaneous with its
grant application or within sixty (60) days of execution of this Agree-
ment. The Agent may use BETA's Model Aff iraative Action Plan as a
guide, a copy of which may be obtained at BET-A.'s Equal Employment
Opportunity (EEO) office. The Agent's Affirmative Action ?lan shall
be subject to review by the BETA EEO office prior to being accepted
by BETA.
303. Grievance Procedures
• 303.1 Agent agrees that where the Agent has a grievance procedure relating
to an employee's terms and conditions of employment, BETA panic' -pants
shall be a=forded the ooportunity to use this procedure. in exchange
for this consideration BETA agrees that Agent sha" be its delegate
for our -poses of compl-r4_-2 with 20 C 15676.8i,, (1979) and mill not
rehear or hear on appeal participant's complaint. Agent w.11
participant that follow-=s Agent's determ. aacion 0art4-cipant, i_
dissatisfied, shall appeal Agent's decision directly to the DCL.
305.2 Agent agrees to conform its grievance procedures to meet the standard=_
se: 'orth (197C); attached as
E
306. Publication and Publicity
Any publicity, via news release or other means in the control of or begun
at the insistence of the Agent pertaining to the services hereunder, shall
clearly indicate that the Program is funded by the DOL through BETA as the
contractor and the Agent as the contractee.
307. Subcontracts
307.1 Any and all subcontracts and other legally binding agreements
necessary and pursuant to the implementation of the terms and
conditions under this Agreement, including but not limited to con-
sultant contracts entered into bet -,seen the Agent and other
organizations or groups, are subject to prior written approval by BETA.
307.2 Any work or services subcontracted hereunder shall be executed in
writing and shall be subject to each provision of this Agreement.
307.3 All subcontracts shall be subject to Federal, State and local laws
and regulations.
. 308. Notice
308.1 All notices required to be given to BETA under this Agreemenc shal_
be sufficient when hand delivered or mailed to BETA at its office
at 330 `forth Andrews Avenue, Fort Lauderdale, Florida 33311.
3M2 All actices required to be given to the Agenc under this '_sreeye ec
shall be su=:icient when hand delivered or mailed co the Agent at
its of:ice located at 5811 N. W. 88th Avenue, Tamarac,Florida
309. Assurances and Certifications
Agent mderstands that 3ET-- is bound and must ccm;)'-' 7 :he Assurances a._`
xovended ^-era:7 a5=a''-=
-•- the _c�at_crs as a�. __�a _e to =-.---- -_'-- = _ =�-
t :e A-sn = ooe=-==s =_-. 32_?. _=,:S .
• ___ . _ Ice .ar-==s ==_-_� »=ee �_----c=_=_= == _-•=_ =ae ;,c==s _ .._. _-_-- ==
contained in the following lists of documents, which are attached
hereto or incorporated by reference, are as fully a part of this
I
`. Agreement as if such documents were set forth verbatim and at length
herein.
(a) The Amendment(s) wherein the program operation and the
applicable CETA Title enabling the funding of such program
is set forth.
W The updated grant application reflecting the actual program
as approved by the BETA Council and attached to each Amendment.
(c) The updated Budget and Occupational Summary (when applicable)
(d) The =-TA Regulations
(e) The Assurances and Certifications (attached hereto)
(f) Any and all subsequent documents, including, but not limited
to amendments, letter amendments which have been approved by
BETA staff as per Council policy and BETA Field Memoranda.
310.2 The above documents will be maintained on file at the BETA offices.
One copy of the Agreement documents will be furnished to the Agent
by BcA.
311. Vested ?ewers
All powers not eapllcitly vested in the Agent by this Agreement remain •mot:
BE�bA.
7is.:t tes
312.1 agent and BETA agree to attempt to resolve disputes arising from
this agreement by administrative process and negotiations in lieu
of litigation. Agent agrees to continue performance under this
127ee"lent -while otlrs:l: resc.,urion Of any 1-�Vuce who h =27 arose.
7 ..isruta cone rzinz a quest-cn of fact a -a_ _ -nde_
A--eeme.t Is .ct setec --..'or-.a. nexus saa11 be deer.==
0•7 _he I-_ -.L2C :_7c --c__ 'Z"Ic Oase- :CL
=7er
__ - pare_
I
' to the Agent.
i .
312.3 Agent may appeal any decision made under Section 312.2 and shall be
afforded an opportunity to be heard and to offer evidence in support
of.its appeal as per the BETA administrative procedures, a copy of
which may be obtained upon request from BETA. Pending final decision
} of a dispute hereunder, the Agent shall proceed diligently with the
performance of this contract and in accordance with BETA's decision. -
312.4 This "Disputes" clause does not preclude consideration of law
questions in connection with decisions provided above. Provided that
nothing in this contract shall be construed as making final the
decision of any administrative official, representative, or board
on a question of law.
313. Ter3iaation
313.1 This Agreement may be terminated as follows:
a. BETA or Agent may request a termination for convenience upon
. thirty (30) days prior written notice to the other party. Agent
will be entitled to receive just and equitable compensation for
services performed hereunder through the date of termination.
However, BETA sha'll not be liable for any expenses incurred by
the Agent after the eifective date of termination of this Agreement
or any Amendment hereto.
b. 3E ---% may terminate this Agreement at any time that the BET:
authorized representative, which shall be the ixecutive Direct -or,
determines that:
(1) Agent has failed to rovide anv of the services Agez_
has contracted orovida: cr
?teen: :las =arc- to ce=Z ar. c a e _r o,;-5_.. _
-- wnc-- ..7 -.1 rar -
?ate= _9 0:
endanger performance of Agent's obligations to operate
ithe
contracted for programs.
313.2
If BETA elects to terminate this Agreement under the provisions
set forth is Section 313.1 (b) above, BETA shall notify Agent of
t
its intent to -terminate the Agreement in writing, and agent shall
i
then have ten (10) working days in which to respond with a corrective
,
plan. Failure to respondwith a corrective plan acceptable to BETA
shall result in the issuance of a.termination notice to the Agent
which will become effective within thirty (30) days following the
end of Agent's original time to respond.
313.3
BETA may suspend payment to Agent at any time that the BETA Executive
Director has sufficient cause to seek termination of this Agreement
as described in Section 313.2. Such suspension may occur immediately
upon the discovery of any breach of this agreement and shall continue
until Agent has fully satisfied BETA cc the effect that cause no
•
longer ea-ists to terminate this Agreement.
313.4
The Agent shall have the. right to appeal any determinaclOn to
te=-...isate made by BETA, except that if agent has failed to submit his
anneal within 30 calendar days °rom the date or the teraiaation
notice aad has failed to request exbeasion of such W.me, he shag_
have no such right of appeal.
313.3
I` Agent wishes .to appeal a decision to terminate, Agent shall cc= "
with the BETA Administrative ?rocedures for Appeal, available to
Agent upon request.
31..o
Iz the ever_t or a -all1^r.e
pa_ -_ :or ser74ces rende_ea _p _ cat ne•.=7=-
==tm c e amcc^c -;-e che:a sca__ be den:c=e=
aC7,= ces _ r ocne=-)a^eats .,.. acc:—= :e= a�Crc
•
maae =., ==e i==n= =-=- IS ap_ ___..___-- n a _e =_=z_=_
Paze 30 cf ?Z_=_
portion of this subagreement;
b. any claim which BETA may have against the Agent in connection
1 with this contract: and
C. the agreed -for price for, or the proceeds of the sale of,
any materials, supplies, or other things acquired by the
i
Agent or sold, pursuant to the provisions of this clause and
i
j not otherwise recovered by or credited to the prime sponsor.
tj 1
313.7 In the event of a termination for cause, Agent shall be liable to
BETA for damages sustained by BETA by virtue of any breach of this
Agreement by the Agent including court costs and reasonable attorney fees.
314. Maintenance of Effort
314.1. Employment funded under this agreement or any Amendment hereto
shall only be in addition to employment which would otherwise be
financed by the Agent without assistance under this Agreement.
314.2 To assure maintenance of effort, the ?rogram:
i •a. Shall result in an increase in employment and tra;^;^g
Opportunities over those which would otherwise be available:
b. Shall not result in the displacement of currently employed
workers, including partial displacement, e.g., reduction is
hours of non -overtime work, wages, employment beneivs, or
substitution of a work experience participant in lieu of a
regular employee.
