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HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-087., his 'Resolution ,vas, utroduced by Temp. #379 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 II. WHEREAS, the City of Tamarac, Florida did apply under CETA II and did obtain $ 90,067.04 i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC FLORIDA: SECTION 1: The Vice 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 $ 90,067.04 between the City of Tamarac and the Broward Manpower Council, a copy of which is attached hereto as "EXHIBIT A" to be effective July 1, 1975. SECTION 2: This Resolution is adopted in order that those positions funded under expiring CETA II 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. PASSED, ADOPTED AND APPROVED this (3Vok day of -f , 1975. CITY LaR I HEREBY CERTIFY that I have approved the form a_n__dff correctness of this RESOi TION. CITY�iTTORNEY— RECORD OF COUNCIL VOTE W.WR - D. JOHNSON V / N1, - E. LANGE —J- c / H. MASSAGo C N1 - 0. rl1CKER { N1 - M. GLICKSMAN ME r r J.':t'", 1 , ..•. - r• r-r-i CU"::CaL,, A Cr3VE: .: -rT' -�� CC 1v�O:.1I.i_;_ TO CavD"_= i �� G:': it T?1 ;,a�;I1\. �+tiJ �-I::AIi ice; ii CITY OF TAMARAC 7 �j r�- AG RC ll=1.I. riryilS Fui ��''�_.�', entered into this �, d&1r of.� , 1975; by ar,,5 tetween tlic Bra;, 1rd i i1 .aer Council, a consortium of trl"_ C1 t1.� S O : Fort TiJl7�� '1 dale and i1011yr^r0< )], and Braaard County, existing under and by virtue of -the lu,,73 of the State of Florida as a non-profit corporation, having its princival office-s at 305 South And.rlt__ s Avent:e, Fort Lauderdale, Florida, ]%:�D the City of Tamarac, existinq under and by virtue of the laws of. the mu ici al cor oration havin its r' d Road, Tamarac, Florida 33319. WM' ESSE I THAT: 4fc1F1Ft�.z1 , T''ne Broaard Malpaaer Council has entered into an agr? rent with the United States DePartr-�'.--nt of Labor for a grant for the execution and imple- rrentation of a Public Service L�,ployment Program, as a;nended, NND i%i- ERF,.z,,S, The elected officials carprising the Braaard rEmpcf.,er Council, and the United States Department of Labor are desirous of extending e,-..-,ploynent oppor- tunities in the pu iic field to the residents wit,iin BruHaxd. County e ^ rien:arg substantial unemployment, AND ;NJEJE ,S, The Broward Manpower Council desired to engage the City of Tamarac to serrre the Braaard Manpower Council as a subcontractor by carrying out the below described activities and services relating to a Public Service ErqDloyiTent Program, N(xa jjE:FEFoFc-, in consideration of the premises and the mutual covenants and obligatians herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows Article l - Definitions, P ose, Gbla ations A. Definiti a -is 1. "DOL" shall mean the United States Department of Labor and includes each of its operating agencies and other organizational units. 2. "BVC" shall mean the Broward Manpaaer Council. 3. "CET'A" shall mean the ComprikLensive Euployment and Training Act of 1973. 4. "Agent" shall man the Cit 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 mean a written procedure within the Program Agent's personnel policies pertaining to recruitment, hiring and promotion, establishing a method to guarantee eq�al opporttmity for all. B. PuL ose of Contract It is the purpose of this Contract to state the covenants and conditions under which the Agent will implement a Public Service Di-ployment Program to providY unemployed and underemployed persons with transitional employ - rent in jobs providing needed public services in areas of substantial unemmployrrent, as shall be described herein, to be funded under the guide -- lines of CETA and under the contxacting pagers of the BMC. C. pbli a`ions of the Agent T'ne F,clent agrees to carry out a Public Serva.ce atpla, rnen" Progrzim re`erred to in Section B hereof and hereinafter stated in Article II in a lcr�rful, satis`actory and, proper mC-nner, and in accordance wlt:h the written poli- cies, procedures and rer,-jurcr7ents as inay Er.CM tifine to ti.Te IXprr-sr_ii d by DO .. a�t,c1 the BMC in awl Rlnis texing the program. The l�gent sh:�1l nor per- form in a way inconsistent with (: TA regulations except as herein pro- vided or as authorized in writing by the BMC. Such 'written authorization. ivl� Page l by the a,,C shall � subject to and in accordauce `th DOL, guidelines. Arti^le II - Conpern_satian and Method of Payne_nt A. Cos is 1. Tht) brcuard Manpower Council agrees to reimburse to the Agent on a r,onthly basis, based on the Agent's budget, for all costs allow- able under Federal, Stag and local guidelines pursuant to the Con tract . 