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RESOLUTION NO. 7 6-13
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF UKIAH AUTHORIZING THE EXECUTION
OF A COMPREHENSIVE EMPLOYMENT AND
TRAINING ACT TITLE II SUBGRANT
WHEREAS, the City Council of the City of Ukiah wishes
to act in the capacity of Subgrantee under the Comprehensive
Employment and Training Act of 1973, Title II; and,
WHEREAS, the Proposed Subgrant # between
the Mendocino County Board of Supervisors, as Program Agent,
and the City of Ukiah as Subgrantee should be and the same
is hereby approved.
NOW, THEREFORE, BE IT RESOLVED, the City Council does
hereby authorize and direct the Mayor of the City of Ukiah
to sign and execute said Subgrant and Assurances and Certifi-
cation for and on behalf of the City of Ukiah.
PASSED AND ADOPTED this 6th day of August ,
1975, by the following roll call vote:
AYES:Councilwoman Pearson, Councilmen Norgard, Wood, Simpson
Mayor Weinkauf
NOES: None
ABSENT: None
ATTEST:
City Clerk
·
1. The grantee assures and certifies that:
·
a. It will comply with the requirements of the Conpreher~ive
Employment ~::d Trainir~ Act of 1973 (P.L. 93-203, g7 Stat.
839), hereafter referred to as the Act, and with the regulations
and policies prom~'~lgated thereunder; and ·
'b. It will comply %~th OHB Circulars numbers A-87, A-95, and A-102,
as those circul~s relate to the utilization of f~nds,'the
operation of programs, and the maintor~.nce of records, books,
accounts, and other documents %mdor tho Comprehensive ~ployment
and Training Act. .
,The applicant further assures and certifies that if the regulatiom~
promulgated pu~su~nnt to the Act are mmendsd or revised, it shall
comply ~th them or will notify the Assistsnt Regiona~ Director for
Manpower (ARLM) ~thin ~O days a~ter promulgation of the amenclments
or revision that it c$=not so confor~, so that the ARD:! may terminate
the grant.
· .
..
3.' In addition'to the requirements of 1. and 2. above, and cOnsistent
with the re~lations issued p',~suant to the Act, all applicants
%he 1'o£1o~g further ass,~'ances and certificat~ ~
a. It possesses legal authority to apply for the grant; a resolution,
motion or similar action has been duly adopted or passed as ~n
-official act of the applic~_ut's governinE body, authorizing the
filing of the application, including all understandings and
assurances cont~ined therein, ~ud directin~ ~uda.tuorz.~n~" '~ '-' ~ the
person identified as the official reprcsenuative of the applicant
to act in con~ection ~th the application and to provide such
additional informa:ionas may be required;
b. It will comply ~ith Title VI of the Civil Pgghts Act of 1964
(P.L. 88-354) and in accordance ~th Title Vi of the Act. No
person in the United States shall on the ground of race, color,
sex, or nationa/ origin, be exc!ud~d from participation in, be
-denied the benefits of~ cr be othem~;ise subjected to discrimina-
tion under any program or activity for ~b_ich the applicant
receives Federal financial ~ssistance and will ~r~cd_a.oly take
any measures necessary to effectuate this agreement.
¢. It will comply uith Title VI of the Civil Riggers Act of 1964 (42
USC 2OOOd) prohibiting employment discrimination where (1) the
primary purpose of a grant is to provide employment or (2) discrim-
inatory employment practices %~11 result in unequal treatment of
personn who are or should be benefiting from' the grant-aided
activity. .
Assurances and Certifications
d. It %~ill comply with requiramonts of the provisior~s of ~the
Uniform Relocation Assistance and R~al Property Acquisitions
Act of 1970 (P.L. 91-646) which provides for fair and equitable
treatment of porsons displaced as a result of Federal and
federally assisted programs.
· e. It %~ill comply %~th the provisions of the Hatch Act which
limit the political activity of employees.
f. The program under the Act does not involve political activities.
g. It will establish safegu~rds to prohibit enployees from using
theil- position~ for a pu~ose that is cr gives the appearance
of being notivatcd by desire for private gain for themselves
· or others, p~rticularly those with ~om they have family,
' ~usiness or other ties.
