HomeMy WebLinkAboutResolution #1076RESOLUTION NO. 10 7 6
A RESOLUTION APPROVING AN AGREEMIIVT BE'1~1EEN THE CITY OF CAN'T'ON AND THE
H.O.P.E PROJECT OF FULTON COUNTY, ILLINOIS AND DIRECTING THE MAYOR TO
EXECU'!'E AND DELIVER SAID AGREII~N'I'.
Wf~.S, the Canton City Council has determined that it is necessary and
in the best interest of the City of Canton to enter into an agreement with
the H.O.P.E Project hereto attached and herein incorporated as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAN'T'ON,
Fulton County, Illinois, as follows:
1. That the agreement hereto attached as Exhibit "A" between the City of
Canton and the H.O.P.E. Project is hereby approved.
2. That the Mayor is hereby authorized and directed to execute and
deliver said agreement on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect immediately
upon its passage by the City Council of the City of Canton, Fulton County,
Illinois, and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois
at a regular meeting this 4th day of June, 1985 upon a roll call vote
as follows:
AYES: Aldermen Kovachevich, Zilly, Falcone, Sarff, Bohler, May,
Chapman.
NAYS: None .
ABSENT; Alderman Workman.
APPROVED:
J
Donald E. Edwards, Mayor
ATTEST:
N Whi ,City Clerk
i ~
NON-FINANCIAL AGREEMENT
for a
JPTA WORK EXPERIENCE PROGRAM
With a Subgrantee
of the
UNITED PRIVATE INDUSTRY COUNCIL - SDA 4f16
THIS AGREEMENT, made and entered into this 10th day of
June 1985, by and between The H.O.P.E. Project of Fulton County,
Illinois, Inc., an Illinois not for profit corporation and a JTPA Subgrantee
of United Private Industry Council SDA #16, hereinafter referred to as the
"SUBGRANTEE," and City of Canton ,
a non-profit or governmental agency, located at
Canton, Illinois ,,
hereinafter referred to as the "USER AGENCY."
WITNESSETH:
WHEREAS, the SUBGRANTEE has contracted with United Private Industry
Council SDA X116 for the sponsorship of a Youth Work Experience project under
Title II-A or Title II-B of the Job Training Partnership Act of 1982 (JTPA),
and
WHEREAS, the objective of such project is to provide work experience for
economically disadvantaged youth, and
WHEREAS, the SUBGRANTF,E i_s desirous of assigning youth who are enrolled
in the SUBGRANTEE's project, hereinafter called "Participants," to jobs with
governmental units or agencies, or with private non-profit organizations, and
WHEREAS, the USER AGENCY has submitted to the SUBGRANTEE a request to
participate in this project by providing work opportunities for such partici-
pants in jobs which will be a benefit to both the participants and the USER
AGENCY.
NOW, THEREFORE, in consideration of the premises and the agreements of
the parties herein contained, it is agreed as follows;
A. THE USER AGENCY AGREES T0:
i. Provide an appropriate amount of work to be done by the participants.
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2. Provide adequate supervision for the participants in the performance
of their work assignments, with each full-time supervisor supervising
no more than 10 participants and preferably Less than 10, and to pro-
vide supervisors of the character, background, experience and training
as to qualify them to motivate, lead, and instruct youth. It shall be
the duty of each supervisor:
a. To supervise the activities of the participants assigned to him/her;
b. to give participants the necessary orientation and instructions to
enable each participant to perform the various job functions of
each particular work assignment;
c. to provide guidance and leadership to the participants in order to
furnish motivations to learn and practice good work habits and
attitudes;
d. to engender a good work relationship between the supervisor and
the participants and between the participants;
e. to maintain records and furnish reports on each participant's
attendance, punctuality, work habits and work progress; and
f. to report on problems that arise with, or between, participants
that in the supervisor's opinion require counseling not within
the scope of the USER AGENCY, so that the SUBGRANTEE may provide
such counseling.
3. Keep such reports and to make such reports promptly as may be requested
by either the SUBGRANTEE or United Private Industry Council SDA 4116.
4. Provide safe and healthful working conditions for the participants and
to refrain from using them in activities and occupations prohibited by
law and to refrain from using the following types of equipment:
a, riding lawn mowers unless the participant is eighteen (18) years of
age or over;
b. extension ladders;
c. any motor vehicles;
d. chain saws or any motorized tree triming equipment; and
e. electrical maintenance equipment.
5. Provide each participant, insofar as may be feasible, with a varied
work experience.
6. Permit inspections and observations by the SUBGRANTEE and United
Private Industry Council SDA 4116's JTPA Office and other relevant
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agencies for the purpose of moni[ering, auditing, or visitation at
work sites and with participants on the job.
7. Provide work sites and machines, tools and supplies normally used by
workers in the performance of the same job(s) and all other items
necessary to the performance of the job(s) to which the participants
are assigned.
B. THE SUBGRANTEE AGREES T0:
1. Provide counseling as may be necessary that is not within the capa-
bilities of the USER AGENCY.
2. Provide, to the extent necessary, recruiting and testing, and referral
and job follow-up on all participants in the program.
3. Pay the wages of such participants at the rate of compensation and
upon the terms and conditions specified herein.
4. The SUBGRANTEE shall be responsible for the withholding of income
taxes and Social Security contributions from the wages of the partici-
pants and shall make all payroll reports required by the Federal, State
and local governments. The SUBGRANTEE shall pay the employer's share
of any Social Security Taxes that are required to be paid.
5. Insure all participants under Workman's Compensation insurance and
pay premiums therefor.