2. The total dollar value of this Contract may be adjusted rronthly througn a de -obligation of funds *by the B,%F- hereafter upon deter- mination by the RMC that the total program costs will not be reflected as stated in the overall contractual canal tment. 3. rine Agent shall provide the KJC, on a monthly basis, with proper docim-ntation and reconciliation to support the expenditures of those funds already emended. Financial reports will be required within ten working days following the end of each month_ 13. Program and Budget Sumrr (Form No. 61) The Program and budget Summary attached hereto is Azereby incorporated and made a part of this Accent in the form of the Application for Funding, Form No. 61 and occupational sur=ary page 1 and 2. C. 1�bx mum Cori ation This Contract contemplates monthly contracts of the total series of contracts not to exceed seven (7)monthly contracts of a grand total of $ 9 0 , 0 6_7. 04- The Agent agrees to accept as full payment for services rendered, in a mariner satisfactory to the BYE, the lesser of the following: (L) the monthly ammunt of $ 12, 866. 72 or (2) the amount of cash expenditures made by the Agent for purposes of carrying out the services hereunder. It is e:)�pressly understood and agreed that in no event shall the total coigDerisation and or reimbursement to be paid hereunder exceed the nuxi n -n rronthly amount of one -seventh (1/7) of the grand total of $ 90,067.04 The use of funds under this contract is limited to a specific period, not to exceed seven (7) rronths, to provide a maximum impact on the, current exonomic situation. The Agent must hire eligible applicants as per ML and ME requirements during tcds period basis which will provide the irost effective services to the unemployed. The Pd,,1C shall review 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 perform effectively, the a1C may de -obligate and re -distribute the funds of this contract to alternate agents within Broward County, Florida. D. FDIC Approval Payment will, be contingent on the t i rrel y receipt and approval of required information and reports and the satisfactory evaluation of the program by the RJC:. E. Tn lamentation Procedures The Agent agrees it will iYrpleiTent this Contract in accordance with Federal, State, and local guidelines. Any conflict or inconsistency between the above guidelines and this Contract shall be resolved in favor with exist- ing Federal, State, and local guidelines. F. Financial, Accountabili Prior to .Funding, the Agent shall have a financial systems analysis and internal fiscal control evaluation by the &SIC to determine the capability of the Agent to fiscally manage this project. G. Audits and Inspections At any titre during normal business hours and as often as the IM and/or,, DOL may deem necessary, there shall be nade available to the R,1C and/or DOI, the opporunity to e>.mrturie and rLalke audits of all contracts, invoices, materials, payrolls, records and personnel, conditions of enploymen.t and other data relating to all matters covered by this Contract. H. Adiustr.-rnt of Funds If the HVs funding level is changed by the DOL, it is understood and agrt-d by the Agent that the B,%C way be required to adjust the rra.,�im, cw,p._nsation of this rgr,-�_rront by A.~endrent. Such Ara ndrrent., if required, Page 2 ��'dflt, _ ... __ _ iJ�._C... i7 L11( J"cdi _• �u:.a Cot_ ,1 (.); C.'.i.LL ;�l.r l J') 11 2 f.. k Oy ul-: F,j ,.t tc' t:l L�J !L cf l—. CG:1'1lL_LC�:la r�:r: j:.(i1� (Ut1L� 1 '.-- �.r Cc.n'-ract shall b- ccr�e eff, Ytiv /1u.c'n c xc cu}Yi rn �- - o` .�` - T,grD^1' ar.; t cc:y Ya ce as sC!rJn as practicable a __ "' ti :e thw Contract bec Ys effecti� arid. shall rev cc �lvt^d in - - _it oftl �' pur)ase of this Contract by January 31,. 1976. PA'FY II Article I - Basic Re 7 :Donsib ilities of Prom 1 Ttre Agent shall have the aa'-inistrative responsibility for develcfti'ing, ovarseeL . and monitoring a prcaram of transitional public emnlc.-.ent and. related training, wi th. respect to the func�s reads a.v,)-'.la':)le to it under CETA Title II. Article II -- Acceptable Public Erq?loy7en.t Positions A. Use of Funds Funds provided under Title II shall only be used to fund public service needs which have not been met, and to irmlement neT,a public services. B . Job Pnquiremen is To the extent feasible, the public services provided should be designed to serve the residents of the areas of substantial unemployr-ent . Progrm a-rphasis shall be on transitional employ-ment: jdos %,Lich are likely to lead to regular, unsubsidized employreant or oppor- tunities for continued training. To the extent feasible, jobs shall be provided in occupational fields w'_Zich are most likely to expand within the public or private sector as the rmer.plcyment rate recedes. No more than ona-third of the participants in any prcgraur: may be earployed in a bona fide professional capacity. The exception to this limitation is the hiring o- classroom teachers. Article III - Maintenance of Effort Employment funded under Title II of the Act shall only be in addition to exrployrent 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 elrployrrent opportunities over those which would otherwise be available. 