HomeMy WebLinkAbout1979-080
RESOLUTION NO.
79'- ?D
1
7"-Y()
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE INLAND MANPOWER ASSOCIATION
RELATING TO THE TITLE III SUMMER YOUTH PROGRAM CONTRACT NO.
9021-32-03 DURING THE PERIOD JANUARY 1, 1979 THROUGH JUNE 30, 1979.
2
3
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
5
6 SECTION 1. The Mayor of the City of San Bernardino is
7 authorized and directed to execute on behalf of said City an
8 agreement with the Inland Manpower Association during the period
9 of January 1, 1979 through June 30, 1979, a copy of which is
10 attached hereto, marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12
13
I HEREBY CERTIFY that the foregoing resolution was duly
14
adopted by the Mayor and Common Council of
Bernardinn at afik 1~~ meeti"
&/4 day of _~_ ' 1979,
to wit:
the City of San
15
thereof, held on the
16
by the following vote,
17
Councilmen d~~ h -; >f).L".d;,
'yi~> ~~
~
;;!1rU'.I'LJku)~), .~
~/0';.?/ ~6h
/'
City Clerk ~
resolution is hereby approved
~
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AYES:
19
20
NAYS:
21
ABSENT:
22
23
this /!)boMctay
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The foregoing
~U1-
, 1979.
of
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i M Y
I~to form'
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I CJ.ty Attorney
28
..
INL~ND ;~.NPOWE~ ASSOCIATION
***~**~~~SUBGrtt,N7**~***~*~**
SlJMW.R'f SIGNATJRE SHE::i
....~ (:
\., 1_
~u 09 rarrc I S
en~er':Q :0-:::;. ny ::-:e ..r.; anG
to as ?:ime 3pcnsor'and
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. CITY 9F SA~ BERNARDIN9
ner:jna7~e; r=7=;~ec :8 as ~ucgian~=:.
..~..gr'2ement
2.S ~nc:Jr':lG-
;~e Sucsr=.n-:.ee
a9re~s
ia::.ed
he!""~t-n .
in ac:ordance wi:~ 211 ~rovisions cf this
coe:2:2 ~h~s ~rog~am
1. " II
MAILING FDDRESS
2. SAN BERNARDINO, CA 92401
CITY ZIP CUDE
~
oJ.
JAMES J. BURNS, EXECUTIVE DIREC
INDIV!DUAL RE5?ONSiBLE FOR PROGRA~
OP~"ATION ( N~~E, TITLE )
,
~.
(714) 383-5205
TctEPHONE NUMBER
5. VI
IMA AREAS SERVED
6. SOURCE OF FUNDS:
D Title I W Title III 0 Other
( Specify) SUMMER YOUTH PROGRAM
i. TOTAL NUMBER TR.~INING SLOTS
S. TOTAL PLANNED ENHOLLMENTS
c TOTAL PLANND PL~C91ENTS
,..
10.. LE:NGTn OF TRAINING 9 - 10 weeks
11.
,RAINING OCCUPA,ION OR CLUSI~~(Sj
12. CBL:GAT~ON, This ac~~on will:
.---, -,,~~_.r_ ~ "--~~'S- ,---. 'IOT
L.XJ L,\,..."tt.r..:::c:. L-J ~t..w,.....~..... !:. L-J ,- 'I
C:;;'.NGE"
the iMA obligation for this Subgrant
by S29,596 t::l a level
of S 29,596
I
13. ~rFECTTV~ JA7~ OF THIS ACTION:
JANUARY 1, 1979
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.!."':'.
SUBGRANT PERIOD:
.,
JANUARY 1. 1979 IJUNE 30. 1979
BEGINNPiG OA;~ ::NOiNG D.uTE
15. iYPE OF PROG~;M:
A. On-Tne-Jcb Training
B. Classroom Training
C. Work Expe,ience
D. Individual Referrals
E. Services to Participants
(specify services)
lhe Subgrantee certifies t~at.,. to tne bes"'C 01- nls/her Knowlecge anc Dei1eT, l;rie 1nlor-
mation in this Subgr~nt is true and correc~, and that ~he filing of this Subgr~nt hc5
be~n duly authorized by its gove~ning body.
~pcqGV:J FuR ~E OR!ME S?ONSGR
SiG;{ATURE:
,'lAME tl.NO j ~ I L.:. ;
JAiE OF SiS~ATURE:
APPROVE:J- FDR' THE SUBGRAN'T::=
... -~
.....,.. .-
,'IE AND iI, LE
J. BURNS, E CUTIVE DIF~CTOR
FOR IV.H. "BOB" HOLCOHB, MAYOR
JAit Of SIG~AIURE:
9/78
CERTIFICATIO'1 saEEI
"A. Type of Organization:
CITY GOVERNMENT
B. Chief Officials/Officers of Organization:
(l:ist Name and Titles)
1. W.R. "BOB" HOLCOMB, MAYOR
2.
3.
4.
C. Chief Fiscal Officer, Boold,eeper or"Acco"untant:
Name: DAVR R()()T DIRECTOR OF FINANCE
,
Address: 300 NORTH "D" STREET
Telephone: 383-5242
D. Date This Organization Began Operation:
Honth
Day
Year 1810
E. State Identification Nunber: 760406501
Federal Tax Number:" 9560Q0772
Tnis is to certify that the above info~ation is true, complete and
correct and that JAMES.J BURNS, F,XRCI"f'TVR DTRRC'I'()R
(Person)
, CITY.oF SAN BERNARDINO
(Orgauiza tion)
of
is legally authorized by its governing body to enter into contractual
agree~ents and other business transactions on its"behalf wit~ the
Inland Manpower Association.
