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HomeMy WebLinkAbout77-431 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 30 31 32 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING SIGNATURE TO CETA TITLE II CONTRACT WHEREAS, the City of Ukiah is a current Subgrantee of Mendocino County for CETA Title II funds, and WHEREAS, to continue funding under CETA Title II throuah September 30, 1977 it is necessary to enter into another contract as subgrantee. NOW, THEREFORE IT IS HEREBY RESOLVED that the City Manager is authorized to sign the sUbgrant, assurances and standards for continued CETA Title II funding. PASSED AND ADOPTED this !;rd day of by the following roll call vote: 1976 NOES: ABSENT: iione // MAYOR ATTEST: CITY CLERK 'PROGRAM AGENT: · County of Hendocino Courthouse, Room 202 Ukiah, CA - 95482 SUBG}~NTEE C[.ty of Ukiah 203 South School Stree-t- Ukiah, CA 95482 This Subgrant is entered into by the Program Agent and the (5) City of Ukiah here~.nafter referred to as Subgrantee. The Subgrantee agrees to operate the des~.gnated portions of the Compre]~ensive Employment and Traintu~ Subprogram in accordance with the provisions of this Subgrant. This Subgrant consists of this sheet and those of thc following, as designated with an "X": Project Operating Plan and Supplement (Exhibit A), . Project Narrative (Exhibit B), Project Budget (Exhibit C), Occu- pational Summary (Exhibit D), Assurances and Certificat'ion-s. It is expressly under~';tood by th~ Program~Agent 'and the Subgrantee that the Program Agent has made application to the Balance of State (BOS), State of California (CETA) for a grant of funds under the Comprehensive Employment and Training Act of 1973 for the purpose of funding services under this Subgrant and that Program Agent is not obligated to provide funds to Subgrantee and Subgrantee is not obligated to provide services under the Agreement until such funds are made avJilable to Program Agent by t~e Balance of State (BOS). . ~LLOCATION The t~tal funds allocated for (6), Title II, are (7) $ 126,000 .~nd cover the period (8) October 1, 1976, through (9) September 30, 1977. 3BLIGATION The Program Agent's total fund obligation to the Subgrantee for this program is (~o) $ ~3,ooo PPROVED FOR THE SUBCRANTEE 15) NAME & TITLE James A. Sw~yne City Manager DATE 11-3-76 APPROVED FOR TIlE PROCRAH AGENT (16) By (Signature) , · (17) NAHE & T1TLE Edward 3. tluddleston Manpower Officer I)ATE Oct. 4, 1976 STANDARDS OF PROJECT A. The Subgrantee agrees the intent of CETA is to place as many people as possible in unsubsidized employment as quickly as possible. To accomplish this goal the following policies and objectives will be used. 1. Work .Ex.perience Work experience is a short term assignment to directly enhance the future employability of youth or to increase the potential of adults in attaining a planned occupational goal. Participants who will be entering the labor force in the near future should be er~rolled. Work experience is not designed to be an income or educational maintenance program. Work Experience parti- cipation will be limited to nine (9) months or 1584 hours (9 months x 176 hours = 1584 hours) which ever comes first. 2. Public Service Employment Enrollment in public service employment is limited to eighteen (18) months (exception: Prime Sponsor approved extension}. Public Employment Program (PEP) time is to be considered as public service employment time. This policy is intended to increase the percentage of placements to non-positive termin- ations and to serve the maximum number of participants. 3. Unplanned Carry-Over Monies Unplanned carry-over money is money previously allocated for a specific function, but that was not spent for various reasons such as late start-up, salary savings, under-enrollment, etc. Due to the high level of unemploy- ment in BOS counties, this Prime Sponsor cannot afford subgrantee nonper- formance in excess of 15%. a. Therefore, Title I unplanned carry-over monies will be recaptured by the Prime Sponsor on a quarterly basis beginning December 31, 1976. These monies will be reallocated by the Prime Sponsor for special pro- jects to ensure CETA money is being used to serve the maximum number of BOS county residents. b. Therefore, Title II and VI unplanned carry-over monies will be recap- tured by'the Prime Sponsor on a quarterly basis beginning December 31, 1976 (exception: Program Agent Counties). These monies will be reallocated by the Prime Sponsor to counties of proven performance. 