2. Shall not result in the displacarrent of currently e ployed workers, including partial displacement such as a reduction in hours of non -overtime work, wages, or employment benefits. 3. Shall not impair existing contracts for service or result in the substitution of Federal funds for other funds in connection with work that would otherai_se be performed. 4. Shall not substitute public service jobs for existing federally assisted jobs. Article IV -- Partite ,t Selection and El-igibility A. Selection Fes--)onsibil i The Agent shall be responsible for the selection o.f participrints . To met this regiLirerrent, the. Agent mast provi(7e zifECMate dco"7'enta- t:i.on of each applicant's eligibility, and retain in the participant's folder t1h2 inforration o:i %•.'_-Ii.cii thiC docLrrentation nt eligibility is based. `i,le Agent shall also retain for a roasonahl_c_ pin.ricxl o:f_ time the appLic ations of p2r:non not select d for participation and the Page 3 rea,ons for their Ll i _,1-: 1ua fto C._):uI en tat? ri shall consist of a si(Tn:.d cirri= (i%?Lr: C' cx-c-plete a-)pl.icatic.i for camploy: ent, includirr; ei-�, la:t c.:'t.� of etTploy-"_,nt, aLtests that tie inforr^.:.t:i_en th �� ?tic•_ ti�_i contair:s L; true, to tide b• st of- tri eligihle -?plicemt's .cnoaledge. In additio-i a cmy of t-ize pa_rcicipnt's <.p,)oir.tr-ert dox:.urn.its reflecting rate of pay and position ti.tlr! rust bra kept as pEL7t. of :he participant's records. B. Special Ltnuta.tions on r articina_nt Selection 1. At the time of both application and seleution, participFwnts shall reside in an area of substantial uno^ployr-mnt within the jurisdiction of tr.Ya Brcf;;ard Man;:Y_-,Je.r_ Co. ncil or Agent. Such areas will be identifi-ed by the Broward ? aripa,jer Council as set fort; by the DOL. 2. The Agent Tray not: select, reject or pr(7rote a participant based on that individual's political affiliation or beliefs. 3. The Arent may not hire a person into a Title II func3.ed posi- tion if a member of his or her i=.ecliate family is emplo7,red in an administrative capacity for the Brcxlard Yanpcxver Council or Agent. 4. No discrimination shall be parnitted in this Progran with respect, to race, creed, color, national origin- sex, age, handicap, political affiliation, or beliefs. C. ELi.gibili.t for Participation A person residing in an area of substantial unerploy-ent who has been unemployed for at least 30 days prior to the date of appli- cation or who is undererrployed is eligible to participate in a program under Title II of the Act. Special consideration shall be given to tLne ployed persons vho are the most severly disadvantaged in terms of the lengL_ of time they have been ur_erployed and their prospects for finding eTrploy- rrent without assistance under Title II. D. Groups to be Provided Special Consideration 1.. Special consideration shall be given to veterans who served in the Arr ed Forces in Indochina or Korea, or the waters adjacent -thereto on or after August 5, 1964 and who received other than a dishonorable discharge. Whose 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 jcb vacancies under this Program, except those to which former erpl.oyees are being recalled must be listed with the State errplcyn-_-nt service 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 Mhi ch former ez;ployees Eire being recalled, shall be made available from tires to timke to veterans organizations for the purpose of n'aking those jobs known to the veterans descri ied. herein. 2. Special consideration shall be given to v,7--lfare recipients. 3. Special consideration shall be given to persons who have parti- cipated in manpaper training prograars and for whom work opportunities are not othenvise 3irmi diately available. Article V. - Placement Goals The Program shall, to tie extent feasible, be designed to enable all individuals to mova frcm the Program into unsL�Dsid.ized full --tire jobs in the private or public sector, and shall emphasize the Cev^lc nt of na v careers and career development anTnrtun ities . Tile ACJent shall be responsible for efforts to palde all partUcip nts in unsubsidised eirployaent in both the private and public sector, or in training progr=s. 0 Tho Agent must acccrplish can an annual basis at _toast one of the follc�i- ing Pie 4 or C "ILL; 7.:1 C". __'•. �..