HomeMy WebLinkAboutCity of Tamarac Resolution R-78-198Introduced by 1y��,,k G MA
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO.R - 7?-I 1g?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, HEREINAFTER DESIGNATED AS THE
AGENT, AUTHORIZING AGENT TO ENTER INTO A CER-
TAIN CONTINUING EMPLOYMENT AND TRAINING CON-
TRACT AND FURTHER AUTHORIZING A CERTAIN AD-
MINISTRATION OFFICER OF THE AGENT TO EXECUTE
A CONTINUING AGREEMENT BETWEEN A GOVERNMENTAL
CONSORTIUM CREATED TO CONDUCT EMPLOYMENT AND
TRAINING PROGRAMS IN BROWARD COUNTY, FLORIDA,
AND THE AGENT, IN ACCORDANCE WITH THE TERMS
AND CONDITIONS CONTAINED IN SAID AGREEMENT.
WHEREAS, after due consideration, the City of Tamarac,
(Agent) deems it in the public interest to execute a continuing
Agreement between the Broward Employment and Training Administration
and the Agent in accordance with the terms and conditions contained
in said Agreement No. 79-0701, a copy of which is attached hereto
and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the pertinent officials, Mayor
Walter Falck and City Manager, Edward A. Gross, are hereby autho-
rized to execute Agreement No. 79-0701 between the Broward Employ-
ment and Training Administration and the Agent.
SECTION 2: That a certain administrative officer
of the Agent, occupying the position of City Manager, is hereby
authorized to execute Amendment(s) to said Agreement, without
further 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. It is understood
that this program shall enable the Agent to commence much needed
public service, which under present economic conditions would not
be feasible to undertake, and to provide immediate employment
and/or training opportunities for a large section of the unemployed
labor pool.
80�,
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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, ADOPTED AND APPROVED this_2,;L, day of November,
1978.
ATTEST:
s ;6CITY CLERK
I HEREBY CERTIFY that I have ap-
proved the form and correctness
of this Resolution.
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR W. FALCK
V/M H. MASSARO
C/M H. WIENER—
C/M I.M. DISRAELLY
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Um
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BASIC AGREEMENT NO. .79-0701
AGREEMENT BETWEEN THE
BRO14ARD EMPLOYMENT AND TRAINING
ADMINISTRATION
A GOVERNMENTAL CONSORTIUM CREATED
TO CONDUCT TRAINING AND
EMPLOYMENT PROGRAMS IN BROWARD
COUNTY, FLORIDA
AND THE
City of Tamarac
JAMES A' BRCVV
TABLE OF CONTENTS
ARTICLE
PAGE
Preface
1
I
CONTRACT PURPOSE AND DEFINITIONS
2
100. Purpose
2
101. Definitions
2
II
FISCAL MANAGEMENT
10
200. Compensation
10
201. Fiscal Controls
10
202. Method of Payment
11
203. The Budget Summary
12
204. Administrative Costs
13
205. Property Management
13
III
GENERAL CONDITIONS
16
300. Grant Applications
16
301. Conflict of Interest
16
302. Political Activity
16
303. Religious Activity
17
304. Equal Employment Opportunity/Affirmative Action
17
305. Publication and Publicity
17
306. Subcontracts
17
307. Amendment Procedures
18
308. Notice
19
309. Assurances and Certifications
19
310. Integration
19
311. Vested Powers
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312. Disputes
20
313. Termination
21
314. Maintenance of Effort
23
315. Nepotism
25
316. Insurance and Bonding
26
317. Application of the Davis Bacon Act to
27
programs operated under this Agreement
IV
PROGRAM IMPLEMENTATION
28
400. Responsibilities of the Agent
28
401. Responsibilities of BETA
30
V
PROGRAM OPERATION
31
500. Amendments
31
501. Amendment Authorization
31
VI
PROGRAM OPERATIONS FOR PROGRAMS FUNDED
32
THROUGH TITLE I OF CETA
600. General Obligations
32
601. Classroom Training/Title I Programs
33
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ARTICLE
602. Work Experience/Title I Programs
603. On the Job Training/Title I Programs
604. Child Care Delivery System/Title I Programs
605. Title I PSE Programs
VII PROGRAM OPERATIONS FOR PROGRAMS FUNDED
BY TITLE II OF CETA
VIII PROGRAM OPERATIONS FOR PROGRAMS FUNDED
BY TITLE VI OF CETA
IX YOUTH PROGRAMS OPERATED UNDER TITLE III
900. General Obligations
901. Operation of YCCIP Funded Programs
902. Operation of YETP Funded Programs
EXECUTION PAGE
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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: That the pertinent officials,
are hereby authorized to execute Agreement
No. between the Broward Employment and Training
Administration and the Agent.
Section 2: That a certain administrative officer of the Agent, occupying
the position of , is hereby authorized to execute
Amendment(s) 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 ,197
SIGNATURE:
Secretary or Governmental Clerk
Corporate Seal or Governmental Seal
F AGREEMENT NO.
THIS "%GREE`IEVT., entered into this day of ,
197by 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 Council
of Governments, having its principal office at 330 North Andrews Avenue, Fort
Lauderdale, Florida 33311, AND The City of Tamarac
existing under and by virtue of the
laws of the State of Florida as a municipality
having its principal office at
5811 N.W. 88th Avenue
Tamarac, Florida 33321
to begin by the -first day of October 1978, and to end the thirtieth
day of September 1979 .
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 Department of Labor
are desirous of providing job training and employment opportunities 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
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below described activity relating to a reduction in unemployment within
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. Purpose
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, estab-
lishing a"method to guarantee equal employment opportunity
for all.
101.2 "Agent"' shall mean The City of Tamarac
101.3 "Amendment" shall mean that part of this Agreement execu-
ted simultaneously with or subsequent hereto which speci-
fically describes Agent's program and makes reference to
those sections of this Agreement applicable to the opera-
, `
tion of Agent's program, and/or amends this Agreement or
any Amendments hereto.
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101.4 "Audit" shall mean a systematic review to determine and report
whether Agent's financial operations are being properly con-
ducted, financial reports are being presented fairly and
applicable laws and regulations are being complied with.
101.5 "BETA" shall mean the Broward Employment and Training Admin-
istration.
101.6 "Capital Improvement" shall mean any modification, addition
or restoration which increases the value, usefulness, pro-
ductivity or serviceable life of an existing building,
structure or major item of equipment which would be classi-
fied as a fixed asset for accounting purposes.
101.7 "Career Employment Experience" shall mean an activity in
which in -school youth are enrolled providing for employment
through work experience or on-the-job training and transi-
tion services, for programs supported through Youth Employ-
ment and Training Program funds.
