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HomeMy WebLinkAboutResolution #2065RESOLUTION NO. 2065 A RESOLUTION APPROVING AN AGREEMENT BE°PWEEN THE CITY OF CAN'I"ON AND THE H.O.P.E. PROJECT OF FULT'ON COUNTY, ILLINOIS AND DIRECTING THE MAYOR TO EXECUTE AND DELIVF~t SAID AGREEtyIII~1T. WHEREAS, 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 i-i. 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 ~i.O.P.E. Project is hereby approved. 2. What the Niayor 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. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 6th day of June , 1989, upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, May, Chapman. NAYS: None. ~~~ Alderman Bohler, APPROVED: ~~ onald E. Edwards, Mayor ATTEST: Nancy Whites, City Cleric • NON-FINANCIAL AGRBB!lBNT for a Jl'TA fiOkK K%YBk1BNCB YR()GkA!! with a .°~ubgrantee of the UNITKD PRIVATI~ INDUSTRY COUNCIL -SDA itlti 9'HIS AGltlll~MKN1', roads and anterad into this __1L_~1 _ day of - 1989 by and between The H. 0. F, l+;. FROJE~~"f Qk' ~'~fL 'AN ~UUNZ'Y, ILLINOIS, Inc. , an Illinois not far prafit. corporation and a JTPA Subgr.antee of United Private Industry C;uunoi I :ALA # 16 , hereinafter referred to as the "SOIiG}tANTKK" and _._.~__.__ City of Canton a non-profit o.r governmental agency, located at ._._____._____.._... ______. 210 East Chestnut Canton, Illinois 61520 hereinafter referred to as the "USBIi AGBNCY. " WI9'NBSSI~H: WHEFckAS, the SUI3GRANTLB has contracted with (lnit.~~d F'rivat~:~ Industry ~.:ouncil SDA #1fi for the sponsorship of a Youth Work xperiE:nce I'r~~3ect under Title I.I-B of the J~,b Training Fart.i~~r:=hip Art ~~i' 1982 (JZ'1'A) , and WHh'h1rAS, the ob,iect.ive ,~f such pra~Fc,t is to provide work experience for economically disa~:lvantagad youth, ~,nci WH~K}~AS, the SUHGkANg'RK is desirous of assigning youth you are er~a•ollr.d in the SUIiGRANTBI~'S pro,iect., hArei.naftPr ~,al ted "1'arti~.ipsnt:~," to ,lobs wit}'i governmental units or ag'encieg, or with private ron-profit organizations, and WH1rk~A5 , the US]S!t AGI~NCY has submitted to the SUZ3GkANrKK a i.'~qursti t,~ participate in this proaect ry providing work %pp~~z•tunities for such pai•ticipant•s in .i~?bs which will be a benefit t.<~ h~_,th the partieiFant~r ar;~.i tl;e US13N AGKNCY. NOW, THI+:R~.~'C~1tF, in cr;r~siderat.ian of.. the prtzmises and +h~_ agi•eeme.nts of the parents herein contained, it is 3~'reed as i~ullaws; A. TNh U58k AGKNC~ AGNKBS To: 1. ~'r~,vide an appropriatz am~_unt ~~F s.ro.r~ tc~ be done by t.l~.e participar;ts. ::• Provide adequate supervision for the participants in the Performance ~,f their work assignments, with each full-time supervisor supervising no morn than 10 par•ticipa~tt.s and preferably less than lU, and to provide supc:rvis~,rs of th~~ character, background, rxperi?nce and training as to qualify them t.o motivate, lead, and instruct yc~~.~t•h. It~ shall be the duty of 9ACh supervisor: a. 'Po supervise the act:i.vities of the Participants assigned to him/he i•; b. To give participants the necessary orientat.it~n and instructions to enable each participant to perf~~rm the various ,ic,b functions of each particular work assignment; c. '!'o provide guidance and leadership to the participants in order to furnish motivati~,ns tc~ learn and practice good work habits and attitudes; d. To engender a good work relationgl-iip between the supervisor and the participants and between the participants; a. To maintain records and furnish reports on ea~~h participant"s attendance, pun~tual.ity, work habits and work pl•agi•ess ; and f. 'Pn report on problems that arise with, or between, participants that in the suparvisL,r"s opinion regriire counseling not within thn s~:ope of tht~ USBtt AGI~NCY, so that the SU)~CiRAN7'iSl~ may provide such ~,ounsel ing. 3. Kaap such reports and to make such reports prc~mptlp as may be requested by either the SO}iGkANg'13B or United F'i•ivat.e Industry Council SDA #16. 4. Provide safe aid healthful working conditions for the participants and to refrain from using them in a~-t.ivitiea and occupations prohibited by law and tc r.ef.rain from using the following types •~f equipment: a. riding lawn mowers unleGs the participant is eighteen (1t~1 years of age or over; b. extension ladders; e- any mot~ar vehi~;les; d. c1~3in saws o.r any motor.i~ed t.r.Pe trimming equipment-; and r. t' lectrica i m.,intenar~ce equipment. 5. Provida each participant, insofar as maybe Yeasible, With a varied Work experien~o. n • Permit inspections and obser. vat. ions by the SUt~GRAN'fNK a,id United Private Industry Council SUA #lh's JTFA Offica and other ralevant agencies for the purpose of monitoring. auditing, or visitation at work sites and with partir.ipant.s on the ,iob. ~~. ProvidA work sites and machines, tools and suppliEs normally used by workers in the performance of thc~ sarrr~ .ioh fs) and all other itFms necessary to the performance of the ,iob ts) t~~ which the parti.cipant.s are assign~s:d. Ii. 1'Hl~ SUI3GKANT1Sg AGNSi3S TU: 1. Provide counseling as may be necessary that. is not within the capabilities of the USBlt AGl~NCY. ~. I-'rovide, ~ to the extent necessary, r.ecru.iti.ng and testing, and referral and .iob t'ollow-up can all participants in the program. 