HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-118Proposed by: rTemp. #409
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Resolution: '.
CITY OF TAMARAC, FLORIDA
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT
BETWEEN BROWARD MANPOWER COUNCIL AND THE CITY OF
TAMARAC, FLORIDA PURSUANT TO COMPREHENSIVE EMPLOYMENT
AND TRAINING ACT (CETA) UNDER TITLE V1
WHEREAS, the City of Tamarac, Florida did apply under CETA Vl and
dial obtain $67, 217.07.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC FLORIDA:
SECTION 1: The Mayor and the City Manager are hereby authorized
to enter into and execute on behalf of the City of Tamarac, Florida, a contract
in the amount of $67,217.07 between the City of Tamarac and the Broward Manpower
Council, a copy of which is attached hereto as "EXHIBIT A" to be effective
September 2, 1975.
SECTION 2: This Resolution is adopted in order that those posit-
ions funded under expiring CETA V1 Contracts between the City of Tamarac and
Broward Manpower Council may be extended and retained and the Grant money shall
be received for payment of individuals employed in accordance with the terms of
said Grant.
--ti �"
PASSED, ADOPTED AND APPROVED this_ day of J - t,1975
I `
MAYOR
ATTEST:
r
r a i
CITY L
I HEREBY CERTIFY that I have approved
the form and correctness of this
RESOLUTION. --
CITY A
RECORD OF COUNCIL VOTE
MAYOR D . JOHNSON -�T T r
VICE MAYOR M. GLICKSMAN
C/W H. MASSARO f 7 Y
C/M O..TUCKER
76-6C--06
AGRr.�,i""�'VI' aT_-E,'t N TIE BRCWARD NI NPavR cC ;CIL, A
c i ,N=i cC�ISO7_`=_M CR _'JED TO CQ�rTI�C�i - 7!.l a�rR
TRe'=NG AND r ,I'LO't_-EFT PR':D(;_RAMS IN BF0,72ARD CCU41Y
AND THE CITY OF TAMARAC
AGREEvENT
7EIS AGIREE\IL�, entered into this day o� � 10W 1975;
by anil '_-2t U•;e -n the Bresaard Man aer Counci a conso? tiinn of t'� Cities of
Fort Lauderdale and Hollywood, and Brcward County, existing under and by
virtue of the laws of the State of Florida as a non-profit corporation,
having its principal offices at 305 South Andrews Avenue, Fort. Lauderdale,
Florida, AND the City of Tamarac, existing under and by virtue of the laws of the
State of Florida as a municipal corporation, having its principal offices at
58-11 N.W. 88th. Avenue, Tamarac, Florida 33321
WITNESSM THAT:
WFEREAS, The Broward Manpa er Council has entered into an agreement
with the United States Department of Labor for a grant for the execution
and inplementation of an Ermrgency Jobs Program, as amended, AND
Wr EREAS, The elected officials comprising the Brouvard ranpower Council,
and the United States Department of Labor are desirous of extending erTloy--
ment opportunities in the public field to the residents within. Broward County
experiencing substantial unemployment, AND
FliEF7EAS, The Broward Manpower Council desired to engage the city of�
Tamarac
to serti- the Brcward Manpower Council as a subcontractor by carrying out the
below described activities and services relating to an Emergency Jobs Program,.
Ncr =FEFORE, in consideration of the premises and the mutual covenants
and c bligatians herein contained, and subject to the to=t s and ccnditicris
hereinafter stated, the parties hereto understand and agree as follows_
PAFT I
Article 1 -Definitions, Purpose, obligations
A. Definitions
1. "DOL" shall roman the United States Department of Labor and
includes each of its operating agencies and other organizational.
units.
2. "BIIVIC" shall mean the Brcxaard N►_aiipower Council.
3. "CETA" shall mean the Ccrprehensive Employrent and Training Act
of 1973.
4. "Agent" shall man the City of Tamarac
5. "Program" shall mean the activities and services to be provided
by the Agent under and pursuant to this agreement.
6 "Affirmative Action Plan" shall man a i x'itten procddure within
the Agent's personnel policies pertaining to recruitment, hiring
and proration, establishing a Yrethod to guarantee equal opportu-
nity for all.
B . Purpose of Contract
It is the purpose of: this Contract to state the covenants and condi-
ticx-is under canich the Agent will izm`plem�z-it an Eriergengy Jcbs Program
to provide unenplayed and underemtployed persons with er ployrrent in
Jcbs providing needed public services in areas of unenploy,7ent, &s
shall be described herein, to be funded under the guidelines of CE.TA
and under the ccntracting pagers of the BmC.