C. Shall not impair current contracts for services or result in
•
the substitution of Federal funds made available by this Agree -
me -it to subsidize work that would otherwise be per-.orred '.
the %tent or its r=_presentat.•7e5. or t
:E=C:Z_ �r Zr:r�c
SeaSCt=1 WC:-"arS. ter__ '7aCZMC eS. e=Ze --
Gam- 31 --_ 75 pa==_
d_ Should Agent seek to employ a participant• in a position
1
described in 314.2 (b) or (c) above, agent shall be required
to submit documentation to BETA stating why the use of CETA
funds in this manner would not constitute a violation under this
t
section. Such documentation shall be kept on file with the
r
Agent for a period of at least one (1) year following expira.
tiou.of this Agzeement.
e. When Agent anticipates a situation, such as that described in
314.2 (b), (c) and (d) above, Agent shall immediately notify
BET?. and await instruction prior to expending any funds as
contracted for in connection with the operation of its program.
f. Agent understands and agrees that:
I.Public Service Employment and YETP work experience positions
shall not substitute for e—xisting federally assisted jobs.
• Z. No Public Service Employment nor ?Z;: work experience positions
shall be created in any promotional line that will infringe
in any way upon promotional opportunities of persons currently
in jobs not .`-.ended :=der this Agreement or :amendments hereto.
3. Whenever a promotional _freeze affects acn-CZETA funded enplcyees
it shall apply to CP.T?, participants siailarly emploved.
4. No °,:blic Service F.mnloyment nor ?M'? work e--=erienca aar_ic_p2n=
shah be aired into or remain work:{ ng in aav position that is
vacant due to a hirlag freeze unless Agent receives prior
written approval from B=A.
.. Rio ?ub - c Ser-: ce _ 7 io-lane^. nCL
s4aa__ be hire'_` _ ;tJ r.. L?_�r' ;)os=t:3?: Tc'
a«ctner aersc7l ao: '=da= __._s =-
ze«= .L Amaric=e«_s :ere: _ ct..a_-edera_ _ :«.s. oc
9
general revenue sharing, is on layoff from the same or
• any substantially equivalent job.
6. No former employees laid off or terminated in anticipation
of CETA funding may be rehired under CETA into the same position.
7. No CETA funds may be used in any manner which will result in a
reduction of the customary level of public service provided by
itself or another public entity in the area, by allowing PSE
or YETP work experience participants to be placed with or out -
stationed to private nonprofit organizations.
314.3 However, if the Agent .obtains advanced written approval from BETA,
the Agent may re -hire its employees when Agent can prove that such
employees are legitimately laid off due to a reduction is Agent's
i
f
budget which consequently reduces the size of its eon-=- 3 work force_
If the Agent obtains advanced written permission from BETA, the Agent
may enroll such laid -off employees provided that such laid -off employees
meet the eligibility requirements of BETA AND PHOV= :"L'RTH�� THAT the
number.: of Agent's employees re -hired under =1A does not exceed the
l
pe=isslble limit set by 2OC,'R 676.73.
0
314.4 I the Agent is conducting a Youth Program under Title 177 of =.A,
Agent shall also assure that:
a. its program will be providing additional resources, acti•74-ties
and se^,rices over and above Agent's current 'Level to result
is an impact on the employment problems of youth.
b. Its program will not result in the displacement of currentl7
a-_710ved workers.
_. 1t not subst4-__ta 7_:1e _'I fu. dec 4ccs f.._ es_st--�
feCSrz_ •; ass ate_ -ocs.
.. 1t will act e^^ are --cue -Wce` ;�'T oerscr_ _s on 71a7f=
e=_c^ _ _z.^.^.. :he sa-e .7r an-7
��G 23 3 Jam-�
same area.
} e. Agent will not employ any person to fill a job opening created
' by laying off or terminating the employment of any regular
t
employee, or otherwise reducing the regular work force in anti-
t cipation of filling vacancies by hiring youth to be supported
under Title IV of CETA. _
f. It will not infringe upon the promotional opportunities which
mould not otherwise be available to persons currently employed
in public service not subsidized under CETA.
Z. It will not permit a job to be filled in other than an entry-
level position in each promotional line until applicable per-
sonnel procedures and collective bargaining agreements have
been complied with.
h. Where job restructurng.will occur or where new classifications
. will be developed, they, will not be done i.a order to negate
established personnel procedures or to displace currently
employed workers.
Nepctism
115.1 T'.:e Agent may not hire a person for a position funded under this
Agreement if a member of his or her immediate faail-7 is employed in
an ad-i-f--nistrative capacity for the agent, BETA, or another BETA went.
315.2 where the Agent's nepot_sm guidelines or State or local 2uldelines
are more stringent than the above requirement, those guiae_�ines
shall be followed instead.
315. mediate fame'17 memoer. for purposes of this section, s a__ aes-
a ._�a, :usoand. scn, dau2nte_, nCt:^.e=, lathe=. b_othe, , pis___
• sic_ ...__Z. _=asC70t:e:. 8LcD5-.z_Q_ :c _ 2_. :d—L5is_2 -
a:' 7f -;ages
first cousin.
316 Application of the Davis Bacon Act to programs operated under this Agreement
316.2. Agent agrees to apply Davis Bacon wage rates to projects funded under
this Agreement where the project cost is greater than two thousand
($2,000.00) dollars and involves construction alteration or repair
including painting and decorating of buildings, projects and works
which are not ordinarily done by Agent's regular work force.
316.2 Prior to making any determination not to pay Davis Bacon wages for any
construction type program funded by this Agreement, Agent shall request
a waiver from BEMA.
317 Fraud and Abuse
317.1 Agent shall not 'knowingly hire ineligible individuals, embezzle, willfully
misapply, steal or obtain by fraud any of the moneys, funds, assets or
property which are the subject of this Agreement or Amendments hereto. Zf
Agent violates this provision Agent shall be subject to the sanctions
Of. the Comprehensive Employment and Training Act of 1973 as amended and
to the cri3inal provisions of Title 1S of the United States Code Section 663.
317.2 Agent agrees and understands that no officer or employee of the Agent
shall tender, solicit or accept gratuities, favors or anything of
monetary value from any actual or potential sub -contractor or f om any
staa_ person or elected official connected -;-ith 3 T3.
317.3 Agent agrees and understands that no funds provi-ded for b7 this Ag_ee-
meat or Amendments hereto shall be used for the pa7meat of a fee charged
to an individual for the -placement of that individual in a training or
emulovment orozram =der the Acc.
31 . - Ate ia_' ^.0 _ 3se az zuncs a7D'ODriaced ..^.CeC :..1a Azrae=e.^._ ..
?y.e-c=e n:s *aera co . ! OC '7.-3 2G_ra S tatZ ..Z . CC-, lac" z I at .. o
0
319 Collective Bargaining Agreements
f
Agent agrees and understands that it must comply with and shall not violate
j the terms and conditions of any collective bargaining agreements in effect
during the course of this Agreement.
i 320 Unions
i
320.1 Agent shall not use any funds appropriated under this Agreement or
i Amendments hereto to either promote or oppose unionization. -
' 320.2 No participant may be placed into, or remain working in any position
which is affected by labor disputes involving a work stoppage. Agent
shall make every effort to relocate participants, who wish to remain
working, into suitable positions unaffected by the work stoppage.
320.3 Agent shall not require any participant in a position funded by this
Agreement to join a union in order to receive institutional training
unless the participant is subject to a collective bargaining agreement
containing a union security provision.
• 321 Classification of C1'TA ?anticipants
t 321.1 Agent agrees that all classisications with respect to employment status
full-time, temporary, permanent) in which Cc..A participants are
placed shall be reasonable and shall included non -federally financed
employees.
321.2 Agent shall not establish class-=icacicns exclusi-7ely for CZ.TA participants
nor shall participants be placed in esist4.n3 or new classifications i=
order to reduce or deny benefits to which they are entitled.
32'_ Workine Conditions
i _._ keen: agrees that condit_ons o_ amc lovment and/or tra ninz ::1? be
a=c o7r4_a:a a.- reascnab_e r2Sar. :ae %pe .:.: «Cr'C.
r=?' on a :'6 �_iC:._._C'• :c 7c� __�_7a::�_ .
7iaCe SZ C- �..
..^..Sa_e __ ..:Sa=r.t=
E
Participants assigned to work in fire, police or similary related
• departments shall be required by the Agent to comply with Agent's
safety practices.
323 Training
Agent agrees and understands that no participant shall be trained for any
occupation requiring less than two (2) weeks of pre -employment training unless
there are immediate employment opportunities available in that occupation and
Agent will be placing the participant in unsubsidized employment immediately
following training.
324 Income Derived from the Operation of CETA Funded Programs
All income realized in operating a CETA funded activity shall be reported and
returned to BETA. RequeAts for expending these funds in any other way shall
be made to the BETA Legal Services office.
