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HomeMy WebLinkAboutCity of Tamarac Resolution R-77-173Introduced by: V/M Massaro by Motion I Temp. No. 865 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R- 7 2 -17 3 A RESOLUTION OF THE CITY COUNCIL, CITY OF TAMARAC, FLORI DA , HEREINAFTER DESIGNATED AS THE AGENT , AUTHORIZING AGENT TO ENTER INTO A CERTAIN CON- TINUING EMPLOYMENT AND TRAINING CONTRACT AND FURTHER AUTHORIZING A CERTAIN ADMINISTRATIVE OFFICER OF THE AGENT TO EXECUTE A CONTINUING AGREEMENT BETWEEN A GOVERNMENTAL CONSORTIUM CREATED TO CONDUCT EMPLOY- MENT 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 Council of the City of Tamarac deems it in the public interest to execute a continuing Agreement between the Broward Employment and Training Administration and the Agent in accordance with the terms and con- ditions cont ainQ in said Agreement No. 78-1-0700, a copy of which is attached hereto and made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC: SECTION 1: That the pertinent officials, being the Mayor and City Manager, are hereby authorized to execute Agreement NO. 78-1-0700 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 modifications to said Agreement, without further authori- zation, except that the Agent shall have approved Grant Application Request Funds prior to submission, and such acts as the said ad- ministrative officer shall undertake pursuant to this Resolution shall become the acts of the Agent. We understand that this pro- gram 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 fora large sector 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 pur- suant to the contract between the Broward Employment and Training Administration and the Agent, part hereof. which is attached hereto and made a No Text PASSED, APPROVED, AND ADOPTED THIS day of4Z44-0, 1977. ATTEST: I HEREBY CERTIFY that I have approved the form and correct- ness of this RESOLUTION. CITY ATTORNE - 2 - - MAY RECORD OF COUNCIL VOTE MAYOR W. FALC VIM H. MA�SARI CIM M. WEINBCf CIM M. KLM L� s AGREEMENT NO, 78-1-0700 AGREEMENT BETWEEN THE BROXIARD EMPLOYMENT AND TRAINING ADMINISTRATION A GOVERNMENTAL CONSORTIUM CREATED TO CONDUCT TRAINING AND EMPLOYMENT PROGRAMS IN BRO14ARD COUNTY, FLORIDA .-AND THE CITY OF TAMARAC cS R ^\q fit. 7-1 4+ I TABLE OF CONTENTS _ ARTICLE, PAGE ' Preface 1 I CONTRACT PURPOSE AND DEFINITIONS 2 100. Purpose 2 101. Definitions 2 11 F I S CAL MANAGEMENT 6 200. Compensation 6 201. Fiscal Controls 6 202. Method of Payment 7 203. The Budget Summary 8 204. Administrative Costs 8 III GENERAL CONDITIONS 10 300*. Grant Applications 10 • 301. Conflict of Interest 10 302. Political Activity 10 303. Religious Activity 11 304. Equal Employment Opportunity/Affirmative Action 11 305. Publication and Publicity 11 306. Subcontracts 11 307. Amendment Procedures 12 308. Notice 13 309. Assurances and Certifications 13 310. Integration 13 311. Vested Powers 14 312. Operations Summary 14 313. Modification and Termination 14 314. Maintenance of Effort 16 315. Nepotism 17 316. Insurance and Bonding 18 IV PROGRAM IMPLEMENTATION 20 4000 Responsibilities of the Agent 20 401. Responsibilities of BETA 21 V PROGRA" i OPERATION 22 500. Modifications 22 501. Modification Authorization 22 VI PROGRAM OPERATIONS FOR PROGRAMS FUNDED THROUGH 23 TITLE I OF CETA 600. General obligations 23 6019 Classroom Training/Title I Programs 24 602. Work Experience/Title I Programs 25 603. On The. Job Training/Title I Programs 26 604. Child Care ' De 1 ivery System/Title I Programs 28 605. Title I PSE Programs 30 M JAMES A. BROML I.J ARTICLE PAGE VII PROGRAM OPERATIONS FOR PROGRAMS FUNDED THROUGH 33 TITLE II OF CETA • 700. General Obligations 33 701. Agent's Responsibilities 34 702. BETA's Responsibilities 34 703. Groups to be Given Special Consideration 34 VIII PROGRAM OPERATIONS FOR PROGRAMS FUNDED THROUGH 36 TITLE VI OF CETA 800. General Obligations 36 801. Eligibility 36 802. Exceptions 38 803. Selection Procedure 39 804. Participant Compensation 39-;' EXECUTION PAGE U .. I AGREEMENT NO. .78-I--0700 ' S THIS AGREEMENT, entered into this day of r , 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 a non-profit corporation, having its principal office at 650 North Andrews Avenue, Fort Lauderdale, Florida 33311, AND CITY OF TAMARAC existing under and by virtue of the laws of the State of Florida as a MUNICIPAL CORPORATION having its principal office ire �• at 5811 N.W. 88th AVENUE; TAMARAC, FLORIDA 33321 to begin by the 1st day of. OCTOBER , 197 7, and to end the 30th day of SEPTEMBER , 197 80 WITNESSETH THAT: WHEREAS, the Broward Employment and Training Administration has entered into an agreement with the United States Department of Labor for a grant for the execution and implementation of a Comprehensive Manpower Program; AND WHEREAS, the elected officials comprising the Broward Employment and Training Administration and the officials of the United States Depart- ment of Labor are desirous of providing job training and employment op- portunities which will lead to maximum employment opportunities and enhance self-sufficiency; AND WHEREAS, the Broward Employment and Training Administration desires to engage the CITY OF TAMARAC to serve the Broward Employment and Training Administration as a sub -grantee by carrying out the Page 1 of 39 r I below described activity relating to a reduction in unemployment, within i the structure of the Comprehensive Employment and Training Act; NOW THEREFORE, 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: CONTRACT PURPOSE AND DEFINITIONS . . 100. Purpos e It is the purpose of this contract to state the covenants and condi- tions 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 CETA, as amended, and under the contracting powers of the Broward Employment and Training Administration. 101. Definitions 101.1 "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 opportunity for all. 101.2 "Agent" shall mean CITY OF TAMARAC 101.3 "BETA" shall mean the Broward Employment and Training Administration. 101.4 "CETA" shall mean the Comprehensive Employment and Training Act of 1973, as currently amended. 101.5 "Certification" shall mean the process whereby an applicant for a Public Service Employment position under Title V1 -is deemed eligible by the Florida State Employment Service and under Title II of CETA is deemed eligible by BETA. Proof of eligibility shall consist of a Certification Slip to be Page 2 of 39 JAMES S A. BROWN No Text Form I -125 3/66 ft A I- .16 provided to Participant by the Certifying Agency. 101.6 "Capital Equipment or Nonexpendable Personal Property" p. shall mean tangible personal property which has a useful life of more than one (1) year and an acquisition cost of three hundred dollars ($300.00) or more per unit. 101.7 "Classroom Training" shall mean any training conducted in an institutional setting designed to provide individuals with the technical skills and information required to perform a speci-- c job or group of jobs including the upgrading of basic skills. fi j g P � - 101.8 "DOL" shall mean the United States Department of Labor and includes udes each of its.operating agencies and other organizational units. 101.9 "Eligible Costs" shall mean those costs which are necessary, reasonable and allowable for the proper administration and performance of the services to be provided under this Agree - men t . y 101.10 "Economical) Disadvantaged" shall mean an individual who is a member of a f amily which receives cash welf are payments , or has a family income which in relation to family size does not exceed the most recently established poverty levels as determined by the DOL. • 1.11 "Exhaustee" shall mean an individual who has made a claim 10 for unemployment compensation and who has exhausted all the benefits to which the individual was entitled.; and who is seek- ing a PSE position under Title II or VI of CETA. 101.. p Equipment" 12 "Expendable E ui ment" shall mean all tangible personal property other than non -expendable property as described in P Y 101.6 above. Page 3 of 39 M �. No Text 101.13 "Family Income" shall mean the annualized sum of all money 1 • received from all sources during the three (3) months pre- ceding application into a CETA program; excluding non cash income, cash welfare payments, CETA stipends and one-time unearned income, such as inheritances and insurance proceeds. 101.14 "FY" shall mean the f iscal year of BETA, which is October 1 through September 30 each year. 101.15 "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. 1011.16 "Member of Immediate Family" shall mean, wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. 101.17 "Modification" shall mean that part of this Agreement executed simultaneously with or subsequent hereto which specifically describes Agent's program and makes reference to those sections of this Agreement applicable to the operation of Agent's program. .101.18 "OJT" shall mean on the Job Training conducted in a work environment. 101.19 "Participant" shall mean a person who meets the CETA require- ments of eligibility and the provisions as , set" forth ` therein and has been "intaken" into a BETA program. 101.20 "Program" shall mean the activities and services to be pro- vided by the Agent under and pursuant to this Agreement. 