Attach a copy of the minutes
of the Governing Board of
your organization, specify-
ing authorization to enter
into this agre2ment.
~'_A'~
Signature of Certifying
~i
CITY CLERK
Title
Individual
,
3/77
300 NORTH "D" STREET
Address
383-5105
Telephone
,
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PROGRAM NARRATIV-
pTTnN
Primary responsibility for the development of the summer plan
lies with the San Bernardino Hayor's Youth Advisory Council in
counsultation with CETA administrative staff who decide how the
summer program will enhance the employment potential of participant~.
The focal point of the planning process centers around the organiz-
ational, operational, and staffing patterns for the summer program.
Another funciton handled by the Council is the CETA Youth Program
Planning Summary and Youth Budget Information Summary whlch provide
information on the estimated number of participants and expenditure~.
Publication of the plan will be on file at the San Bernardino
Employment and Training Administration for public inspection. Upon
completion of the plan by the Council and staff, a copy is submittec
to the appropriate units of Government which include the San
Bernardino City Council, appropriate labor organizations viz a viz
the Area Advisory Council,and finally to the Inland Uanpower
Association clearinghouse before submission to the Department of
Labor.
Tentative plans call for the hiring of an overall Program
Coordinator, Q-YES Coordinator and SYP Coordinator and S.Y.P.
Counselors who will work closely with the Council in the areas of
worksi te development, recruitment, intake, ...selection of participant
and supportive services. They will decide which worksites will
provide useful work, sufficient basic education and institutional
or hands-on training which will assist the youth to develop their
maximum occupational potential inorder to provide exposure to
vocational opportunities. The Council and staff will be responsi-
ble for the methods, procedures and standards used to make worksite
selections and the items to be covered by worksite agreements in
compliance with federal regulations. They will provide a detailed
description of monitoring proceduves, including the number of
planned visits to each worksite, the activities to be monitored
and procedures and timetables for taking corrective action, in-
cluding follow-up visits.
Council and staff formulate the special methods specifically
designed for recruitment of summer participants. They set guide-
lines for the intake process which include the particular methods
to be used and identity of the service providers. Additionally
they define the eligibility criteria and the verification methods
to be used. They are also responsibl~ for indicating the number
of youths who will be served in each worksite based upon labor
market analysis data, any skill training or remedial education to
be provided, and for identification of the significant segments
to be served.
Relevant to supportive services, Council and staff decide
which services will be provided and discuss development of any
vocational exploration programs.
-3-
9/78
PROG~AM NARRATIVE J'~CRTP~,nN
.
Council and staff decide which organizations will receive
program information and how it will be disseminated within the
community. They provide a description of the linkages to be
extablished with local educational agencies, post-secondary in-
stitutions, labor organizations, the private sector (other than
organizations conduction Vocational Exploration Program), neigh-
borhood and community based organizations and other. youth related
programs/agencies.
Pretaining to staff training and orientation, Council will
detail the reporting requirements which include: a Youth Program
Status Summary, based on the enrollment records, Youth Financial
Status Reports, based on accounting records, Separate Quarterly
Summary of Youth Characteristics reports, based on the participant
records and other informational requirements which are required
to be submitted to the RA no later than 30 days after the end of
the report period.
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9/78
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FY 7,9
ASSURA~CES ANJ CE~::?T:ATTONS
~cr :ur;cscs of :~ese Ass:.;ranc;s a~c: C.=:";~.:~ ~~:~ ens t;,e t:;~ 11 ContiactorJl sha 1 j
~~n ~j~ ~i:an~:a~icn ~Hich was awa~:e~ ~his ;c~;ement t~r~uQh a ccmoeti:ive
-,.,...........=s. s:!I": =, '" =."""uec:-: fnr ?';"1!:cs2.i !~F?~ ::r-:cas.3", ~;,e ts.~ IISubcran:Ceell shall
.... .......- - --.. -- '"' . '-- - - - ; ""r ", ...
~ear. ~ie' or;an~:at~cn whi~, was awa~~ed ~~1S :f~e~~en~ :hr~ugh a so1e sour~~
~r:C~i:!nen: ~r-Jcess. Tne tarm "Ccr.:;",~c::r/Subs;"an!eell shaii mean either
'1l:JJ"!-:-:-ac:or:I' or llSubgran~ee,lf as a~p~i::~bia, :c.s2d on ::,e. af~reme!lt.ioned o:-i:aria.
"
,,-
Ge:.e~i Assu;anc~~
i.. ine- :On:'~orISubgran~ae: aSSiJ~S and. car-:.ifies: t..1at:.
a. ItwiH com!!Ty' wit.'! t.~e re-:;ui.emerrs of the Ccmprl!hens;ve
ETipic:rme~t and Train;n~ Act (CETA) cf iS73, as ~"ended (P.l. 93-203,
87 Stat. 829 and P.l. 93-567, 88 Stat. i545), hereinafter rererred to
as- :'1e Act, and. l/iit.,. ~ie. regulations ~r;c. poi;c;:.$." pr'Omu_jgaL~. there-
under; and
b". It wiil comply with eMS Cir-:lliai" r:umcer- ,4;-95 and Federal
,lIana;e!l1en-: Ci~:Jiars (FMC) 74-4 and. 7:'-7, as -::!':cs<: circ:Jia.s relate to
~unc~~ons $UC~ as th~ utilization of f~nds, ~'e operations of programs,
anc ii:a ~ n~2na~c= of" records n books, accoun"ts, .:..J1d other- doc:Jr:!ents under
-cne Act_
Z_ Ine Ccn:ractor/Subgrantae fur:her assures and ce~ttfies ~'at if the
regulations prc~ulgated pursuant to t~e Act are amended or revised, it shall
.cciTiply '.;'it., t1en or notify the: Prime- Sponsor, within 30 days aftar prorr.ulga"-
ticn- of the amenements or r~vision t.ia.-c i-: ::annct so confor:n, so that the.