Page 1
C . Cx; .Lgaticns of the Acer:t
'i'ne Ageri w awes to carry out ail JCb---4 Progr referred to
in Sacticn B hereof and here r-naafter stated in Article II in a lu.tul
satisfactory and prq--r ms r!er, and in accordanm with the written
policies, procedures and requiraiients as may frcan tie to time be
prescribed by DOL and the Bti:C in administering the program. The Agent
shall not perform in a way inccnsistent with CETA regulations except
as herein provided or as authorized in writing by the BMC. Such
written authorization by the Bmc shall be subject to and in accor-
dance with DOL guidelines.
Article II - Ccrroe�-isatian and 24ethod of Pant •�
A. Costs
1. The Braaard Manpaver Council agrees to reimburse to the Agent on a
nmthly basis, based cn the Agent's budget, for all, costs alla,,aole
under Federal, State, and local. guidelines pursuant to the Contract.
2. The total dollar value of this Contract may be adjusted monthly
through a de- cbligaa.on of fads by the BIIMC hereafter upon deter-
mination by the BBC that the total program costs will not be re-
flected as stated in the overall contractual cOrMnitjr nt.
3. The Agent shall provide the &vC, on a monthly basis, frith pxnper
documentation and reoanciliaticn to support the ex;�xdditures of
those funds already expended. Financial reports will be requ zed
within ten working days follmring the end of each nmth
B. Program and Budget _Budget �S-Y (Form. No. 61)
The Program and Budget Sunmazy attadied hereto is hereby incorporated
and made a part of this Agreement in the fom of the Application for
Funding, Form No. 61 and occupational sutmary page 1 and 2.
C. MaximUn Carpensation
This Contract contemplates monthly contracts of the total series of
contracts not to exceed ten (10) monthly contracts of a grand total
of $ 67, 217.07 Tree Agent agrees to accept as full payment
for services rendered, in a manner satisfactory to #1e aIC, the lesser
of the following: (1) the monthly amount of- $ 6,721. 70 1 or (2) the
amount of cash expenditures made by the Agent for purposes of carrying
out the services hereunder. It is expressly understood and agreed that
in no event shall the total compensation and/or reimbursement to be
paid hereunder exceed the maximum monthly mount of one -tenth 1 10)
of the grand total of $ 67,217.07 . 1"i - use of funds under
this contract is lint i fed to a specific period, not to exceed ten (10)
months, to provide a maximum impact on the current economic si_tuat cn.�
The Agent must hire eligible applicants as per DOL and E2,12 requirallents
during this period basis which will provide the most effective services
to the unemployed. The a4C shall revieia the monthly performance of the
Agent in terms of the Agent's ability to hire and otherwise perform
-this contract for the planned number of individuals. To the extent
that the Agent is not able to parfom effectively, the ELIC may
deobligat.e and redistribute the funds of this contract to alternate
agents within R�aaard County, Florida.
D. BYC Aoaroval
Payment will be conti119cnt an the ti-7ely receipt and approval of required
information and resorts anO_ the satisfactory evaluation of the program
by the Bt•:C . •
F L7,,Dlexentatia-i Proce'-'du es
i1e Fgent agrees it will irnpl._rrent this Contract in accordance with
Federal, State, and local g icy-lL es. Aly CCnil i ct or inconsistti�'-.-ricy
b-tWean the guidelines a:nd this Ca-jtrac�t shall be resolved in
`,tvor ;with exis"Lng Federal, State, a^.d loco.l guic?eli.es.
F. Financial AccountaiDilit;.
n2".1-Or tOE'_nt Shall haU-- c? iL'lc`D_^Clal �/ster-s analysis ,nd
c!Il fiescal cc Lrol evaluation by the Ui L to C''�`��i L`1V t(1L Cuj7a-
to Z1
ni ilty of: tf:e �O:�nt �Cc'_�._ _ �''a'";c;�"� �.i"[1S p-C��� �_ Y �`/
`� ` L.
G. Audits and Inscecticns
At any time during normal business hours and as often as the BMC and/or
DOL may deem necessary, there shall be made available to the BYC and/or
DOL the opportunity to examine and make audits of all contracts, invoices,
materials, payrolls, records and personnel, conditions of employrMnt and
a' -her data relating to all matters covered by this Contract.
H. Ad-i ustrrent of Funds
If the BMWs funding level is changed by the DOL, it is under-
stood and agreed by the Agent that the BMC may be required to
ad_; ust the maximum ccupmsaticn of this Agreement by Amendment.
such Amendment, if required, will be based on the availability
of funds for the total. CETA Title VI Grant, and will be subject
to the rate and total of eligible expenditures and encuntorances
of the Agent as approved by the Br�C, and ccapli_anee by the Agent
to the terms and conditions of this Contract.
Article III - Time of Performance 1
This Contract shall becarie effectivequpon execution; the seti�s
the Agent are to commence as soon as practicable after Q;�eca-�
e titre the Contract becomes effective and shall be
coupleted in light of the purpose of this Contract by Jane 30, , 1976.