4. Title II Placement Goals The intent of CETA is to place participants in unsubsidized employment; accordingly, this subgrantee adopts the following placement goal for Title II Public Service Employment. Check one: Placing half of the cumulative participants in unsubsidized private or public sector employment. Placing participants in half the vacancies occurring in suitable occupations in the employing agencies' permanent work force which are not filled by promotion within the agency. CETA 59 (5/76) STANDARDS OF PROJECT B. The Subgrantee also agrees: 1. That performance will be in accordance with the Project Narrative within the period of this subgrant. 2. There will be no delays in performance except those listed below. 3. That major subgrant modifications will be submitted to change any budget item or participant service level by more than 5%. 4. Ail statistical and fiscal reports will be submitted as scheduled by the Prime Sponsor. 5. That all subcontractors and participating agencies under this subgrant will adhere to standards adequate to provide compliance with this subgrant. 6. To comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act and Federal Water Pollution Control 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 Subgrantee) 203 SOUTH SCHOOL UKIAH~ Calif. (Address) James A. Sw~¥ne,...City Ma~aqer (Typed Name & Title of Authorized Officer) November 3, 1976 (Date of Application) CETA 59 (5/76) · ASSURANCES ~A"D CERTIF!CA%IONS A. Gencral'Assurances 1. The Subgrantee assures and certifies that: a. It will comply witt~ the requirements of the Comprehensive Employment and Training-Act (CETA) of 1973, as amended (P.L. -S3-203, 87 Stat. 839 93-56~, 88 Stat° 1845), hereinafter referred to as the Act, and with the regu- lations and policies promulgated thereunder; and b. It will comp].y with OMB Circular number A-95 and Federal }renege,mont. Circlers (PHC) 74-4 and 74-7, as those circulars relate to functions such as the utilization of-fund'.;, the operations of programs, and maintenance of recordu, books, accounts, and other documents under thc Act. 2. The Subgrantee further assures and certifies that if thc regulations promulgated pursuant to the Act are amended or .revised, it shall comply ~:ith them or notify CETA-Balance-of-State (C-BOS) within 30 days after promul, gation of the amendments or revision tI~at it canuot so confo't~n, so that thc Prime Sponsor may take appropriate action inc].uding teznnination, if necessary. 3. In addition to the requirements of 1 and 2 above and consistent with the regulations issued pursuant to the Act, the Subgrantee makes the following assurances and certifications: a. I.t possesses legal .authority to apply for the gubgr~.nt; that a resQlution, motion, or similar action has been duly adopted or passed as an officiol act of the Subgrantee's governing body, authorizing thc filing of the app].ication, i~c].uding all understandings and assurances contained therein, and directing and authorizing the person identified as the official represent- ative of the applicant to act in connection with thc application and to provide such additional infoz~.ation as may be required (sections 102(a); 70!(a)(9) and (~0)). . b. It~will comply with Title VI of the Civil Rights Act of 1964, (P.L. 88.-352), and in accordance with Title VI of that Act no person in the United States shall on the grounds of race, color, sex, or natioi~al origin, be excluded from'participation in, be denied thc benefits of, or be subjected to discrimination under any program or activity for wliich the ~ubgrantue receives Federal fiuancial assistance and will inmmdlately take any measures necessary to effectuate this agreement. c. It will ccmp].y with Title VI of the Civil Rights Act of ].964: (42 USC-2000d) ?rob!biting employment discrimination where (1) the primer?: purpose of a grant i~.; to provide employment or (2) discriminatory employment practices wi].], result in unequal treatment of persons wb.o are or should be benefiting from the grant-aided activity~ -1- c~u'^ 42 ASSURf~NCES AhD CERTIFICATIONS d. No person with r~:sponsibilities in the operation of any progr.