Prim: Sponsor iilaY take appr?priate ac::icn inc1uciing termination~ if necessary~
-. rn addit.icn to the reauirements or T and Z above- and consistent
wit, ~'e reculaticr.s issued ~ursuan~ to t~e Ac~, the ContractorlSubgrantse
T~kes ~~~ foiTcHing f~r-J1e~ assuran:es ar.d ce~~fications:
~- It posseSS2S legal aU:hori-:y tc a~ply 70r t.'1e- Agreement,
tha~ a rEsoiu~;cn, moticrr~ or simiiar ac~on has been duiy adopted C~ passed
as an o;~iciaj ac= cf ~'e CQntractc~Js/Subgran~~e'$ sover~ing body, aut1or-
i.~~ ng t,e fi 1 i ng of t~e: Agree:"!lent', inci ~d~ ng a 11 understandings and. assurances
con~in;d t~e;ein7 and direc~ing anc au~'oriz1nq the person identified as th~
cffic~~i reoresa!1~tive of the Con~act=r/Succ~nte: to act in c~nnec~ion w,~~
the.: Agresnen-= and -:0 pruvide- sue;" adc..i-:~~naj ~n7~rma-:ion as my be: r-equ..ired
(s<:c_;orr i02. (a); 701 (al (~) and. 00.)).
b-_ It 'litlT c=~Ty 'Hit., Tft-Te:- V! and Title:: 'III of tne: CivtT Rights
Ac~ cf T964., (?L~ 88-352), and in ac.:oidance wi~,. Title- vr of t1at Act na
oers~n irr t."Ie. Uni:~. Sta.t.:s shalT err :::a c~t:nc.s o:f race, c=icr,. sex, or national
or~;~:r~ :Jl: ax~lud~ ri'Cm- pat:icipa!.icn in: be. dEnied. tnl:" benefits. of, or be_ cther-
'~iSe subj~~;c- -:= .1isc'1"~mina~ion. lJnc:r:- any. ~~g-r=.~ or activity .f~r-.1Ilhic.~' t;,e Con:-
::"'"~c::;rISucgr-ant~e. ;ecal'/e5 ~,~ed~ral i:n~nc-:aj aSSjs~nce a.nC ".,1 II immediately taxa
any ~easiJr':s. :l~Essar'j b eT7eCi:.Ja::a ::;~ s agreema'1~-.
c~ !t. 'NiTT comely ~.,.i-:~ T~-:1e. 'I: o-f :~e C1vil Ricr.1,..,} Ac:_ of 1964)
(i2 JSC 200Cd) p~nibit~ng =~pioY"'e~7 ~~$c~~mina!~cn wner~-(l) :he primarj
pur::::se.. of :~e ;l.gr~=men-: is. t:J prov~de =npioyment or (2.) discr~m;na'Cory enpioy-
:iien-:- :rac:~c2~ ','4"1'11 r~su1:- in :.Jn~:.;al :~=:.ce!1t:" .:'j :erscns who ar~ ~,..... should ~e
"er"lo":--~nc f-..,~.., .~,e 'or"="n- .:;,;....~ "_'C"-."I','~_I. '
... ..-: .... i I. . _'0 _ .-'. ....~1I_. ...-_ 1....0;;....; _
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d. No person. wi:h respcnsibilities in the operation of any program
unde~ the Act wiij disc;~m~~ata wi:~ iespect to any program participant or any
applicant rei par:ic~Dation in suc~ p~gram beca~se of race, cie~d, color) na-
t.ional origin, sax, age~ :cli:icai affiliation, or be1iefs (section 703 (i) and
il2).
e_ It will c:jm~Ty w;::h ::,e requirements of ~he provis,ons of the'.
Uniform Reiocation Assis:ance and Keai Prooe~v Acouisition Ac~ of 1970
(~-..L.. 91~646) whici1_ ~iO~i~~ fo~ fa~~_a~d: e:uitabl~ ?"eatnent: of pe:sons.
d1sp.lacea- as a resu::. 0'1 iF:~e!""a! ana Te-oeratly-assls-:ad programs.'
f. It w.1TT complY wit.'T the provisions or the Hatch Act which 1 imit
the. po 1 itical acti 'Ii ty of employees-_
g. It will complY wit, the requirement ~'at no program under the
Act sha11 involve political activities (sec;::ion' 710 and 70J (2)).
h. It. '~i1T estatli ish sa-feguards to prohibit employees from using
theirpos~tions f.o~ ~ pur?osa ~iat i~ C~ gives t~e aopearance of being moti-
vated by a desir~ for private gain for themselves or others, particularly
these with whom they have family, :usiness~ or o:her ties (section 702 (a)).
1. It will cive the Deoartment of labor and the Comotrol1er General
through any aut:,ori zed'" r:pr=sentat~ve the access- to and the ri ght tQ examine
,all records, bOOks, papers, or doc:Jments related to the Agreement (section
713 (2.)).
j. Participants: in ~'e progr~" will not be employed on the constrJction,
operation, or- maintenance or t.'lat part of any facil ity which is used for religious
instrJction or wors-hil' (section 703 (3)).
k. Appropriate standards for health and safety in work and training
situations will be maintained (secticn 703 (5)).