Article I -- Basic Responsibilities of Agent
The Agent shall have the administrative responsibility for developing,
overseeing and monitoring a program of public employment and related
training, with respect to the funds made available to it under CETA
Title VI.
Article II - Maintenance of Effort
E plcyment funded under Title VI of the Act shall only be in addition
to employment which would otherwise be financed by the eligible appli-
cant without assistance under this title.
To assure maintenance of effort, the Program:
1. Shall result in an increase in employment opportunities over
those which would otherwise be available.
2. Shall not result in the displant of currently erpl.oyed
workers, including partial displaoarr nt such as a reduction
in hours of non -overtime work, wages, or enployrrent benefits.
3. Shall not inpair existing contracts for service or result
in the substitution of Federal funds for other funds in
connection with work that would othen,7ise be performed.
4. Shall not substitute public service jobs for existing feder-
ally assisted jobs.
Article III - Participant Selection and Eligibility
A. selection Respcnsibili.t
'n-ie Agent shall be responsible for the selection of participants.
To meet this requirement, the Agent must provide adequate docamnta--
tion of each applicant's eligibility, and retain in the participant's
folder the information on which this docurentation of eligibility is
tried. 'true Agent shall also .retain for a reasonable period of time
thc� applications of persons not selected for participation and the
reasons for their non -selection.
AJL: < uate documentation shall consist of a signed and dated ccuplete
zt,pplir_aLion for erployrr-e_.nt, including the lest date of emoloyrtent,
which attests that the information the application contains is true,
to the best of the eligible applicant's knaeledge. In addition a
cci_)y of the participant's appointment docu_,,-_-its reflecting rate of
pay and position title must be kept as part of the participant's
records,
B. ;;=:ecial 1�imitations on Participant selection
1. At the ti.-re of both application and selection, participants shall
:-cs ide within the area of BrcFsau d Cc= ty .
LEI
2. The Agent may not select, reject or promote a participant
based on that individual's political affiliation or beliefs.
3. The Agent may not hire a person into a Title VI funded posi-
tian if a member of his or her immediate falnily is enl:)lcyed
in an administrative capacity for the Broward Manpower Council.
or Agent.
4. No discrimination shall be permitted in this Program with
respect to race, creed, color, national origin, sex, age,
handicap, political affiliation, or beliefs.
C. Eligibility for ParticiAation
A person residing within Broward County who has been unemployed
for at least 15 days prior to the date of application or who is
underemployed is eligible to participate in a program under
Title VI of the Act.
Special consideration shall be given to unemployed persons who
are the most severely disadvantaged in terns of the length of
time they have been unemployed and their prospects for finding
employment without assistance under Title VI.
D. Grohs to be Provided Special Consideraticn
1. Special consideration shall be given to veterans who served
in the Armed Forces in Indochina or Korea, or the waters
adjacent thereto on or after August S, 1964 and who received
other than a dishonorable discharge. These veterans shall
be hired in a proportion at least equal to their incidence in
the unemployed and underemployed population. In order to
insure special consideration for veterans, all job vacancies
under this Program, except those to which former employees are
being recalled must be lasted with the State employn-fant services
at least 48 hours before such vacancies are filled. During
this period, the employment service will refer special veterans.
All other applicants are to be referred after the 48 hour
period. A list of job openings, with the exception of those
to which former employees are being recalled, sha4 be made
available from time to time to veterans organizations for the
purpose of making those jobs known to the veterans described
herein.
2. Special consideration shall be given to welfare recipients.
3. Special consideration shall be given to persons who have parti-
cipated in manpawer training programs and for whom work oppor-
tunities are not otherwise immediately available.
Article IV -- Placement Goals
A. The Agent should accomplish at least one of the following as a
goal to the best of its ability;
I. Placing one-half of the participants in unsubsized private
or public sector employment; or
2. Placing participants in one-half the vacancies occurring in
suitable occupations in the Agent's permanent work force which
are not filled by promotion from within the Agency.
B. The Agent shall have the right to request a waiver of these place-
ment goals provided such a Wiest is supported by substantive3
evidence that the locai economic conditions and budgetary constraints
warrant such a waiver. A brief explanation in writing regarding
said waiver is desired upon the submittal of executed contract to
the Broward Manpower Council.
Article V --- Compensation for Participants
Page 4
lam`
A. Minimum Wage.
Each participant shall be paid at a rate no Less than, the high-
est of the following:
1. The minimum wage which would be applicable to the employee
under the'Fair Labor Standards Act of 1938, if Section 6
(a) (1) of the Act applied to the participant and if he
were not exempt under Section 13 thereof;
2. The prevailing rate of pay for persons employed in similar
public occupations by the same employer.
B. Limitations on Sal
Compensation to any participant frcan Title VI funds is limited to
a maximum full. -time rate of $10,000 per year, plus the cost of
fringe benefits to the extent they do not exceed those paid to
workers earning $10,000 a year.