101.21. "Project" shall mean an activity resulting in a specific i�, A. BROWN Page 4 of 39 1� - Ob product or accomplishment which would not otherwise have been done with existing funds and which will be completed within one (l) year, 101.22 "Public Service Employment" (PSE) shall mean subsidized employment with public and private non-profit employers who provide public services as defined in 292 CFR 94.4 (tt)O 101.23 "Slot" shall mean an open ended employment position which one (1) or several participants may occupy at different times within the same contract period. M. 101.24 "Special Veteran" shall mean an individual who served in the armed f orces in Indochina or Korea, including the water ad- jacent thereto, between August 5,*1964 and May 7, 1975, who received a discharge other than dishonorable. 101.25 "Training Plan" shall be that document which states in detail the skills participant shall attempt to accomplish during the course of his/her training period* 101.26 "Unemployed Person" shall mean a person who is without a job and wants and is available for work according to applicable 101.27 101.28 CETA rules and regulations. "Underemployed" shall mean a person who is working part-time but has been. seeking full-time work or who is working full- time but in both cases whose total income during the twelve (12) months prior to application relative to family size is below the DOL poverty level. "Work Experience" shall mean a short term and/or part-time work assignment with a public or private non-profit employer. Page 5 of 39 0 No Text 10 ARTICLE II: FISCAL MANAGEMENT A 200.' Compensation 2010 *. 200.1 The total budget for each program to be operated under this agree- went shall be stated in the Modification(s) attached hereto.or executed subsequent to the execution of this agreement. 200.2 The budget for each Modification shall be limited to: (a) The operation of the program described therein. (b) The Modification operation period. 200.3 Funds will be made available to the Agents 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 categories set forth in the Budget Summary attached to each Modification. Fiscal Controls 201.1 Upon demand and within thirty (30) days prior to funding, Agent shall allow BETA to evaluate Agent's fiscal and personnel sys- tems in order to be assured of Agent's capability to manage the project funded by this Agreement. 201.2 At any time during normal business hours and as frequently as BETA or DOL deem necessary, there shall be made available to BETA or DOL, for examination and audit, all contracts, invoices, payroll records, personnel files and other data relating to all matters covered by this Agreement. 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 Ir approved budget. To the extent that either the Agent is not able. to perform effectively, or Agent's total program costs will not Page 6 of 39�� 200.' Compensation 2010 *. 200.1 The total budget for each program to be operated under this agree- went shall be stated in the Modification(s) attached hereto.or executed subsequent to the execution of this agreement. 200.2 The budget for each Modification shall be limited to: (a) The operation of the program described therein. (b) The Modification operation period. 200.3 Funds will be made available to the Agents 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 categories set forth in the Budget Summary attached to each Modification. Fiscal Controls 201.1 Upon demand and within thirty (30) days prior to funding, Agent shall allow BETA to evaluate Agent's fiscal and personnel sys- tems in order to be assured of Agent's capability to manage the project funded by this Agreement. 201.2 At any time during normal business hours and as frequently as BETA or DOL deem necessary, there shall be made available to BETA or DOL, for examination and audit, all contracts, invoices, payroll records, personnel files and other data relating to all matters covered by this Agreement. 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 Ir approved budget. To the extent that either the Agent is not able. to perform effectively, or Agent's total program costs will not Page 6 of 39�� I be expended in accordance with the Budget Summary, BETA may 202. deobligate or redistribute the funds under this Agreement or any Modification thereto to alternate agents within Broward County, Florida. 201.4Capital equipment secured in the operation of this Agreement and with CETA funds shall become the property of BETA upon termination of this Agreement. 201.5 Agent agrees to comply with . the bidding system as established by BETA in acquiring or leasing capital and expendable equipment. 201.6 Agent agrees -to inventory all capital equipment acquired under this Agreement with tags supplied by BETA upon receipt of Agent's invoice and reimbursement forms. Method of Payment 202.1 Agent shall submit a monthly financial status report (FSR) to BETA within ten (10) days following the end of each month for which reimbursement of expended costs are demanded. In addition, proper supporting documents in conformance with the requirements of CETA shall be submitted as necessary. 202.2 Payments shall be made to Agent after acceptance of the FSR. 202.3 Agents failing to comply with 202.1 and 202.2 above shall forfeit their right to receive payments for each day that these forms are delinquent. Forfeited payments shall be de- termined by deducting a pro-rata amount based on Agent's monthly FSR for each day that the forms are late. Reimburse - anent requests submitted after the close of the grant period shall be honored at the discretion of BETA. 'J�,c4�i"� A. BROWN ' Page 7 of 39 I 0 le 202.4 In no case shall salaries and concomitant fringe benefits be paid in advance of work performed. 202.5 The Agent shall be liable to BETA for any unauthorized costs incurred in the operation of the Program not in accordance with the stipulations in this Agreement and for CETA as it applies to Agent's program and the Title under which it is funded and the rules and regu-lations pertaining thereto. 202.6 In the case of a request for reimbursement of expended costs incurred in the acquisition or leasing of capital and expend- able equipment as approved by BETA' and -delineated in Agent's budget . summary, Agent shall be required to submit the invoices to substantiate its request prior to reimbursement by BETA. 203. The Budget Summary 203.1 203.2. The Budget and Summary attached to each Modification is in- corporated and made part of this Agreement. For PSE Modifications there shall be an Occupational portion which shall reflect the projected monthly salary and fringe benefits breakdown 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 If Agent is awarded administrative costs under this Agreement or any amendment hereto, Agent agrees to: is JAN1, E-S A. BROWN No Text 204.1 Seek the permission of the DOL through written application to BETA prior to purchasing any materials or equipment totaling more than $1,000.00, 204.2 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 applicable and participant wages and concomitant fringe benefits* Page 9 of 39 JAMES A. BROWN No Text ARTICLE III: GENERAL CONDITIONS 300. Grant A lications . 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 CETA. 300.2 Agent understands and agrees to accept any monies awarded to it predicated upon its response to the RFP and following the ap- proval of the application by the BETA council. 300.3 In the event that a grant application has been approved by the BETA Council, however, approval has been provisioned upon a change in the grant application as submitted by Agent, Agent shall retain the right to withdraw its grant application or to accept the application as approved in the form of a Modification. 301. Conflict of Interest The Agent covenants that no person who presently exercises any functions or responsibilities in connection with BETA has any personal or financial interest, direct or indirect, in this Agreement, and that no person hav- ing 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 construed so as to unreasonably impede the statutory requirements that maximum opportunity be provided for employment of and participation by residents of the area. 302. Political Activity 302.1 None of the funds, or services granted by the DOL or contributed by BETA or the Agent under this Agreement shall be used in the performance therein for any partisan political activity, or to further the election or the defeat of any candidate for public office, within the constraints of the Iiatch Act (S USC 1501) or Page 10 of 39 JAMES A. BRO"Wil No Text the Federal Campaign Acts Amendment of 1974 (PL 93-433) .. 302.2 Moreover, the Agent• shall not select, reject, or promote a participant based on that individual's political affiliation or beliefs. 303. Religious Activity) There shall be no religious worship, instruction, or proselytizing as a part of or in connection with the performance of this Agreement. . 304. E9 ual Employment Opportunity/Affirmative Action 304.1 The Agent agrees with the philosophy of Equal Employment Opportunity as expounded in the Civil Rights Act of 1964, as amended and all other applicable Federal, State and local legislation and promulgation. (a) It is understood and agreed that Agent shall develop an Affirmative Action Plan and submit it to BETA sim- ultaneous with its grant application or within ninety (90) days of execution of this Agreemnet. (b) In the event a plan has not been submitted, Agent agrees to abide by the principles set forth in the Model Plan appended hereto as Exhibit B until such time as a plan is submitted. 305. 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 here- under, shall clearly indicate that the Program is funded by the DOL through BETA as the contractor and the Agent as the contractoe. 