101.8 "CETA" shall mean the Comprehensive Employment and Training
Act of 1973, as currently amended.
101.9 "Certification" shall mean the process whereby an applicant
for a Public Service Employment position under Title VI is
deemed eligible by the Florida State Employment Service and
under Title II of CETA is deemed eligible by BETA. Proof of
eligilibility shall consist of a Certification Slip to be
provided by the certifying agency.
101.10 "Classroom Training" shall mean any training conducted in an
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institutional setting designed to provide individuals with
the technical skills and information required to perform a
specific job or group of jobs including the upgrading of
basic skills.
101.11 "Construction" shall mean the erection, installation, or
assembly of a new facility or a major addition, expansion,
or extension of an existing facility or site preparation,
excavation, filling, landscaping or other land improvements.
101.12 "DOL" shall mean the United States Department of Labor and
includes each of its operating agencies and other organiza-
tional units.
101.13 "Eligible Costs" shall mean those costs which are necessary,
reasonable and allowable under applicable Federal, State and
local law including the CETA regulations, for the proper
administration and performance of the services to be pro-
vided under this Agreement.
101.14 "Economically Disadvantaged" shall mean an individual who is
a member of a family which receives cash welfare 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, or 70% of the lower living standard
income level, whichever is higher, or is a foster child on
behalf of whom State or Local government payments are made.
101.15 "Exhaustee" shall mean an individual who has made a claim
for unemployment compensation and who has exhausted all the
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benefits to which the individual was entitled; and who is
seeking a PSE position under Title II or VI of CETA.
101.16 "Family" shall mean one or more persons living in a single
household who are related to each other by blood, marriage,
or adoption including a stepchild receiving 50% of his/her
support from the stepparent. Members of a household who
are over 18 years of age, who receive less that 50% of his/
her support from the family and who is not the head of the
household or the spouse of the head of the household shall
not be considered a member of the family.
101.17 "Family Income" shall mean the annualized sum of all money
received from all sources during the three (3) months pre-
ceding the assignment of the economically disadvantaged
classification on a participant's certified BETA Intake
Form, or PSE Certification Form; excluding non -cash income,
cash welfare payments, CETA stipends and one-time unearned
income, such as inheritances and insurance proceeds.
101.18 "FY" shall mean the fiscal year of BETA, which is October 1
through September 30 each year.
101.19 "In -School Program" shall mean a program providing for
Career Employment Experience and/or transition services
for programs supported through Youth Employment and Training
Program funds.
101.20 "In -School Youth" for programs supported with Youth Employ-
ment and Training Program funds shall mean a youth who
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(a) is currently enrolled full time in and attending
a secondary, trade, or technical vocational school
or community college, or
(b) is scheduled to attend the next regularly scheduled
quarter or semester of any of the schools described
in (a) above, or
(c) has not completed high school and agrees to enroll
in a school program leading to a high school diploma
or its equivalent.
101.21 "Job Restructuring" shall mean identifying the separate
tasks that comprise a job and developing a new position
with a career ladder which builds from the new position to
a regular job, for programs providing transition services
under Youth Employment and Training Programs.
101.22 "Low Income Housing" shall mean dwellings of individuals
whose incomes are at or below 125 percent of the poverty
level. These dwellings may be privately owned and owner
occupied, privately owned by a nonprofit organization or
units of public housing. For weatherization projects
funded and approved by fhe Federal Energy Administration
or the Community Services Administration, "low income
housing" shall include privately owned rental housing.
101.23 "Lower Living Standard" shall mean the income level deter-
mined annually by the Secretary of Labor based upon the
"lower living standard budget level" issued by the Bureau
of Labor Statistics.
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101.24 "Member of Immediate Family" shall mean, wife, husband,•
son, daughter, mother, father, brother, brother-in-law,
sister, sister-in-law, daughter-in-law, son-in-law,
mother-in-law, father-in-law, aunt, uncle, niece, nephew,
step-parent and step -child.
101.25 "Offender" shall mean any person, adult or juvenile who
is or has been confined in a correctional institution,
or is or has been assigned to a community based facility
or who is or has been subject to any stage of the judicial
correctional or probationary process.
101.26 "OJT" shall mean On -the -Job Training conducted in a work
environment.
101.27 "Participant" shall mean a person who meets the CETA require-
ments of eligibility and .the provisions as set forth there-
in and has been "intaken" into a BETA program.
101.28 "Program" shall mean the activities and services to be pro-
vided by the Agent under and pursuant to this Agreement.
101.29 "Project" shall mean an activity resulting in a specific
product or accomplishment which would not otherwise have
been done with existing funds and which will be completed
within one (1) year.
101.30 "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).
101.31 "Slot" shall mean an open ended employment position which
one (1) or several participants may occupy at different
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times within the same contract period.
101.32 "Special Veteran" shall mean an individual who served in the
armed forces in Indochina or Korea, including the water
adjacent thereto, between August 5, 1964 and May 7, 1975,
who received a discharge other than dishonorable.
101.33 "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.
101.34 "Transition Services" shall mean activities and services
designed to assist youth in making the transition from
school to unsubsidized jobs including but not limited to:
(a) outreach, assessment and orientation
(b) counseling
(c) activities promoting education to work transition
(d) providing labor market information
(e) literacy and bilingual training
(f) attainment of high school equivalency certificates
(g) job sampling
(h) institutional and on-the-job training
(i) job restructuring
(j) information regarding employment and training
opportunities
(k) job development, direct placement and placement
assistance.
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101.35 "Unemployed Person" shall mean a person who is without a job
and wants and is available for work according to applicable
CETA rules and regulations.
101.36 "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.
101.37 "Work Experience" shall mean a short term and/or part-time work
assignment with a public or private non-profit employer.
101.38 "YETP" shall mean Youth Employment and Training Programs.
101.39 "YCCIP" shall mean Youth Community Conservation and Improvement
toProgram.
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ARTICLE II: FISCAL MANAGEMENT
200. Compensation
200.1 The total budget for each program to be operated under this
Agreement shall be stated in the Amendment(s) attached hereto
or executed subsequent to the execution of this Agreement.
200.2 The budget for each Amendment shall be limited to:
(a) The operation of the program described therein.
(b) The Amendment period.
200.3 Funds will be made available tothe Agents by BETA on a reimburs-
able 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
Amendment.
to
201. Fiscal Controls
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201.1 Upon demand and/or within thirty (30) days prior to funding any
program or service, Agent shall allow BETA to evaluate Agent's
fiscal and personnel systems in order to be assured of Agent's
capability to manage the program or project funded by this Agree-
ment or any Amendment thereto.
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 or any Amendment thereto.