DAFT III
GMRAL CCNDITICNS
Article I - Personnel. Costs
To be eligible for disbursement for personnel costs, the Agent
shall submit to the BNIC for approval in accordance with DOL guide-
lines, the personnel policies of the Agent which shall include pay
schedules, work hours, fringe benefits, job descriptions, and upon
hiring of personnel, the personnel record or employee service cord
with the information required by the BY-C.
Article II -- Indermification
The Agent understands and agrees"that it is an independent con-
tractor and agrees to indemnify and hold harmless the BMC fran
liability of any kind, including costs and expenses, for or on
account of any or all suits, actual or threatened, or damages
arising out of the Agent's operation of the Program.
Acticle III - Data Beccres BMC Property
All reports, plans, surveys, information, docLrrents, maps, and other
data produced, developed, prepared, assembled or carialeted by the
Agent for the purpose of this Contract shall beccim the property of
the BYC without restriction, reservation or linitation of their use
and shall be made available by the Agent at any tL7e upon request by
BMC or DOL.
Article IV - Conflict of Interest
'the Agent covenants that no person who presently exercises any func-
tions or responsibilities in connection with the aMC has any personal
financial interest, direct or indirect, in this Contract. The Agent
fur_ tier covenants that in the performance of this Contract, no person
having any conflicting interest shall be employed. Any interest on
tll._' part of the Agent or its erployees must be disclosed to the BMC.
Pr-(-)vided, hor�ever, that `his paragraph shall be interpreted in such
a manner so not to unreasonably irq,ede the statutory requiresrient that
ma:-- irntzi opportunity L-- provided for cinpic yr xrt of and participation
by residents of the a=a.
Article V -- Evaluation
'Ilie Agent agrees that the BmC will carry out periodic monitoring ana
cnialuation activities as may be deared necessary by the B; C and/or
DOH and that the continuation of this Cottr ct is d {pendent upon
satisfactory evaluative conclu;.icns. Such evaluation will b,-z- based
L�/
on the terms of this Contract, carPariscns Of planned versus actual
Progress relating to project scheduling, budgets, and output measures
as detailed by the BMC and the Agent.
The Agent agrees to allow the BMC or their designees, access to, and
to make copies and/or transcriptions of such records and info ation
as may be deezted necessary by the BMC. The Agent shall submrm
t on a
monthly basis, and at other tiros upon the request of the W ior IDOL,
and reports approved by the BMC.
Article VI - Project Publicit,
Any Publicity, via news release or other means in the control of or
begun at the instance of the Agent pertaining to the services C)
under shall recognize that the program is funded by here -
the United States
Department of Labor through the Broward Manpower Council as the con-
tractor, and the Agent as the contractee.
Article VII - Amendments
The BMC may, at its discretion, amend this contract to conform with
changes in Federal, State and/or local guidelines, directiVes, and
Objectives. Such amendments shall be incorporated by written amend-
ment as a part of this Contract upon approval by the BN:C.
Article VIII - Subcontracts
None of the work or services, including, but not limited. to consult-
ant work or services, covered by this Contract shall be subcontracted
without prior written approval of the BMC. Any work or services sub --
contracted hereunder shall be specified by written contract or wr
ten agreement and shall be subject to each provisioit-
Proper of this Contract.
Proper documentation must be prior to the execution of any submitted to and approved by the BMC
subcontract hereunder. In addition,
all subcontracts shall be subject to Federal, State and local laws
and regulations.
Article IX - Termination
If, for any cause, the Agent shall fail to fulfill in a tirr�ly and
Proper manner its Obligations under this Contract, or if the Agent
shall violate any of the covenants, agreements or stipulations of
this Contract, the Byc shall thereupon have the right to terminate
this Contract by giving written notice to the Agent of such termina-
tion. Such termination shall be effective imarediately upon receipt'
of notification. .In such event, all finished or unfinished docu-
ments, data, studies, surveys, drawings, maps, photographs, and re -
Ports prepared, by the Agent under this Contract shall, at the option
of the BMC become its property and the Argent shall be entitled to
receive just and equitable ccmPensation for any vv�ork satisfactorily
completed hereunder.
Further, the Agent shall be liable to the BYC for any unauthorized
costs incurred in the operation of the program or not in accordance
with the stipulations of this Contract.
Notw.i-hstanding the above, the Agent shall not be relieved of liabil-
ity to the BMC for damages sustained by the BYC by virtue of any
breath of the Contract by the Agency, and the BNC may withhold any
paYIN?its to the Agent for the purpose of set-off until such time as
th. exact amount or damages due the R%%'C fra, t the Arent is Oetermined.
Article X - Notice
All notices required to be given under this Contract shall be suffi--
cic�nt when delivered to the BP,C at its office at 305 South Andrews
Avenue, Suite 606, Fort Lauderdale, Florida 33301 and to t'r_. A
when delis Ured to its of-, at
5 _ � �1 nt
.. -
N• 88th. Avenue Tamarac Flo -id
3332.1 _ a
Page 6 �.