306. Subcontracts 306.1 Any and all subcontracts and other legally binding Agreements necessary and pursuant to the implementation of the terms and Page 11 of 39 JAMES A. BROWN. I conditions under this Agreement, including consultant contracts entered into between the Agent and other organizations and • groups, are subject to prior written approval by BETA. 307 . 306.2 306.3 Any work or services subcontracted hereunder shall be executed in writing and shall be subject to each provision of this Agreement. All subcontracts shall be subject to Federal, State and local laws and regulations. Amendment Procedures 307.1 Where Agent or BETA desire to alter the total budget amount or extend or modify the terms or obligations of the Agent or BETA under this Agreement or a Modification thereto including change in the number of participants or job slot positions, the change shall be made pursuant to the Modification process described herein. 307.2 Any alteration of a Modification which results in a program- matic change including but not limited to changes in job slot designations or budget shifts which do not alter the amount of the budget, shall be made by letter, initiated by the party de -- siring such change and signed by those persons for each party having authority to bind their organization. Such letter shall become effective upon the date of the signing by the party accepting the modification, ' 307.3 BETA may unilaterally amend this Agreement to conform to changes in Federal, State or local laws, rules and regulations. Such changes shall become effective upon receipt by the Agent of a Field Instruction or letter informing the Agent of such unilateral changes signed by an appropriate BETA representative. Page 12 of. 39 :JADES A. BROWN. I 9 307.4 BETA may be required to adjust the maximum amount of compen- • sation under this Agreement by Modification if BETA's funding is altered by the DOL. This adjustment will be based upon the • availability of funds for the total CETA grant, and will be subject to the rate and total of eligible expenditures and en- 308. Notice 308.1 cumbrances of the Agent as approved by BETA and compliance by the Agent to the terms and conditions of this Agreement. All notices required to be given to BETA under this Agreement shall be suf f icient when hand delivered or mailed to BETA at its office at 650 North Andrews Avenue, Fort Lauderdale, Florida 33311. . 308.2 All notices required to be given to the Agent under this Agreement shall be sufficient when hand delivered or mailed to the Agent at its -office located at 5811 N.W. 88th AVENUE TAMARAC FLORIDA 33321 309. Assurances and Certifications Agent understands that BETA is bound and must comply with the Assurances and Certifications appended hereto as Exhibit A . Further, Agent Agrees to comply with the Assurances and Certifications as applicable to any CETA program Agent operates with BETA funds. 310. Integration 301.1 The parties hereto agree and understand that the words and figures contained in the following lists of documents, which are attached hereto or incorporated by reference, are as fully a part of this Agreement as if such documents were set forth verbatim and at length herein. . (a). The Modification(s) wherein the program operation Page 13 of 39 DAMES A. BROW11 --- No Text 01 , 1 C 311. 312. 310.2 • and the applicable CETA Title enabling the funding of such program is set forth. (b) The updated grant application reflecting the actual program as approved by the BETA Council and attached to each Modification. (c) The updated Budget and Occupational Summary (when applicable) (d) Affirmative Action Plan '(attached hereto) (e) The Assurances and Certifications (attached hereto) (f) Any and all subsequent documents, including, but not limited to Modifications, letter amendments which have been approved by BETA staff as per Council policy and BETA Field Instructions. 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 BETA. Vested Powers All powers not explicitly vested in the Agent by this Agreement remain with BETA. Operations Sumnar� Within thirty (30) days following the termination date of any Modification, Agent shall submit a report containing a summary of the project operations, achievements and goals attempted and/or accomplished. Modification and Termination 313.1 If, for any cause, the Agent shall fail to fulfill in a timely and proper manner their obligations under this Agreement, the BETA Council may: (a) Authorize the Executive Director to hold an informal hearing with the Agent at the earliest possible time, and (b) The Executive Director shall determine within thirty (30) is ,..... Is It. - r 13 n JAMES A. BROWIII No Text f f days with the Agent, an appropriate corrective plan, if applicable , and a written timetable for such action, to be amended to this Agreement; or if grievances cannot be resolved, BETA or the Agent may: (i) Terminate this Agreement by giving thirty (30) days written notice to the other of such termination and specify the effective dates thereof. In such event, all finished or unfinished documents, data, studies, 1. surveys, drawings, maps, photographs and reports prepared under this Agreement shall, at BETA's option, become the property of BETA. The Agent shall be entitled to receive just and equitable compensation for any work or expenses necessarily incurred in satisfactory performance of the Program activities* (ii) Further, the Agent shall be liable to BETA for damages sustained by BETA by virtue of any breach of this Agreement by the Agent. BETA may withhold any payments due the Agent for the purpose of set- off until such time as the exact amount of damages due BETA is determined. 313.2 If the Agent -or BETA does not agree with the determination to terminate made by the other, the aggrieved party may appeal through proper administrative channels and then to the DOL. Where CETA rules and regulations so permit, the aggrieved party may appeal to a court of competent jurisdiction for relief. The filing of the initial formal complaint shall not automat- ically act as a stay of the decision rendered by BETA. 313.3 Notwithstanding the above, cancellation of this contract shall Page 15 of. 39 :lA1V?ES A. BROWN, 1 Is f be instantaneous if at any time the DOL cancels, fails to fund, or otherwise terminates or negates the Grant through which this Agreement is funded. In such instances, cost will be reimbursed up to the date of cancellation only; thereafter neither BETA nor the Agent shall have any obligations what- soever to complete or•otherwise continue the Program. 314. Maintenance of Ef fort 314.1 Employment funded under this Agreement or any Modification thereto 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 Program: (a) Shall result in an increase in employment opportunities over those which would not otherwise be available; (b) Shall not result in the displacement of currently employed workers, including partial displacement, e.g., reduction in hours of non -overtime work, wages, employment benefits, 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 funds made available by this Agreement to subsidize work that would otherwise be performed by the Agent or its representatives, or to fill positions or provide services normally provided by temporary, part-time, or seasonal workers, or to fill full-time vacancies, except as provided for herein. (d) Should Agent seek to employ a participant in a position described in 314.2 (b) or (c) above, Agent shall be required to submit documentation to BETA stating why the use of CETA . JAM ES A. BROWN. Page 16 of 39 0 No Text 315. 1 funds in this manner would not constitute a violation under . this section. Such documentation shall be kept on file with the Agent for a period of at least one (1) year following expiration of this Agreement, (e) when Agent anticipates a situation, such.as that described in 314.2 (b), (c) and (d) above, Agent shall immediately notify BETA and await instruction prior to expending any funds as contracted for in connection with the operation of its program. • 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 in Agent's budget which consequently reduces the size of its non- CETA work force. If the Agent obtains advanced written per- mission from BETA, the Agent may enroll such laid -off employees provided that such laid -off employees meet the eligibility re- quirements of BETA AND PROVIDED FURTHER THAT the number of Agent's employees re -hired under CETA does not exceed the per- ,missible limit set by 29 CFR 96.24. Nepotism 315.1 The Agent may not hire a person for a position funded under this Agreement if a member of his or her immediate family is* employed in an admimistrative capacity for the Agent, BETA , or another BETA Agent. 315.2 Where the Agent's nepotism guidelines or State or local guidelines are more stringent than the above requirements, those guidelines shall be followed instead, 315.3 Immediate family member, for purposes of this section, shall Page 17 of 39 :JAM ES A. BROWN. i.Tr$1� -,*.-:'' �.� "."':T�i_ �y - ^� yr:r.. P-s '� No Text . mean a wife, .husband, son, daughter, mother, father, brother, sister brother-in-law, sister-in-law, son-in-law, daughter --in-law, mother-in-law, fattier -in-law, aunt, uncle, niece, nephew, step- parent and stepchild, 316. Insurance and Bonding The Agent shall maintain during the term of this Agreement, the insur- ance and bonding specified below. 