� _!1" 1C� art t ..._ s I_x'. i711-� 1C: '.i_ fO.' o LCc l c;: :! Ilt it k-ti c1 VI - C(1T ass=.._ iCn to _ Pc tic; A. N'inimum. Each parrich% it :shall rye paid at a rat" no less 1L-11lc-1 h} , 'il'.7heSt of tie follcv; ,inu : 1. The minimum :-,are v,hich ,-,'Ould he Lr dYr tzU Fair Labor St_'_nd.ari s T,Ct of 1938, if S<,cti.nn 6 (a) (1) of the Act to tr-� participant and if h2 -:ere not exempt under Sect -ion. 13 t-,wreo.`; 2. The preval_xling rate of pa-,, for e-rsons F lo_I d in similar public occupations by t .:e same ei -nl oyer_ . B. Limitations on Sala.Ty Compensation to any participant frc4n. Title II funds is lini ted to a r. ximum full tires rate of $10,000 -^er y�a�, pl.�s �:� cost of fringe benefits to the extent they do not exo~pd those paid to workers earring $10,000 a year. PART III =RAL 02MITICUS Article I - Personnel Costs To be eligible for disbursem4nt for personnel costs, the Pgant shall submit to the B"IC for approval in accordance DOL guidelines, the personnel policies of the Agent which shall include pay schedules, work hours, fringe beariefits, job descriptions, and upon hiring of personnel, the perscnnel record or eTMployee services cardwith the information recfaired by the RMC . Article II - Indenmificatio h The Agent understands and agrees that it is an independent contractor and agrees to indemnify and hold harmless the BMC frcn 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 Agant's operation of the Program. Article III -- Data Baccr.;es BMC Property All reports, plans, surveye-,- information, documents, raps, and other data produced, developed, prepared, assembled or crrrpleted by the Agent for the purpose of this Contract :3hall become the prc7perty of the BMC without restriction, reservation or limitation of their use and shall be made available by the Agent at any time 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 Br'IC has any personal financial interest, direct or indirect, in this Contract. The Acr2nt further covenants that in the performance of this Contract, no person having any conflicting interest shall be employed.. Any interest on the part of the Agent or its eirployees must be disclosed to the BT,C. Provided, hcT�-rever, that this paragraph shall ba- interpretod in such a manner so not to unreasonably irpec?P the statuto.7rr re(7uirerrnt that maximum opportunity be provided for eTi -pl T-ment of and participation by residents of the area. Article V -- Evaluation The P.gent agrees that t-le LN'.0 will cElr?y out periCxl.ic monr'cor:inq :)nd evaluation activities as ray be (12ET,ed rc!ces>ary by tiZe B-C and/or DOL, and th<-jt the continoati-on of tni:; Contract is (I,c';�n.t satisfa,c Cory evaluative concLisi ns . SiL,c n E'valt), tion` will b-n t7t'.�eCZ on tie terms of this Contract, cC�prisons of r)1.a,,nned-/-'r;'Lls ctual Page 5 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 treat- ment of persons who are or should be benefiting from the grant - aided activity. d. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. e. It will comply with the provisions of the Hatch Act which limit the political activity of employees. f. The program under the Act does not involve political activities. g. 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. h. 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. i. No person with responsibilities in the operation of any program under the Act will discriminate with respect to any program par- ticipant or any applicant for participation in such program be- cause of race, creed, color, national origin, sex, political affiliation or beliefs. (sec. 6030), 612) 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. (Sec. 603(3)) k. Appropriate standards for health and safety in work and training situations will be maintained. (Sec. 603(5)) 1. Conditions of employment or training will be appropriate and reason- able with regard to the type of work, the geographical region and the proficiency of the applicant. (Sec. 603(4)) M. Appropriate workman's compensation protection will be provided -to all participants. (sec. 603(6)) n. The program will not result in the displacement of employed workers or impair existing contracts for services or result in the substi- tution of Federal funds for other funds in connection with work that would otherwise be performed. (Sec. 603(7)) Page 2 C . ASSU %%\ICES i 1 Assurances and Certifications i A. G,�ncr:.l !