L L
Article XI - Affirmative Action Plan
The Agent is required to develop and implement an Affirmative Action
Plan on or before ninety (90) days after the execution of this contract.
In the event the Agent has not implemented and Affirmative Action Plan
prior to ninety(90) days after execution of this Contract, the R%r may
consider terminating this Contract.
Article XII - Lames
The parties recognize that many local areas are experiencing serious
revenue reductions and in revising their budgets are- forced to lay off
employees. Those employees legitimately layed-off under these conditions,
to the extent that they meet the other eligibility requirements under the
Emergency Jobs and Unemployment Assistance Act of 1974 may be enrolled
in the program contemplated by this Contract. however, in no way shall
the Agent be allowed under this Contract to lay-off employees with the
intended purpose of calling them back into jobs funded under this Contract.
The Agent must provide the BMC substantive documentation for legitimate
lay-offs and call-backs which occur during the period of this grant.
Article XXII - Contract Documents
The parties hereto agree and understand that the words and figures containe
in the following list of documents which are attached hereto, }wound herewit
or hereby incorporated herein by reference and made a part hereto constitue
and shall be referred to as the Contract; and that all of said documents
taken as a whole constitute the Contract as if they were set forth verbatim
and at length herein:
A. Program and Budget Surmiary, Form NO. 61 (attached hereto).
B. Assurances and Certifications
all of said documents are filed and will be maintained on file at the
business offices of the BMC. Oney copy of the Contract documents will be
furnished to the Agent by the BMC.
Article X1V - Prohibition of Political Activities
This contract is contingent upon the meritorious pei-fonmance of the duties,
responsibilities, and obligations upon the parties as herein set -forth,
rather than upon political service. Subject to the provisions of the
First Amendment of the Constitution of the United States, all employees,
agents, and assigns of the agent shall be prohibited during the term of
this Contract from managing political campaigns, raising money for
candidates or political parties, running for political office, campaigning
for political officials, soliciting votes and serving as ca-m ittee person
or delegate to political conventions.
Article XV -.Non-Profit Rider (Nan -Profit Paents Only)
By this reference the Non -Profit Rider attached hereto is incorporated
as a part hereof.
Page 7
TH WITNESS THEREOF, the foregoing parties have executed this CONTRACT, as
Of the date written above.
TITLE: < rt1
DATE: 1
AS TO AGENT
WITNESSED BY
.S.
L.S.
Approved as to form and legal
suf f icivxlc�
Bro"rd Manpower Council Attorney
DATE: LAW OFFICES nr gI I
116 C. E. 6t1: C0�! cT
FT. LAUDLRDALE, rLA. 3 01
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M • F• n •r MWMWER CaJNCIL,
GOVERNTIMENTAL, CONSORTIUM• ■
• • • r - r • • I• • OO it
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DATE:
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DATE:
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Page 8
ASSURANCES AND CERTIFICATIONS
A. General Assurances _ #.
I. The applicant assures and certifies that:
a. It will comply with the requirements of the Comprehensive
Employment and Training Act (CETA) of 1973, as amended
(P. L. 93-203, 87 Stat. 839 and P.L. 93-567, 88 Stat. 1845),
hereinafter referred to as the Act, and with the regulations
and policies promulgated thereunder; and
b. It will comply with OMB Circular number A-95 and Federal
Management Circulars (FMC) 74-4 and 74-7, as those
circulars relate to the utilization of funds, the operation
of Drograms, and maintenance of records, books, accounts,
and other documents under the Act.
2. The applicant further assures and certifies that if, the regulations
promulgated pursuant to the Act are amended or revised, it shall
comply with them or will notify the Assistant Regional Director
for Manpower (ARDM) within 30 days after promulgation of the
amendments or revision that it cannot so conform, so that
the ARDM may take appropriate action including termination,
if necessary.
3. In addition to the requirements of I and 2 above and consistent
with the regulations issued pursuant to the Act, the applicant
snakes the following further assurances and certifications:
a. It possesses legal authority to apply for the grant; a , -
resolution, motion or similar action has been duly adopted
or passed as an official -act -of thEr applicant's governing
body, authorizing the filling of the application, including
.all understandings and assurances contained therein, and
directing and authorizing the person identified as the
official representative of the applicant to act in connection
with the application and to provide such additional infor-
mation as may be required (sections 102(a); 701(a) (9) and 10).
b. It will comply with Title VI of the Civil Rights Acts of 1964,
(P. L. 88-3541, and in accordance with Title VI of the Act
no person in the United States shall on the ground of rlpe,
color, sex, or national origin, be excluded from participation
in, be denied the benefits or, or be otherwise subjected to
discrimination under any program or activity for which the
applicant receives Federal financial assistance, and the
grantee will immediately take any measures necessary to
effectuate this assurance.