I. Conditions- of emoloy;;;ent or- training wil1 be appropriate and
reasonable with regard. to the type of '.ork, the geographical region and t.'le
proficiency of the ap;:i ican~ (section 703 (4-)).
m. Pro'lis; on cf worlenen' s c:;;npensati on protec-.;ion to participants
in' orr-the-jOb training, work experience, or public serlice emoloym~~t; programs
under- the Acr: at. the same i evel ano to t,e. same exunt as ot'ler- employees of
the. eJT?loyer who are: covered by a: State or indUStry work:nen's_ ccmpensation
statute; and provision of workmen!! c=moa~sation insuranc~' or medicai and acc;den~
insura,nc!:; for- injury, 0:- disease.- :""esu.lting fMm their- partic-ipation to. those.:. indiv~d-
ualsc engaged, in any ~rogram activity under-- the Act, i.e." '.or~ experience, on-the-
job:. train-;ngr publ ic. sertice- enploymen1:~_ classroom' training_, services to partic;~ants,
and other ac~vities, wne;~ others simiTarly engaged are not covered by' an applicabie
worlenen's ccmpensa ti on s~;::.J;:e (secti on 703 (6) and. 208 (4)).
n. Thee orooram wi i1 not resu 1".:: in the di sOl ac~enr OT emD joyed workers
or impair existing' con't~ac-:s for- sc:/ices. or r~$ult" ~n the substitution of' Federai
funas for- othe!" founds in connection '.i th work tha;:: would other-HiS2 be. oer-formed
I ." 70~ '-)) .
,sec~'on' ~ \1 .
-i1-
"-
o. Training will not be for any occupations which require less ~ian
~o weeks of pre-em?lcyment training, unless immediate =npioyment opportunities
are available in t~at occuDation (se:tion 703 (8)).
p~ Training and raiated services will ~ to the cx~an~ pract~cable, be
consistent,wit~ every individual's ru1iest capabilities and lead to employment
opDo~Jnities which will enable participants to become economically self-s~f7i-
- - ( - -0' (" ci lO- ( ) (-)) -
C1en\,o.. \sec.-:ion I .j \'::) an :: a 0 ~
q. Ins:titutiona1 skill tnining and training on t.ie job. shaH only be
for occupations in which t.ie Secretary or the Prime Sponsor has dete~ined there
is" reasonable expectation for employment (section 703 (10).
~. CErA Funds wil" to the extent practicable, be usedvto supplement,
rather than supplant, the level of funds that would otherwise be available for the
planning and administration of programs under the Agreement (section 703 (11)).
s. It will submit repo~.s as required by the Secretary and will roaintain
records and provide. access to tiem as necessary for the Secretary's review to assure
that funds are being expended in accordance with the purposes and provisions of the
Act, inciuding the maintenance of records to assist t1e Secretary in determining ~ha
extent to which L,a program meets the special needs of disadvant2gerl, chronicallY
unemployed, and low income persons .for meaningful employment opporvJnities
(section 703 (lL) and 311 (c)). .
t.
occupa ti ana 1
703 (13)).
The program will, to the maximum extent feasible, contribute to t~e
development or upward mObility of individual participants (section
u_ The program has adequate administrative and accounting controls,
personnel standards, evaluation procedures, availability of in-service training
and technical assistance progr~s, and other policies as may be necessary to
promote the ~ffectiv~ use of funds (section i03 (14)).
v. The program makes appropriate provisions for t.'le il".anpower needs of
youth in the area served (section 703 (15))_
w. Individuais recaivinq training on the job shall be comp~~sated by
the employer at such rates, includi"ng- periodic increases,.. as may be dee.'T1ed
reasonabre under- re9ulations prescribed by the- Secret3ry-, but in" no event at; a
rata which is less ~1an Cie' highest of: 1) the mini~~ wage rate specified in
ser...:ticn 6 (a) (1) of the Fair Labor Standards Act of 1938; l) the Stat; or local
minimunr wage for ;;he mo~t. nearly comparable- covered employment; 3) tile preniling
ra;;es aT pay for persons emp.loyed in similar occupations by the same employer;
4:-) ~~e- minimum- entrance: rate for the occupation among- ot.l-Je!"" establ ishments in the-
cOlffi1Unity o~ area or, any minimunr fate: required by an app1 icab1e collective.
bargaining agreement; 5) for pa~cipantS on Federally funded or" assis;;ed con-
st:\Jc-:ioiT projects,. t.'1e' prevailing- rat.; established by the- Secretary, in accordance.
wi&. ';;;)e Oavis-Sacon Act, as amended, wherr such rates are required by the Federal
sta'tJt.: under- whicn the. assistance INas' provided..
x. It: wilT comply wi;;;" the- labor s"t?nciard require!llents set out. in sec-
tion i06 of the Ac::_
-12-
y. Services 3nd, activities provided under this Agreement will be ad-
ministered by or under the supervision of t:Je Prime Sponsor (sec-:ion 105 (a)
(~) and 205 (c) (1)).
z. No f~nds made availabl= ~nde~ t~e Agreement
ing ac-:.ivities in violation of 18 USC).. 19l3~
, ",
Sila i I
be used for lobby-
aa. Cash drawdowns will only be initia-ted. when ac~aiiy needed for Con-
"ac-./Subgrant disbursements;
bb. Timely reporting: oT cash d.isbursements and balances 'wilT De made to
t.ie' Prime Sponsor as. required.
cc_ For- subcontracts. fn excess oT 51 00 ,000, or where the Contractor/Sub-
grantee has determi ned that orders under arr' i ndefini te quanti 1:'} subcontract in any
year will exc~ed $100,000, or if a facility to be used has been the subject of a
conviction under the Clean Air Act (42 U.S.C. 1957C-8 (c) (1)) or tie Federal Water
Pollution Control Act: (33 U.S.c. 1319 (C)) and is listed by t.ie Enviromnental Pro-
taction Agency (El'A) or is not other-/fise exempt, the Contractor/Subgrantae assures
that: 1) no facility to be utilized in the per-formance of the agreement has be~~
listed on' the EPA List: of Violating Facilities; 2) it: will notify the Prime Sponsor,
prior to award,. of the- receipt of any c:r.rnunication from the Director, Office of
Fe<:fera1 Activities, U.S.. Environmenta1 Protection Agency, indicating" that a facility
to be utilized for the acreement is under consideration to be listed on the ~~A List
of Violating Faci1ities;- and. 3) it: wiil inciude SUbstantially this assuranca, in-
cluding this third par~, in every non-exempt subcontract.