-.ssurances 1. The applicant assures and certi."es 4:•at: a. It will co..;,ly with the recui*zaMe:.ts' of the Comprehensive Employment and Training Act of 1973 (:.I.. 93-203, 87 Stat. 839), hereafter re- ferred to as the Act, and with the regulations and policies Promul- gated thereunder; and b. It will cor„ply with 0:3 Circulars nu-mbered A-87, A-95, and A-102, as whose circulars relzte to the uLilization of funds, the operation of programs, and the maintena:.ce of records, books, accounts, and other docu.;,ents under the Comprehensive R;nployment and Training Act. 2. The applicant further assures and certifies that if the regulations pro- -Mulgated pursuant to the Act are a -_ended or revised, it shall co;rply with them or will notify the Assistant Regional Director for Manpower (A:%'D ) within 30 days after pro,-�ulgatio:' of the amendments or revision that it cannot so confor:,i, so taat the ARD:. may terminate the grant. 3. In addition to the requirements of 1. and 2. above, and consistent with the regulations issued pursuant to the Act, all applicants make the fol- lowinb 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 offi- cial act of the applicant's .gover:aino body, authorizing the filing of the application, including all understandings and assurances con- tained therein, and directing and authorizing the person ide7tified as the official representative of.the applicant to act in connection with the application and to provide such additional information as may be required; b. No person in the United States shall, on the ground of race, color, or national origin, be excluded iro.a participation in, be denied the benefits of, or be otherwise subjected to discrimination under any prograu or activity for which the applicant receives federal finan- cial assistance and will i=aediately take any measures necessary to electuate this agreement. -4 L —"V -iLul is , tion Artic!L- XIT ci, I- Cr Th'-- par' 4--s lhei.-eto arl -t'- %.7_h 4 -.1 -7� tain2e, in thz� list- of doci-2T-kLnts I C-L"l boLLn-d hEre,.-7itj-, or herehu inco:-oratc.,G by r2j'--,rencC an-1 1T%:zfe a .Z part hereto constitute and sll-izill be r'ef2-rre,:1 to as the Co---itract-- an,l that all of said dc-cL—oant- t-ZKen as a w' Aole consl-itut- E'Lo Contrect as if they T,,,ere sT�t fc-..j.-,-h verbatim anci at length horcin- A. Program and Bud yet S,2rniu-ry , Fo-nu iio- 6l (attacci:d hereto) . B. Assuran--s (attached hereto) . A-11 of said docur.ents are filed and will be rn-adntained on file cat the business offices of the B',/.C. One ac�Dy Of the C�nt-ract (:0cL-,7'en'Ls �-"ill Ir the D1,-,C. furnished to the Agent b,� IN V'TITWESS U7ERE0�' T'her foragoing p?--ies have executed a3 of the date written above. A=: (TTV OF TAMARAC BY: TITLE: BY: TI=._ DATE: AS TO AMV WITNESSW BY: THE BR06,ARD 1VA2,LD0-,KER COUNCIL, A GOVERiZMI UAL CONSURYLEU .1 OF THE CITIES OF FOP LAUDMaU.P AIM HOLLY6IWD, KND COUNTY B BY7.')r I, J.• L TITLE. Al 9 75' AS TO BROMARD rL vPOyv t 03UNCIL L.S. L. S. 15(UeEMED BY: L. S. , 7 Approved as to form and legal 16r'IyE E. E��Cer, Act �fg E�,ec7u-tive S Uf f teicz,-cy, D!Xlrector BY: 711�- DATE. e--q3r6�ard Manpower Council Attorne A BROWN. LN MRS OF ALLEN & BROWN DATE: 116 S. E. 6th COURT FT. LAUDE-RDALE, FLA. 33301 525.6681, I HEREBY CERTIFY that I have approved the form and correctness of this Document. Michael E. Zealy, ' Vity ttorney City of Tamarac, Florida I I Page 7 a prc7_'rL,z.s r 'i:~.].,n ' tC--rc*uct wc'.-.' CZu1inCr, }7_1 i_`•, F'71C� (J 1=.J'_:F. I 'ciF']Yn^ .,r Je to alicf i th % WIf or t1heir ' gn _ _-.s, a.c- s � tc,, i nd to fnai:r-� cqp .i-_'s and/or- transcriptions of su(1 records arvl LTI �U = t_LC•R [tea may be oeer.ed ne-cessary by the '.Tii . sh,'-,11 S�L)i 1t Ci! c1 m�Jnthl,1� basis, and at other t1T-'s upon the =,ruest of tho BY"C. or DOL, formz and reports approved by the Bi iC . Article VT - Project Publicitv Any publicity, via news release or other rrezms in the control of or begun at the instance of the Agent pertaining to the services here- under shall recognize that the procrr= J_s fundYd by the Unite('.states Department of Labor through the Braaard. P!anpCF.•,-er Col -moil as the con- tractor, and the Agent as the contracted. Article VII -- Arrena7ents The BMC may, at its discretion, azrend this contract to conform with cnan_;ds in FeC:aral, State and/or local guidelines, directives, and objectives. Such amendments shall be incorporated by �vritten c�end- ment as a part of this Contract upon approval by the WRC. Article VIII -- Subcontracts Nona of the work or services, including, but not limited. to consultant work or services, covered by this Contract shall be subcontracted with- out prior written approval of the BMC. Any work or services subcon- tracted hereunder shall be specified by written contract or written agreerent and shall be subject to each provision of this Contract. Proper documentation must be subritted to and approved by the BYC prior to the execution of any 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- timely 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 BMC shall thereupon have the right to terminate this Contract by giving written notice to the Agent of such termination. Such termination shall be effective immediately upon receipt of noti- fication. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, photographs, and reports prepared, by the Agent under this Contract shall, at the option of the r,"r beccure its property and the Agent shall be entitled to receive just and equitable ccapP.nsation for any work satisfactorily completed hereunder.. Further, the Agent shall be Liable to the BMC for any unauthorized costs incurred in the operation of the prcgrair or not in accordance with the stipulations of this Contract. Notwithstanding the above, the Agent shall not be relieved of liabi- lity -to the BMC for damages sustained by the BYC•by virtue of any breach of the Contract by the Agency, and the BMC may withhold any payments to the Agent for the purpose of set-off until such time as the exact amount of damages due the 13n4C from the Agent is determined. Article X - Notice All notices rcq fired to be given under this Contract small be suffi- cient vinen delivered to the D'M'C at its office at 305 South Andra,7s Avenue, Suite 606, Fort Lauderdale, Florida, 33312 and to the Agent when delivered to its office at 5200 Rock Island Road, Tamarac, Florida 33319 Particle X..L -- Affirmative Action Plan 1'il� 1P4,_ut is roc; ,; red to nave i7rplerented an Affirmative Mc: ion Plan prior to the eX.'cuti.on of this Contract. o. Training will not be for any occupations which require less than two weeks of pre -employment training, unless irnediate enploymient oppor- tunities are available in that occupation. (Sec. 603(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. (Sec. 603(9), L q. Institutional skill training and training on the job shall only be for occupations in which the Secretary or the prime sponsor has de- termined there is reasonable expectation for employment. (Sec. 603 (10)) r. CSTA funds will, to ththexlevelpofcfurci3blthatewouLd otherwisembet, rather than supplant, available for the planning and administration of programs under the prime sponsor's grant. (Sec. 603('11)) 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 ds the program de ets the low income epers nscial eforomeaningfultemplchronically oymentopportuni- employed, an ties. (Sec. 603(12), 311(c)) t. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual partici- pants. (Sec. 603(13)) u. The program has adequate administrative and accounting controls, per- sonnel 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. (Sec. 603 (14)) v. The program makes appropriate provision for the manpower needs of youth in the area served. (Sec. 603(15)) W. It will comply with the labor standards requirements set out in sec- tion 606 of the Act. X. It will comply with all requirements imposed by the Department of Labor concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with office of Management and Budget Circular No. A-102. Page 1 4. The Applicant further assures and -certifies that neither it nor any other units planned for participation in the project are listed on a debarred list due to violations of Titles VI or VIZ of the Civil Rights Act of 1964, nor are any proposed parties to the contract aware of any pending action which might result in such debarment. B. Assurances for Title I Pro rams In carrying out programs under Title I of the Act, the applicant assures and certifies that: 1. Services and activities provided under this title will be administered by or under the supervision of the applicant. (Sec. 105(a)(1)(B)) 2. 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. (Sec. 105(a)(1)(D)) 3. Programs of institutional skill training will be designed for occupa- tions in which skill shortages exist. (Sec. 105(a)(6)) 4. The plan meets all the requirements of section 105(a) and that the ap- plicant will comply with all provisions of the Act. (Sec. 105(b)) 5. It will make such arrangements as are prescribed by regulation to assist the Secretary in carrying out his responsibilities under sections 105 and 108 of the Act. (Sec. 105(a)(7)) C. specific -Assurances Relating to Public Service Employment Programs For Public Service Employment programs, an applicant will: 1. assure that the activities and services for which assistance