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201.3 BETA reserves the right to adjust the outflow of funds more or
less than originally anticipated up to the total amount of the
approved budget. BETA may deobligate or redistribute the funds
under this Agreement or any Amendment hereto, to alternate Agents
within Broward County, Florida to the extent that either the Agent
is not able tc perform effectively, or Agent's total program
costs will not be expended in accordance with the Budget Summary.
201.4 Agent agrees to institute fiscal controls as established by BETA
from time to time so as to -be- able to- satisfactorily account
for all monies spent in conjunction with each separate project,
the project cost in administrative overhead where applicable and
participant wages and concomitant fringe benefits.
201.5 Agent- agrees and understands that funds allocated to Agent under
this Agreement or any Amendment or Modification thereto are
conditioned upon the CETA funds received by BETA. BETA, therefore
reserves unto itself the right to unilaterally deobligate, modify
or amend Agent's budget or if necessary suspend or terminate this
Agreement or any Amendment thereto instantaneously and as may be
necessitated by BETA's FV 79 funding levels. In such instances
costs will be reimbursed up'to the date of cancellation only;
thereafter neither BETA nor Agent shall have any obligations
whatsoever to complete or otherwise continue the Program.
202. 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,
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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 may at BETA's
discretion, forfeit their right to receive payments for each day
that these forms are delinquent. Forfeited payments shall be
determined by deducting a pro rata amount based on Agent's monthly
FSR for each day that the forms are late. Reimbursement requests
submitted after the close of the grant period shall be honored at
the discretion of BETA.
202.4 In no case shall salaries and concomitant fringe benefits be paid
in advance of work performed or services rendered.
202.5 The Agent shall be liable to BETA for any unauthorized costs
incurred in the operation of the Program not in accordance with
the stipulations under this Agreement or any Amendment thereto and
for CETA as it applies to Agent's program and the Title under which
it is funded and the rules and regulations pertaining thereto.
202.6 In the case of a request for reimbursement of expended costs incurred
in the acquisition or leasing of capital and expendable equipment
as approved by BETA and delineated in Agent's budget summary, Agent
shall be required to comply with Section 205, Property Management,
of this Agreement.
203. The Budget Summary
203.1 The Budget and Summary attached to each Amendment is incorporated
into and made part of this Agreement.
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203.2 For PSE Modifications there shall be an Occupational portion which
shall reflect the projected monthly salary and fringe benefits break-
down for each participant based on the Agent's official salary
schedule for a comparable position. The budget portion shall be
consistent with the Occupational portion; any change in the
Operational portion requires concurrent alteration in the Budget
portion where necessary to maintain consistency between the two
(2) sections.
204. Administrative Costs
204.1 If Agent is awarded administrative costs for salaries and fringe
benefits in order to operate a program or project funded under this
Agreement or an Amendment thereto, documentation in the form of time
cards shall be kept indicating the time spent by each individual, for
whom reimbursement for administrative costs are being requested, in
administering the particular CETA/BETA funded activity.
204.2 Agent shall not apply CETA administrative funds to support programs
or activities for any persons other than CETA enrollees.
205. Property Management
205.1 Tangible property leased or purchased with CETA funds, including
personalty or realty shall be used only in implementing the CETA/BETA
program funded by this Agreement or any Amendment thereto.
205.2 If Agent plans to lease, rent, lease purchase or buy property:
a. Where the property is in excess of fifty ($50.00) dollars
but under five hundred ($500.00) dollars, Agents agrees to
solicit written quotations by phone from at least three different
sources. (A refusal to quote a price may be considered a bid for
purposes of this section if properly documented).
b. Where the property is in excess of five hundred ($500.00) dollars,
Agent agrees to advertise and receive formal sealed bids.
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c. Upon selection of a vendor Agent shall attach a copy of the
invoice along with copies of the bids to Agent's monthly FSR.
Reimbursement shall be conditioned upon attachment of these
documents to BETA Form 66.
d. If Agent has developed a purchasing system which it wishes to
utilize place of the system outlined in 205.2 (b) and (c)
above Agent shall submit a copy of its Purchasing Procedure to
the BETA Executive Director and request a formal waiver of the
bid system herein described. The request will be reviewed and
a formal reply by the Executive Director approving or
disapproving the procedures will be issued within thirty (30)
days following receipt of the request.
205.3 Expenditures for consultant fees, space rental, insurance, data
processing, and purchases with a per unit cost of one thousand
($1000.00) dollars or more are allowable only with DOL approval.
a. Prior to expending funds for any of the items described in
Section 205.3 Agent shall request written permission from BETA.
BETA will then contact the Department of Labor and will inform
Agent as to whether or not the expenditure of funds for the
particular line item has been approved. Agent shall not take
steps to acquire the -property prior to obtaining a copy of the
DOL approval letter from BETA.
205.4 BETA shall provide Agent with inventory tag numbers for property
purchased with funds granted to Agent under this Agreement, following
receipt by BETA of Agent's FSR, which Agent shall attach to the
property.
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205.5 Agent shall provide insurance coverage for all property purchased
with BETA/CETA funds in the event of loss or damage and shall name
BETA as the insured with regard to such property.
a. Any loss, theft, or damage to BETA property along with the
property's inventory tag number shall be reported to BETA and
the local police department as soon as possible following
discovery of the loss, theft, or damage.but in any case not
longer than thirty (30) days following the actual loss, theft,
or damage.
b. Any recovery made by Agent following a report to Agent's insurer
of loss, theft or damage shall be reported to BETA. BETA will
then inform Agent as to whether or not it may use the funds to
replace the property or wishes the monies to be returned to BETA
directly.
205.6 Thirty (30) days prior to the end of this Agreement Agent shall
present BETA with a physical inventory of all property purchased
with BETA funds during this Agreement period. The physical inventory
shall contain a reference to the Amendment number under which funds
were allocated to make the purchase and the BETA inventory tag number.
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ARTICLE III: GENERAL CONDITIONS
300. Grant Applications
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 approval
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 an Amendment.
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 having
any conflict of interest shall be employed. Any interest on the part of
the Agent of 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 Activitv
302.1 None of the funds, or services granted by the DOL or contributed
by BETA to the Agent under this Agreement shall be used in the
performance therein for any partisan political activity, or to
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further the election or the defeat of any candidate for public
office, within the constraints of the Hatch Act (5 USC 1501) or
the Federal Campaign Acts Amendment of 1974 (PL 93-433).
302.2 Moreover, the Agent shall not select, reject, or promote a partici-
pant 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. Equal 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.
304.2 It is understood and agreed that Agent shall develop an Affirmative
Action Plan and submit it to BETA simultaneous with its grant
application or within sixty (60) days of execution of this Agreement.