B_ Addi tiona 1 Assurances for Ti tl e I P~oarams
rn carryinq out programs under Title I oT the Act, the Contractor/Subgrantee
assures and certifies. that:
T. Manpowe~ services, including job development, will be provided to those
most in need of them including low income persons and persons of 1 imited English-
speaking ability (section 105. (a) (d))_
Z. Programs of institutional skill training shall be designed for-occupations
in which skill shortages exist: (section 105 (a) (&)).
:i. The Agreement meets. a T1 the requ i rements of secti on 105 (a) and the
Contractor/Subgranceewill comply wi~i' all provisions of ~'e Act (section 105 (b)).
4.-_ It. wiTl make sudT ar:r-angements as are. presc~;bed by r~ul ation" to ass-ist
the Secretary in carr'Jing out his r-esponsibil icies under sections, 10S: and 108 of
tne Act (section 105 (a) (7)).
5. Special consideration will ~e given to the needs aT the, eligible disabled
veterans, speda 1 veterans, and, veterans who' served in the Armed Forces and '/fho
received other than a dishonorable dischar-;e '/fit.iin four ye:lrs before the date of
~ieir apolication. Tne Contractor/Subgrancee in' selecting oar~icipants for programs
funded under Title I of the Act, shail take into considera"ion the' ~xtant that such
veterans are, available, in thao area. Soecific effort: should ~e made tOde'leiop
aonropriate full or" part-time.: opportun;~ies. for such' '/eterans-. The.- Contrac-:orf
Subgrant.ee.. should utilize the. assis-nnce of t~e State and local vete!"'ans 21101cvment
ser/icE re?r~scnta~ives in formulat~ng itS program Objectives. On a cJn~inuinq a~d
-13-
timely basis, information on job vacancies and training opportunities funded under
Title I of the Act shall be provided to the State and local veterans employment.
service representative for the purpose of disseminating information to eligible
veterans (section 104 (b) of Emergency Jobs and Unemployment Assistance Act of
1974) .
6. Soecial Certification for State Contractors/Suborantees. A State Con-
tractor/Subgrantee further assures and certifies that it will comply with the re-
quirements and provisions of section 106 and 107 of the Act.
7. The Prime Sponsor's Management Information Syst~~ will be utilized for
the development, maintenance and reporting of all required program data. The Con-
tractor/Subgrantee wi 11 submit all requi red parti cipant records to the Inland Man-
power Association office no later than the fourteenth (14th) day after the trans-
action involved has been completed. Such records will include the Inland Manpower
Association CETA Participant Information Record, the Inland Manpower Association
Participant Status Change Notice, the Inland Manpower Association Termination Notice
and other participant records and information as required by the Prime Sponsor. All
records must be complete and accurate when submitted.
8. All costs in excess of maximum costs allowable per incorporated Cumulative
Expenditure Plan will require prior justification and approval. In no case will pre-
agreement costs be reimbursed.
9. Approval for the expenditure of Agreement funds for consultant fees will
be obtained from the Prime Sponsor prior to commitment fOl' such services.
10. It will adhere to special limitations on partiCipant selection as described
in the Federal Register, Part III, June 25, 1976, Para. 98.23, pertaining to political
activities and the Hatch Act.
11. It will comply with the requirements of the law and the Employment and Train-
ing Administration, Department of Labor, regarding the obtaining of employer identifi-
cation-account numbers, collection, payment deposit and reporting of Federal, State,
and local taxes. Work Experience Contractors/Subgrantees will withhold Social
Security or its equivalent and income taxes for all program enrollees if required
for regular employees of the agency.
12. It will assure that no funds will be used to hire any person to fill a job
opening created by the action of an employer in laying off or terminating the em-
loyment of any other regular employee not supported under the Act in anticipation
of fill ing the vacancy so created by hiring an employee to be supported under the
Act (section 905 (c) (8)).
13. It will maintain a separate account for all funds received under the
Agreement in addition to the maintenance of separate records, source documents and
other account books as requi red and that it \~i1l estab 1 ish and/or uti 1 i ze procedures
and methods sufficient to assure that all fiscal recordkeeping and reporting will
be accomplished on an accrual basis. The contractor/Subgrantee further assures
that all records, documents and books pertaining to this Agreement will be available
fol' i nspecti on by authori zed Prime Sponsor personne 1. All such records, documents
and books shall be retained by the Contractor/Subgrantee for a period of three (3)
years subsequent to the termination of the Agreement.
-14-
14. The ContractorlSubgrantee assumes the fiscal and financial responsibility
for exceeding costs by category. No requests for Agreement modifications
will be honored by the Prime Sponsor if such requests represent expenses or obliga-
tions incurred prior to the Contractor/Subgrantee receiving written approval from the
Prime Sponsor. Post Agreement costs will not be paid unless previously approved by
the Prime Sponsor.
15. No less than 84 percent of funds will be used for enrollee wages, fringe
benefits, allowances, training and services, and that administrative cost will not
exceed 16% of total Agreement budget unless previously approved by the Prime Sponsor.
