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HomeMy WebLinkAboutCity of Tamarac Resolution R-78-198Introduced by 1y��,,k G MA Temp. Reso. #% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 27 MW 29 30 31 32 33 34 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�, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 4 17 18 . 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 0 -2 Um 0 1 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 Z0 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 r 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 i PAGE 34 36 38 40 43 44 45 45 46 49 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 Page 1 of 56 3 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. Page 2 of 56 101.4 "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 _ Page 3 of 56 r 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 Page 4 of 56 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 Page 5 of 56 r r (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. Page 6 of 56 r 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 Page 7 of 56 r r 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. Page 8 of 56 101.35 "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. r Page 9 of 56 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 �I 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. Page 10 of 56 201.3 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, Page 11 of 56 to r 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. Page 12 of 56 203.2 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. Page 13 of 56 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. Page 14 of 56 r 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. Page 15 of 56 r r 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 Page 16 of 56 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 Page 17 of 56 r r 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 Page 18 of 56 r r 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. Page 19 of 56 I r (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 Page 20 of 56 313. .t to 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 Page 21 of 56 N 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 Page 22 of 56 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. Page 23 of 56 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. Page 24 of 56 to 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 Page 25 of 56 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 Page 26 of 56 T 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. Page 27 of 56 C� to 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. Page 28 of 56 r r 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. Page 29 of 56 401. 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 Page 30 of 56 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. Page 31 of 56 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 X 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. Page 36 of 56 T 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 Page 39 of 56 to 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. Page 40 of 56 r__ . �I to K r 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. Page 41 of 56 r 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 r 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 N 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. sector "/ �r• i