316.1 Workmamis Compensation, as required by Chapter 440, Florida Statutes, on all employees to be engaged under any Modification; 1. but excluding those employees who may be..termed work experience CETA participants by virtue of this Agreement -In case such work is sublet, the Agent shall require the provisions of Workmen's Compensation for all the Sub -Agent's employees* 316.2 General Liability Insurance on a neg-ilgence basis, including Contingent Liability, in amounts equal to what is provided for regular employees per person, per occurence for bodily damage, and per occurrence for property damage. If Agent is self -insured, these amounts shall be determined by the amounts 316.3 316.4 set aside in Agent's budget to cover such occurences. Fidelity Insurance in the amount of this Agreement. Such Honesty Bonds will cover those employees in positions allowing for access to or control of Program funds. The Agent will reimburse BETA for any loss incurred by BETA under this Agreement with the Agent when Agent recovers on its Blanket Honesty Bond. The Agent shall make available upon request, Certificates of Insurance and Bonding to BETA prior to commencing any operations under this Agreement, with such Certificates clearly indicating that the Agent has obtained insurance and bonding in the amounts, DAMES A. BROWN Page 18 of. 39 No Text type, and classification specified in this Section. 316.5 The Agent understands and agrees that it is an independent con- tractor and agrees to indemnify and hold harmless BETA from liability of any kind, to the extent permitted and authorized under State law, 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 this Program. 10 No Text 11 ARTICLE IV: PROGRAM IMPLEMENTATION 400. Responsibilities of the Agent 14 400.i 400.2 400.3 400.4 400.5 400.E The Agent shall have the administrative responsibility for develop- ing, overseeing, and monitoring. the Agreement as outlined herein. The Agent agrees to implement this Agreement in accordance with Federal, State and local guidelines; any conflict or inconsistency between the above guidelines and this. Agreement will be resolved in favor of those guidelines. Agent shall furnish BETA with a project report as outlined in Article III within a reasonable time following the termination of this Agreement. Agent shall allow BETA* to conduct. onsite evaluations - to en -- sure contract compliance. Agent shall 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 applicable and participant wages and concomitant fringe benefits. The Agent shall maintain according to sound management procedures, such records and accounts, including personnel (both participant and staff), and financial and payroll records to assure a proper accounting ror all project funds, both Federal and non -Federal shares, received and disbursed on the schedule required by BETA. 400.7 Agent shall make original and/or certified copies of any reports, plans, surveys, information documents, maps or other data pro- duced or developed by Agent in execution of the project funded by the Agreement available to the BETA and/or the DOL at any time upon reasonable notice. JAMES A. BROW(; Page 20 of. 39 No Text It • 400.8 Agent shall keep copies of all records and accounts pertaining to the operation of this Agreement or any Modification thereto for three (3) years following expiration of this Agreement, or until all audit findings are resolved, whichever is longer, unless permission to destroy them is granted by BETA or the DOL • in writing. 400.9 Agent agrees to enroll that staff member who is most involved in administering this Agreement to the NOVA •University Public Service Institute. Criteria for selection will be developed, by BETA . 'on an Agent .by Agent basis so .that the -Agent and BETA will obtain the maximum benefit in conducting this Agreement. 400.10 Agent shall be responsible for submitting the FSR within the time frame stated herein. 401. Responsibilities of BETA � ... 401.1 BETA shall be repons ible for. informing the Agent of pertinent changes 'in the CETA regulations as they affect Agent's program. 401.'2 BETA shall be responsible for reimbursing Agent based on the FSR submitted to BETA by the Agent. JAMES A. BROWN 0 Page 21 of 39 No Text ARTICLE V: PROCR I OPERATION 16 r 500. Modifications 500.1 Upon the approval of a grant application by the BETA Council, a Modification will be drafted simultaneous with or subsequent to this Agreement, 500.2 Modifications shall be drafted by BETA in conformance with the approved grant application and will: (a) Contain a detailed description of the program to be funded including a budget and occupational summary where applicable. (b) Nunc pro tune be incorporated into and become a part of this Agreement along with any and all attachments thereto. 501. Modification Authorization . 501.1 Agent shall designate an Administrative official within Agent's organization who shall have the authority to negotiate and con- summate modifications based upon Agent's prior 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 negotiated in each separate modification. JAMES A. BROWN Op Page 22 of 39 No Text H W ARTICLE VI: PROGRMI OPERATIONS FOR • PROGRAMS FUNDED THROtIGH TITLE I OF CETA 600. General Obligations 600.1 BETA shall be responsible for participant intake including a determination as to an applicant's eligibility. 600.2 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. 600.3 Upon Agent's request or whenever it has been determined that a component of Agent's program or the entire program is not ade- quately meeting the needs of Title I participants because of (a) A determination made based on 600.2 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, 600.4 Agent agrees to provide public liability insurance for participants and to indemnify and save harmless the officers and employees of BETA against any and all loss, damage, and/or liability which may be connected with a classroom training or work experience program operated by Agent except that BETA shall provide for Workmen's Compensation as stipulated below, regardless of whether partici- pant is under Agent's supervision as a result of a financial or non -financial Modification between the Agent and BETA. 600.5 BETA will supply participant's wages including reimbursement to employers of the extra -ordinary training costs as particularly set ;forth in each OJT contract. 0 JAMES A. SRJ���j� Page 23of 39 No Text 6010 Classroom Training/Title I Programs 601. l Agent's Responsibilities (a) (b) (c) (a) (e) (f) CB) Agent agrees to design classes which are open entry/ open exit or which permit frequent entry during the contract period. Agent shall be responsible for verifying, collecting and transmitting participant's time sheets in the manner and within the time frames established by BETA. Agent shall be responsible for distributing participant paychecks. 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 agrees to make provisions acceptable to BETA to ensure that participant's paychecks for the holiday period will not be diminished because of the holiday. Agent shall develop a program capable of training forty (40) participants per training session. (Session being defined as the length of time projected to train any one participant in the activity agreed upon from beginning to end.) Agent agrees to make its resources for placement activ- ity available to participants who successfully complete the program. Agent agrees to monitor and report on participant progress. Such reports may be in a form developed by Agent Page 24 of 39 'DAMES A. BRp'JVnI No Text but the • format must be approved by BETA staff . 601.2 BETA's Responsibilities (a) BETA shall be responsible for providing Workmen's Comp- ensation coverage for all participants enrolled with Agent in a Classroom Training Program. (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. 602. Work Experience/Title I Programs 602.1 Agent's Responsibilities: (a) (b) (C) (a) (e) Agent agrees to work with BETA s taf f in developing train- ing plans for each training slot. Agent shall be responsible for distributing participant paychecks. Agent agrees to hire fifty percent (50%) of all partici- pants who successfully complete training, or in the al- ternative guarantees that it will place fifty percent (50%) of all participants who successfully complete training in an un-subsidized employment position. Agent agrees to provide forty (40) training slots, each of which shall be located within Agent's control. Agent shaU be responsible for verifying, collecting and transmitting participant's time sheets to BETA, in a manner and within the time frames established by BETA. (f) Agent agrees to monitor and report on participant progress. JHMEs A. eRUWA Page 25 of 39 No Text • Such reports shall be done on a monthly basis and will be . in a form developed by Agent and approved by BETA staff, 602.2 BETA's Responsibilities: (a) BETA shall be responsible for providing Workmen's Comp- ensation coverage for all participants enrolled with Agent in its Work Experience Program. (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. 