16. Subcontracting: Subcont,acts for various services may be entered into by
the Contractor/Subgrantee. All subcontracts require prior approval by the Prime
Sponsor except negotiated fixed price On-the-Job Training subcontracts by the
Contractor/Subgrantee contracted to deliver OJT services and Subagreements designed
to provide Participants with Classroom Training on an Individual basis through a pro-
gram of "Individual Referrals". These shall be prepared using IMA standard forms
and will not require prior approval by the lMA Director, but will be reviewed. The
Contractor/Subgrantee is required to seek competition in the solicitation of sub-
contracts according to procedures specified in the Federal Rules and Regulations.
Further, the Contractor/Subgrantee shall make positive efforts to utilize small busi-
ness and minority business enterprises in subcontracting.
17. Title of Property:
a. Title to all property acquired by Contractqr/Subgrantee and/or Agents
of the Cont,actor/Subgrantee, including acquisition through~lease-purchase agreement,
for the cost of which the Contractor/Subgrantee is to be reimbursed in whole or in
part under this agreement, shall immediately vest in the Prime Sponsor upon:
(1)
(2)
(3)
(4 )
Delivery of such property by the vendor.
Issuance for use of such property in the performance of this
agreement.
Commencement of processing or use of such property in the
performance of this agreement; or
Reimbursement of cost thereof by the Prime Sponsor, whichever
first occurs.
b. Title to all property shall not be affected by the incorporation or
attachment thereof to any property not owned by the Prime Sponsor, nor shall such
Prime Sponsor property or any part thereof be or become a fixture or lose its
identity as personalty -by reason of affixation by any realty.
c. All project equipment acquired must comply with the Prime Sponsor's
interchangeability requirements. The Contractor/Subgrantee may not purchase or
incur liability for equipment during the latter half of the agreement period. The
Contractor/Subgrantee must obtain prior approval from the Prime Sponsor for all
purchases of nonexpendab1e property.
18. Bondinq/Insurance:
a._ Prior to:Tniiai disbursement"of fundS-to the Contrator/Subgrantee
theo Prime Sponsor shall receive' a statement fronrtheContoactorlSubgrantee' s Chief
Fiscai Officer- or- its insurer- assuring that all persons handling funds received
or- disbursed under- the" Agreement are covered by fidelity bond in an amount
and. manner consistent with the cDverage deemed necessary by the Prime Sponsor.
The bond shail require that set.lemen'C of any claim be neg01:iated jointly between
the Prime Soonsor- and the Contractor/Subgrantee and shall require immediate
notice to the Prime Sponsor if the bond is cancelled or reduced. In that
-15-
event tt1e~ P':'"'ime. Sponsor sna i l no't. make. any fur-:ner- di sbur-sement.s. to the Contnctor/
Subgrantee- untiT i-c is assured t.,ar; c~verage has been oboined..
'_ . b_ Tne.Ca~'t:~c-:=,rISubgl""ant2e agr-ees :0 obtain public liab.tiity and. prcp.er""'::t
a.amaa~ 'r.c:":'''':=nc'' -n~'ua."'~ I..u~ no';" ~. ..... ' .. . . '.~.
I ... . '_~' 7" -' I,' '-I 11l,:;J;"... \., I 1m'..~ ...0. prem,.ses ana. aummOOi J e j nsuranc=_ cove~-
age-W1t.,. nnnlmUllr liat:ili~ limits of' S500~OOQ (five; huncred t.;,ousand dollars)) anc
d.am~qe ~. p~perty. of net: 1 es~ t.1an S50C~OOO r-o'..sul-c-: ng fr:liT any :Jc:::Jr:-ence. Sa id.
~aT~c:,. Si'lOUid. p)-Ov1de t.+,irt'J (30) days- wri-:-:en neticE. ~ t.,e- Prime Sponsor of cancal-
1a.'t:7crr or- :r.at.;l'"ial c.iar.ge_ ~______n_ __~_____ ____n_~__ .
19_ HoTd Harmless
a:~ The Contractor-/Subgrante2: agrees. to indemnify and. sa'l!? the ?rime
Spons.or- and: aTT its: agents and employees. harmless from any and alT liabilities.
claims. damagesc, or- injuries to~ any persorr or- property including injury to tile
Contractor-' s/Subgrantee-' s employees. and an expenses or investigation and defend-
ing~ agains~ same including attorney, court and/or legal fees:
(I) Ari s.ing- from or- connected wi til perfor.r.a.nce or- fai; ure to perform
any work or- other obligations or this agr~~ent;
(2) Caused or-claimed to be caused by the independen" status. of the
Contractor-/Subgrantee,. its. agents or employees~
(3) Tne: acts. of the: Contractor/Subgrante!:. or- its agents
or employees. ~,
20. ALLOWANCES
AIT payments to participants for allowances (including transportation
assistance) wiTT be~ administered by the ?rime Sponsol'" with weekly reports. submitted
to the' Contractor/Subg~ntae- and Contractor/$ubgrantae Agents. The tontractor/
Subgrantee. assumes the responsi bit i ty for- verifyi ng- allowance and t~nsportati on
assistance payments. made by the ?rime Sponsor and fiscaT acoountability for in-
curring- costs charged to the allowances as included irr the Agreement per- schedule
as budgeted herein. The Cont~ctor/Subgran1:ee further assures and certifies that
it wilT comply with- t.ie~ ALLOWANCE PAYMENT HANDBOOK FOR TRAINING FACILITIES as.
publiShed by the ?rim~ Sponsor.