325 Termination of Participants
If the Agent cannot successfully place a participant in appropriate unsub-
• sidized employment (or training) at the termination of the participant's
program, then the Agent shall provide the participant with wrttten notice of
•
the impending termination and a contact person within Agent's organization for
further information at least two (2) weeks prior to the effective date of term-
tnati on .
326 Retirement
Agent_agrees_and understands that CETA funds may not be used to pay for
retirement benefits for Bc?A participants. A request to waive this condition
may be submitted to BETA in writing setting forth the justification to waive
this condition. (20C'FR§676.29)
?awe 37 or _J oa2es
327. Insurance and Bonding
i,
The Agent shall maintain during the term of this Agreement, the insurance
• and bonding specified below.
} 327.1 Workers' Compensation, as required by Chapter 440, Florida Statutes,
i
on all employees engaged under any Amendment, but excluding those
employees who may be termed work experience or classroom training
C:TA participants under this Agreement. If such work is sublet, the
Agent shall require the provisions of Workers' Compensation for all
i
the Sub -Agent's employees.
327.2 General Liability ,Insurance on a negligence basis, including Contingent
Liability, in amounts equal to what is provided for regular employees
per person, per occurrence for bodily damage, and per occurrence for
property damage. Ii agent is self -insured, these amounts shall be
determined by the amounts sec aside in Agent's budget to cover such
occurrences.
r
• 327.3 Fide.1-4 i
ty Insurance in the amount of this Agreement to provde coverage
i
for those employees in positions allowing for access to or control of
Program funds. The Agent will reiaburse BETA for any loss incurred by
BET. under this Agreement with the Agent. 'miienever possible Agent
shall cite BriA as the named insured in its Blanket Hones}-7 3onds.
327.4 The Agent shall make available to B=A uaon request, Cerz "4 cates ut
Insurance and Bonding prior to commenc�=g any operacians under this
Agreement, j4 th such Cart,ficaces clearly indicating that the Agent
has obtained insurance and bonding in the amounts, type and class -
;cat ions
specified in
this Section.
__7.5 The Agent
understands and agrees that
__ _s an _Zdapencent ccrt_Mc-___
arc agrees
.e ince_ _=-T
and 1cic ha=lass
3A _rJ
ce` t e'; and
autcc:_zec ricer race
costs am, _�—erses. _-_ c
c. acc...._c :Z a--
•
ac-.3_ _
-_._?3t2��_. cr
Ga:d325 a-_�__
g C .� _ -me .-�� _ _
Cf
•
the termination of this ?agreement with a project report upon
the completion of each of its funded programs.
400.4 Agent shall allow BETA to conduct onsite evaluations as
necessary to ensure contract compliance.
400.5 The Agent shall maintain according to sound management pro-
cedures, such records and accounts, including personnel (both
participant and staff), and financial and payroll records to
assure a proper accounting for all project funds, both
Federal and non -Federal shares, received and disbursed on the
schedules required by BETA.
400.6 Agent shall make original and/or certi!ied copies of any
reports, plans, surveys, information, doc mleats, maps or other
data produced or developed by agent in execution of the
project funded by the Agreement, available to BETA, the
Comptroller General of the United States and/or the DC:. a_
aav time upon reasonable acti_e for the purpose of audi_,
exam: atioa, exce= _s, aad transcr:P is ; even thou# . A$eL_
Page 39 of 77 2a?es
may at the time of the request no longer be operating
programs for BE 4,.
400.7 Agent shall keep copies of all records and accounts
' pertaining to the operation of this Agreement or any
Amendment hereto for five (5) years following expiration
of this Agreement, or-until.all audit findings are re—
solved, whichever is longer.
400.8 Agent shall maintain all. records pertaining to any property
with a unit cost of fifty ($50.00) dollars or more for
three (3) years following final disposition of that property.
For purposes of this section, final disposition shall include.
a return of the.property to BETA. Any property returned to
BrZA must be accompanied by all. original records or certified
• copies thereof pertaninn to the property.
400.9 The retention date of records described in sections 400.5
through 400.8 above shall commence with the submission of
Agent's final expenditure report for each program funded by
this Agreement.
400.10 In the event of the voluntary or involuntary dissolution of
Agent's organization, Agent shall inform. BETA of its intent
to dissolve within a reasonable time following Agent's
decision to dissolve and prior to actual dissolution. BETA
may then arrange to conduct an immediate audit of agent's
prcg=am,'s) and/or request that provisions be made for preser
vat:on of all records pe=:,a.ain2 to the ?ro¢-am(3) funded
this Agreement and any amend=eats hereto
•
age 4,0 of 73 ?ages
•
a
?ate ii Of pages
I*
(b) Nunc pro tunc be incorporated into and become a part of
. this agreement along with any and all attachments thereto.
500.3 If Agent wishes to modify the agreement, then agent shall
submit the desired change designating the -section of this
Agreement to be changed to the BETA Legal Services office for
review and approval. No such change shall be effective until
a formal amendment to this agreement is executed pursuant to
section 502.1 below.
500.4 agent understands and agrees that BE`k may unilaterally amend
this Agreement to conform to those changes in any Federal
statute, regulation, Executive Order or other Federal law, which
as dete—Ined by the Department of Labor is relevant to the
financial assistance and program operations provided for under
this agreement or any amendment hereto. BETA man unilaterally
amend c.his agreement to ccn=orn to changes in Stare or local
laws, rules or regulations. Such changes shall become of=ectiv=_
upon rece:pr by the ?.scent of a Field Memorsnd:^ or leer
iag the aze--t of such =ila_e_al changes s g,ed by an appropr a==
?asze .: of -5 paszes
3
;.. .,
�7
BEu official►
i501.,:
Amendment Authorization .
'
501.1
Agent shall designate an Administrative official within
Agent's organization who shall have the authority to
negotiate and cgnsummate Amendments based upon, Agent's prior -
i
approval of the,grant application submitted to BETA..
501.2
Agent agrees and understands that it will be programmatically
responsible and fiscally accountable for the terms to be
i
.
negotiated in. each separate Amendment.
{
502.
Amendment Procedures
'i
-i
502.1-
Where Agent or BETA desire to alter the total budget amount or
extend or modify the terms or obligations of the Agent or BETA
4
under this Agreement or any amendment thereto including changes
in the number -of participants or a shi!t of funds between line
•item
to
categories, it shall be done pursuant a written agreement.
'
302.2
Any alteration which shall result in a programmatic change
_
including but not limited to changes in job slot designations or
budget shifts which do not alter the amount of a budget categorq
shall be made by submitting a BETA :form 100 amendment. `his is
initiated by the party desiring such change and signed by those
persons for each party having authority to bind their. organization.
The form 100 amendment shall become e-;fective upon the date of
the signing by the party accepting the Amendment.
BETA may be required to adjust the maxi= m+ amount of co=er_-
sation under this Ag_eement or ary Amendment thereto if 3ET._'s
f.undi=g is alterad bo the DCL. This acjus=ent .i__ be basa_
por- the 3va:�a�'?�'� of f.'.nds for the totalarr.-, aLz
i be sub ect _c the rate anc :ot_- of aaowabie a=enci_zzas
Pas of 73. oases
and encumbrances of"the Agent as approved by BETA and
compliance by the Agent to the terms and conditions of this
t
Agreemear. Such adjustments will be made in accordance with
the terms relating to Amendments and cancellation of this
Agreement enumerated herein.
t _
?aae 44- CL 75. Da2==
a. A determination made based on 600.2 above, or
b. An inability of the Agent to delivei the service specified
in its proposal,
Agent agrees to meet and work with BETA staff in correcting or
• improving those elements is its program which have been isolated.
600.4 Agent shall permit its staff to work with Br'"TA staff on an outstation
basis for at least ten (102) percent of actual work time.
600.5 Agent shall meet hiring and placement goals in accordance with the
proposal attached to each program Amendment incorporated into and
made a part of this Agreement.
600.6 BETA will supply participant's wages and/or allowances, including
reimbursement to employers for the eatraordinary tramming costs as
particularly set forth in each OJT contract.
60l Class-ocm *-a1 :- =/-: a - A.3 S C ?_oa-= S
6ul.l Agent's 3esronsi:l' _.a_
a. Agent agrees =o des:= classes open
or -«-h cs pe=ji= :rec::e== ate= d• :=tg t:.e ccn__ c=
• _. Agent sha._ oe respoasicle :or ve_—"74 (i. s_z-_a='=--==,
n=i:er ci hcurs we=:.1 , co—ec=i=2 a -c
i time sheets`ia the manner and within the time frames
established by BETA- agent shall also be responsible for
obtaining and retaining documentation on .proof of participant's
absence with good cause.
c. Agent shall be responsible for distributing participant paychecks.
d- Agent understands that participants are paid based upon hours
in attendance in. the classroom; therefore whenever a holiday
is anticipated or integrated within Agent's work program, Agent
a zees to makee provisions acceptable to BETA to ensure that parti-
I
g
cipant's paychecks for the holiday period will. not be diminished
because of the holiday. These provisions must be submitted to
the BETA Training and Employment (TEE) Director for approval.
e. agent shall develop a course outline which shall minimally
f
g
contain jobtitles from the Dictionary of Occupational Titles
applicable to the skills to be taught, skills to be acquired,
proficient7 level to be attaiaed for each skill at mid -point
of training and upon course completion, method of monitoring and
evaluating skill acquisition, and a broad content description.