,
·
h. It will give the De-oartment of Labor and the Comptroller G0n~ral,
through any authorized representative, the access to and the
right to er~gr~ine all records, books, papers or docun, ents related
to the grant.
:
i. No person ~,ith respons~-ibilit~_~s in the opsration of ~uy program.
under the ;.ct ~11 d~criminate with ~~+ *~
any progr~ participant or any applicant for p,mrticipation in
such progr~u because of race, creed, color, national origin,
political affiliation or beliefs. (Sec. 603(1), 612)
J. Participants in the program will not be employed on the construc-
tion, operation or rmintenance of that part of any facility ~'hich
is used for religious instruction or ~'orship. (Sec. 603(3))
k: Appropriate. standards .for health and safety in work and 'training
~ituatior~s will be mainta/ncd. (Sec. 603(5))
1. Condition.~ of employment or trsin/ng will be appropriate and
reasonable with regard to the typ~ of work, the geographical
region and the pz~£iciency of the applicant. (Sec. 603(4))
m. Appropriate work~.an's conoensation protection '-will be provided
to all p~rticipants. (Sec. 603(6))
n. The program will not result in the displacement o'f employed
workers or impair existing contracts for services or result in
the substitution of Federal funds for other funds in connection
with work that uould otherwise be performed. (Sec. 603(7))
o. Training will not be for any occupations uhich require less than
two ueeF~s of pre-euploy~ent training,'unless immediate employment
opportunities are available in t.kat occupation. (Sec. 603(8))
·
Assurances and Certificatior
p. Training 'and related services, will, to the zaximum extent
practicable, be consistent with every individu,~l's fullest
capabilities and lead to employment opportunities which will
enable participants to become economically self-sufficient.
· (Sec. 603(9), lOS(a) (6))
q. Institutional skill training and training on the job shall only
be for cccuoations in ~.,hich the Secretary or the prime sponsor
has dete~sincd there is reanormble opportunity for employment.
(Sec. 6o3 (lo))
r. CETA funds will, to the extent practicable, be used to
supplement, rather t,han supplant, the level of funds that
would otherwise be av~]nble for the planning and administration
of programs under the prime sponsor's grant. (Sec. 603(11))
·
s. It will subzit reports as required by the Secretary and will
maintain records and pro'ride access to them as necessary for
the Secretary's revic~ to assure that funds are b~ing e~.~p~nded
in accordance ~th the purposes ~nd provisions of the Act,
· including the maintenance of records to assist the Secret~u"! in
determining the extent to ~'hich the pro~r~u meets the special
needs-- of disadvantaged, chronic,'~kly ~ucuployed, and lo~ inccne
persor~ for ~-~cuing£ul ~n~iuj~ent opportunities. (Sec. 603(12),
t. The program ~ill, to the maximum extent feasible, contribute to
the occupational development or upward mobility of individual
participants. ,(Sec. 603(13)) ..
u. The program has adequate a&uinistrative and accounting controls,
personnel st~_ud~urds, evaluation procedures, availability of
· . in-ser~zice traini~ and technical assista~nce programs, and other
policies as may bc necessary to pro~oto the effective use of
funds. (Sec. 603(14) )
v. The program makes appropriate nrovision for the'manpower needs
of youth in 'the area served. (Sec. 603(15)), and will assure that
·
' (1) Individual receiving training on the job shall be ,
compensated by the employer of such rates, including
periodic increases, as m~y be deemed reasonable under
reo~lations prescribed by the Secretary, but in no event
at a rate less than that specified in Section 6(a)(1) of
the Fair L~bor Standards Act of 1938 or, if higher, under
the applicable State or lccal minimum law. (Sec. 111(b))
:u~'ances and CcrtificatJ~ons
(2) Persons employed in public service jobs under thi~ Act
be pa_id wages which sh~ll not be lower than whichever is
the high, est of (a) the minim~n wage which would b~
applicable to the employee ur. der the Fair Labor Standards
Act of 1938, if section 6(a)(1) of such title applies to
the participant and if he were not exempt under section 13
thereof, (b) the State or local minimmm wage for the most
nearly comparable covered employment, or (c) the prevailing
rates of pay for persons employed in similar public
occupations by the sane employer. (Sec. 208(a)(2)-)
·
w. It will comply vith the labor standards requirements set out
out in section 606 of the Act.