603. On The Job Training/Title I Programs 603.1 C Agent's Responsibilities: (a) Agent shall develop at least two hundred and fifty (250) new OJT slots by the end of the ftinth month f ollowing the start of its OJT Program. (b) Each OJT slot shall minimumly be required to correspond with. semi --skilled job levels (SVP level 3) as def fined in the Dictionary of Occupational Titles, published by the U.S. DOL. (c) Agent shall submit a report at the start of its program and every three (3) months thereafter so as to verify its plans to accomplish 603.1 (b) above. (d) Agent agrees to do all preliminary negotiations with prospective employers including the development of a training plan for each job slot; this work will then be submitted to the BETA/Marketing Division which will JAMES A. BROP/11 Page 26 of. 39 No Text (f) complete.the contracting process. Agent agrees.to maintain BETA, FY'77 OJT slots throughout the course of this Agreement. Agent agrees to monitor all ' participants hired through Agent's efforts into an OJT slot and to conduct a program- matic follow-up for each participant at the halfway point . in participant's training as indicated by the Training Plan. (g) Agent agrees to fill out - Training and Employment On The Jodi Training Termination Notice 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 workk-caith BETA staff and , Agent's staff . shall. r6por't and meet with the *Training and Employment Director and the BETA Marketing Division at mutually agreed upon intervals. (i) No agreement negotiated for -by the Agent shall exceed fifteen hundred dollars ($1, 500.00) unless a request for written authorization has been submitted to and approved by the Training and Employment Director. (j) Agent understands that it may only negotiate with employ- ers to pay the extraordinary costs of training a parti- cipant. 603.2 BETA's rrrfResonsibilities r.p��r. (a) BETA shall be responsible for hearing and resolving .all grievances concerning a participant's performance in the program. (b) BETA shall be responsible for providing counseling and . supportive. services to the participant throughout JAM ES A. &ROV 4 PnAc 27 of 39 No Text complete the contracting process. (e) Agent agrees to -maintain BETA, FYI 77 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 program- matic follow-up for each participant at the halfway point in participant's training as indicated by the Training Plan. U) Agent agrees to fill out Training and Employment On The Job Training Termination Notice 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 shall. report and meet with the'Training and Employment Director and th.e BETA marketing Division at mutually agreed upon intervals. (i). No agreement negotiated for by the Agent shall exceed fifteen hundred dollars ($1, 500.00) unless a request for written authorization has been submitted to and approved by the Training and Employment Director. (j) Agent understands that it may only negotiate with employ- ers to pay the extraordinary costs of training a parti- cipant. 603.2 BETA's Responsibilities (a) BETA shall be responsible for hearing and resolving all grievances concerning a participant's performance in the program. (b) BETA shall be responsible for providing counseling and supportive services to the participant throughout t� 1 '7 _ t '! n • No Text w� • 604. the program. ' (c) BETA shall finalize the .contracting process with employ- ers following Agent's preliminary negotiations. Child Care Delivery System/Title I.Programs 604.1 Agent's Responsibilities (a) Agent agrees to place up to six hundred (600) children at any one time in day care centers. (b} Agent agrees to ascertain that the children placed are children whose parents or legal guardians are eligible CETA Title I participants enrolled in a Title activity. (c) Agent.agrees to reconcile the parent's attendance at his/her training site with the child's attendance at the* day care center. (d) Agent agrees to place children in child care centers in Broward County, which centers can prove to Agent's satisfaction that they comply with local fire and health standards or with the State of Florida Min - •imam Standards for Health Care Programs, whichever is more stringent, (e) Agent agrees to ascertain that the centers in which eli- gible participant's children are placed will 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 BETA will not reimburse Agent for the cost of placing children in day care centers which children da not belong to persons currently enrolled i Page 28 of 39 ' No Text 0 . in a Title- activity, and that should BETA be in. correctly billed by the day care -center and reimburse the center for the cost of caring for the child in question, the amount of money paid out will be set of f against Agent's next monthly request for -reimbursement, (g) The Agent shall provide continuous monitoring of centers so as to make available to BETA participants convenient and standardized child care services. In addition, Agent shall interview all eligible BETA participants '•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 day . care -center or - independent-- ly by the Agent for the participant. (i) Among the day care centers employed by Agent there shall be centers which provide for one *or more of the following: 1. Twenty-four (24) hour service 2. Infant care • 3. open year round 4. Facilities for handicapped children 5. Facilities for primary school age children, after school, and during school vacations. Page 29 of 39 No Text 605. Title I PSE Programs. 605.1 General Obligations - (a) Agent understands that funds granted to it under this section shall be applied toward PSE Programs intended to provide jobs for **the ''unemployed underemployed - and "economically disadvantaged of Broward County. 605.2 Participant Eligibility (a) At the time of application and selection, the participant shall reside within any jurisdictional area located within Broward County, Florida. -' (b) An applicant is eligible for this Program provided he or she is unemployed for at least one (1) calendar week, or is under- employed, or economical'ly '*.:'disadvantaged. 605.3 (a) (b) Selection Procedure - The Agent shall be responsible for: The selection of participants. To meet this requirement, the Agent must provide adequate documentation of each applicant's eligibility, and retain in the participant's folder the inform- ation on which this documentation is based. The Agent shall also retain for the Agreement term the applications of persons not selected for participation .the -reasons for their non - selection. Accomplishing one of the following as a goal: (i) Place one-half (1/2) of the Title I* funded participants in unsubsidi zed private or public sector employment or (ii) Place qualified participants in one half (1/2) the vacancies occurring in suitable occupations in the Agent's permanent work force. -, BROWS. Page 30 of 19 No Text (c) Selection and treatment of certified participants in accordance with Agent's personnel rules. • (d) Supplying BETA with a copy of their personnel rules. (e) Retaining applications of persons not selected for par- ticipation and reasons for their non -selection. (f) Maintaining adequate documentation of participants, which documentation shall consist of signed and dated complete application for employment, including the last date of participant's employment, and which attests that the inform- ation the application contains is true to the best of the • eligible applicant's knowledge. In addition, 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. 605.4 Agent shall give special preference to: (a) Veterans (eligible disabled veterans, special veterans, veterans receiving other than a dishonorable discharge within four (4) years of the date prior to their application). (b) Welfare recipients (c) Former manpower trainees (d) Other special groups as defined in the Comprehensive Employ - went and Training Act of 1973, as amended. 605.5 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. 'a- Page 31 of 39 No Text i • During this forty-eight hour period, -BETA and the FSES will only refer veterans who meet the. Selection criteria in Section 500. • Where the FSES and BETA 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. 605.6 A list of job openings shall be made available by the Agent to Veterans' Organizations for the purpose of making those jobs known to the veterans as described above. - Page 32 of 39 No Text .ate r -•._ __ __ . ARTICLE VII: PROGRAM OPERATIONS FOR PROGRAMS FUNDED BY TITLE II OF CETA 700. General Obligations 700.1 700.2 700.3 Agent understands that it is the purpose of Title II to provide unemployed and underemployed persons with transitional employment in jobs providing needed public services in areas of substantial unemployment. In order to comply with the intent of CETA, Agent is re- quired to accomplish one of the following as a goal: (a) Place one-half (1/2) of the Title II funded participants in unsubsidi zed private or public sector employment or (b) Place qualified participants in one-half (1/2) the vacancies occurring in suitable occupations in the Agent's permanent work force. Eligibility An applicant for Public Service Employment will be eligible to become a participant under this program: (a) If, at the time of application and selection, the participant resides within any j urisdictional' area located within Broward County, Florida and (b) Participant has been unemployed for thirty days (30) at date of application as defined in 96.27 of the Federal Register, or underemployed, as defined in 101.12 of this Agreement, and fulfills all other eligibility requirements, as stipulated herein. Page 33 of 39 No Text 701. Agent shall be responsible for: 701.1 Selection of participants only f rom those applicants who 7020 7030 IQ carry approved certification referral slips . 701.2 Selection and treatment of certified participants in accordance with Agent's personnel rules. 701.3 Supplying BETA with a copy of their personnel rules. 701.4 Retaining applications of persons not selected for par- ticipation and the reasons for their non -selection. 