Agent shall notify the TEE Director in advance of any special
activities or changes in the schedule which might alfact time -
sheets or payroll, scheduled dates and times of classes, or
temporary changes in classroom or work experience sites.
Agent agreesto make its resources for placement activity
available to participants who successfully complete the program.
?.sent agrees to =icor and retort on participant proETess on
a onta17 :oasis to be subWi=ced b,7 the last arida-17 of azCt--
wont: T_he re.ort shall be jur-isred cn a _cr develcped b7 ZI_.-_.
An-7 tZ a pT=C rc-
'rasa s 73 oases
b. BETA shall be responsible for hearing and resolving all
grievances concerning a participant's performance in the.
program.
c. BETA shall be responsible for providing counseling and
supportive services to the participant throughout the program.
• _ 60Z Work Experience/Title ILA.. B & C Pro¢rams
602.1 Agent's Responsibilities
a. Agent agrees to work with BEIA staff in developing training
plans for each training slat on BETA Training Plan forms.
b. agentagrees to fill out a Training Report form each month
IC each individual participant. Agent shall be responsible
for adhering to the plan and for rating the participant's
performance in. each of the training plan's "Skills Lea_-aed"
section. A copy of each participant's training plan and
performance grade shall be submitted to the appropriate
BZZA Counselor on the last _ ridav of each month`: for the
duration of. the trai^.�=g ;roe-z=-.
C. 3g=t agrees t0 prcviae ..a=:. ? 3:Cts. -eaC.: CS '«; z.h 3:.c__
be _ocated .-:_hi: A2enc's own ora—a-tZa=ion snless ge= sL;Zz•✓_s
0
i
a written request seeking waiver.of this provision and BETA
,.,,waives,:
this requirement is writing.
d.'
"agent shall -be responsible for monitoring, verifying, collecting
i A
and transmitting participant's time sheets to BETA, in a manner
and within the time frames established by BETA.
fj
e.
Agent shall::be responsible for distributing participant paychecks.
f.;
Agent agrees to monitor and report on participant progress.
s
Such reports shall be done on a monthly basis and will be in
.
a.form developed by. Agent and approved by BETA staff.
g.
Agent shall provide -work habituation skills as an integral
part of. training. The method of such skills provision is to
s
be contained in the training plan and the participants shall
be monitored monthly -to assure that they are acquiring these
work habituation skills. Work habituation includes but is not
t
limited to developing and monitoring the following:
E
I. Punctuality, self -responsibility (job retention
qualities and skill improvement).
h.
Z. Rapport with co -Workers and authority figures.
3. appropriate dress and hygiene.
4. Ability to follow instructions (written and verbal).
S. Completion of time sheets.
b. Quality of Work.
Agent may not place or agree to accept participants for work
experience training in private -for -profit organizations.
Agent shall not outstation BETA participants unless Agent receives
prior ;:._tten approval from BLS:..
32ent understands t.at a oartic-pant may not receive Wore a=-
perience .aij ng or ionser than I.000 hours ouring aa:
one Cl) wear 2e_ioe, and 2,000 hours cu_inz _:e five f) ;ea_
'?e==cd peg--_. _g :1,cto0e= 1, i7! : , cr -e subse= uenz data
?age "S of 73 pages
services to the participant throughout the program.
603 On the Job Training/Title Ih A,B & C Programs
603.1 Agent's
Resoonsibilities
a.
Agent shall develop at least three hundred and thirtq-five (335)
•
new OJT slots by the end of the ninth month following true start of
its OJT Program, and shall attempt to develop at least eight?
three (83) slots each quarter.
b.
Each OJT slot shall minimally be required to correspond r-.th
semi -skilled job levels (SLC ZO or above) as defined in the
Dictionary Occupational Titles, by the U.S. DOL.
of published
Training time for participants shall be -based. an the S.V.P.'codes.
c.
Agent shall submit a report to the T & E Director at the start
of its program and every other month thereafter so as to
veri •, its olans and accomalisi,ments pursuant to 603.1 (b) above.
d�
agent agrees to do ail pre-4-ina^T aegctiations sr�_ca prospect_:=
emaio^e_s nclucizz the deve_cpaenc o= a training I _= -cr zac-.
Jo!_- s-lat _:d s4a_L :0_lo.d BZ— A/CZ 7roceduzes for
and dac•�a..=_ng e^^'_o7e__' extra-or:_J-a-? cra::.:nz cost= _n..
-'agzC
ability to -train effectively; this work will- then be submitted
.
to the BETA/Marketing Specialist who will complete the contract-
'
.:iag process,
.
ent agrees to maintai:r BETA FY' s0 OJT slots throughout the
course of this Agreement.
;.
f.. Agent agrees to monitor..all participants hired through Agent's
efforts into an OJT slot and to conduct a programmatic follow-up
for each participant at the.halfway point in participant's
.,_
training as indicated by the Training Plan.
g. Agent agrees to fill cut.Training and Employment, On -the -Sob
` Training Termination notices each time a participant placed by
Agent terminates prior to the completion date as stated in the
Training Plan.
h. Agent agrees to allow its staff members to work with BETA staff
and Agent's staff shallreport and meet with the Training and
Employment Director and the BETA Marketing Specialist at
•
-mutually agreed upon intervals.
i. No agreement negotiated for by the. Agent shall exceed two
thousand dollars ($2r000.00) anless a request for written authoriz-
anon has been submitted to and approved by the Training and
s
E=ployment Director.
i. agent understands that it may only negotiate with employers
to pay the extraordinarq costs of training a participant.
603.2
BETA's Responsibilities
a. BETA shall be responsible for hearing and resolving all
2rievaaces canoe^ing a participant`s peroraince �. _
program when a partic_oart (ices ;:ot +Sis% to use the prcce-
cures prow dee by the arwa_a e^ clover under a-. "J.:T .A,gree e- _
B --A shall be res-oonsibla .� - '=rC�T�^��Z= c^.'.Inse.!Ci.z e^_C
•
s=_,CC_t:Lve serrices .:C the -
?age :0 c -� cages
-i b. Title 3X child care centers should be utilized for services
to participants whenever possible.
C. Agent -agrees to ascertain that the children placed are,
children whose parents;or legal guardians are eligible
CETA participants enrolled in an approved. BETA activity.
• d. Agent agrees to reconcile the parent's attendance at his/her
training site with the child's attendance at the day care
1
center.
e. Agent agrees to ascertain that the centers in which eligible
participant's children are placed wil1 provide activities with
educational standards consistent with the intellectual needs of
the child throughout the early years of development.
f. Agent understands and agrees that Bc:TA will not reimburse Agent
for the cost of placing children in day care centers which
children do not belong to aarticijants currentir enrolled in an
approved Bc .k activi:v, and that should BETA be iacozsec::.:
billed by the dal cane cemtar and rerburse the center' -;Or =
cost c car:=z r-cr tha cz_1 in cuestic;., the amc;m: e_ mcne;•
1a-u ou: will be c_aarged aga_:st the Agenc's nett bond---? reaues:
1 c r r e i= ur s Gamer: .
age ?- 73 -)age-S
i.
S. The Agent shall provide continuous monitoring of centers so
as to make available to BETA participants convenient and
i
f:
standardized child care services. In addition, Agent shall
interview all eligible BETA*participauts and their children
prior to placing such children in centers.
h. Agent agrees to secure transportation to and from day care
centers, where.such service is necessary, either through the
s
-
tfi
day care center or independently by the -Agent for the participant.
x
i. Among the day care centers employed by Agent there shall be
centers which provide for two or more of the following:
r
I. Twenty-four (24) hour service.
2. Infant care
•
1
u
3. Open year round
4. Facilities for. handicapped children
S. Facilities for primary school age children, after
school, and during scool vacations.
j. Child Care Centers employed by Agent should be capable of
providing services during holiday periods when BEi3,participants
are in training.