is sought under Title II of the Act will be administered by or under the supervi- sion of the applicant, identifying any agency or institution designated to carry out such activities or services under such supervision; 2. assure that only persons residing within the areas of substantial unem- ployment qualifying for assistance will be hired to fill jobs created under Title II of 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; 3. assure that 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 Page 4 in the public or private sector of the economy, (2) provide participants with skills for which there is an anticipated high demand, or (3) Pro- vide participants with self --development skills; provided however that per — nothing contained in this paragraph shallalscaretruednotfeasiprecblelorEappro- to sons or programs for whom the foregoing go priake; 4. Assure (1) that special consideration in filling ahonsyrvedainPtheiAzmed service jobs will be given to unemployed persons Forces in Indochina or Korea on or after August 5, 1964, ave in accordanceiveder with criteria established by the secretary than dishonorable discharges), and a descriptinof he specific special stepid- to be undertaken during such fiscal year to Provide cons eration, and of the types of jobs to be made available to such.veterato, with special emphasis on the development of jobs which will utilize, the maximum extent feasible, trainins andch such service,eandans (2)athatridt x`1 connection with their military g shall (i) make special efforts 5available e to 4uabXsuchveterans nhe under theAct, gram and the public service Jobs . and (ii) coordinate efforts �1 Qfht�tlEf3S�cUnitedr5tateswith Codethose (relating ities authorized by chapter or carried out to Job Counseling and Employment Services for Veterans), by other public or private organizations or agencies; 5. assure that, to the extent feasible, public service jobs shall be pro vided in occupational fields whichar Trost likely rtoeexpand within the public or private sector as the unemp Yr fillingent rate in transitional public service 6. assure that special o unemployed persons who are the most severely dis- jobs will be given to unemp Y p have to ed and advantaged in terms of the lenglo ventiwithout assistanCeuund r this their prospects for finding eMP Yr'' title, but such special consideratioonslallofftfremhthezsame eorriany gseb- any person when any other person is Y . stantially equivalent job; der Title 11 he ct ed 7. assure that no funds received unening createdobytA the action o eansto em- hire any person to fill a job op g to ployer in laying off or terminating the enp yment of any other regular employee not supported under Title hiring an employeeatoibepsupported filling the vacancy so created by g under Title II; 8. assure that due consideration be given to Persons who have participated rams for whom employment opportunities would in manpower training prorams not be otherwise immediately available; 9. assure that periodic review procedures established pursuant to section 207(a) of the Act will be compliedwith; Page A 10. assure that agencies and institutions to whom financial assistance is made available under this title have undertaken or will undertake, analyses of job descriptions and reevaluations and, where shown neces- sary, revisions of qualification requirements at all levels of employ- ment, 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 Title IZ to assist; 11. assure that, where appropriate, it will maintain or provide linkages with upgrading and other manpower programs for the purpose of (1) pro- viding those persons employed in public service jobs under Title II of the Act who want to pursue work with the employer, in the same or simi- lar work, with opportunities to do so and to find permanent, upwardly mobile careers in that field, and (2) providing those persons so em- ployed who do not wish to pursue permanent careers in such field, and (3) providing those persons so employed who do not wish to pursue perm- anent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields; 12. assure that all persons employed under any such program, other than necessary technical, supervisory, and administrative personnel, will be selected from among unemployed and underemployed persons; 13. assure that the program will, to the maximum extent feasible, contribute to the elimination of artificial barriers to employment and occupational advancement, including civil service requirements which restrict employ- ment opportunities for the disadvantaged; 14. assure that 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), ex- cept that this paragraph shall