~,~ under the Act will discriminate with .respect to any program participant or any applicant for participation t.n sucl~ program because of race, creed, color, national orign, sex, age, political affiliation or beliefs (section 703 (1) and 712). e. It will comply with the requirements of the provisions of the Unifo~m~ Reloction Assistance and Real Property Acquisition Act of 1970 (P.L. 91-6&6) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally-assisted pr.ograms. f. It will comply with the provisions of the Hatch Act which limit the p~)litical activity of employees. · g. It will comply with the requirement tha~ no program under the Act shall involve political activities (section 710). h. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being raotivated by a desire for private gain for thcn..~.elves or others, particu- larly those with whom they have family, business, or ~tt~cr ties (section 702 i. It will give [he Prime Sponsor, Department of Labor and the Comp- troller Genera]. through any authorized representative the access to and thc right to examine all records, books, papers, or documents related to the ~ubgrant (section 713(2)). J. Participants in the program will not be employed on the con-. struction, operation, or maintenance of that part of any facility which is used for religious instruction or worship (section 703(3)). k. Appropriate standards for health and safety in work and training ~ituations will he maintained (section 703(5)). 1. Conditions of employment or training will be appropriate and resonable with regard to the type of work, the geographical region and the proficiency of the applicant (section 703(4)). m. Provision of workmen's compensation protection to participants in on-the-job training, work experience, or public service employment programs under the Act at the same level and to the same extent as other employees of the employer who are covered by a State or indu'.;try workmen'~, compensation statute; and provision of workmcn's compensation insurance or medical and accident insurance for injury or diseas6 resulting from their participation to those individual~-~ engaged in any program activity under the Act, i.e., work experience, on-the-job training, public servide employment, classroom training, services to participantt~', and other activities where oth(;rs similarly engaged are not covered by an applicable workraen's compensation statute (sections 703(6) and 20.~(4)). CETA 42 (5/76) CEkTIFICA~ IONs ASSU~MCES AND ' · - e n. The program will not result in the displacement of employed workers or impair existing contracts for scrMices or result in the ~ubstitution of Fcdcr.~l funds for other funds in connection with work that would otherwise be perfomned (section 703(7)). o. Training will not be for any occupations which require less than two weeks of pre-employmenttraining, unless ~n~mcdiate employment opportunitie's are available in that occupation (section 703(8)). p. Training and related services will, to the extent practicable, be consistent with every individual's fullest capabilities and lead to , employment opportunities which will enable participants to become economically self-sufficient (sections 703(9) and 105(a)(6)). q. Institutional skii1 training and training on the job shall only be for occupations in which the Secretary or the prime sponsor has deter- mined there is reasonable expectation for employment (section 703(10)). r. CET/~ funds will, to the extent practicable, be used to supple- ment, rather than supplant, the level of funds that would othez~ise be available for the planning and administration of programs under the eligible applicant's grant and this subgrant (section 703(11)). ~. It will submit reports as required by the Prime Sponsor and the Secretary and will maintain records and provide access to them as necessary for the Prime Sponsor and the Secretary's review to assure that fonds are being expended in accordance with the purposes and provisions of the Act, including the maintenance of records to assist the Prime Sponsor and the Secretary in determining the extent to which' the progr~a meets thc special needs of disadvantaged., chronically unemployed, and low income persons for meaningful employment opportunities (sections 703(12) and 311 (c)). t. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual partici- pants (section 703(].3)). u. The program has adequate administrative and accounting controls, personnel standards, evaluation procedures, availablility of inservice training and technical, assistance programs and other policies as may be necessary to promote the effective use of funds (section 703(14)). v. The program makes appropriate provision for' tlte manpower needs of youth in tl~e area served (section 703(15), and will assure that: - (1) Individuals receiving tratntng on tl'~e Job shall, be corn- , pensated by the employer at such rates, including pc_riodic increases, as may be deemed reasonable under regulations pre-scribed by the Secretary, but in no event at: a rate less than that specified in Section 6(a)(1) of tl~e Fair Labor Standards Act of 1938 or, if higl~er.', under tim applicable State or local minimum wage law. Wages in the Cor, waonwealtt~ of Puerto Rico, the · Virgin Islands, ?oncrican Saraoa, and the Trust Territory of the Pacific Islands sltall be consistent with the Federal, Stat.e, or local law otherwise applicable (section lll(b)). --3- CETA 42 (5/76) ASSUP&NCES fuND CERTIFICATIOItS (2) Persons employed in public service Jobs under tills' Act ,hall be paid wages which shall not be lower than whiclmver is the highest of (a) the minimum wage which would be appl. icable to the employee under tile 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. Wages in the Comm~om,'calth of Puerto Rico, the Virgin Isla. nds, American Samoa, and the Trust Territory of the Pacific Islands shall be consistent with thc Federal, State, or local law othe~wise appll, cable; (b) the State or local minimum wage for the most nearly comparable covered employment~ or (c) thc prevailing rates of pay for persons employed · in similar public occupations by the same eraployer (section 205(a)(2)). w. It will comply with thc labor standards requirements set out in ~ection 706 of the Act. x. Services and activities provided under this Act will be sdmin- istered by or under the supervision of the subgrantee (sections 105(a) (].) (B) and 205(c) (1)). ' y. No funds made available under the Act shall be used for lobbyists activities in violation of 18 USCA 1913. z. If the applicant is financed by cash advance: (1) Cash advance drawdowns will only be initiated when actually needed for its subgrant(s) disbursements; (2) -Timely reporting of ca-st~ .di.sbur-sement-s and bal.anccc will be made to the Prime Sponsor as required; (3) It will impose the same standards of timing and amount upon · any eecondary recipients including the furnishing of reports of cash dis- bursements and balances. B. Additional Assurances for Title I Programs In carrying out programs under Tiile I of the Act, the Subgrantee assures and certifies that: 1. Monpower services, including job development, will be provided to those most in need of them including low income persons amd persons of limited English-speaking ability, and that the need for continued funding of programs of der,~onstrotcd effectiveness is considered tn serving such persons (~ection 105(a) (1) (D)). · 2. Programs of institutional skill tratning shall be desi. gncd for occupations in which skill shortages exist (section 105(a)(6)). 3. The plan meets all. the requfremcnts of section 105(a) and the Sub- grantee wil,t comply with all provision';' of the Act (section 105(b)). , 4. It will make such arragcmcnts as are prcscrib~:d by regulation to assist the Prime Sponsor in carrylng out l~ts responsibilities under sections 105 and 108 of ttm Act (section 105(a)(7)). .. ASSUI~NCES A~ND CERTIFICATIONS 5. Special consideration will be.given to the needs of eligible disabled veterans', spectral veterans, and veterans who served in the Armed Forces and who received other thanadis]~onorable discharge within four years before the date o~ their application. Each subgrantee in se].ecting participants for programs funded under Title I of tt~e Act, shall take into consideration the extent that such veterans are available in the area. Specific effort ,';hould be made to develop appropriate full or part-time opportunities for s~:ch veterans. The Subgrantee should utilize the assi. s- tance of the State and local veterans employment service representative in formulating its program objectives. on a continuing and t'imely basis, information on job vacancies and training opportunitcs funded under Ti. tlc I of the Act shall be provided to thc State and local vetera~ employment service representative~ for the purpose of disseminating information to eligible veterans (section 104(b) of Emergcnc. y Jobs and Unemployment Assistance Act of 1974). Additional Assurances Relating to Pub].ic Service Emp!