?aze 3= c'_ 75 pag=_4
ARTICLE VIIPROG1W4 OPERATIONS FOR
• PROGRAMS FUNDED UNDER TITLE II-D OF CETA
- 700 General'Oblizations
700.1 Agent understands that it is the purpose of Title II-D to provide
economically' disadvantaged persons who are unemployed with related
training and services to enable these individuals to move into
employment or training not supported by the Comprehensive
Employment and Training Act. The funds authorized by CETA are
targeted.to those -structurally unemployed persons who lack
the necessary skills and/or employment experience to enable
them to successfully compete in the labor market and obtain
meaningful skill developing jobs. Agent Laiderstands that
11
I
•
the funds provided for by this Agreement shall be for entry-
level public service employment.
700.2 Applicable of Title II-D funds toward Public Service Employment
positions or toward the creation of project opportunities shall
be determined by BETA through its Council and shall be stated
in detail within Agent's amendment.
700.3 In order to comply with the intent of C=k, .Agent is required
to accomplish one of the fol1cwi=9 as a goal.
a) Place one-half 00 of Title II-D funded participants
in unsubsidized private or public sector employment;
or
b) Place qualified participants in one-half (�) the
vacancies occurring in suitable occupations in
the Agent's permanent work force.
Page 3 of 73 pages
Agent agrees andunderstands that no participant may, receive
wages for -Public Service Employment for more than 78 weeks
' _
a"a
during a five (5) year period beginning October 1, 1978, or.
}
C
the subsequent date of the participant's initial enrollment
F 1
in CETA.. The period of employment from April 1, 1978 to
October 1, 1978 shall be included in computing the 78 week
..
PSE participation limit.
700.5 Agent agrees to release participants for two (2) consecutive
P-
weeks, upon BETA's request in order -for the participants to
take part in job search and classroom training activities
which will aid participant, as determined by PSE, to secure
unsubsidized employment. Participants must be scheduled for
Job Seeking Skills and Job Search Programs no later than two
(2) weeks prior to.the participant's termination from the
-
program. Agent agrees to furnish BETA with signed waivers
•
from those participants who do not desire -these training
activities.
700.6 If the.Agent cannot successfully place a participant in
appropriate uasubsidiaed emplovment,or training at the
termination of the participant's program, then the Agenc
shall provide the participant with written notice of the
impending termination and a contact person for further
information at least two (2) weeks prior to the effective
date of termination.
70C.7 At anv time that ?,gent offers a participant a job wh:c is ccm-
parable to t..e partiGjza 's CZ :A icb Agent, and ?art_-
G�pa^t t3 eGtS: t,eloo of.e., Aien t :s co not-' BL:n t—.h _
iC2 �) Ca?s of far 4 cipa t' s . _f 1sa_ and M wt !. make 2
• Ce=er=.4 a=-C : W_=a reRazz cc c_n-_=U 2 _n Luc
Page 34 of 7 paces
-program and will inform Agent within ten (10) days of receipt
of Agent's initial communication of its decision...
700.8 Agent understands and agrees that all personnel paid with
' CETA/BETA funds shall be treated in accordance with the
Agent's personnel policies, hiring and firing practices, -
affirmative action/equal employment opportunity plans, and
any other procedures applicable to Agent's non-CETA personnel.
701. Eligibility
701.1 An applicant for Public Service Employment will be eligible
to become a participant under this program:
a) 11, at the time of application and selection, the
participant resides within the jurisdictional area
of Broward County, Florida, and
b) (i) The participant must be economically disadvantaged,
be unemployed at the time of application and have
been unemployed during 15 of the 20 weeks imme-
diately prior to application, or
(ii) The participant must be a member of a family
which is receiving public assistance, and
c) The participant must not within the immediately prior
six (6) months have voluntarily terminated, without good
cause, his or her last previous full-time employmeut at
a wage rate not less than the federal minims wage under
Section 6 (a) (1) of the Fair Labor Standards Act, or the
State or local minimum wage, if higher. ^
701.2 It agent knows or should have 'saow-a that a participant cu=entlr
enrolled may not be eligible for the program in which he/she is
" enrolled, agent shall contact BETA immediately. Failure to do so
shall rasult in a shift of resnonsibili_; for eligibilit^ '_rc=
BZ7.1 to the Agent from the elate that Arent k=e=a Cr slac ld zap%e
k:.o4 of oa=ricipaat' s possihe
AQe- s: = be -esrcrs: e :Cr:
• ��.- se.-ect Qi :c:C--72=tS C^_ _zO L.^.C52 c-,C1-_2..L_
v BZ_ 's ?SZZ Denart enz fcr t a
?aQe 53 cf i3 pages
11
1
•
703
U
Selection and treatment of certified participants`
accordance with A gentsin
.personnel rules.
702.3 Supplying BETA
With a copy of their
702.4 Personnel rules.
Retaining applications of
Persons not selected for partici-
pation and the reasons for their non -selection.
702.5 Obtaining vepotlsm Disclaimers from all
participants prior to
the distribution of participant's first paycheck and
shall, forward these disclaimers to BETA. A$ent
702.6 Maintaining adequate documentation of
participants, which.
documentation shall consist of a signed and dated camale
aPPlicati to
on for employment i
including the last date of parti-
cipant's employment, and which attests that the
the anpli-ornation
cation cantains is true to the best of the eligible
applicant's knowled e.
8 In addition, a copy of the participant's
appointment documents reflexr=g rate of oayd +
must be kept as Part Posit_oa title
702.7 . of the participant's records.
:Saintain�g and verifying time cards
participant was documenting the time the
at 'work had/or in train_n activ;;ties.
BZT-k shall 8
be r'szorsible
V V L
702.1 Certi
-'ling the eligib;?i*� of ?S
Title
II-]
7'T
G,• Supplying applicants with Proor of ce pa-t-d?ants,
of ref erti--cation in the fo =
a sued ra,,;, sl_o .
703.3
Per4-odical17 assessing each art_` ,
P roan: and the participant's
emp ovabl-i`Y plan to determine f the
its;, . _ pa. _icipanc weeds add-
` - or se=' Ices.
rent s::all ce —Ide-----
razze
?_» -
- �23=_
or class title in the Agent's official salary schedule or
personnel rul.esand regulations.
704.2
Fringe benefits.for any PSE participants may not exceed those
regularly afforded to similarly employed non -ETA workers, and
shall never exceed those afforded to non-CETA workers earning
an amount equal to the maximum wage.
704.3
The payments to participants made by the Agent shall not result
'
in expending more than.the total program budget.
704.4
Any change in wages, either an increase or decrease, paid to a
PSE participant, shall not occur without the prior written
approval from BETA via a form 100 amendment to this Agreement.
704.5
any variation in the wage/salary amounts, which are subject to
the above restrictions, sham be uni ormly available to any and
all similarly situated persons paid with funds provided by this
•
Agreement and amendments hereto.
704.6
The CZ:A wage rate, including money received for overtime work,
paid to any PSE participant from monies under this Agreement or
Amendment hereto, is limited to a `u?I-t me range of 4510,000
per year, or the hourly, weekly or monthly rate wnic, if annual-
ized, would equal_ a full-time rate of Si0,CC0 per sear.
704.7
Agent shall aot fund under this Agreement more than the amcu=t
stipulated in agent's budget. Agent understands that failure to
comp'-7 wit`: this provisicn mav result in a conversion of the CZ-
pCS_tic= to a ran,_' ar oos__:on w: _ :i = Agent's �:-aan_zat-t^ tower:�
no C --A =Cn__s Ma —I be alp:-ec .
a) For a participant hired prior to October 1, 1978, who
•
=1
r1
U
was receiving wages from aon-CETA sources, Agent may
continue to pay such wages and may pay any subsequent
increase which is either a bonal ide cost of living
increase or a scheduled raise, so long as the participant
remains in the same position or a PSE position with the
same or lower wage rate.
b) For a participant hired prior to October 1, 1978, who
was receiving only CETA wages at a wage rate less than
$10,000 per year, Agent may supplement the participant's
wages if this increase is a bonafide cost of living
increase or a scheduled raise and the participant remains
in the same position.
704.9 Agent understands and agrees that once a ?SE participant under
this title reaches the annual wage level of $10,000, then one
of the following Wust occur:
a) The participant shall be terminated fr m his/her cur ent
employment position with a two (2) week termination notice
given to the participant, or
b) The participant shall be trarsitioaed _tco ansubsidiced
emplovment.
705 Grours to be Given Soecia_ Consideraticr.
705.1 Agent shall give special areierenc_ tc:
a) Those most severely disadvantaged in terms of length of
une^o_o,rnent and --heir res-ects of fi. c:n= urssbst..i..:._
an- _ omen : .
_73�a=-=
c) Special disabled veterans and Vietnam -era veterans.
• d) Other special groups as defined in the Comprehensive
Employment and Training Act of 1973, as amended.