2.1. SEVERABIUTr OF ?ROVISION5
If' any ~pN:lvis.ions: or this. agreeme!rc are heTd~ invalid. t.~e remalMer of this.
agreemen'C shalT not- be: affected: thereby- if the ~inder"" would then continue- to
c::mfornr:a. the terms: and requ.irenents. of applicab.le: law_
ZZ:... ?>::"FORMANC::: STANDARDS
The- Contractor-/Subgr-antee understands and: agr~s t.ltat it:: may not incur-
os.tr irr excess. 01' that amount budgeted: by' cost: category for- the- finar month as listed
orr the Cumulative:' Expenditure ?lan:_ The ?rime- Sponsor- wiTT have' the prerogative
of uniTater-aiTy modifying- the- Agreement should: actual perf~rntancl!. with respect to
either- pianned. exoenditut"es. or- planned ?rogr:=t....nt objectives: inc1ud.ing- significant:
seoments: deviate lS::; or- more'. Tne Com:rac-::or/Subarantee- further- aorees that- no
participant: will be enrn1ied: ill' any ac.~ivity under- toiis: Agreemen't: during the. last
sixty (50) days of this agreement unless the participant- can suc=assfully complete
training' as specified. by inc~r?orated statem~~t herein.
-16-
'.
23. Suspension or Termination of Aoreement
a. Should the- Prime Sponsor determine that suspension qr termination of
the Aor~ement is reQuired~ the Prime' Soonsor shail rorHard a writ~=n notice of suc~
determination ~ t~~ Con~ac~r/Subgrantee fourtE~n (14) days prior to any ini~ia~
~i on- by ~he Prime Sponsor of its ter:n; na ticn procedur~s. Such no~i ce sha j 1 c:)nt.a i n
a detailed statement of rac:s upon which the Piime Soonsorts rec=mmendation is
based and shalT set a time and placa to conduc~ a formai mee~;ng with the Con!rac~r/
Subgrantce to. discuss wne-che; tennination procedures_ will. be initiated... If" it shall
have" been deta!illined.. that suspension of TiJncs ;-s necessary,. t::e. Prime: Sponsor sha:i
have t.~e- au-:.'1ority t::J. suspenci funds as may be- deemed appropriate untilconoec-::lon!:
are made- in a manner satisfactory to tile Prime Spon!:or. In no event shail the time-
aliowe<i: for correction exceed thirty (30) days_ unless the Oirectar agrees to a con-
tinuance. r.~eDirector may suspend funds for a period of not more than forty-five
(45) days. If it shall have been- determined that termination procedures are nec-
essary,_ the Director shali recommend termination to the Executive Board for approval.
If the- Soard approves termination, the agreement shall be terminated upon seven (7)
cays written notice to the Contractor/Subgrantea.
b"_ The- Agresnent: may be. terminated or funds suspended. in whoi e or- in
part for cause. Cause shali indude the foliowing:
(1) Failure- of the Ccntractor/Subgrantee to comply in any substantial
or waterial respect wit.'1 either t.,e terms or conditions of this agreement.
(2) Failure of the Contractor/Subgrantee ~ comply in any substantial
or material re!:pect wi~, eit,er t.~e terms or conditions of any other present or
past agreement between the Ccntractor/Subgrantee and the Prime Sponsor which facts
were discovered or determined during the period_of this agr~emen".
- (J) The Grant to -the- Prime Sponsor from the Departnent_ of Labor for
this program is terminated, suspended, or reduced. Tne Prime Sponsor may also with-
hold payment of any unearned portion of the Agreement iftJ,e Contractor/Subgrantee
is unable- or unwiiling- to accept any additional conditions that may be required by
law, by exe-:utive order, by regulations, or by ot~er pol icy announced by the Depart-
ment of L.abor- at any time.
c. Upon termination of the Agreement, the Contractor/Subgrantee will
remit any unencumbered balance-of payments previously received as determined by
the Prime Sponsor to be- due- it. The action of the Prime Sponsor in accepting any
such amoum:- sha 11 not c:Jnstituta a wa iver of any cl aim which the-Prime Sponsor may
otner....ise have arising ou'!: of this- agreement:.
d-_ Upon susoe.'lsion of funds, the- Cllntract:Jr/Subgranteec agrees. not to
inc:lr any ccs-:s: related.. to', or- c:Jnnec.ted: 'Nittr,. any area of confiict from- which
the- Prime- Sponsor has: determined: t.'1at suspension of funds_ is_ necessary.
24-. Tne Contractor/Subgran"ee- shaiT not assign- tJ'1is agreement or any monies
due or to bec:lme- due thereunder- excep'!: as soecified- in the. terms of this acreemen1::,
without having" first obtained. the: wri t-::err consent cf' thE: P"rime. Sponsor". ..
25"0 The Prime- Sponsor- wi 11 not be-
o"her- than the CDntrac~or/Subcrantee.
all subcontrac-:ors and agents~
obl igated or 1 iabl <= hereunder- t:l any par~y
The, Contractor/Subgrantee- shali so no"ify
-17-
, ,"~~<.~~
26. The ContractorlSubgrantee will comply with the Clean Air Act and the
Federal Water Pollution Control Act as related to the use of facilities which
are on the Environmental Protection Agency's List of Violating Faci1ities.'
27. The ContractorlSubgrantee understands and agrees that all Gross Income
earned by the Agreement supported activities during the period of this agreement
shall be recorded and identified as such by specific and separate account. All
expenses incurred in the generation of this income that is not a part of this
Agreement may be deducted from the Gross Income to determine if any program income
exists. Any program income determined during the Agreement period shall be retained
by the ContractorlSubgrantee and, in accordance with the Agreement, shall be added
to funds committed to the program by the Prime Sponsor to be used to further eli-
gible program Objectives or will be deducted from the total Agreement costs on
which the Prime Sponsor's share of costs will be based. The ContractorlSubgrantee
further agrees to provide access to any authorized representative of the Prime
Sponsor for the examination of any records, books or documencs related to the
determination of program income in any manner.