304.3 If Agent fails to submit a plan, the Model Affirmative Action
Plan and its attachments, attached to this Agreement as Exhibit
shall apply to Agent's Organization.
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 hereunder, shall
clearly indicate that the Program is funded by the DOL through BETA as the
contractor and the Agent as the contractee.
306. Subcontracts
306.1 Any and all subcontracts and other legally binding Agreements necessary
and pursuant to the implementation of the terms and conditions under
this Agreement, including but not limited to consultant contracts
entered into between the Agent and other organizations
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and groups, are subject to prior written approval by BETA.
306.2 Any work or services subcontracted hereunder shall be executed in
writing and shall be subject to each provision of this Agreement.
306.3 All subcontracts shall be subject to Federal, State and local
laws and regulations.
307. 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 any Amendment thereto including changes in
the number of participants or a shift of funds between line item
categories it shall be done pursuant to a written agreement.
307.2 Any alteration which shall result in a programmatic change including
but not limited to changes in job slot designations or budget shifts
which do not alter the amount of a budget category shall be made by
letter, initiated by the party desiring 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 Amendment.
307.3 BETA may unilaterally amend this Agreement to conform to changes in
Federal, State or local law$, rules and regulations. Such changes
shall become effective upon.receipt by the Agent of a Field Memorandum
or letter informing the Agent of such unilateral changes signed by an
appropriate BETA representative.
307.4 BETA may be required to adjust the maximum amount of compensation
under this Agreement or any Amendment thereto if BETA's funding is
altered by the DOL. This adjustment will be based upon the availability
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of funds for the total CETA grant, and will be subject to the
rate and total of allowable e_ oenditures and encumbrances of the
Agent as approved by BETA and compliance by the Agent to the terms
and conditions of this Agreement.
308. Notice
308.1 All notices required to be given to BETA under this Agreement shall
be sufficient when hand delivered or mailed to BETA at its office at
330 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
310.1 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 Amendment(s) wherein the program operation and the
applicable BETA Title enabling the funding of such program
is set forth.
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(b) The updated grant application reflecting the actual program
as approved by the BETA Council and attached to each Amendment.
(c) The updated Budget and Occupational Summary (when applicable)
(d) Affirmative Action Plan
(e) The Assurances and Certifications (attached hereto)
(f) Any and all subsequent documents, including, but not limited
to Amendments, letter amendments which have been approved by
BETA staff as per Council policy and BETA Field Memoranda.
310.2 The above documents will be maintained on file at the BETA offices.
One copy of the Agreement documents will be furnished to the Agent by
BETA.
311. Vested Powers
All powers not explicitly vested in the Agent by this Agreement remain with
BETA.
312. Disputes
312.1 Agent and BETA agree to attempt to resolve disputes arising from
this Agreement by administrative process and negotiations in lieu
of litigation. Agent agrees to continue performance under this
Agreement while pursuing resolution of any dispute which may arise.
312.2 Any dispute concerning a question of fact arising under this
Agreement which is not settled by informal means shall be decided
by the BETA Executive Director who shall reduce his decision to a
writing and mail or otherwise furnish a copy thereof to the Agent.
312.3 Agent may appeal any decision made under Section 312.2 and shall be
afforded an opportunity to be heard and to offer evidence in support
of its appeal as per the BETA administrative procedures, a copy of
which may be obtained upon request from BETA. Pending final decision
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313.
.t
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of a dispute hereunder, the Agent shall proceed diligently with the
performance of this contract and in accordance with BETA's decision.
312.4 This "Disputes" clause does not preclude consideration of law
questions in connection with decisions provided above. Provided that
nothing in this contract shall be construed as making final the
decision of any administrative official, representative, or board
on a question of law.
313.1 This Agreement may be terminated as follows:
a. BETA or Agent may request a termination for convenience upon
thirty (30) days prior notice to the other. Agent will be
entitled to receive just and equitable compensation for services
performed hereunder through the date of termination.
b. BETA may terminate this Agreement at any time that the BETA
authorized representative, which shall be the Executive Director
determines that (1) Agent has failed to provide any of the
services Agent has contracted to provide; or (2 ) Agent has
failed to comply with any of the provisions contained in this
Agreement or any Amendment hereto; or (3) Agent fails to
perform in whole or in part under this Agreement or fails to
make sufficient progresq so as to endanger performance of
Agent's obligations to operate the contracted for programs.
313.2 If BETA elects to terminate this Agreement under the provisions
set forth in Section 313.1 (b) above, BETA shall notify Agent of
its intent to terminate the Agreement in writing, and Agent
shall then have ten (10) working days in which to respond
with a corrective plan. Failure to respond with a corrective
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plan acceptable to BETA shall result in the issuance of a termination
notice to the Agent which will become effective within thirty (30)
days following the end of Agent's original time to respond.
313.3 BETA may suspend payment to Agent at any time that the BETA Executive
Director has sufficient cause to seek termination of this Agreement
as described in Section 313.2 Such suspension may occur immediately
upon the discovery of any breach of this Agreement and shall continue
until Agent has fully satisfied BETA to the effect that cause no
longer exists to terminate this Agreement.
313.4 The Agent shall have the right to appeal any determination to
terminate made by BETA, except that if Agent has failed to submit his
appeal within 30 calendar days from the date of the termination
notice and has failed to request extension of such time, he shall
have no such right of appeal.
313.5 If Agent wishes to appeal a decision to terminate, Agent shall comply
with the BETA Administrative Procedures for Appeal, available to
Agent upon request.
313.6 In the event of a termination not for convenience, the Agent shall be
paid for services rendered up to the date of termination, however
from the amount due there shall be deducted:
a. all unliquidated advances or other payments on account
theretofore made to Agent which is applicable.to the terminated
portion of this subagreement;
b. any claim which the prime sponsor may have against the Agent
in connection with this contract; and
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c. the agreed -for price for, or the proceeds of the sale of,
any materials, supplies, or other things acquired by the.
Agent or sold, pursuant to the provisions of this clause
and not otherwise recovered by or credited to the prime
sponsor.
313.7 In the event of a termination for cause, Agent shall be liable to
BETA for damages sustained by BETA by virtue of any breach of this
Agreement by the Agent.
314. Maintenance of Effort
314.1 Employment funded under this Agreement or any Amendment hereto
shall only be in addition to employment which would otherwise be
financed by the Agent without assistance under this Agreement.