C. PAYMENT OF PARTICIPANTS
1. Rate of Compensation
Participants shall be paid the minimum wage per hour unless otherwise
specified by the SUBGRANTEE. Participants shall be paid only for hours of work
performed, not to exceed the maximum specified by the SUBGRANTEE and not to
exceed the total number of weeks as specified by the SUBGRANTEE.
2. Time of PaS-ment
Participants shall be paid weekly or in such other manner as designated
by the SUBGRANTEE. The USER AGENCY shall keep time and attendance records
on each participant and shall submit the time and attendance reports on each
enrollee to the SUBGRANTEE on the day following tl~e pay period being reported.
Following each pay period, the SUBGRANTEE will either (1) deliver to the USER
AGENCY the participants checks for distribution or (2) distribute the checks
to the participants at the SUBGRANTEE;s office.
D. CONDITIONS OF EMPLOYMENT AND TERMINATION OF PARTICIPANTS
1. Participants are required to attend work daily and on time. If in the
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opinion of the USER AGENCY, a participant is absent with a valid
excuse, he may make up time within the same pay period. Continual
and habitual absenses and tardiness will be grounds for dismissal.
2. The USER AGENCY may refuse, for good cause, to accept participants
assigned by the SUBGRANTEE to the USER AGENCY, providing the reason
for refusal is submitted in writing to the SUBGRANTEE.
3. The USER AGENCY may also refuse to continue the employment of a
participant for good cause, providing the reason for such refusal
is submitted in writing to the SUBGRANTEE.
4. The USER AGENCY shall not use a participant to replace a regular
employee. Further, funds provided under Title II-A or Title II-B
of the Job Training Partnership Act of 1982 (JTPA) shall only be
used by the SUBGRANTEE and L'SER AGENCY for activities which are in
addition to those which would otherwise be available in the area in
the absence of such funds. Funds provided under Title II-A or
Title II-B of the Job Training Partnership Act of 1982 (JTPA) shall
not be used by the SUBGR~IvTEE or USER AGENCY to duplicate facilities
or services available in the area from Federal, State, or local
sources, unless the USER AGENCY's proposal establishes that alterna-
tive services or facilities would be more effective or more likely
to achieve performance goals.
E. NON-DISCRIMINATION
1. The SUBGRANTEE will not discriminate against any JTPA applicant
or participant because of race, color, religion, sex, or national
origin:
a. in the assignment of an applicant or participant to USER AGENCIES
and/or specific work-sites;
b. in any later termination of a participant;
c. in providing counseling and other supportive services; and
d. in any other way.
2. The USER AGENCY will not discriminate against any JTPA applicant
or participant because or race, color, religion, sex, or national
origin:
a, in accepting or rejecting participants assigned by the SUBGRANTEE
to the USER AGENCY:
b. in any later termination of a participant;
c. in the assignment of specific tasks, duties, or working hours to
a participant;
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c. in the manner in which a participant is supervised; and
e. in any other way.
Notification will be given to the SUBGRANTEE when there are additions
or changes to the work assignments listed above. The work of the participants
will be confined to the performance of the official duties of the USER AGENCY.
Any other work performed by participants is in violation of the JTPA Guildelines
and will constitute a misuse of Federal funds. Where such misuse of Federal
Funds occur, the SUBGRANTEE holds the USER AGENCY responsible for the repay-
ment of such funds.
G. TERMINATION AND LIABILITY FOR PERFORMANCE
1. This agreement may be terminated by either party for any reason what-
soever by giving written notice to the other party not less than five
(5) working days before the intended termination date. Further, this
agreement may be immediately terminated by the SUBGRANTEE for good
cause shown. Good cause would include, but not be limited to, fraud
or abuse on the part of the USER AGENCY.
2. The SUBGRANTEE may also terminate this agreement by delivering to the
USER AGENCY a written notice of termination in the event that the
SUBGRANTEE'S agreement with United Private Industry Council SDA 4116
is terminated or cancelled by United Private Industry Council SDA 4116.
3. In no event shall there be any liability on the part of the SUBGRANTEE
or any obligation undertaken in this contract outside of or in excess
of funds furnished to the SUBGRANTEE under its contract with United
Private Industry Council SDA 4116.
H. INDEMNIFICATION OF SUBGRANTEE
The USER AGENCY agrees to furnish general liability insurance
coverage in appropriate amounts for the SUBGRANTEE and for each partici-
pant who performs work for the USER AGENCY. Such general liability
insurance shall include the SUBGRANTEE as a party insured. The USER
AGENCY agrees to furnish the SUBGRANTEE with appropriate certificates of
insurance indicating that the USER AGENCY has obtained and shall maintain
the general liability insurance coverage provided for herein. In addition,
the USER AGENCY shall idemnify the SUBGRANTEE against, and hold it harm-
less from, any liability to the USER AGENCY and any third parties arising
out of or resulting from any acts or omissions of any participant assigned
to work for the USER AGENCY, or from the acts or omissions of any employee
of the USER AGENCY.
I. SUBGRANTEES'S RIGHT TO TERMINATE PARTICIPANTS
The SUBGRANTEE reserves the right to terminate or drop from the
program any participant assigned to work for the USER AGENCY if the
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SUBGRANTEE considers such participant unsatisfactory or the participant
otherwise fails to comply with the policies and rules of either the
SUBGRANTEE or United Private Industry Council SDA 4116.
J. This agreement shall remain in force until June 3Q, 1986.
IN WITNESS WHEREOF, the parties hereto have set their hands the day
and year first above written, executed in duplicate, each of which executed
copies shall constitute an original of this Agreement.
SUBGRANTEE:
~;.C.F'.E. r ftCiJC~T, If'J
BY• Uy ~~ ~ ~;~~,s
T I ~ E :,~~~~c~ c~ ~~ •. S ~ t~-
USER AGENCY:
BY:
TITLE: ~~j~
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