not be applicable in the case of partici- pants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances; 15. provide a description of the manpower needs of local governments and of local educational agencies within the area to be served together with the comments of such governments and agencies where appropriate, and as- sure that jobs will be allocated equitably to such governments and agencies taking into account the number of unemployed within their juris- dictions and the needs of the agencies; lb. assure that the jobs in each job category in no way infringe upon the promotional opportunities which would other -rise be available to persons currently employed in public service jobs not subsidized under this title, 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; Page 6 �i 17. assure ti,at jobs funded under Title II of the Act are in addition to those dial would ho funded by the sponsor in the absence of assistance under this Act; and 18. co:n;>ly with such other assurances, arrangemicats, and conditions, con- sistent- the provisions of Title II of the Act_ as the Secretary deeiiis necessary, in accordance with such regulations as he shall pre- scribe; 19. assure that any Title I or II a activities supporter: by Title II funds shall co,r,,)ly with the rules and regulatio.as promulgated pursuant to Title I acid Ill a of the. Act except t;-iat all participants selected must meet the eligibility and residency requirements as specified in the Title 1-I regulations. D. Specia.l. Certification for. State Applicants In the case of State applicants seeking assistance under the Act, the appli- cant furtherassures and ccrtifies that it will comply with the requiremnents and provisions of section 100' and section 107 of the Act. T'ne applicant also certifies that the information in this application is correct to the best of its knowledge and belief and the filing, of this application has been fully authorized. Ll P7 APPLICA TIC T FOR EU4DING CETA TITLE VI -- F FBI 'VCY 70a; PROGRAM Bros>ard I�7angmA--r Comci1 Form No. 61 LEGAL NAIvZ & ADDRESS OF APPLICANT (Submi_u .xiginal. & Three Co')ies) 1 DATE PREPARED 5/12/75 CITY OF TAMARAC, 5200 ROCK ISLAND ROAD, TAMARAC, FL 33319 & TITLE OF PERSON TO SIGN CCNYRACT EDUARD A. GROSS, CITY ?ONAGER (4)1\AA1E, TITLE, & PHONE NO. OF PERSON TO CONTACT ABaIT THIS APPLICATION EDWARD A. GROSS, CITY MANAGER 731-5900 ( ) MA7OR GEOGRAPHICAL AREA FRUj TnrtIji7d THE P111;TICIPANTS WIIL BF HIRED DOL DESIGNATED AREAS -- CETA II GUIDELINES (6)'TOTAL NO. OF PARTICIPANTS (7) TOTAL P.N IZIT OF FUT1?DS FFQUESTED TO BE HIRED 17 S 90,067.04 (8)BRZE'F' DESCRIPTION OF TIE PROGRAV(S) FOR PARTTCIPPI17TS Extension of CETA II Contract LIST AT LEAST nj=E PRIi iARY PURPOSES OF THE PROGRAM(S) TO BF FUNDED 1. Maintain public safety program with additional manpower. 2. Expansion of public works services for waterway and road service maintenance. 3. Additional manpower for upgrading City services. AiTACi 'T (A) -- OCCUPATIONAL SUMMARY AWACHP= (B) ARTICLES OF L►NCORPOPATION (IF A PRTWPTF NON --PROFIT 0R('ANTZA`_I'IQq) _FOR BROVVAIRD P'pNPOVER CnU ICIL USE ONLY (10) APPLICATIOz'q RECEIVED BY (11) UNTF RECEIVED (12) TIVE RECEIVED (13) ORDER OF RECEIPT CODE (14) PLANNING ADVISORY POATZ7 SIGNATURE APPROVIAL (15) D79E APPpC7VF D (16) SRCWARD MANPOWER COUNCIL SIGNATURE APPROJJAL (17 D2V1TX AF.PR )Vr'D I L,44jp-o Th�S APPLICATT.CIV UPON APPROVP.L 117ILL E.FCO'IF PP= OF n1E C I ACT P MuxARD MAN'PC7%TR COUNCIL AND 7?PPLICANT ■ • /�'Lri'r�CT�IT (A) - OCC(JPPTIO`VHL S' ?Pr (PA(--- 1 Crr 2) ILTIC\1 T.ITIL' y Y D '��`- e- iiT OR AREA Ac:.gICT4\ D TO NO. OF POSITIC-N3 z'O`i'IT LY 1,,w F' TmAL V-77 FOzt 7 p`�c IO Laintenance Men Public Works 11 708 54,516.00 Clerk -Steno 11 City Manager 1 663 4,641.00 2eco ds and File_rk City Clerk_ 1 581 4,067.00 School Crossing Guard Police 2 297 4,158.00 Accountant Finance 1 833 5,831.00 Clerk -Steno Public Works 1 633 4,431.00 -II . . . . . ............ 16.0 11 17 T , J, T., `.-,5 77,644.00 x 77,644.00 - 512,423.04 ('.rC��•:r� j :� r ;) (r: �,:Ci`:� �F Pj—CY717 COST ATTACI-TI `:311T (A) -- OCCUFa'T m,,-AT_, FITI`V.T\nY (137V7 2 OF 2) FI'EMIZE AI1M&MBIr "'FAl MIC, COSTS & TC PM, Itemize Allowable A&ninistrative Casts up to 200 of funds regLYested. (This applies only to applicants designated as Special Projects - See Questions & Answers attachment for definition) 1. TC fPAL IVMGES . . . . . . . . . . . . . . . . . . . $ 77,644.00 2. TCITAL FRINGE BENEFITS COSTS . . . . . . . . . . . . .. 12,423,04 3. TOTAL TRAINING COSTS . . . . . . . . . . . . . . . 4. TOTAL AtiI�MdISTRATIVE COTS . . . . . . . . . . . . TCrTAL AMOUNT OF FUNDS REQUESTED . . . . . . . . . . $ 90,067.04 fs