_~!,ment Pro, rares Fo~' public service employment activity, the Subgrantee further assures and certifies that: 1. Special considerabion will be given to the filling of Jobs ~;hich provide sufficient prospects for advancement er suitable continued employ- ment by providing cop~.plementary training and manpo+:er services designed to (1) promote the advancement of participants to cmplosnnent or training opportunitic~ snitabie to [he individua'l$ involved~ wh~ther in thc public or private sector of the economy, (2) provide participants with skills for which there is an anticipated high demand, or (3) provide participants with self-develo?ment skills; except where exempt under the provisions of section 604 of the Act, provided, however, that nothing contained in this paragraph shall be construed to preclude perso~s or programs for the foregoing goals are not feasible or appropriate. (sections 205(c)(4) and 604). 2. To the extent feasible, public service Jobs shall be provided in occupational fields which are most likely to c~xpand within the public or private sector as the uncmplo)~nent rate reced.es except where exempt under section 604 of the_Act (sections 205(c)(6) and 604). 3. Spect. al consideration in filling transitional public service jobs will be given to unemployed persons ~ho are the mos~- severely disadvantaged in terms of the length of time they have been unemployed without assistance, but such special consideration shall not authorize the hiring of any person when any other person is on..lay-off from thc same or any substantially equivalent job (section 205(c)(7)). . 4. No funds ~tl]. be. used to hire any person to fiI1 a job opening created by thc action of an employer in laying off or terminating tl~c employment of any otl~er regular employee not supported under the Act in anticipation of filling thc vacancy so created by hiring an_employee to be supported under the Act (section 205(c)(8)). c~^ 42 (5/76) ASSUJL~CES AISD CERTIFICATIONS 5. Due consideration will be given to persons who have participated in manpower training progroms for wl~om cmploy~aent opportunities would not otherwise be immediately available (section 205(c)(9)). 6. Periodic review procedures establisl~ed pursuant to section 207(a) of the Act will be complied with (section 205(c)(17)). 7. Agencies and institutions to whom financial assistance is made available under this title have undertaken or ~zill undertake, analyses of Job descriptions and reevaluations and, where: shown ~:ecessary, revisions of qualification requirements at all levels of employment, including civil service 'requirements and practices relating thereto, in accordance' with regulations prescribed by tim Secretary, with a view toward removing artificial barriers to public emplo)~ent of those whom it is the purpose of the Act to assist (section 205(c)(18)). · 8. Where appropriate, it will maintain or provide linkages with up- grading and other manpower programs for the purpose of (1) providing those persons employed in public service jobs who want to pursue work with the employer, in the same or similar work, with opportunitt, es to do so and to find permanent~ upwardly mobile careers in that field, and (2) providing those persons so employed who do not wish to pursue pe'~anent careers in such field, with opportunities to seek, prepare for, and obtain work in other fields (sections 205(C)(19) and 604). · 9. The program ~zill, to the maximum extent fcasible~ contribute to the elimination of artificial barrie'rs to employment and occupational advancement, including opportunities for the disadvantaged (section 205 (c) (z'~)). 10. Not more than one-third of the participants in the program will be employed in a bon~ fide professional capacity (as s'oct~ term is used in ~ection 13(a)(1) of the Fair Labor Standards Act of 1938), except that this paragraph sh~ll not be applicable in the case of participants employed as classroom teachers, and the Secretary may waive this limitation in exceptional circumstances (section 205(c)(22)). 11. Jobs will be alloc'ated equitably to local governments and agencies taking into account the number of unemployed persons within their juris- die[ions and the needs of the agencies (section 205(c)(23)).