705.2 All job vacancies under this Agreement, except those to which
former employees are being recalled, must be listed with the
Florida State Employment Service (hereinafter the FSES) and BETA
at least forty-eight (48) hours before such vacancies are filled.
During this forty-eight (48) hour period, BETA and FSES will only
refer veterans who meet the eligibility criteria of CETA as amended.
Where BETA and FS-cS have none to refer, the FSES and BETA will
refer non -veterans during this time period. All other.applicants
will be referred to the Agent after this period.
705.3 A list of job openings shall be made available by the Agent to
Veteran's Organizations for the pu-pose of making those jobs
• known to the veterans as described in 705.1 (c) above.
•
ARTICLE VIII -- PROGRAM OPERATIONS FOR
PROGRAMS FljYDLD UNDER TITLE VI OF CETA
800.
General
Obligations
800.1
Agent understands that it is the purpose of Title VI to prov{.de
temporary employment during periods of high unemployment when
the national rate of unemployment is in excess of four (4X) percent.
8CO.2
Agent understands that the funds granted to it under this Article
shall be applied toward Public Service Employment.programs through
the creation of project opportunities or toward Public Service
Employment positions.
800.3
Application of Title 71 funds toward Public Service Employment
positions or toward the creation of project opportunities shall
be determined by BETA through its Council and shall be stated in
detail within Agent's Amendment.
800.4
Agent agrees and understands that no participant may receive
•
wages for Public Service Employment for more that 78 weeks
during a five year period beginning October 1, 1978, or the
subsequent date of the participant's initial enrollment in C:.1
The period.of employment from April 1, 1978 to October 1, 1973
shall be included in computing the 78 week PSL participation
8C0.3
Agent agrees to release participant for two (_) consecutive wears,
upon 3LiA's request in order for the participant to take part
job search and classroom training activities which will a-4 _ e
participant, as determined by PSE, to secure unsubsidized emnlovr:en:
Part-c_pants
must be scheduled
for lob Seek4-2 S%il_S =-4 c_ Se==_-
? os,ra=5 no
_at.._ _ia±L _NV
,.i eetJ -. T'i..7 _. __Z
_r. M Z'e ..^.3_a_..
A_c.._ G2reCJ 0 _ten _-
r.:.•1 _ nCJe
1
parable to the participant's CETA job with Agent, a participant
rejects the job offer, Agent is to notify BL A within five (5)
days of participant's refusal and BETA will make a determination
with regard to continuing participant in the program and will inform
Agent within ten (10) days of receipt of Agent's initial communication.
800.7 A11 projects shall be planned. not to exceed eighteen (18) months
from their commencement. Projects may be extended, in increments
of up to eighteen (18) months, upon prior approval of BETA.
800.8 Agent understands and agrees that all personnel paid with
CETA/BETA funds, shall be treated in accordance with the Agent's
personnel policies, hiring and firing practices, affirmative
action/equal employment opportunity plans, and any other procedures
applicable to Agent's non-CETA personnel.
801 cliQibili t��
• 801.1 An applicant cor Public service Faployment will be eligible to
become a participant under this program:
a) If, at the time of application and selection, the
participant resides within the jurisdictional area of
Broward County, Florida and
b) (i) The participant is unemplo7ed at tae time o_
application,
(ii) The participant has been unemaloved for at least 10
out of the 12 weeks immediately prior to applicaticn.
and
The participant has amil1 income which does ncc
exceed 100 percent ci the lower- li74^2- stsndar _nccn`
level base: on :he three ( _ ) .: one :er=oQ 77ricr--
t"a aD�:�c3�_
_..e oar =- canc is a aembe_ has ba_-
El
1
$02
n
LJ
0
d) The participant shall not have within the immediately
prior six (6) months voluntarily terminated, without good
cause, his or her last previous full-time employment at a
wage rate not less than the Federal minimum wage under
Section 6 (a) (i) of the Fair Labor Standards Act, or the
State or local.minimum wage, if higher.
801.2 If Agent knows or should have known that a participant currently
enrolled may not be eligible for the program in which he/she is
enrolled, agent shall contact BETA immediately. Failure to do so
shall result in a shift of responsibility for eligibility from
BETA to the Agent from the date that Agent knew or should have
known of participant's ineligibility.
Asenc shall be responsible for:
802.1 Selection of participants only from those applicants certified
by BETA's PSE Department for the position.
802.2 Selection and treatment of certif ied participants in accordance
with Agent's personnel .ales.
802.3 Retaining applications of perscns act selected for participation
and the reasons for their non -selection.
80'1.414 Obtaining ;egotism Disclaimers from all participa:ts prior We
the distribution of participant's first pavcheck and Agent
shall forward these disclaimers to 3cT41%.
802.3 Maintaining adequate documencation of participants, which
doc,imentacicn shall consist of a sis-:ed and date_ complete appi-c-
-e last '.a:e
eat %'Ze a G NII__.. c__e5�5 t :ate r-ne _..: r "at=c^ �72 37C_� cam_
on_a_..s zes:
pe
= = _ can=_
•
803
804
0
reflecting rate of pay and position title must be kept as part
of participant's records.
802.6 Supply BETA with a copy of their personnel rules.
802.7 :Maintaining and verifying time cards documenting the time the
participant was at work and/or in training activities.
BETA shall be responsible for:
803.1 Certifying the eligibility of PSE Title VI participants.
803.2 Supplying applicants with proof of certification in the form of
a signed referral slip.
803.3 Periodically assessing each participant and the participant's
employability plan to determine if the participant needs addi-
tiona.1 training or services.
Participant Compensation
804.1 The wage or salar;i paid to the employees funded by this Agree-
ment and Amendments hereto shall be Wichi.n the range estab-
lished for this position or class title J. the Agent's officia'_
salary schedule or personnel rules and regulations.
804.1 Fringe benefits fer any 9SE participants mzv not exceed those
recula l- afforded to sim_lar_y employe^ ncn-CvT3 workers, and
shall never exceed those afforded to non-CE-'A wormers earni'_
an amount equal to the max+.mum Wage.
804.3 The payments to particioares made by the Agent shall not result
in e:creadiaa =ore than the total pro3ram budget.
cages. air: e: as incre. Se Cr :ec:ea;s
CCC_.
NC_..
•
1
0
all similarly situated persons paid with funds provided by this
Agreement and Amendments hereto.
804.6 The CETA wage rate, including money received for overtime work
paid to any PSE participant from monies under this Agreement or
Amendments hereto, is limited to a full-time range of $10,000
per year, or the hourly, weekly, or monthly rate which, if
annualized, would equal a full-time rate of $10,000 per year.
804.7 Agent shall not fund under this Agreement more than the amount
stipulated in agent's budget. Agent understands that failure to
comply with this provision may result in a conversion of the
=k position to a regular position within Agent's organization
toward which no Cr:TA monies may be applied.
804.8 Agent understands and agrees that upon prior written approval
from BETA, Agent may supplement, from non-CETA sources, ?SE
wages under this title in the following limited circumstances:
a) For a participant hired on or after October 1, 1978,
Agent may supplement the participant's wages up to a
maxi=' amount of $1,000 annualized over the $10,000
annual wage limitation.
b) For a participant hired prior to Oetcber 1, 1978, who
was receiving wages from non-CZTA sources, Azenc may
continue to supplement the participant's wages and pa.%
any subsequent increase in wages if such increase is a
bonafide cost of living increase or a scheduled raise am,:
the rema_ns in :-e same cs_:_cn or a ?=_
same or lower :a_e .: .
_ .- iG___�_�iG .1 .i_re�.. _...r _J vc__.. ��
_.:\nr_, .iazes a_ S Waz_
per year, if such increase is a bonafide cost of living
•
increase or a scheduled raise and the participant remains
in the same position.
804.9
Agent understands and agrees that once a PSE participant under
this title reaches the annual wage level of $11,000, then one
of the following must occur:
a) The participant shall be terminated from his/her current
employment position with a two (2) week termination
notice given to the participant, or
b) The participant shall be transit_oned into unsubsid'_zed
employment.
805.
Groups
to be eiven Special Consideration
805.1
Agent shall give special preference cc:
a) Those most severely disadvantaged in terys of length of
employment and their prospects of finding L'nsubsidized
•
employment.
b) Those individuals who are receivi:g public assst_nce or
those individuals eligible for but not recei7in3 publi_
assistance.
c) Special disable veterans and 74-etnam era veterans.
d) Other special groups as defined in the C:mpreae^-s_'Te = • _ •-
went and Training Act of 1973, as amender.