314.2 To assure maintenance of effort, the 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.
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d. Should Agent seek to employ a participant in a position
described in 314.2 (b) or (c) above, Agent shall be required
ob to submit documentation to BETA stating why the use of CETA
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 expira-
tion 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
webudget which consequently reduces the size of its non-CETA work
force. If the Agent obtains advanced written permission from BETA,
the Agent may enroll such laid -off employees provided that such
laid -off employees meet the eligibility requirements- of BETA AND
PROVIDED FURTHER THAT the number of Agent's employees re -hired under
CETA does not exceed the permissible limit set by 29 CFR 96.24.
314.4 If the Agent is conducting a Youth Program under Title III of CETA,
Agent shall also assure that;
a. Its program will be providing additional resources, activities
and services over and above Agent's current level to result
in an impact on the employment problems of youth.
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b. Its program will not result in the displacement of currently
employed workers.
C. It will not substitute Title III funded CETA jobs for existing
federally assisted jobs.
d. It will not employ any youth when any person is on layoff
by the employer from the same or any substantially equivalent
job in the same area;
e. Agent will not employ any person to fill a job opening created
by laying off or terminating the employment of any regular
employee, or otherwise reducing the regular work force, in antici-
pation of filling vacancies by hiring youth to be supported under
Title III of CETA.
f. It will not infringe upon the promotional opportunities which
would otherwise be available to persons currently employed in
public service not subsidized under CETA.
g. It will not permit a job to be filled in other than an entry-level
position in each promotional line until applicable personnel pro-
cedures and collective bargaining agreements have been complied
with.
h. Where job restructuring will occur or where new classifications
will be developed, they will not be done in order to negate
established personnel procedures or to displace currently employed
workers.
315. 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
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an administrative 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 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, father-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 insurance
and bonding specified below.
316.1 Workmen's Compensation, as required by Chapter 440, Florida Statutes,
on all employees to be engaged under any Amendment,but .excluding
is
those employees who may be termed work experience or classroom
training 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 negligence basis, including
Contingent Liability, in amounts equal to what is provided for regular
employees per person, per occurrence for bodily damage, and per
occurrence for property damage. If Agent is self -insured, these
amounts shall be determined by the amounts set aside in Agent's
budget to cover such occurrences.
316.3 Fidelity Insurance in the amount of this Agreement. Such Honesty
Bonds will cover those employees in positions allowing for access
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to or control of Program funds. The Agent will reimburse BETA
for any loss incurred by BETA under this Agreement with the Agent,
whenever possible Agent shall cite BETA as the named insured in its
Blanket Honesty Bonds.
316.4 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, type and.
classifications specified in this Section.
316.5 The Agent understands and agrees that it is an independent contractor
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.
317. Application of the Davis Bacon Act to programs operated under this Agreement.
317.1 Agent agrees to apply Davis Bacon wage rates to projects funded
under this Agreement where the project cost is greater than two
thousand ($2,000) dollars and involves construction alteration or
repair including painting and decorating of buildings, projects,
and works which are not ordinarily done by Agent's regular work
force, except that Davis Bacon shall not apply to Title I, II and III
programs funded entirely by CETA and to certain Title VI activities.
317.2 Prior to making any determination not to pay Davis Bacon wages for
any construction type program funded by this Agreement, Agent shall
request a waiver from BETA.
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ARTICLE IV: PROGRAM IMPLEMENTATION
400. Responsibilities of the Agent
400.1 The Agent shall have the administrative responsibility for
developing, overseeing, and monitoring the Agreement as outlined
herein.
400.2 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.
400.3 Agent shall furnish BETA with a project report following the comple-
tion of each of its funded programs within a reasonable time following
the termination of this Agreement.
400.4 Agent shall allow BETA to conduct onsite evaluations to ensure contract
compliance.
400.5 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 for all project funds, both Federal and non -Federal shares,
received and disbursed on the schedules required by BETA.
400.6 Agent shall make original and/or certified copies of any reports,
plans, surveys, information, documents, maps or other data produced
or developed by Agent in execution of the project funded by the
Agreement,avai_lable to the BETA, the Comptroller General of the United
States and/or the DOL at any time upon reasonable notice for the
purpose of..audit, examination, excerpts, and transcripts; even though
Agent may at the time of the request no longer be operating programs
19 for BETA.
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400.7 Agent shall keep copies of all records and accounts pertaining to
the operation of this Agreement or any Amendment hereto 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.
400.8 Agent shall maintain all records pertaining to any property with a
unit cost of fifty ($50) dollars or more -for three (3) years
following final disposition of that property. For purposes of this
section, final disposition shall include a return of the property
to BETA. Any property returned to BETA must be accompanied by
all original records or certified copies thereof pertaining to the
property.
400.9 The retention date of records described in Sections 400.5 through
400.8 above shall commence with the submission of Agent's final expendi-
ture report for each program funded by this Agreement.
400.10 In the event of the voluntary or involuntary dissolution of Agent's
organization, Agent shall inform BETA of its intent to dissolve within
a reasonable time following Agent's decision to dissolve and prior
to actual dissolution. BETA may then arrange to conduct an immediate
audit of Agent's program(s)rand/or request that provisions be made
for preservation of all records pertaining to the program(s) funded
by this Agreement and any amendments :hereto.
400.11 Agent shall be responsible for submitting the FSR within the time
frame stated herein.
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401. Responsibilities of BETA
401.1 BETA shall be responsible for informing the Agent of pertinent
19 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.
G=i
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w ARTICLE V: PROGRAM OPERATION
do500. Amendments
500.1 Upon the approval of a grant application by the BETA Council, an
Amendment will be drafted simultaneous with or subsequent to this
Agreement.
500.2 Amendments 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 tunc be incorporated into and become a part of this
Agreement along with any and all attachments thereto.
501. Amendment Authorization
501.1 Agent shall designate an Administrative official within Agent's
organization who shall have the authority to negotiate and con-
summate Amendments 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 Amendment.
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ARTICLE VI: PROGRAM OPERATIONS FOR
PROGRAMS FUNDED THROUGH TITLE I OF
CETA
600. General Obligations
600.1 BETA shall be responsible for participant intake and assessment
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 BETA's request or whenever it has been determined that a component
of Agent's program or the entire program is not adequately meeting
the needs of Title 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,
so
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 shall permit its staff to work with BETA staff on an outstation
basis for at least ten (10%)percent of actual work time.
600.5 Agent agrees to provide general liability insurance for participants
and to indennify 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 Compen-
sation as stipulated below, regardless of whether participant is under
Agent's supervision as a result of a financial or non -financial Agree-
went/Amendment between the Agent and BETA.
19
Page 32 of 56
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600.6 BETA will supply participant's wages including reimbursement to
employers of the extra -ordinary training costs as particularly
set forth in each OJT contract.