701.5 Maintaining adequate documentation of participants, which documentation shall consist of a signed and dated complete application for employment, including the last date of participant's employment, and which attests that the in- formation the application contains is true to the best of the eligible applicant's knowledge. in addition, a copy of the participant's appointment documents ref lect- ing rate of pay and position title must* be kept as part of the participant's records . BETA shall be responsible f or (a) Certifying PSE job applicant's unemployment history based on the criteria as listed in Section 700.3 (b) as herein described* (b) Supplying applicants with proof of certification in the form of a signed referral slip. Groups to be Given Special Consideration: 703.1 Agent shall give special preference to: (a) Veterans (eligible disabled veterans, special veterans, veterans receiving other than a dishonorable discharge Vol T Page 34 of. 39 No Text I (c) (a) 703.2 703.3 • within four (4) years of the date prior to their application). Welfare recipients Former manpower trainees, Other special groups as defined in the Comprehensive Employment and Training Act of 1973, as amended. All job vacancies under this Agreement, except those to which former employees are being recalled, must be listed with the Florida State Employment Service thereinafter the FSES) and BETA at least forty-eight (48) hours before such vacancies .ii are filled. During this forty --eight hour period, BETA and FSES will only refer veterans who meet the eligibility- criteria '.oaf CETA'. as amende.d...Where BETA and YSES have .none to refer the FSES and BETA will refer non --veterans during this time period. All other applicants will be referred to the Agee t after this period, 0 A list of job openings shall be made available by the Agent to Veterans' Organizations for the purpose of making those jobs known to the veterans as described in 703.1 (a) above. Palle 35 of 39 4. No Text 0. . Is • ARTICLE VIII: PROGRAM OPERATIONS FOR PROGWIS FLNI DED BY TITLE VI OF CETA •800. General Obligations 800.1 Agent enders tands that f unds - granted'- to it & under this * •Article be applied toward Public Service Employment programs intended toward sustaining the level of employment achieved in BETA Fiscal Year 1977 or toward Public Service Employment positions through the creation of project opportunities. 800.2 Application of Title VI funds toward Public Service "'Employ] meet sustainment or toward the creation of project opportunities shall be determined by BETA through its Council and shall be. stated in detail within Agent's Modification. 801. Eligibility 801.1 An applicant for Public Service Employment will be eligible to become a participant under this program if, at the time of application and selection: (a) (b) The participant resides within any jurisdictional area located within Broward County, Florida, and Participant is a person whose family income is equal to or below seventy percent (70%) of the lower living standard income level as defined in Article I of this contract. This figure shall be based on the lower of: (i) Income annualized and based on the three (3) months immediately preceding application. (ii) Income received within the twelve (12) months preceding application for seasonal, surmer youth employment or other income which cannot properly fs JAM E S A gR0WN Page 36 of 39 No Text be reflected based on U) above. r] ' (iii) The sums of (i) or (ii) above are exclusive of any payments made to applicant which will cease (c) upon applicant's obtaining -employment, as determined by DOL . (iv) The lower living standard income level may vary from time to time in accordance with DOL guide- fines requiring readjustment. Contractors shall be notified of such changes by BETA, Or Participant.is economically disadvantaged'; AND -- Participant meets one of the five criteria listed below: (i) Participant is unemployed at the date of application and during the twenty weeks immediately prior to application has been receiving unemployment compen- sation for fifteen or more weeks., (ii) Participant is ineligible to -receive unemployment compensation at the date of application and has been unemployed for fifteen of the twenty weeks immediately prior to application, or (iii) Participant, at the date of application, is unemployed and has exhausted all unemployment compensation benefits to which he/she is entitled, or 41 (iv) Participant is unemployed at the time of application and was unemployed during fifteen of the twenty weeks immediately prior to application and who, during that fifteen week period was first ineligible for unemployment compensation as described in C (ii) above and then became eligible for and received Page 37of. 39 .. No Text It unemployment benefits. (v) Participant is a member of a family which has been receiving Aid to Families with Dependent Children under Title IV of the Social Security Act. If applicant meets the criteria of Section 801 (a) and is a veteran who has served on active duty for a period of more than 180 days or who was discharged or.. released from active duty for a service connected disability he/she shall be immediately eligible upon discharge for participation in a program provided the veteran has not --obtained w permanent full-time unsubsidized employment between the time of application for participation in the CETA project. 802. Except ions-- - 802.1 Exceptions to 801.1(b), 801.1(c) and 801.1(d) may be entertained by the BMC if: • (a) Participant is filling a vacancy which has arisen as a result of transitioning a CETA Participant into an unsubsidized position CON (b) The vacant position provides for a service to be directly provided to the economically disadvantaged on a daily and ongoing basis. 802.2 Exceptions as described in 802.labove shall be made by the BMC only to the extent that fifty percent of all vacant slots have been filled in accordance with the criteria as listed in . 801' above. 802.3 Exceptions shall be initiated by letter request and finalized through the amendment procedures described herein. 802.4 Any exceptions other than what is provided for herein must be initiated by letter from the Agent to the BMC and will became effective only upon written notification to the Agent signed by the Executive Director of the BMC. , I► A No Text 802.5 Where Agent's program has been approved subject to the above exception a participant shall be eligible to take part in the Program if he or she has been unemployed for thirty (30) -days, as defined in 96.27 of the Federal Register, or underemployed, as defined in 101.27 of this Agreement, and fulfills all other eligibility requirements, as stipulated herein, 41 . M i 803. -.Selection Procedure . The Florida State Employment Service (FSES) shall be responsible for 8040 . certifying the eligibility of PSE Title VI applicants. Partici2ant_Compensation 803. l 803.2 803.4 The wage or salary paid to the employees funded by this Agree- ment shall be withiln the range established for this position or class title in the Agent's official salary schedule or per - sonnet rules and regulations-. The portion of all participants' wages and salaries paid for with Title VI funds under this Agreement shall not exceed an annual wage rate for the full --time employment of $10 , 000 00 per participant with proportionate fringe benefits; The payments shall not result in expending more than the total Program budget; Any variation in the wage/salary amounts, which is subject to the above restrictions, shall be uniformly available to any and all similarly situated persons paid with these Agreement funds. Page 39 of 39 - ANIr- S A. BRONVa No Text IN WITNESS THEREOF, the parties hereto have made and executed this document on the respective dates under each signature: CITY OF TAMARAC through its signing b and through its authorized to execute same by a,ction on the day of 197 and the Broward Employment and Training Adminis. tratior,signing by and through its Chairman, duly authorized to execute same by Council action on the 19th day of SEPTEMBER , 197 7 at Meeting No. 43 , AGENT: h TITLE: �i T DATE: AS TO AGENT, WITNESSED BY: APPROVED AS T CIENCY: S• EGAL SUFFI- d Training Admin- .�, O W N ATTORNEY AT LAW rTt COURTHOUSE SQUARE BUILDING 2Q0 S. E. 6th STREET FORT LAUDERDALE, FLA. -3330• PH. (305) 7.64-0553 Gt: EXECUTION WAGE THE BROWARD EMPLOYIfENT AND TRAINING ADMINIS- TRATIOR A GOVERNMENTAL CONSORTITTI OF THE CITIES OF FORT LAUDERDALE ;WIDA OD , AND BRO14ARD COUNTY, If B` 7 TITLE.,.* Cha i rman DATE: 1 4 I=-� AS TO BROWARD EIMPLOYTHENT AND TRAIN- ING ADMINISTRATION, WITNESSED BY: L.S. RECOMMEND L. BY: TITLE: A k I �-O.. Executi e ireetor L.S. I 0 RESOLUTION NO. A RESOLUTION OF HEREINAFTER DESIGNATED AS THE AGENT, AUTHORIZING AGENT TO ENTER INTO A CERTAIN CONTINUING EMPLOYMENT AND TRAIN- ING CONTRACT AND FURTHER AUTHORIZING A CERTAIN ADMINISTRA- TIVE OFFICER OF THE AGENT TO EXECUTE A CONTINUING AGREE- MENT 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 (Agent) deems it in the public interest to execute a continuing Agreement between the Broward Employment and Training Administration and the Agent in accordance with the terms and conditions contained in said Agreement No. , a copy of which is attached hereto and made a part hereof. NOW THEREFORE, BE IT RESOLVED BY THE AGENT: Section 1: pertinent officials, are hereby authorized to execute Agreement No. between the Broward Employment and Training rl.Y.Y.Y.I■Y■Y■.�.