80:.1-
All iob vacancies under this Agreement, esce?t those to
former E=Lovees are begin; recal-ledmLst ze Listed ..__-. =•-=
_Vr_dG Jtatc 7_=: c-=_Ent 5e--7=C_ .1Erc_.c-_c_ '•=--_" --` _-
_E_.`.Z _,.r-'7-'3 -_ 1,-�,' nC�rS ___...c _..� •c=.c ..___ =-_ -_____
��..-- -_•_� _��' �_ -_ _.. _...._ Vic.-__. ..�_ ..--- - -. _- _-
7e==r3a ._--� -"-= 'tee.._--
• 805.3 A list of job openings shall be made available by the agent to
Veteran's Organizations for the purpose of making those jobs
known to the veterans as described in 805.1 (c) above.
•
ARTICLE IX
YOUTH PROGRAMS OPERATED UNDER TITLE IV
900. General Obligations
900.1 BETA shall be responsible for participant intake and assessment
including a determination as to an applicant's eligibility.
900.2 In order to ascertain the effectiveness of Agent's program, Agent
agrees to allow the appropriate. BETA staff the opportunity to
observe Agent's program as deemed necessary by BETA.
900.3 Upon BETA's request or whenever it has been determined that a
component of Agent's program or the entire program is not
adequately meeting the needs of Title IV participants because of;
a. A determination made based on 900.2 above, or
b. An inability of the Agent to deliver the service specified
in its proposal,
Agent agrees to meet and. work with BETA staff in correcting or
• improving those elements in its program which have been isolated.
900.4 BETA will.supply participant's wages and or allowances whichever is
appropriate including reimbursement to employers for the extra-
ordinary training costs as particulary set forth in each 0.17 contract.
9005 If Agent, as part of its program, will be placing participants in
an On-The-J'cb Training act-417tt-7 with a private emplover, Age=_
will use the BETA, OJT ccntract:Lnc process.
900.6 Agent shall permit its program start to war'.{ with BETA sta-t or -
an outstation basis for at least ten percent (10Z) of their actual
wcr'.{ time.
Agent Si a._- ass_ .L.._? c=:^+_.o'1"li.en: ac--
_aC-
• �2=_.__-.....�- 3^_C c�-_ �'��c-_S C.. _'ti _:CC�E 'iCLr.__ _ �_^_c__,
❑c;e z- i nc=c=
conservation for solar energy projects and conservation,
maintenance or restoration of natural resources of non-
'
federal, publicly held land.
901.2
Participant Eligibility -An applicant to YCCIP will be eligible if
at the time of application the individual is
a_ between 16 and 19 years of age inclusive, and
b. unemployed, and
C. resides within any jurisdictional area located within
Broward County.
d. Applicant must not have dropped out of school in order to
participate in the program.
901.3
Inter -title Transfer from other CETA Programs into YCCI? will be
allowable if applicant was unemployed at the time of enrollment
into the other =ZTA program.
•
901.4
Agent agrees to actively recruit, select and hire the handicapped.
a. Agent snail strive for a goal of ten percent (10%) hiring of
handicapped.
b. Agent shall be able to evidence its recruitment and selection
procedures by making available to BETA. all doc::mentazion
relative to its recruitment and hiring procedures.
901.:
Agent agrees to make a list of participant programs and training
slots available to Veterans' Organizations in order to ensure
increased oarticipation of aualifi=_d disableiveterans and qualified
7etzam-era veterans.
9C_.
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a. The Youth Employment and Demonstration Projects Act of 1977
and applicable C,i'Ta rules and regulations which can be found
in Volume 20 Code of Federal Regulations Section 680.
b. The Hazardous Occupation Order issued pursuant to the Fair
Labor Standards Act (29 CFR 570.50) with respect to the employ-
ment of youths under 18 years of age, and
C. The Child Labor Standards Act, (29 CFR 570 part C) with respect
to employment of youths between the ages of 14 and 16.
d. Any person hired to supervise youth shall not impede the pro-
motional rights of e.-e-sting employees; and
e. Local labor organizations who represent employees engaged in
work similar to that proposed to be performed by participants
are notified in writing of all wage rate and job classification
changes.
901.7 Agent shall assign a supervisory person for every group of -twelve
(12) youths employed by Agent.
901.8 Agent shall be responsible for:
a. Selection of participants only from those applicants who
car•-y approved certi°ication referral slips.
b. Selection and treatment of certified participants in accordance
with Agent's personnel riles.
C. Suppl-rng BETA with a copy of their personae'_ -ales.
d. Retaining applications of persons not selected for partici-
cation and the reasons for their non -selection.
e. adeauat=_ doc=ent_.:cn oar: _c pants, :�..
dcc menta_:cr. spa:_ ccns:sc of a si=ed and dated
anc :i=_zn a__e5
_. .._ 73 Ja=?_
applicant's knbwledge. 'Ia aa"tion,—a: copy of the —participant' s �- -
appointment documents reflecting rate of pay and position title
must be kept as part of the participant's. records.
f. Providing Workers' Compensation coverage for all participants.
g. Hearing and resolving grievances concerning a participant's
performance in the program. (see Section 305)
901.9 BETS, shall be responsible for:
a. Certifying YCCIP�Job applicants based on the criteria as listed
in Section 901.2`as herein described.
b. Supplying applicants with proof of certification in the form
of a'signed referral slip.
901.10 Ifagent knows or"should have 'known that a participant currently
enrolled may not be eligible for the program in which he/sae is
enrolled, Agent shall contact BETA immediately. Failure to do so
shall result in a shift of responsibility for eligibilit7 from BETA
to the Agent from the date that Agent knew or should have known of
• participant's possible inel4gibil:t7.
901.11 agent shall obtain Nepotism Disclaimers from all participants prior
to the distribution of participant's first paycheck and shall forward
these disclai.mers to BETA along «r.th participant's intake records.
901. 12 he wage
or salary Raid to
the e:ap_ovees ended
by t sis AQzepwe: v
shall at
least ecual the prevailing
—ncs= .age
as established
the Depar-z=ent of Labor and
shall be .:thin the
range established
for this
position or class
title in the Agent's
official salary
schedule
or personnel rules
and regulations.
9C1. __ 'ire pa :-men is s:-anc �, resin
- _.. a ^end_- zee_
t .ar the _ _-
s_.� Fuca-=
agree_ .c: t _ut_ce _e:sc -c--- =z weer.___ pa=--=-==
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901.13 Agent agrees to release participant in order for him/her to take
part in job search and classroom training activities which will aid
• participant to secure unsubsidized employment upon BM's request.
901.16 Participants may not participate in any YCCIF Program for more than
twelve (12) months during which time they may not have experienced
more than two (2) terminations and re -enrollments.
901.17 A list of job openings shall be made available by the agent to
Veterans' Organizations in order to ensure increased participation of
qualified disabled Veterans and qualified Vietnam -era Veterans.
902 Overation of = Funded?
902.1 The purpose of = programs shall be to enhance the job prospects
and career opportunities of young persons to enable them to secure
unsubsidized employment.
902.2 Participant Eligibility- An applicant will be eligible for a YET:
funded activity if at the time of application applicant is:
a. Unemploved as defined in Article I, Section 101.65 or
b. Underemployed as defined in Article I, Section 101.64 or
C. In -School Youth (excluding persons aged 14 and 13)as deii_zed
in Article I, Section 101.34 and
d. Sitteen through twenty-one years of age inclusive, and a
e. Member of a fa=17 w th a total family i come annualized or.
a six (6) month basis at or below 93 percent of the lower
living standard income level, or
t. Economica'_17 disadvantaged.
zoo :cant cus_ not have crcoced out cf schoe_ n crcer t..
become a car ca the o-o_
.out.. _==weer t a axes _--_f =a'- :? ;eeme=
El
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902.3 Intertitle Transfer of Participants from other CETA Programs into
YETP — Individuals may transfer from other CETA programs into YETP
if the individual met the eligibility requirements of Section 902.2
at the time of enrollment into his/her original program.
902.4 Agent agrees to make a list of participant programs and training
slots available to Veterans' Organizations in order to ensure increased
participation of qualified disabled veterans and qualified Vietnam —
era veterans.
902.5 Agent agrees to comply with the following Special Assurances in
addition to those attached to the Basic Agreement.
a. the Youth Employment and Demonstration Projects Act of 1977,
b. the Hazardous Occupation Order issued pursuant to the :air
Labor Standards Act (29 CI4 370.30) with respect to the
employment of youths under 18 years of age, and
c. ' the Child Labor Standards, (29 CFR 570 subpart C) with respect
• to employment of youths bet-ween the ages of 14 and 15,
d. that written notification of all wage rate and job class u ica—
tion changes shall be sent to local labor organizations repre—
senting employees engaged in work si=.lar to that to be performed
under this Agreement.