,x. It will comply vith all requirements imposed by the Department'
of. Labor concerning soecial requirements of law, program
requirements, amd other adni~strative requirements approved in
accordance with Office of Ha~ung¢ment and 2udget Circular No. A-102.
v. Services and activities p~oVided under this' Act will be administered
by or under the supervision of the applicant. (Sec. 105(a)(1)(D))
(c) · ,
·
- ,_c&n~ further s~.-.sures z~ud certifies tha~ neisner it nor any
other units pla~uncd for participation in the project s_re listed on a
debarred list due to violationn of Titles Vi or VII of the Civil Rights
Act of 1964, nor are ~ny proposed potties to the contract aware of any
pending action which mig~%t result in such debarment.
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· , · ·
..
'souranccs a~.d Certifications
B. Additiomnl As~ura~ce,~ Re].atin~, to t%'~blic Ser"~ice F. mnlovment Pro~.~r~ms-and
· - _~ _ .:_ - ~.
Al.]. Activities )'undod Uu:i~r Title Ii
The grantee also will: "
· . ,
.assure, for proEm, ams under Title II of the Act, that only persons.'.
residing uithin the areas of sub,~tantial unemployment qualifying
.for assistance ~I1 be hired to fill jobs created under Title II of
the Act, and that the public services provided by such jobo shn]!,
to the extent feamible, be designed to benefit the residents of
such areas; (£e~. 205(c)(3))
· :
2. assure that special consideration will be given to the filling of
jobs which provide sufficient prospects for advancement or
suitable continued e~ .....
..~.~nt by providing complementary traininE
and manpower services designated to (1) promote the advance~en~ of
participants to enplo~ent or training opportunities suitcble to
the individuals involved~ ~hethor in the public or private sector
of the econo~y, (2) provide participants ~ith skills for which there
is an anticipated high dm~3_ud~ or (3) provide p~rUicip~.ts with self-
,. development skills; provided however that nothing contained in this
paragraph shall be construed to preclude Persons or programs for
~ho~ the foregoi~ goals are no.t £easible or appropriate; (Soc. 205
(c) (4) .."
·
·
3- assure (1) that special consideration in filling jobs will be given
to unemployed percons who served in the armed forces in Indockina
or Korea en or after August 5, 1964, in accord~nce with criteria
established by the Secrets_~y (and vho have received other than
dishonorable discharges), and (2) that it ~hall (i) m~<e special
efforts to acqu~±nt such veterans ~ith tho program and the public
service jobs available to veterann under the Act, and (ii) coordinate
efforts in bch,.xlf of such veter~mus with those activities authorized
by chapter 41 of Title 38, United States Code' (relating to Job
Counseling and Employment Services for Veterans), or carried out
by other.public or private organizmtions or agencies; (Sec. 205(c)(5))
4. assure that, to the entent feasible, ~ublic service jobs shall be
.provided in occupational fields wh/ch are most likely to ezpand
within the public or private sector as the unemplo2-ment rate recedes;
(Sec, zeD(c).(6) )
assure that special consideration in filling transitional public
service jobs will be given to unemployed persons who are the most
severely disadvantaged in terms of the length of time they have
been unemployed and their prospects for finding emplozrmenu without
assista~ucc, but such special consideration ~2~all not authorize
the hiring of any person when a~uy oth~r person is on lay-off from
the same or any substantially equivalent Job; (Sec. 205 (c)(7))
6o assure that no funds ~ill be used to hire any p~.rson to fill a ~ob
opening in ls.ying off or te~.~in-~ting the e~ployr, ent of any other
.