~ ]2. The 'jobs ~.n each job category in no ~ay infringe upon thc pro~ao- tional opportunities wl~ich would otherwise be available to persons cur- rently employed In public service jobs not s~bisidized under the Act, and assure that no Job will be filled in other than an entry level posi- tion in eac]~ job category until applicable personnel procedures and col- lective bargaining agrcemen[s have been complied with (section 205(c)(24)). 13. Jobs are in addition to those that would be funded by the Subgrantce in the ab~,cnce of assistance under the Act (section 205(c)(25)). D. Additional Assurances for Title II Pro.~rarns, All assurances in C above apply to activit, iev funded under Title II. In addition, tlt~ Subgraht.ee will assure that.: __ -6- c~'r^ 42 (5/76) ASSURANCES AND CERTIFICATIONS (1) Ca~ly persona residing within thc areas of substantial unemployment qualifying for assistance will be hired to fill job'0 created under Title II of the Act and the public 6ervices provided by sx~ch Jobs shall, to the c×tcnt feasible, be designed to benefit the residents of such area~ (section 205(c)(3)). (2) All per~ons employed Under any program, other than necessary tech- nical, supervisory, and adminiatrative personnel, will be selected from ~n-- employed and underemployed persons (section 205(c)(20)). (3) Special consideration shall be given to eligible dt.~ablc:d veterans, e, pecial veterans, and veterans who served i~ the Armed Forces and who re-, ceived other than a dishonorable discharge within four year~ before the date of their application. Each Subgrantee selecting participont~ for programs funded under Title II. of the Act, shall take into co~sideration tt,.e extent that 'ouch veterans 'are available in the area. Specific effort ~l~ould be made to develop appropriate full or part-time opportunities for ouch veteran,~. In order to insure special consideration for veteran~, all public t:ervice' employment vacancies under Title II, except tho~e to which former employees are being recalled, mu~t be livtecl with Employment Development Department t,t least 45 hours (excluding Saturdays, Sundays and holIday~) be;fore such va- cancies are filled. During this period, the employment ~ervice may refer those veterans specified above. If 'sufficient nombers of veterans are not available, the employment service, upon request, may also refer members of other ~ignificant segments. All other applicants are to be referred after the 48-hour period (rection 205(c)(5)). The Subgr'antee should utilize the assistance of State and local veterans emplo)nnent representatives in formu- 'latins 'its progrmn Objectives. Each Subgrantee shall, on a continuing and timely basis, provide informa- tion on joh vacancies and training opportunities funded under Title II of the Act to State and local veterans emplognnent representative~ and to other veterans organizations for the purpose of disseminating info~nnation to eligible veterans (.section 104(b) of Emergency Job~ and Unemplo)~lcnt Assis- tance Act of 1974). E. Additional Assurances for Title VI Pro r~~. Ail assurances ].n C above apply to activities funded under Title VI. In ~ddition the Subgrantee will assure that: 1. Only persons residing in the area served by the Subgrantee under Title VI of the Act will be hired to fill jobs created under the Act and that tl~e public services provided by ~;uch Jobs shall, to the exte~t fea- sible, be designed to benefit tt~e residents of ~uch areas except that funds allocated t~nder ~i'itle VI of the Act (section 603(a)(2)(B)), to an area of ~ubstantia]. unemp]oyment shall only be used to provide project and program opportunities to persons residing in those areas of oubstantial unemploy- ment (section 603(a)(2)). 2. Ail. persons employed under any program, other than necessary tech- nical, s~per¥isory, and administrative per~on~el, will be ~elected from among unemployed and underemployed person~ and that under Title VI pre- ferred considcr~tion shall be given, to the ~naximum extent feasible, CETA Z~2 (5/76) -7- / ASSU?~CES AND CERTIFICATIGNS · n~ir. tcnt with provisions of the Act, to unemployed persono who have exhausted uncmploymcmt insurance benefits, to unemployed persons who are not el~.gtblc for unemployment insurance benefits (except persons lackin~ work experience) and to unemploye.d per,oho who have been unemployed for 15 or more weeks. · The Subgrantee 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 duly authorized. CITY OF UKIAH (Legal Name of Subgrantec) 203 South School Ukiah, Calif. (Address) James A. 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