c. It will comply with Title VI of the Civil Rights Act of 1964,
(42 USC 2000d) prohibiting employment discrimination where
(1) the primary purpose of a grant is to provide employment or
(2) discriminatory employment practices will result in unequal
treatment of persons who are or should be benefiting from the
grant -aided activity.
d. No person with responsibilities in the operation of any program
under the Act will discriminate with respect to any program
participant or any applicant for participation in such program
because of race, creed, color, national origin, sex, age,
political affiliation or beliefs (sections 703(1) and 712).
e. It will comply with the requirements of the provisions of the
Uniform Relocation Assistance and Real Property Acquisition
Act of 1970 (P. L. 91-646 and FMC 74-7 issued thereunder)
which provides for fair and equitable treatment of persons
displaced as a result of Federal and federally assisted programs.
f. It will comply with the provisions of the Hatch Act which limit
the —political activity of employees. I
g. It will comply with the requirement that no program under
the Act shall involve political activities (section 710).
h. It will establish safeguards to prohibit employees from using
their positions for a purpose that is or gives the appearance
of being motivated by desire for private gain for themselves
or others, particularly those with whom they have family,
business or other ties (section 70Z(a)).
i. It will give the Department of Labor and the Comptroller
General, through any authorized representative, the access
to and the right to examine all records, books, papers or
documents related to the grant (section 713(2)).
j. Participants in the program will not be employed on the
construction, operation or maintenance of that part of any
facility which is used for religious instruction or worship
(section 703(3)).
k. Appropriate standards for health and safety in work and
training situations will be maintained (section 703(5)).
1. Conditions of employment or training will be appropriate and
reasonable with regard to the type of work, the geographical
.region and the proficiency of the applicant (section 703(4)).
m. Provision of workmen's compensation protection to participants
in.on-the-job training, work experience, or public service "
employment programs under the Act at the same level and to
the same extent as other employees of the employer who are
covered by a State or industry workmen's compensation statute;
and provision of workmen's compensation insurance or medical
and accident insurance for injury or disease resulting from
their participation to those individuals, engaged in any program
activity under the Act, i, e. , work experience, on-the-job
training, public service employment, classroom training,
services to participants, and other activities, where others
similarly engaged are not covered by an applicable workmen's
compensation statute (sections 703(6) and 208(4).
n. The program will not result in the displacement of employed
workers or impair existing contracts for services or result
in the substitution of Federal funds for other funds in
connection with work that would otherwise be performed
(section 703(7)). -
o. Training will not be for any occupations which require less
than two weeks of pre --employment training, unless immediate
employment opportunities are available in that. occupation
(section 703(8)).
p. Training and related services will, to the maximum extent
practicable, be consistent with every individual's fullest
capabilities and lead to employment opportunities which
will enable participants to become economically self-
sufficient (sections 703(9) and 105(a)(6)).
q. Institutional skill training and training on the job shall
only be for occupations in which the Secretary or the prime
sponsor has determined there is reasonable expectation for
employment (section 703(10)).
r. CETA funds will, to the extent practicable, be used to
supplement, rather than supplant, the level of funds that f
would otherwise be available for the planning and administration
of -programs under the eligible applicant's grant (sec. 703(11)).
r_J
x. Services and activities provided under this Act will be
administered by or under the supervison of the applicant
(sections 105(a)(1)(13) and 205(c)(1)).
W
B. Additional Assurances for Title I Programs
In carrying out programs under Title I of the Act, the applicant
assures and certifies that:
1. Manpower services, including job development, will
be provided to those most in need of them including low
income persons and persons of limited English-speaking
ability, and that the need for continued funding of programs
of demonstrated effectiveness is considered in serving
such persons (section 105(a)(1)(D)).
2. Programs of institutional skill training will be designed for
occupations in which skill shortages exist (section 105(a)(b)).
3. The plan meets all the requirements of section 105(a) and the
applicant will comply with all provisions of the Act (section
105(b)).
4. It will make such arrangements as are prescribed by regulation
to assist the Secretary in carrying out his respor-sibilities
under sections 105 and 108 of the Act (section 105(a)(7)).
5. Special consideration will be given to the needs of eligible
disabled veterans, special veterans, and veterans who
served in the Armed Forces and who receive other than a
dishonorable discharge within 4 years before the date of their
application. Each prime sponsor in selecting participants for
programs funded under -Title 1 of the Act, shall take -into
consideration .the extent that such veterans are available in
the area. Specific effort should be made to develop appro-
priate full or part-time opportunities for such veterans.
The prime sponsor should utilize the assistance of the State
and local veterans employment service representative in
formulating its program objectives.
On a continuing and timely basis, information on job vacancies
and training opportunities funded under Title I of the Act shall
be provided to the State and local veterans employment service
representative for the purpose of disseminating information to
eligible veterans (sections 205(c)(5), 205(c)(26), and 104(b)
of Emergency Jobs and Unemployment Assitance Act of 1974).