■r■■. ■■YI ■.1 Administration and the Agent. That the Section 2: That a certain administrative officer of the Agent, occupying the position of , is hereby authorized to execute Modifications to said Agreement, without further authorization, 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. We understand 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 sector 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 the contract between the Broward Employment and Training Administration and the Agent, which is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF 1-97 SIGNATURE: Secretary or Governmental Clerk Corporate Seal or Governmental Seal No Text AS' URANCE S A21D CZ RT : F I CAT I ONS • •. ,, • _ Ae ' . General Assurances • 1. The applicant assures and certifies that . PP .• a. It will comply with the requirements of. the CampruhL,ns ive Employment and Training Act (CETA) of 19 7 3 , as a:m%.: Ced (P.L. 93--203, 87 Stat. 839 and P.L: 91-567F 88 Stat • .1845 and P.L. 94-444, hereinafter referred to as the ' A,ct, • . *,and with the regal=:bons and policies promulgated thereunder; and b. It will corn Z with OMB Circular n e 5 Comply umb r A 9 and Federal Management Circulars (FMCY 74- 4 and 74-7 as those Circulars relate to functions , such as the utilization of funds, the operations of programs , and ivaintenance of records w booke , accounts, and other documents under the Act. • • 2. The applicant further assures and* certifies that if the regulatlons promulgated pursuant to the Act are amended or revised, it shall qoSp�y with theta.• �r • •� .• ram• .�. •..• • • . . •. • .• . • • • 3 • in addition to the recuirements . of 1 and 2 above and consistent with the regulations ' issued pursuant to the Act, the applicant makes the following f er assurances and certifications a. It possesses legal authority to apply for the grant; that a resolution, motion, or si.=' lar action has been duly adopted or passes as an official act of the a li cant :.s PP govern" 9 body, authorizing the filing of the application, incl ' g all understandings and assurances contained therein and directing and authorizing the person identified as the official representative of the applicant to act in connection PP . with the application and to provide such additional info=ation as may be rewired (sections 10 2 (a) ; 7 01 (a) (9) and (10) } . be It wi l-1 comply with title VI and VI1 of the Civi,". Rights Act of 1964 , (PoLe 88-352) , and in accordance with title V:E and iT11 Of that Act no person in the United States shall on the Is grounds of race, color, sex, or national origin , be excluded . fparticipation in, be denied the benefits of,, or be other- , wise subjected to discrimination under an program or activity Y P for which the applicant received Federal financial assistance and Wi 11 edi.ately take any measures necessary to of f ectuate this agreement. Is 1 JAU`s A. BRUW3N No Text s • Ce It will mly wf th- Title vl of the Civil Rights Act of 1964 (42 z000a) i tiM ea Vlo ai tim whem (1) the of a is to de ell Ift loyalmlo.. or (2) d nab cam, ass will Ocesult is =equal atz t of :scx3s �o are or s3�c be tip fthe --aided activity d. No prin �LvIheh�zt4Cn cf . any rm .b &:�m-m�, ...�.. w r • { �` ISO i•'J �� r • r�i • �1 • .. r 1! ••1• •/ ems* �t �� J1�1 • lit i w •! • • �► «• v.. • r •� •i r •i R � • WeLo . 91-a646) Uhi elAn- "t-_ wL _ dLtsplacad as a result of Fedmal and Fed+era].l' �; -- - ----- . Y�as.--shed Pacogra�:dft f 0 It ar3.]1 fly with the gravisiorzs of t'ze tia Ltical activity of e�ioyees. Satdi Ac*m, wh;r,h limit 90 it Will with the Je=i •v• s- Irri i rr tiviti •703(2))e he It will b3--4sh safernwrv�-m to do ix =sit4exm & lcyees f=n f= a that is or gives the ran= of blim tbme with uhm they have amil 11 Yr bus! ness --th ties (ew" 702 (a) it Will •ive the ►+_ • J Of •Ir fit ♦• the •ti.• • et �. •f • •i e• the . ••d,:.., to =ii •the •1 1 1--, relaqtmd I= (S ion j • P�rtirciparits in the kArogE'= will rat be eapIoyed cm the mnst�vctioa, op�sat3Cn. Cr maintenarloe of that Bart of any facility whir3z is used fcs instzucti,Cu or worship (section 703 (3)),v k. Appmpriate �•,��,�a fay health and safety in wc=k and training sftiati,ons will be ; *ta; ned (secti 703 (5)) . 1. Canditicas of e�loyment or tra; *+; n9 will be ap��vpr�ate and stele with regard to the type of work. the geographical =eg3.on and the �ficiency of the apQlicant (section 703 (4)) . . c y t e i.r �. i L t,..► �. 02 No Text m. ftwisi+cn of won ma's rVeLsat :.on : to L.ic3 - n+- Pm PamP�- . n crx -U e-jcb training, work 11 e, or ' c service the Act at the same level and to the same . t as other employees of ete �np who are k.r a State or i.n3ust�y word's car�_1sat j statutes: ar..3 ion of worms' s ration 3nm rance or and a+o insurance for injury ease t!:ug firsa pa.�-`�.iciPati�on ..Am those indi s engaged in any kmwjrmt, activity ceder the Act, i. e• , wmk M' - ce anowthe-job tra m3.ng, public service eloyment,, cl.assroaa t`of 90Pe , services to - and other ac ivities , where others sind-larly en+gaged are not by an app le wori - mn' s at:�en 703 (6) and 208(4)) . _ no �e p�ogr�t will mt result in the displzcei�e.� of mploYda ss or 3n�a�r e�dstinq o�ntrcats for sezvic�.s or result 3n the substitu- cf Federal fads far other fps in =m cn with wort: that wood wise be performed icn 703 (7)) .0. o. '-dining will mt be for any occu=at_ans which require less tin two weeks of F.se-enplaym-nt traiiii rig. Bless ate e�Zoy�ent 'oppomnities are available iu that oocupati.on (sectica 703 (8).) . P arc3 r elated services , to the extent ' cIae, be caonsistent with widua,L' s fullest c ' lines and Iezd to VVloiment _ . ties which wil.1 �3,e Pa.r aci to beca�ae econcrrical3.y sea- sufficient (sect4 cns 703 (9) and 105 (a) (6)) . q* training azr2 tra:Lninq on the jab shall only be for occupations iri which secretary or the prune spar has them is reasonable exp.;.-tati for emplcyment (secti as 743 (10)) . l"'• Wiu to thy'. pra+C. be used to `;t , � , fob ex than s�lmt, tine level of that would otherwise be available fthe p and tion of the el i 1 a IicaM40 s P as (secti 703 (3.1) ) . a. It will. 1 ' t rer 4AL ts as required by the Se ctary and. will maintain records and s to thm as rec+..ssary for the Secretary' s review to assure that are beirmff expended in ac a with the pur- poses and sions of the .act, inc 3 the -Ce or 1 tao assist the Secretary i n de the -c��t to wtiich the meets the r. �eors of disadvanta chrOnical]. ed, and low in � Y �Y for e�npl opPoz-tutiities (sections 703 (12) and 331(c) ) • t. Tire program drill, to the mrx� eecteat feasible, coaztritute tO the oocup3tion-pt or upward mobility of irr ividual participants t��ti�on 703 (13)) . JAtS 4. SROW 3 . P 0 T No Text flow i ET NO. 311 e u,, s M e � Ogr�t %dS tE� �'11Str2lt:.ve and d t m COntT"��.3 ..1 evaluatzon u, availahility of in IM • amd to assistance ants , and other po ' - es as may be ary t� the effective use of Csect..ion 703 (14)) . . • v.e ate 'sign for thmm needs e of .tth in the area se703 (15)) . w. Zndi . reiving trainirr3 cn the jab shall be ted gnp at rates, incl periodic es, as may be reasonable under regulations 11-ta'A by the Secretary, but in no it at a rate which is less than the Wiest ' of 1) the minimin wage rate specified in s .. ' n 6 (a) UY of the Fair Standards Act of 1938. 'ire cnly e� to sec. 6 (a) (1) are to the . Commorwealth Of PuertO Rico, the Virgin Islams, and Pinerican SUPW M., whe=eacressball be cm-sistent with provisions of the Federal, State, cr local ].raw, othemise p le. Wages to in the Mcwt Territory of the is Islxrvqs shall be ccmistmit with 1aca3 law, ecceat on Eniwetok Atoll arxi i ajalQ..in Atoll, where sec. 6 (a) (1) is applicable; 2) the State or wage for the most nearly le + 3) the rates of pay for personsei ioYed in s��u'Ja... by the ; 4) the minirc�a m" a:.=e rate fo ' irex-'Ie=eroed worker fa tl�e same Lion in the establis4t or, az the. . oration is new r_ro the establ i the A.en rate for the ok-x-t.:ixm amor.z estab is ill t'he ty or arm Or, any . " ' .:.mot rate _ ''"'�Ci by an amlicable collective a 5) f0r is on Federd1ly funded or assisted. an Projects, the _=evai 3.ingr rate WAshed by the secr tary, in with the -Bacon Act, as when such rages are ILId by the Fbderal statute urw g= which the was ' ..e-d- ' • xe It `&U with the stndards reqp=mm-Is set out in se 706 of tie Act* y• Services and activities prmided this Act wi l 1 be ' tared by er under the sup ion of the applicant Cs 105 (a) (33 (B) and 205 (c) (1)) . Z. No funds made avaiUble under the Act szbaII be used for lcbbyjmg a�+ctivities in violation of 18 USCCA 1913, aa. If the agplicarYt is f by letter of ' t: Cll better of t dra will only be initiated when y TA g for its Erant (s) rI j sburs=I=L &ts ; . , A. BR NX .jAN" CS No Text and � wiil (2) Timely � of cash disbursements �be made � to tie DnPloyment and ZYa,ini-�g Ac�:uzistration as reqtir�ri: • .... • (3) It will iTIT-0 the same stunda.-ds of and m 1zt tt� a�c�Y Se�Y recipients incluciit�g the of repa-ts of cash disiursartents bai ar,c e s, bb. Fcr .s, , , and S__ ex�aess wo of $100,000, or wtuwe the o0 of fi cer has &4-m r'.ned that o " an mite ntity contract or in any yea • will 000,. cr if a fanilit y to be used has been the subject of a c=lnvictn' the C3 Ppn Air Act (42 U.S.C. 185704 (c) (1)) cr the Federal Water Pallu- Ccntrol Act - (33 U. S . C. 1319 (C)) and is listen by the Erwironrental Agerxy (EPA) cc 1* 9 not _ , the c�:antee as that. 1) no f • ty to be u ed In t1m of the csaa Ins beers on the EPA List of Violating tac! 1 L ti 2) it will notify the RM, to awaxdt of the tbe D' , t ff4e of Feder Activities, U.S. l Protect- n Agency, ti . that a facility to. be utilize<3 far the is under cxanSideration to be I-Isted. an the EPA List of Violating Facilities; and 3) it Wi.1l. ineel.l-Ide �: y this as , - -- i ' part, its=Vt=Y =4 sj. t, , Cr "t. • `. Ad3itional Ass es for Title I . 