regular emolo7cc not suppor~cd under the Ac~ in ~ticipation of
filling the vac~cy so created by hiring ~ employee to be
supported ~der the Act; (S~c. 205(c)(8))
~s~e that due consideration be ~ven to perso~ who h~ve
~ticipated in m~oo~or tra~i~ pro~s for ~hcm e~plo~ent
opportu~ties ~o~d'not be other~se i~mc~ately av~labl~;
8. ~s~e t~t pcrio~c review proced~es established p.~s~ut to
section 207(a) of the Act will be complied ~'ith; (Sec. 205(C)(17))
9- ~s~e that ~encies ~d i~titutio~ to ~hon fi~ci~ ~sist~ce
.is made av~lable ~uder this title have ~dert~en or uill ~:dert~e,
~ys~s of job descri~tio~ ~d reev~tio~ ~d, where shown
.necess~--y, rcvisio~ o~ qu~ification req~rem~n~s at ~l levels of
emplo)~ent, including ci%~il se~;ice req~remen~s ~d practices
relating there:o, in accord~ce ~th re~atio~ prescribed by the
Secret~, u_tn a vie~ to~:~d removing ~tifici~ b~riers to public
emplo~ent of those ~hom it is the p~ose of Title II to ~sist;
10. ass~e that, ~ere appropriate, it ~ll m~ntain or provide li~es
~th upending ~d oth~r u~=o~'er progr~s for th~ p~pose of (1)
provi~ng those perco~ euolcyed in oublic se~ic~ jobs %~ho want to
p~su~ %'ork ~_th the employer, in the so~e or s~il~ work, ~ith
opport~ities to do so ~d to find ~e~3.~ent, upu'~dly mobile
c~eers in that field, ~d (2) prov~di~ those perso~ so employed
~o do not ~Ash to p~sue ne~ent c~-eers 'in such field, ~d
(3) pro,ding those pers~ so employed ~o do not ~sh to p,~sue
pe~ent c~eers in such field, ~th opport~ities to seek, prep~e
for, ~d obt~n ~ork in other field; (Sec. ~5 (c) (19))
11. ~s~e that ~l perso~ emnloyed ~der ~y progr~., ether th~
necess~ tec~c~, supe~ziso~, ~d a~i~s~rative personnel,
~ll be selected from ~o~ ~employed ~d ~derenployed person;
12. ~s~e that the pro~ ~ll, to the m~~ extent legible,
contribute to the elini~ion of ~tifici~ b~riers to ~mplo~ent
~d occupatio~ adv~cezent, inclu~nE civil service requirements
~ch ~~t enplo~ent ooport~ties for the disadv~taged;
...
.
. .
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Assurances and Ccrtificatio"
·
..
13. ass',~re that not more than One-third of the particip,xnts in the
program will be enployed in a bona fide pro£crsionnl capacity
(as such term is used in section 1~a)(1) of the Fair Labor
Standards Act of ~938), except that this paragraph shall not be
applicable in the ca,~c of pa~ticipants e~?loyed as classroon
teachcrs~ and the Secreta~'-! nay ~,aive this lir~itation in
exceptio.-ual circ~r.~stances; (Soc. ~35(c)(22))
1'4. assure that jobs will be allocated equitably to loc~l governments
and ag.encies ta?~inff~ into accotuut ~he nut, her of tuuemployed p~rsons
vithin th'~eir jurisdictions and thc needs of the agencies; (Sec.
(c)(23))
15. assure that tho jobs in each job category in no way infringe upon
the promotional opportunities ~.~hich would otherwise be available
to persons currently emoloyed_ in public service jobs not subsidized
under the Act, and .assure that no Job will be filled in other than
an entry level position in each job catcgor"y until applicable
personnel procedures and collective bargaining agreements have been
complied with; (Sec. 205(c)(24))
16. assure that jobs are in addition to those .that would be funded,
by the sponsor in the absence of assistance under this Act.
Soeci? Certification for State Grantees
A State grantee further assures and certifies that it ~ill comply
with the require~ments and provisions of section 106 and section 107
of the Act.