C. Additional Assurances Relating to Public Service Em to ment Programs
For public service employment activity, the applicant further
assures and certifies that: '
1. Special consideration will be given to the filling of jobs which
provide sufficient prospects for advancement or suitable continued
employment by providing complementary training and manpower
services designated to (1) promote the advancement of participants
to employment or training opportunities suitable to the individuals
involved, whether in public or private sector of the economy
(2) provide participants with skills for which there is an
anticipated high demand, or (3) provide participants with self -
development skills; except where exempt under the provisions
section 604 of the Act, provided however that nothing contained
in this paragraph shall be construed to preclude persons or
programs for whom the foregoing goals are not feasible or'
Appropriate (sections 205(c)(4) and 604).
2. To the extent feasible, public service jobs shall be provided
in occupational fields which are most likely to expand within
the public or private sector as the unemployment rate recedes,
except where exempt under Section 604 of the Act (sections 205
(c)(6) and 604).
3. Special consideration in filling transitional public "service jobs
will be given to unemployed persons who are the most severely
disadvantage in terms of the length of time they have been
unemployed without assistance, but such special consideration
shall not authorize the hiring of any person when any other
person -is on lay-off from the same or any, substantially equivalent
job (section 205(c)(7)).
4. No funds will be used to hire any person to fill a job opening
created by the action of an employer in laying off or terminating
the employment of any other regular employee not supported under
the Act in anticipation of filling the vacancy so created by hiring
an employee to be supported under the Act (section 205'c)(8)).
5. Due consideration will be given to persons who have participated
in manpower training programs for whom employment opportunities
would not be otherwise immediately available (section 205(c)(9)).
6. Periodic review procedures established pursuant to section 20 7 (a)
of the Act will be complied with (section 205(c)(17)).
s. It will submit reports as required by the Secretary and will
maintain records and provide access to them as necessary for
the Secretary's review to assure that funds are being expended
in accordance with the purposes and provisions of the Act,
including the maintenance of records to assist the Secretary
in determining the extent to which the program meets the special
needs of.disadvantaged, chronically unemployed, and low income
persons for meaningful employment opportunities (sections 703(12)
and 311(c)).
t. The program will, to the maximum extent feasible, contribute
to the occupational development or upward mobility of
individual participants (section 703(13)).
u. The program has adequate administrative and accounting controls,
personnel standards, evaluation procedures, availability of in-
service training and technical -assistance programs, and other
policies as may be necessary to promote the effective use
of -funds (section 703(14)).
v. The program makes appropriate provision for the manpower
needs of youth in the area served (section 703(15), and will
assure that:
(1) Individuals receiving training on the job shall be
compensated by the employer of such rates, including
periodic increases, as may be deemed reasonable under
regulations prescribed by the Secretary, but in no
event at a rate less than that specified in Section 6(a)(1)
of the Fair Labor Standards Act of 1938 or, if higher,
under the applicable State or local minimum wage law.
Wages in the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, and the Trust Territory of the
Pacific Islands shall be consistent with the. Federal,
State, or local law otherwise applicable (section 111(b)).
(2) Persons employed in public -service -jobs under this
Act shall be paid wages which shall not be lower than
whichever is the highest of (a) the minimum wage which
would be applicable to the employee under the Fair Labor
Standards Act of 1938, if Section 6(a)(1) of such title
applies to the participant and if he were not exempt under
section 13 thereof. Wages in the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, and
the Trust Territory of the Pacific Islands shall be consistent
with the Federal, State, or local law otherwise applicable;
(b) the State or local minimum wage for the most nearly
comparable covered employment, or (c) the prevailing
rates of pay for persons employed in similar public oc-
cupations by the same employer (section 208(a)(2)).
W. It will comply with the labor standards requirements set_
out in section 706 of the Act.
0
7. Agencies and institutions to whom financial assistance is made
available under this title have undertaken or will uftdertake,
analyses of job descriptions and reevaluations and, where
shown necessary, revisions of qualification requirements at all
levels of employment, including civil service requirements
and practices relating thereto, in accordance with regulations
prescribed by the Secretary, with a view toward removing
artificial barriers to public employment of those whom it is
the purpose of the Act to assist (section 205(c)(18)).
8. Where appropriate, it will maintain or provide linkages with
upgrading and other manpower programs for the purpose of
(1) providing those persons employed in public service jobs who
want to pursue work with the employer, in the same or similar
work; --with opportunities to do so and to find permanent, -upwardly
mobile careers in that field, and (2) providing those persons
so employed who do not wish to pursue permanent careers in
such field, with opportunities to seek, prepare for, and obtain
work in other fields (sections 205(c)(19) and 604).