"
28. The Contractor{Subgrantee agrees to comply with all requirements deemed
appropriate and reasonable as stated in Federal Management Circular (FMC) 74-4
which is incorporated by attachment hereto and becomes a part of this Agreement.
(Attachment #1)
29. The ContractorlSubgrantee agrees to comply with all requirements deemed
appropriate and reasonable as stated in OMS Circular A-I02 which is incorporated
by a~tachment hereto and becomes a part of this Agreement. (Attachment #2)
30. The ContractorlSubgrantee agrees to comply with the provisions of the
Comprehensive Employment and Training Act of 1978 (P.L. No. 95-524) and in-
structfons issued subsequently by the Department of Labor to effect transition
of current programs to the requirements of the new law.
-18-
-.
SPECIAL FISCAL YEAR 1979 ASSUR~NCES
A. New ReQuirements Effective Immediately
All public service employment projects and activities
this Subgrant/Contract are immediately subject to the
quirements:
unded under
allowing re-
1. All persons hired into public service employment on or after
October 27, 1978, must meet the eligibility criteria specified
in Section 99.42 (a) of the October 18, 1977, Federal Reaister.
(Section 4 (c) (2) of reenactment specifies that the eligibility
criteria of Section 608 of the CETA of 1973 are to apply from
date of reenactment until January 26, 1979.
2. Title VI projects funded under Section 607 (b) of the CETA of
1973, as amended (Section 99.40 (a) (2) of the October 18, 1977,
Federal Reaisterl, may be extended, and new projects approved for
up to 18 months total operations from the date projects commenced.
'-
3. Any participant who is hired into a PSE posi~ion under Titles I
or II following September 30, 1978, whose position is being
supplemented above the w~ximum rate of $10,000 (Section 96.34
(c) of the October 18, 1977, regulations), must be terminated
or transferred to another program orior to Januarv 26. 1979
(Section 122 (i) (4) of reenactment). Any participant who is
hired into a PSE position under Title VI following September 30,
1978, whose position is supplemented, may continue to be employed
under Title VI after January 26, 1979, to the extent that the
amount of supplementation does not exceed limitations of Section 609
of reenactment. Otherwise, such participants must be terminated
from Title VI.
Also, all Subgrants/Contracts are subject to the following general
requirements:
4. Effective October 1, no individual may participate in programs under
this Act for longer than 30 months in any 5-year period; no individual
may receive allowances for institutional or classroom training/for
more than 104 weeks in a 5-year period; and no individual may De
paid PSE wages for more than 78 weeks in a 5-year period (for those
on board prior to October 1, 1978, no more than 26 weeks of PSE shall
be considered as part of the 78 weeks). Effective October 27, 1978, no
individual (except for in-school youth) may remain in work experience
programs more than 1,000 hours per year, or 2,000 hours in any 5-year
period.
5. All antifraud and abuse requirements contained in Section 3. of
reenactment under "Criminal Provisions" are effective as of October 27,
1978 as follows:
-19-
"
.
~
Section 3 (a)- of the Act amends Section 655 of Title 18 United
States Code as follows:
"Section 655 (a) Whoever, being an officer, director,
agent, or employee of, or connected in any caoacity with
any agency receiving financial assistance under the Com-
prehensive Employment and Training ^ct knowingly hires
an ineligible individual or individuals, embezzles, will-
fully misapplies, steals, or obtains by fraud any of the
moneys, funds, assets, or property which are the subject of
a 'Subgrant/Contract of assistance pursuant to such Act shall
be fined not more that $10,000 or imprisoned for not more
than 2 years, or both; but if the amount so embezzled,
misapplied, stolen, or obtained by fraud do'es not exceed $100,
such person shall be fined not more than $1,000 or imprisoned
not more than 1 year, or both.
(b) Whoever, by threat or procurring dismissal of any person
from employment or of refusal to employ or refusal to renew
a contract of employment in connection with a Subgrant/Contract
or assistance under the Comprehensive Employment and Training
Act induces any persons to give up any money Dr thing of any
value to any person (including such grantee agency) shall be
fined not more than $1,000, or imprisoned not more than 1 year,
or both.
r
i
'--
(c) Any person whoever willfully obstructs or impedes or
endeavors to obstruct or impede, an investigation or inquiry
under the Comprehensive Employment and Training.Act or the
regulations thereunder, shall be punished by a fine of not more
than $5,000, or by imprisonment for not more than 1 year, or by
both such fine and imprisonment."
(d) The analysis of chapter 31 of title 18, United States Code,
is amended by striking out the item relating to Section 665 and
inserting in lieu thereof the following new item:
These provisions are amendments to the criminal code and
are effective immediately upon enactment.
B. Requirements that must be imolemented no later than January 26, 1979
All employment and training activities funded under this Subgrantl
Contract will be subject to the following sections of the law as
of January 26, 1979 (90 days f.ollowing the date of enactment, per
Section 4 (c) (1) of reenactment):
1. Maximum wage requirements as set forth in Section 122 (i) (1) and (3).
2. Limitations on participant salary supplementation, as set forth in
Section 122 (i) (4) (A) and (B), and Section 609
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,
t-
.
Tne Contractor/Subgran~ee' ce:tifies that to the bes~ of his/he: kncwiedge and belief,
t~e data in this agreemen~ ar~ t~ue and ccrie~~, and tha~ the filing of this Agreement
has ~een duly au:hcrizfrd ~y its governing body.
tMai1i~g Adcress)
(City, State., lip Cede)
(Type Name. &. Ti~ie of Au'Cnoriz~
Repr~santative)
(Da..~e. oT Signa!lJre)
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