601. Classroom Training/Title I Programs
601.1 Agent's Responsibilities
a. Agent agrees to design classes which are open entry/
open exit or which permit frequent entry during the
contract period.
b. Agent shall be responsible for verifying, collecting and
transmitting participant's time sheets in the manner and
within the time frames established by BETA.
c. Agent shall be responsible for distributing participant
paychecks.
d. Agent understands that participants are paid based upon
hours in attendance in the classroom; therefore whenever a
holiday is anticipated or integrated within Agent's work
program, Agent 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.
e. Agent shall develop a course outline which shall minimally
contain job titles from the Dictionary of Occupational Titles
applicable to the, skills to be taught, skills to be acquired,
proficiency level to be attained for each skill at mid -point of
training and upon course completion, method of monitoring and
evaluating skill acquisition, and a broad content description.
Page 33 of 56
f. Agent agrees to make its resources for placement activity
available to participants who successfully complete the program.
g. Agent agrees to monitor and report on participant progress.
Such reports may be in a form developed by Agent, but the format
must be approved by BETA staff.
601.2 BETA's Responsibilities
a. BETA shall be responsible for providing Workmen's Compensation
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, suppor-
tive services to the participant throughout the program.
602. Work Experience/Title I Programs
602.1 Agent's Responsibilities:
a. Agent agrees to work with BETA staff in developing training
plans for each training slot on BETA Training Plan forms.
b. Agent agrees to fill out a Training Report form each month
for each individual participant. Agent shall be responsible for
adhering to the plan and for rating the participant's perfor-
mance in each of the training plan's "Skills Learned" section.
-
A copy of each participant's training plan and performance grade
shall be submitted to the appropriate BETA counselor at the end
of each month of the training program's duration.
c. Agent shall be responsible for distributing participant paychecks.
Page 34 of 56
d. Agent agrees to hire sixty percent (60%) of all participants
who successfully complete training, or in the alternative
guarantees that it will place sixty percent (60%) of all
participants who successfully complete training in un-subsidized
employment positions provided that Agent has vacancies in regularly
budgeted positions that utilize the type and level of skills
learned by participants.
e. Agent agrees to provide training slots, each of which shall be
located within Agent's own organization unless BETA -has waived
this requirement in writing.
f. Agent shall be responsible for monitoring, verifying, collecting
and transmitting participant's time sheets to BETA, in a manner
and within the time frames established by BETA.
g. Agent agrees to monitor and report on participant progress.
Such reports shall be done on a monthly basis and will be in a
form developed by Agent and approved by BETA staff.
h. Agent shall provide work habituation skills as an integral part
of training. The method of such skills provision is to be con-
tained in the training plan.
Work habituation includes but is not limited to developing and
monitoring the following:
(i) Punctuality, self -responsibility (job retention qualities
and skill improvement).
(ii) Rapport with co-workers and authority figures.
(iii) Appropriate dress and hygiene.
(iv) Ability to follow instructions (written and verbal).
Page 35 of 56
(v) Completion of time sheets.
(vi) Quality of work.
602.2 BETA's Responsibilities:
a. BETA shall be responsible for providing Workmen's Compensa-
tion 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 Agent's Responsibilities
a. Agent shall develop at least two hundred and fifty (250) new
g P y
OJT slots by the end of the ninth month following the start of
its OJT Program, and shall attempt to develop at least sixty-
two (62) slots each quarter.
b. Each OJT slot shall minimally be required to correspond with
semi -skilled job levels (SLC 20 or above) as defined in the
Dictionary of Occupational Titles, published. by the U.S. DOL.
Training time for participants shall be based on S.V.P. codes.
c. Agent shall submit a report at the start of its program and
4 every three (3) months thereafter so as to verify its plans to
accomplish 603.1 (b) above.
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d. Agent agrees to do all preliminary negotiations with prospective
employers including the development of a training plan for each
job slot and shall follow BETA/CETA procedures for determining
and documenting employers' extra -ordinary training costs and
ability to train effectively; this work will then be submitted
to the BETA/Marketing Division which will complete the contracting
process.
e. Agent agrees to maintain BETA, FY'78 OJT slots throughout the
course of this Agreement.
f. Agent agrees to monitor all participants hired through Agent's
efforts into an OJT slot and to conduct a programmatic follow-up
for each participant at the halfway point in participant's train-
ing as indicated by the Training Plan.
g. Agent agrees to fill out Training and Employment, On -the -Job
Training Termination notices each time a participant placed by
Agent terminates prior to the completion date as stated in the
Training Plan.
h. Agent agrees to allow its staff members to work with BETA staff
and, Agent's staff shall report 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.
Page 37 of 56
J. Agent understands that it may only negotiate with employers to
pay the extraordinary costs of training a participant.
603.2 BETA's Responsibilities
a. BETA shall be responsible for hearing and resolving all grie-
vances concerning a participant's performance in the program.
b. BETA shall be responsible for providing counseling and suppor-
tive services to the participant throughout the program.
c. BETA shall finalize the contracting process with employers
following Agent's preliminary negotiations.
604. 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
to whose parents or legal guardians are eligible CETA participants
enrolled in an approved BETA 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 Minimum Standardsfor Health Care Programs, whichever is
more stringent. Title XX child care centers should be utilized
for services to participants wherever possible.
Page 38 of 56
e.
Agent agrees to ascertain that the centers in which eligible
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 do not belong to persons currently enrolled in an
approved BETA activity, and that should BETA be incorrectly
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 off 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 indgpendently 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
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4. Facilities for handicapped children
5. Facilities for primary school age children, after
school, and during school vacations.
j. Child Care Centers employed by Agent should be capable of
providing services during holiday periods when BETA partici-
pants are in training.
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 economically disadvantaged.
605.3 Selection Procedure - The Agent shall be responsible for:
a. 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 information
on which this documentation is based. The Agent shall also retain
for the Agreement term the applications of persons not selected
for participation and the reasons for their non -selection.
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b. Selection and treatment of certified participants in
accordance with Agent's personnel rules.
c. Supplying BETA with a copy of their personnel rules.
d. Retaining applications of persons not selected for partici-
pation and reasons for their non -selection.
e. Maintaining adequate documentation of participants, which
documentation shall consist of signed and dated complete
applications for employment, including the last date of
participant's employment, and which attests that the infor-
mation 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 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 Employment
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.
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During this forty-eight hour period, BETA and the FSES will only
refer veterans who meet the Selection criteria in Section 605.2
Where the FSES and BETA have none to refer, the FSES and BETA will
refer non -veterans during this 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 42 of 56
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r
ARTICLE VII:
PROGRAM OPERATIONS FOR PROGRAMS FUNDED BY TITLE II OF CETA
RESERVED pending re-enactment. of the FY'79 CETA Legislation
and the Regulations promulgated thereunder. See your indivi-
dual Program Amendments for contract sections governing present
PSE program operations.