9. The program will, to the maximum extent feasible, contribute
to the elimination of artificial barriers to employment and
occupational advancement, inlcuding opportunities for the dis-
advantaged (section 205(c)(21)).
10. Not more than one-third of the participants in the program will
be employed in a bona fide professional capacity (as -such term
-is used in section 13(a)(1) of the Fair Labor Standards Act of
1938), except that this paragraph shall not be applicable in the -case
of participants employed as classroom teachers, and the Secretary
may -waive this limitation-inexceptional circumstances (section 205
(0(224) .---
11. -.Jobs will -be allocated_ equitably to local governments and agencies
taking into account the number of unemployed persons within their
jurisdictions and the needs of the agencies (section 205(c)(23)).
• 12. The jobs in each job category in no way infringe upon the
promotional opportunities which would otherwise be available
to persons currently employed in public service jobs not sub-
sidized under the Act, and assure that no job will be filled
in other than an entry level position in each job category
until applicable personnel procedures and collective bargaining
agreements have been complied with (section 205(c)(24)).
13. Jobs are in addition to those that would be funded by the sponsor
in the absence of assistance under the Act (section 205(c)(25)).
,r
Cr
M Additional Assurances for Title lI Programs. All assurances in
above apply to activities fun e under 1 itle IL In addition, the
applicant will assure that: (1) Only persons residing within the
areas of substantial unemployment qualifying for assistance will be
hired to fill jobs created under Title II of the Act and the public
services provided by such jobs shall, to the extent feasible, be
designed to benefit the residents of such areas (section 205(c)(3)).
(2) All persons employed under any program, other than necessary
technical, supervisory, and administrative personnel, will be selected
from among unemployed and underemployed persons (section 205(c)(20)).
(3) Special consideration shall be given to eligible disabled veterans
special veterans, and veterans who served in the Armed Forces
and who received other than a dishonorable discharge within four
years before the date of their application. Each eligible applicant
selecting participants for programs funded under Title II of the
Act, shall take into consideration the extent that such veterans
are available in the area. Specific effort should be made to develop
appropriate full or part-time opportunities for such veterans. In
order to insure special consideratior, for veterans, all public
service employment vacancies unde_- Title II, except those to which
former employees are being recalled, must be listed with the
State employment service at least 48 hours (excluding Saturdays,
Sundays, and holidays) before such vacancies are filled. During
this period, the employment service will refer those veterans
specified above. If sufficient numbers of veterans are not available_,
the "employment service, -upon-request,- may also refer members
of other significant segments. All other applicants are to
be referred after the 48-hour period (section 205(c)(5)). The
eligible applicant should utilize the assistance of State and local
veterans employment representatives in formulating its program
objectives.
Each eligible applicant shall, on a continuing and timely basis,
provide" information "on job 'vacancies and training -opportunities-funded
under Title II of the Act to State and local veterans employment
representatives and to other veterans organizations for the purpose
of disseminating information to eligible veterans (section '104(b)
of Emergency Jobs and. Unemployment Assistance Act of 1974).
E. Additional Assurances for Title Vl Programs. All assurances in C
above apply to activities funded un er Title VI. In addition the
-applicant will assure that:
1. Only persons residing in the area served by the eligible applicant
under Title VI of the Act will be hired to fill jobs created -
under the Act and that the public services provided by such jobs
shall, to the extent feasible, be designed to benefit the :residents
of such areas except that funds allocated under Title VI of the
Act (section 603(a)(2)(B)), to an area of substantial unemployment
shall only be used to provide project and program opportunities
to persons residing in those areas of substantial unemployment
(section 603(a)(2)).
Z. All persons employed under any program, other than necessary
technical, supervisory and administrative personnel, will be
selected from among unemployed and underemployed persons
• dnd that under Title VI preferred consideration shall be given,
to .the maximum extent feasible, consistent with provisions
of the Act, to unemployed persons who have exhausted unemploy-
. ment insurance benefits, to unemployed persons who are not
eligible for unemployment insurance beneifts (except for persons
lacking work experience) and to unemployed persons who have
been unemployed for 15 or more weeks.
F. Special Certification for State Grantees. A State grantee further
assures and certifies that it will comply with the requirements
and. provisions of section 106 and section 107 of the Act.
c
• . (cuh-nit Original & T*oxe-- CSRies)
FOR FCTDL,TG 1 DATE PREAI 7
CrTA TITLE VIn�-- F2-E TCY T03S PROGRai� January 24, X975
Bra. and IT er CO'Mcil Form No. 61
TEGL' L ILkNE & ADDRESS OF APPLICI ""
City of Tamarac, City Hall, 58-11 I1.W. b8ttij. Avenue, jamarac, Florida 33321
(3) NAi,1,w & TF= OF Pr R.SOT (S) TO SI&N CO>7T'"'ACT
Mayor Dwight E. Johnson, Mayor Edward A. Gross, City. Manager
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Edward A. Gross, City Manager
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