90Z.5 Vocational !=Lora -_ on ?rograms
a. Agent's `esponsiailities
1. Agent steal—' obtain approval of any labor organization
representing employees in an-7a_fected collective
bargain_ e
Agent s.'1a11 not ass:_:, 'Otlt.. =C aCt. « -:.. are _ =-
a __Z,Cr u=S,L'_c.
a..taC.
- nee t :e_one c .a=t ,= t _s '= --==c= Cr
aera=_.
"_- - -= ::aa=s
4►
Agent shall not assign youth to positions which will result
•
in the displacement of currently employed workers or which
will prevent the hiring of new workers..
b. BETA's
Responsibilities
1.
BETA shall be responsible for participant allowances.
Z.
BETA shall provide Workers' Compensation for all participants.
3.
BETA shall be responsible for hearing and resolving griev-
ances concerning a participant's performance in the program.
902.7
Classroom
Training Programs
a. Agent's Responsibilities
1.
Agent agrees to design classes which are open entry/open
exit or which permit frequent entry during the contract period.
2.
Agent shall be responsible for verifying, collecting and
transmitting participant's time sheets in the manner and
within the time frames established by BET?,.
•
3.
Agent shall be responsible for distributing ?articipant
paychecks.
4.
Agent understands that participants are paid based upon holes
in attendance is the classroom; therefore whenever a holiday
is anticipatad or integrated withi Agent's work ?rog,a=,
Agent agrees to :rake provisions acceptable to 3ETA to ensure
that participant's paychecks for the holiday period «iL' not
be diminished because of the holiday.
S.
Agent shall develop a course outline for each skill at mid-
?oiat of trainiag and upcn course completion. method c=
=or-4to-.- _ and eval :-ttie J..-+i a -,.a a .Orcaz Z:._-
t_ t
agrees to ::: -_S _esc:._..es f=-acemenz Zz-47 --
Agent agrees to monitor and report on participant progress.
7.
Such reports must be -made on BETA forms.
r
b. BETA's
Responsibilities
1.
BETA shall be responsible for providing Workers' Compensa—
tion coverage for all participants enrolled with Agent in
a Classroom Training Program.
: Z.
BETA shall be responsible for hearing and resolving all
grievances concerning a participant's performance in the
program.
3.
BETA shall be responsible for providing counseling and
supportive services to the participant and the Agent
throughout the program.
4.
BETA shall be responsible for payment of allowances to
participants.
902.8 Work Experience Programs
• a. Agent's Responsibilities
I.
Agent agrees to work with BETA staff in developing training
plans for each trad.aing slot, on BETA Training Plan Forms.
Z.
Agent agrees to fill out a Training Report Form each month
for each individual participant. Agent shall be responsible
for adhering to the plan and for rating t:-e ?ar=icipant's
performance in each of the trailing plan's "Skids Lamed"
section. A copy of each participant's training plan and
-"
performance grade shall be submitted to the appropriate BE
counselor on the last ridav of each month of the
J.
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be located within Agent's own organization unless BETA has
waived thisrequirement in writing.
5. Agent shall be responsible for monitoring, verifying,
collecting and transmitting participant's time sheets to
BETA, in a manner and within the time frames established by
BETA.
6. Agent shall provide work habituation skills as an integral
part of training. The method of such skills provision is
to be contained in the training plan.
Work habituation includes but is not limited to developing
and monitoring the following:
a. Punctuality, self -responsibility (job retention
qualities and skill improvement).
b. Rapport with co-workers and authority figures.
C. Appropriate dress and hygiene.
d. Ability to follow instructions (written and verbal).
e. Completion of time sheets.
f. Quality of work.
b. Bc A's Responsibilities.
1. BETA shall be responsible for provising Workers' Compensa-
tion coverage for all participants enrolled with Agent
in its Work Z=erience ?rogram.
2. BETA shall be responsible for hearing and resolving all
grievances concerning a participant's performance in the
�roer�w.
Znz
j. BGT.. shall be =esconslre _Or 7r.c174-`- = cOu=salin_
-rout nC rae =_..
:e =SvC n5_ S _cr �a'�"::e ..ar r c� =anr MG..
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IN WITNESS THEREOF, the parties hereto have made and executed this document
on the respective dates under each signature: CITY OF TAMARAC
(Agent's name)
througa its
(Governing Body;i.e.Board,Council,etc.)
signing by and through its authorized to execute same
(Authorized signatory)
by: action on the day of f
(Governing Body)
19 , and the Broward Employment and Training Administration, signing by and through
its Chairman, duly authorized to execute same by Council action on thel3 day of
September , 19 80 , at Meeting No. 62 .
AS TO AGENT, WITNESSED BY:
L.S.
AGENT: CITY OF TAMARAC.
5811 N. W. 88th Avenue
L.S. Tamarac, Fla. 33321
AS TO BROWA.RD AND TRAZI-7'LVG
ADM. NIS �T1ONBY:
L.S.
L.S.
Ap�rcved as tc -cr= and 1=_gall=-7 by
Cf'lce cf Ge^era_ Counse_
-cr 3rcwa C�zr.: : _cr:da
-'_. General Counse_
RCcm l J _ _: OL` c
_:Z
.:.st sz ^_= Genez .J -sc_
BY:
T=LE :
THE BROWABD ETI.OY:-rrNT UND TRAINMI TG
ADMiNISTR2.TION, A GOVCDNSOR:=--
OF T= CITITS OF FORT LALDE.RDA - A.ti
HOLLYWOOD, AND 3ROWARD COL^,:`.', cLOR.LL
3v .
Jack L. Moss
TIlL.T•... Caac��ial'
DAT -:
REC.C,,INL,I 11 %.
_ _ Robert D. Johnston
ASSURANCES AVD CERTIFICATIONS
A. GMTERAL ASSURANCES
1. The employer assures and certifies that it will comply with the
requirements of the Comprehensive Employment and Training Act
of 1973 as amended (P.L. 93-203, 87 Stat. 839), and 1978, as
amended (P.L. 95-524) hereafter referred to as the Act, and with the regulations and policies promulgated thereunder and all
applicable ObS circulars.
Z. In addition to the requirements of 1. above, and consistent with
the regulations issued pursuant to the Act, the employer makes
the following further assurances and certifications:
a. It will comply with Title VI and VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act, the Equal
Pay Act, the Rehabilitation Act and the Age Discrimination
Act in that no person shall be excluded from participation in,
or be denied the benefits of, any CZTA funded program because
of race, color, sex, national origin, religion, age, handicap
or political affiliation or belief.
b. Appropriate standards for health and safety in work and training
. situations will be maintained.
•
c. Conditions of employment or training will be appropriata and
reasonable with regard to the t7pe of work, the geographical
region and the proficieac7 of the participant.
d. The program will not result in the displacement of employed
worriers, or impair existing contracts for services or result
in the substitut:Lon of Federal funds for other funds .n
connection with work that would othe=vise be perdormed.
e. No funds will be used to train participants to =ill a job
opening created by the action of an employer in laving off or
ter:Lnating the employment of an-7 other employee of the erp lcyer
in anticipation of filling the vacant-v so created by the
of a C_tM,4 trainee.
f. Participants shall be compensated at a st_rti^.g hourly wa?e of
not less than the minimum wage, including oerodic increases
is the minims *:age as may be prescribed under reg:latior_s
issued by the Department of Labc:.
`Fo office= Cr z:.,_oyee cf :tie Aa=^t s . __ s014--= c: _cc=-=
2�3L ._ties. :a7Crs or an'rt z :f Mcnet3_. a =-gin = -.
suC-ccIlz_cc_. --
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h. Agent agrees and understands that funds under this Agreement
may not be used to assist in any relocation of an establishment
from one area to another unless the DOL determines that such
relocation will not result in an increase in unemployment in
the area of original location or any other area where it
conducts business operations.
i. Workers' Compensation coverage shall be provided to all par-
ticipants notincluded under BETAts Workers' Compensation
Insurance Policy.
J. Funds provided under this Agreement shall be used to supple-
ment rather than supplant the level of funds that would
otherwise be made available to the Agent from other sources.
k. To the extent possible, administrative staff to run the
programs funded by this Agreement shall be drawn from
unemployed and underemployed persons.
I. The program funded under this Agreement, in whole or in part,
is not being considered for financial support by another
organization or Federal Agency, and agent will provide
disclosure of financial support if such exists.
m. Agent agrees to comply with the Eazardous Occupation Order
issued pursuant to the Fair Labor Standards,Act (29 CcR 570.50)
• with respect to emplovment of youths under 18 years.of age_
u. Agent agrees to comply with the Child Labor Regulations
(29 C R 570.31) with respect to the employment of youths
between 14 and 16 years of age.
9