Page 43 of 56
ARTICLE VIII: ,
PROGRAM OPERATIONS FOR PROGRAIrIS FUNDED BY TITLE VI OF CETA
to I
RESERVED pending re-enactment of the FY'79 CETA Legislation
and the Regulations promulgated thereunder. See your indiv-
dual Program Amendments for contract sections governing present
PSE program operations.
to
Page 44 of 56
T
W
M
YOUTH PROGRAMS OPERATED JJNDER TITLE III
900. General Obligations
900.1 BETA shall be responsible for participant intake and assessment
including a determination as to an applicant's eligibility.
900.2 In order to ascertain the effectiveness of Agent's program, Agent
agrees to allow the appropriate BETA staff the opportunity to
observe Agent's program.
900.3 Upon BETA's request or whenever it has been determined that a
component of Agent's program or the entire program is not adequately
meeting the needs of Title III participants because of;
a. A determination made based on 900.2 above, or
b. An inability of the Agent to deliver the service specified
in its proposal.
Agent agrees to meet and work with BETA staff in correcting or
improving those elements in its program which have been isolated.
900.4 Agent agrees to provide general 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 participant
is under Agent's supervision as a result of a financial or non-
financial Amendment between the Agent and BETA.
900.5 BETA will supply participant's wages and or allowances whichever is
appropriate including reimbursement to employers of the extra-
Page 45 of 56
ordinary training costs as particularly set forth in each OJT
contract.
900.6 If Agent, as part of its program, will be placing participants in
an On -The -Job Training activity with a private employer, Agent
will use the BETA, OJT contracting process.
900.7 Agent shall permit its program staff to work with BETA staff on
an outstation basis for at least ten percent of their actual York
time.
901. Operation of YCCIP Funded Programs
901.1 Agent shall assign YCCIP participants to employment activities
within their organizations which may include the rehabilitation or
improvement of public facilities, neighborhood improvements, weatheri-
zation and basic repairs to low income housing, energy conservation
for solar energy projects and conservation, maintenance or restora-
tion of natural resources of non-federal, publicly held land.
901.2 Participant Eligibility - An applicant to YCCIP will be eligible if
at the time of enrollment the individual is
a. between 16 and 19 years of age and
b. unemployed and
c. resides within any jurisdictional area located within Broward
County.
d. Applicant must not have dropped out of school in order to
participate in the program.
901.3 Inter -title Transfer from other CETA Programs into YCCIP will be
allowable if applicant was unemployed at the time of enrollment into
the other CETA program.
Page 46 of 56
901.4 Agent agrees to actively recruit, select and hire the handicapped.
a. Agent shall strive for a goal of ten percent (10%) hiring of
handicapped.
b. Agent shall be able to evidence its recruitment and selection
procedures by making available to BETA all documentation
relative to its recruitment and hiring procedures.
901.5 Agent agrees to make a list mf participant programs and training
slots available to Veterans' Organizations in order to ensure
increased participation of qualified disabled veterans and qualified
Vietnam -era veterans.
901.6 Special Assurances which Agent will comply with in addition to those
attached to the Basic Agreement Shell which include compliance with the
Prime Sponsor Agreement are:
a. The Youth Employment and Demonstration Projects Act of 1977 and
applicable CETA rules and regulations which can be found in the
Code of Federal Regulations Section 97.601-97.631 and Volume 29
Subparts G and H.
b. The Hazardous Occupation Order issued pursuant to the Fair Labor
Standards Act (29 CFR 570.50) with respect to the employment of
youths under 18 years of age, and
c. The Child Labor Standards.Act, (CFR 570.35) with respect to
employment of youths aged 14 and 15.
d. Any person hired to supervise youth shall not impede the promotional
rights of existing employees; and
e. Local labor organizations who represent employees engaged in work
similar to that proposed to be performed by participants are
notified in writing of all wage rate and job classification changes.
Page 47 of 56
to
901.7 Agent shall assign a supervisory person for every group of twelve
(12) youths employed by Agent.
901.8 Agent shall be responsible for:
a. Selection of participants only from those applicants who
carry approved certification referral slips.
b. Selection and treatment of certified participants in accordance
with Agent's personnel rules.
c. Supplying BETA with a copy of their personnel rules.
d. Retaining applications of persons not selected for partici-
pation and the reasons for their non -selection.
e. Maintaining adequate documentation of participants, which
documentation shall consist of a signed and dated complete
application for employment, including the last date of partici-
pant's employment, and which attests that the information 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.
901.9 BETA shall be responsible for:
a. Certifying YCCIP job applicants based on the criteria as listed in
Section 901.2 as herein described.
b. Supplying applicants with proof of certification in the form of
a signed referral slip.
901.10 If Agent knows or should have known that a participant currently
enrolled may not be eligible for the program in which he/she is
enrolled, Agent shall contact BETA immediately. Failure to do so
Page 48 of 56
shall result in a shift of responsibility, for eligibility from BETA
to the Agent from the date that Agent knew or should have known of
participant's possible ineligibility.
901.11 Agent shall obtain Nepotism Disclaimers from all participants as
they enter Agent's employ and shall forward these disclaimers to
BETA along with participant's intake records.
901.12 The wage or salary paid to the employees funded by this Agreement
shall be within the range established for this position or class title
in the Agent's official salary schedule or personnel rules and regula-
tions.
901.13 The payments shall not result in expending more than the total
program budget.
901.14 Agent agrees not to intake persons who will be working part-time
without BETA approval.
to901.15 Agent agrees to release participant in order for him/her to take
part in job search and classroom training activities which will aid
participant to secure unsubsidized employment upon BETA's request.
901.16 Participants may not participate in any YCCIP Program for more than
twelve (12) months during which time they may not have experienced
more than two (2) terminations and re -enrollments.
901.17 A list of job openings shall be made available by the Agent to Veterans'
Organizations in order to ensure increased participation of qualified
disabled Veterans and qualified Vietnam era Veterans.
902. Operation of YETP Funded Programs
902.1 The purpose of YETP programs shall be to enhance the job prospects and
career opportunities of young persons to enable them to secure
unsubsidized employment.
902.2 Participant Eligibility - An applicant will be eligible for a YETP
Page 49 of 56
M
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funded position if at the time of application applicant is:
a. Unemployed as defined in Article I, (Section 101.35 ) or
b. In -School, as defined in Article I, (Section 101.19 ) and
c. Sixteen through twenty-one years of age and
d. is a member of a family with a total family income at or
below 85 percent of the lower living standard income level.
e. If applicant is to participate in an in -,school career employment
experience, the youth must need the program participation in
order to continue his/her education.
f. Applicant must not have dropped out of school in order to become
a participant in the program.
g. Youth between the ages of 14-15 may be deemed eligible if approved
by BETA prior to intake into a program.