3h a�tt Title I of the Actr the app and ies that: •cPob d� ' .rrt r will be ' ed to those most in need of theme inc3.vdi.rg low persons and persons of • ii -= • Fig c� _ � ability, and that the for contsrn .1pciIt of dial X"Aated effectiveness rs is ovsidered in serving such 0 4n 105 ; ) (1) (D) ) . • . 2. Programs of institutional s3si31 training shall be dresicried for o==ati.ons is which skill shortages exist tsecti.ca 105 (a) (6)) 3. The plan meets a1.1 the is of section 105 (a) and the apQlipnt rriLt cr.�ply withall p�c�.sions of the Prt {sec.�tioai 105 (b)) . • �. It will ma}ce such arrdr�ger,�ts as are prescribed by regulation to tssist the Secretary in caayis�g out his responsibilities tu�c?er secticris 105 mi 108 of the Act (section 105(a)(7)). . _ oonsideraticn will be given too the of %I -* " led . brans, sp veterans, and vemLln who served in the A=ned Forces and ' ved other than a We di within f ovr years before tie date of a pl i,cation. Each �sor in selecting participants JAME S A. BROWN. No Text r for programs ..funded under title I of the Act, shall take into consideration the extent that such veterans are available in the aroa. 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 fo=u- lating 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 i.nfor-- mation to eligible veterans (section 10 4 (b) of Emergency Jobs and Unemployment Assistance Act of .1974) . 6. Appropriate arrangements will be made to promote . maximum feasible use of apprenticeship and other on--the--job training opportunities available under section 1787 of title 38, United States Cc de . C. Additional Assurances Relating to Public Service Emulo� went Programs . For public service employment activity, the applicant further assures and certifies that • 1. Special consideration will be given to the filling o jobs which _provide sufficient prospects for advancement or• suitable continued employment by providing '._=plenmentary training and manpower services • designed to (1" promote the advancement of participants to employment or training oppor-- tunities suitable to the individuals involved, whether in 'the public or private sector of the economy, (2) provide Participants wl h skills for which there is an anticipated high demand, o� (3) provide participants with self-aevelop- 'ment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be .nonstrued to preclude persons or programs for whom the foregoing goals are not feasible or appropriate (secti6ns 205 (c) (4) and 6 0 4) . . • 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 rece�es 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 disadvantaged in terms of the length or tune . 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) ) 0 No Text idP.' 4 , No funds will be used to hire an person to 'fill l l a . y p �. job opening created by the action of an - employer in laying off or terr:u.nating 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 ersons*who have participated in manpower training program for whom employ - meet opportunities would not otherwise be i.uunedi.ately available (section 205 (c) (9) } 6. Periodic review procedures established pursuant to section 207(a) of the Act will be complied with (section 205 (-c.) (1?)) . -7. Agencies and institutions to who financial assistance is made available under this : t..i.tle have undertaken or will undertake, 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, 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 pro5rams for the purpose of (1) providingthose persons emDloved in public p ,. _ P service jobs who want to pursue work .with the employer, in the same or s imi l ar work, with opportunities to do so and to find permanent, u-owardly mobile careers in that field, and (2) providing those persons so en, p.l.oyed 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) (19i and 604} , 9 . The program will, to the maximum extent feasible contribute to the elimination of arti.f i.ci.al barriers to ,employment and occupational advancement, including o PP or- tunities for the disadvantaged (section 205 (c) (21) } 10* Not more than one-third of the participants in the ro 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 o,f 1938), except that this paragraDh shall not be applicable in the case of era l© ed as class- yteachers, participants py class- room teachers , and the Secretary may waive this lz=* tation in exceptional circumstances(sect-.i"on 2 0 5 c 2 2 . . No Text V 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"promotionai line in no way infringe upon the promotional pportunities which would otherwise be available to persons currently employed in public service jobs not subsidized under the Act, and assure that no job will be filled in other than an entry level position in each gramortional ]iae until applicable personnel procedures and collective bargaining agreements have been complied. with (section 205(c)(24)), 13. Jobs are in addition to those that mould be funded by .the sponsor in the absence* of assistance under the Act section 205 (c) (24)) . 14. 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 mini Chum hourly wage set out in section 6 ( a) (1) of the Fair Labor Standards Act of 1938, as amended. The only exceptions to section 6 ( a) (1). are those pertaining to the Co Qnwealth of Puerto Rico, the Virgin islands, ana per=can Samoa where wages shall be consistent -with the Federal, State o local J .;:, 4 otherwise applicable. Wages paid . to participants r P� in the True Territories of the P aciti c Islands shall be consistent with local law, except on Eniwetok Atoll and ?Cwajalein Atoll, where section 6 (a) (1) is applicable. (b) The State or local mini- mum wage for the iaost nearly comparable covered employment; , (c) The prevailing rate of pay for persons employed in snu.lar public c occupations b the same employer (section ip Y 208 (a)) ; - • (d) the min entrance rate -for inexperienced he same workers in�. L pation in the establishment, or, if _ occu the occupation is new to nothe establishment, the prevailing entrance rate for the occupation among other establishments in the community or area, or any mini.ucurcz rate required by an applicable collective bargaining agreement; or (e) the prevailing rate established by the Secretary, in accordance with the Davis -Bacon Act, as amended, for participants ar tici ants involved in covered by the Davis - Bacon Act, JAMES A. BROWN 000 No Text A I • 15. Special consideration shall be given to eligible disabled veterans, • special veterans and veterans who served in P . ' 4 the Armed Forces and who received other than ,a dishonor- • able discharge within four years before the date of their • application. Each eligible applicant selecting partici-- pants for public service programs shall take into Consideration the extent that such veterans are available in the areav Specific effort should be made to develop • appropriate full or part-time opportunities for such . veterans. In order to insure special consideration for veterans , all public service employment vacancies, except .those to which former employe.--s are being recalled, must be listed with the State employment service -at lea, 48 hours (excluding Saturdays, Sundays, and holida%ZZ) before such vacancies are filled. During this peri.oa the employment service may refer those veterans specified above. If sufficient numbers of veterans are not avail -- able, 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 2 0 5 (c) { 5 ) ) . The eligible applicant should utilize the assistance of State and local veterans emplc.r- ment representatives in formulating its program objecti• ,* �.:s e Each eligible applicant shall, on a continuing, and timely basis, provide in ormation on job vacancies and traini :g opportunities funcr2d under the Act to State e.7id local veterans employment representatives and to otner veterans . organizations for the purposes of �C :. s seminating informa- • tion to eligible veterans (section .iO4 (b) of the Emergency Jobs and Unemployment As s i s t anc a Act of 19 7 4) . 15 To the extent possible, administrative staff shall be , • drawn from unemployed and underemployed persons (section �► 2O5(c)(20)). D. Additional Assurances for Title II Pro rams • All assurances in C above apply 1 to public service programs funded under Title II. In addition, the applicant assures that: � 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))of • • No Text s • r 0 1 0 • • E. . Additional Assurances for Title VI Programs All assurances in C. above apply to.public service programs under title VI. In addition, the applicant assures that: • Onlypersons residing in the area served by the P _ g , 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 suc: jobs shall, to the extent feasible, be designed to : - ene f it the residents of such areas except that funds allocated under title VI of the Act (section 6 0 3 (a) (2) (B)) , to an area eligible for assistance under title II of the Act shall only be used to provide project and ;program opportunities to persons residing in those areas of substantial unemployment i - de f ined in section 2 0 4(c) (Section 6 0 3( a) (2) . F. Special Certification low 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. • r • 10 ;r