The applicant also certifies that the 'information in this application is
correct to the best of its knowledge and belief and the filing of this
application has been fully authorized.
· .
.
- CITY OF UKIAH
(Legal Name of 'Appl, iCanu)-
-~'g~at:~ '° f-Aut'~°riZed weinkauf - O:ficer)
Gary M. · '/
.. Mayor
- (Typed Name and Title of
Authorized Officer)
· 203 South School
(Address).
Ukiah, California 95482
August 6~ 1975
(Date of Application)
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CETA AGREEMENT
This agreement is entered into this _6th day of _._i~gust
197. , between the County of Mendocino (hereinafter referred to as "County")
and CITY OF UKIAH
(hereinafter referred to as "Sub-grantee").
WHEREAS, the Comprehensive Employment and Training Act of 1973
(CETA), Public Law 93-203, was enacted in order to decategorize and decen-
tralize manpower programs to the maximum extent feasible; and
WHEREAS, the United States Department of Labor has provided
financial assistance to the California Employment Development Department
(hereinafter "EDD") and the County to carry out a comprehensive manpower
program in the Balance of State not otherwise served by a CETA prime sponsor~
and
WHEREAS, in order to carry out the general policy of CETA, EDD
desires to involve governmental units which are directly responsible to
local communities in the planning and operation of CETA projects in the
Balance of State; and
WHEREAS, in order to further this general policy the County de-
sires to involve public and private non-profit units in CETA projects
operating within the geographic limits of the County:
NOW, THEREFORE, the parties agree:
1. The term of this agreement isJuly 1, 1975
through June 30, 1976
·
2.~ Sub-grantee agrees to comply with all of the terms and provi-
sions of Public Law 93-203 and all regulations adopted by the federal
government and by the State of California pursuant thereto, and the Sub-
grantee shall provide twenty (20~ositions and strict supervision insofar
as they pertain to it as an organization in accordance with Exhibit A the
CETA TITLE II OCCUPATIONAL SUMMARY, attached hereto and made a part hereof,
and shall comply with Exhibit B, ASSURANCES AND CERTIFICATIONS, attached
hereto and made a part hereof.
3. The County shall reimburse the Sub-grantee an amount not to
exceed $ 107,234.O0 for its actual and necessary expenses.
4. The County, EDD and/or the U.S. Department of Labor shall have
the right to observe and monitor all conditions and activities of this CETA
project, and the Sub-grantee shall maintain such programs and fiscal records
and make such programs and fiscal reports as are required by EDD, County
and/or the U.S. Department of Labor with regard to this CETA project.
5. The Sub-grantee agrees that the County, EDD or U oS. Department
of Labor shall have access to and right to examine and audit all records,
books, papers or documents related to the conduct of programs funded by
this agreement. The Sub-grantee further agrees to retain all such records,
books, papers or documents pertaining to this agreement for three (3) years
from the termination of this agreement.
6. Termination:
(a) The County may terminate this agreement upon written
notice at such time and to such extent as funds are' reduced or ~not. made
available to the County by the U.S. Department of Labor for the 'project
covered by the attached CETA TITLE II OCCUPATIONAL SUMMARY. However, to
the extent that funds are granted by the U oS. Department of Labor for the
operation of this CETA Project, subject to the provisions, of this agree'
ment, such funds shall be allocated for the completion of this agreement;
(b) All notices of termination provided for in this sub-
section may be personally delivered or may be delivered by deposit in the
United States mail, postage prepaid, and shall be deemed to have been givea
at the time of personal delivery, or as of the date of deposit in the mails.
Notices to the County shall be addressed to: ~,~,~ ~~ .
209 W. Mill Street, Ukiah, CA 95482 .
7. This agreement may be amended only in writing by the parties.
8. At the conclusion of the project, all uneXpended funds held
by the Sub-grantee shall be returned to the County.
APPROVED: APPROVED:
C~TY OF UKIAH
~ame / G~ry M. Weinkauf /
~ it le Mayor
Date
August 6, 1975
m ame
County Administrator
Title
Date
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