902.3 Intertitle Transfer of Participants from other CETA Programs into
YETP - Individuals may transfer from other CETA programs into YETP
if the individual met the eligibility requirements of Section 902.2
at the time of enrollment into his/her original program.
902.4 Agent agrees to make a list of participant programs and training
slots available to Veterans' Organizations in order to ensure increased
participation of qualified disabled veterans and qualified Vietnam -era
veterans.
902.5 Agent agrees to comply with the following Special Assurances in
addition to those attached to the Basic Agreement:
a. the Youth Employment and Demonstration Projects Act of 1977
b. the Hazardous Occupation Order issued pursuant to the Fair
Labor Standards Act (29 CFR 570.50) with respect to the
Page 50 of 56
employment of youths under 18 years of age, and
c. the Child Labor Standards, (29 CFR 570.31) with respect to
employment of youths aged 14 and 15
d. that written notification of all wage rate and job classifica-
tion changes shall be sent to local labor organizations repre-
senting employees engaged in work similar to that to be performed
under this Agreement.
902.6 Vocational Exploration Programs
a. Agent's Responsibilities
1. Agent shall obtain approval of any labor organization
representing employees in any affected collective bargaining
unit.
2. Agent shall not assign youth to activities which are the
subject of a labor dispute.
3. Agent shall develop a detailed curriculum which shall be
attached to and become a part of this Agreement or any
Amendment thereto.
4. Agent shall not assign youth to positions which will result
in the displacement of currently employed workers or which
will prevent the hiring of new workers.
b. BETA's Responsibilities
1. BETA shall be responsible for participant allowances.
2. BETA shall provide Workmen's Compensation for all participants.
902.7 Classroom Training Programs
a. Agent's Responsibilities
1. Agent agrees to design classes which are open entry/open exit
or which permit frequent entry during the contract period.
Page 51 of 56
6. Agent agrees to monitor and report on participant progress.
Such reports shall be done on a monthly basis and will be
in a form developed by Agent and approved by BETA staff.
Agent shall provide work habituation skills as an integral
part of training. The method of such skills provision is
to be contained in the training plan.
Work habituation includes but is not limited to developing
and monitoring the following:
i. Punctuality, self -responsibility (job retention qualities
and skill improvement).
ii. Rapport with co-workers and authority figures.
iii. Appropriate dress and hygiene.
iv.. Ability to follow instructions (written and verbal).
v. Completion of time sheets.
vi. Quality of work.
b. BETA's Responsibilities:
1. BETA shall be responsible for providing Workmen's Compen-
sation coverage for all participants enrolled with Agent
in its Work Experience Program.
Z. BETA shall be responsible for hearing and resolving all
grievances concerning a participant's performance in the
program.
3. BETA shall be responsible for providing counseling and
supportive services to the participant throughout the program.
4. BETA shall be responsible for payment of participant wages.
Page 54 of 56
902.9 On The Job Training/Title III Programs
a. Agent's Responsibilities:
1. Each OJT slot shall minimumly be required to correspond
with semi -skilled job levels (SLC 20 or above) as defined
in the Dictionary of Occupational Titles, published by the
U.S. DOL. Training time for participants shall be based on
S.V.P. codes.
2. 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 (i.) above.
3. Agent agrees to do all preliminary negotiations with
prospective employers including the. development of a
training plan for each job slot and shall follow BETA/CETA
procedures for determining and documenting employers' extra-
ordinary training costs and ability to train effectively; this
work will then be submitted to the BETA/Marketing Division which
will complete the contracting process.
4. Agent agrees to monitor all participants hired through Agent's
efforts into an OJT slot and to conduct a programmatic follow-
up for each participant at the halfway point in participant's
training as indicated by the Training Plan.
5. Agent agrees to fill out Training and Employment On -The -Job
Training Termination Notices each time a participant placed
by Agent terminates prior to the completion date as stated in
the Training Plan.
6. Agent agrees to allow its staff members to work with BETA
staff and, Agent's staff shall report and meet with the
Page 55 of 56
Training and Employment Director and the BETA Marketing
Division at mutually agreed upon intervals.
7. 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.
8. Agent understands that it may only negotiate with employers
to pay the extraordinary costs of training a participant.
b. BETA's Reponsibilities
1. BETA shall be responsible for hearing and resolving all
grievances concerning a participant's performance in the
program.
2. BETA shall be responsible for providing counseling and
supportive services to the participant throughout the program.
3. BETA shall finalize the contracting process with employers
following Agent's preliminary negotiations.
4. BETA shall reimburse OJT employers for the extraordinary
training costs.
902.10 In -school programs may additionally provide for Transition Services
as defined in Article I, Section 101.34 or Career Employment
Experience as defined in Article I, Section 101.7
i
Page 56 of 56
IN WITNESS THEREOF, the parties hereto have made and executed this
documment on the respective dates under each signature: City of Tamarac
(Agent's name)
through its CIty Council
(--7o•:ernin-, etc.)
si yin? by and throu'7h its Mayor a.nd City Manager authorize` to execute same
(Authorized signatory)
by: CIty Council action on the c�,'xI-)2- day of
(GoverningBody)
197 and the Broward Employment and Training Administration, signing by and
through its Chairman, duly authorized to execute same by Council action on the
14th day of September 1978 at Meeting No. 53
AGENT: The City of Tamarac THE BROWARD EMPLOYMENT AND TRAINING
ADMINISTRATION, A GOVERI Ni,1ENTAL
5811 N.W. 88 Avenue CON UM OF THE CITIES OF FORT
UDERD E AND HOLLYWOOD, AND
Tamarac, lorida 33321 CB
ROWARD OUNTY, FLORIDA .
BY
TITLE:_LMavor and Citv ManaL7er
DATE:
AS TO AGENT, WITP+LSSED BY:
City Clerk
City Att'y= T r )
L.S.
APPROVED AS TO FORM D E:17ICIENCY
Brow .d Employment and Training
i ration
JAMES A. PR0AAITT
DRESS: dTmnl7Ir.j e
i'•tT'- E t
COURTHOUSE SQ A4j •RU[! n►!\ir,
20Q S. E. 6th STREET
FORT LAUDERDALE, FLA. 33301,
PH. (305) 7.64-0553
oO Chairman.
DATE:
AS 'BROWARD E:TLOYMENT AND TRAINING
ADMYSTRAQN, WISSED BY:
r 1-
1
i
RECOlE3D
BY : /� � J�
EXECUTION PAGE
4 L.S.
L.S.
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