3. F'ay the wagas of such participants at the mate of compensation and upon the terms and conditions specified herein. 9. Tlia SOHGNANTKB shall be rAspolisi.bl•a for the withholding of income taxes and Social Security c~antributions from the wages of the participants and shall make all .payroll reports required by the Federal, St.at.e and l~~al g~wer. nments. Thz SOIiG1tAHTBk shall pay the employer "s share of any Social Se~.urity 'r3xes that are required t.o be paid. ~. Insure all participants under Workman's Compensation insurance and pay premiurrLa therefor. L . PAYt'!l~NT OK PANT TC I PANTS 1, Rate of (:ompt?n~at~~ r'art.icip--ants shall be paid tha minimum wage per hour unless ~tharwise specified by the SUHGNANTKI~. Participants : ha; 1 b~= paid only for hours of work performed, n~~t to exceed the maximum specified by the SUl3GNAN'Pl3B and not to exceed th« total number of weeks as spe~,if ied by t•he SUI3GNANT88. ... '~ m~. o f . r'a v t?~~ }'ai-ticipants sha11 he p~, id evNry ~ weeks ~~r. i n s~.uh ~~t.har mangier ss dYS.i.gnated by the ;iUl3VNAN'P1~L7. Thr t1S13N AClSNCY shall keep time and attendance :•eeords on each participant and stall submit the time and attendance reports on c~aeh Enrollee tc- the SQBGNANTKB on the day following the ~:J.a.v pai•iod bE~ i ng r~pvrted . N'v t lowi ng each pay pe r i nc± , t h~. SUliG1tANTKIt wi 11 either (1) deliver to the US]KN AGKNCY the participants checks for distribution or l2) di.stri.hutE the. checkq to the participants at the SO}i(IRAN~'IS>~'s nff ice. D. CONlltT IONS Ulu 1[liPLOYMSNT AND T1~H~11NA'P [ON 08 PART iC IPAN'PS 1 • 1'artici pants are required to attend work daily and on t..i ~,e. If in the opinion of the USBN AGENCY, a partite: iP~nt is absent with a valid `xcuse, he/she may make up time within the same pay period. Continual and habitual absences anci tardiness will be grounds for dismissal. "' The USBR AGENCY may ref use , for. `" good cause, to accept; participants assigned by the Stl2iGItANTKK to thr-. USLR AGKNCY providing the reason for refusal is submitted in writing t.~~ the SUI3GKAN7'1[$. ~~. T2ie USLtR AGKNCY may also refuse t.c7 continue the employment. of a participant for good cause, providing the reason far such refusal is submitted in writil~g to the SU]3GL:tAN7'ISR. 4. '1'he USB>1 AGENCY shall not use a participant. to repla~~e a regular ,employee. Further, funds provided under Title lI-A or 'Pi.tle II-}; oP the Job Training Partnership Act. ~f 13$2 (J`1'FA) shall only ba used by the SUIi(~RAN1'HIS and USLtR AGENCY for activities which are in addition t~~ those which would otherwise ba available iii the area in the a}7sence of such .f.unds. Funds provided under 'title II~-A or Ti. t. .1P II-B of the Job Training Partnership Act cif }982 (J1'I'A) shall not be used by the SUl3GItAN'PBH OH USBR AGKNCY t~<~ duplicate facilities or services available in the area fz•om ~'dderal, State, ~~r local s~~urces, unl.ass the USNN AGgNCY's proposal establishes that alternative services or facilities would be morn effective or more likely to achieve performance goals. K. NON-DiSCRIHINATION The SOliGltANTBL will not discriminate against airy JTYA applicant or panic.-ipant t~ecau4e of race, color. religi.~-~n, sc'sx, or national origin: a. in the assignment cif an applicant or participant, to USKR AC1#NCIHS and; or specif i~- work sites; t+. ire any later termination of. a participant.; ~~. in providing counseling and gather s~~ppcrt.ive 4crvice4: and d. in any other way. L. 'f he USBR AGI~NCY will not discriminate against any ~)'t'FA applicant or participant because ~?f race. color, religion, sex, or national origin: a. in accepting or re,ie+cting participants assigned by t•he SOIiGRANTBL t~~ the USBR AGBNCY: b. in any later termination of 9 participant; c. in the assignment of specific tas~:s, dlltlP.s, or warkitl~' hours to a participant; d. in the manner in which a participant is suparvise~i; ~tid e. in any other way. Notification will be given to the SUIiGRAN'f1~L when ther~y are additions or changes to the work assignments listed above. 7'he work of the participants will be conf.ine~to the performance ref the official duties of the USBR AGBNCY. Any other work perf~~rmPd by participants is in violation of the JTF'A Guidelines and will. constitute a misuse of Federal funds. Where such misuse of b'Aderal kunds occur, the SOI3GKANTKI~ holds the USISk AGISNGY .responsible for the repayment of such funds. G. T1~R!lINATION ANll LIABILITY KON I'BkNOit!lANCB 1. `t'his agreement may be terminated by eith~ar party for env reason whatsoever by giving written n~~tice to the other party not less than five (v> working days before the intended termination date." Further. this agreement. may be immediately terroina+.ed by the SUHGRANTBI~ for good cause shown. Good pause would include, but not be limited t•o, fraud or abuse on the part of the USBR AGBNCY. ~. `f he SOIiGKAN'1'BB may also terminate t!-,is agreement by delivering to the USBR AGBNCY a written nUt.ice of termination in the event that the SUbGItANTISI3's agreement with United Private Industry Council 5pA #16 is terminated or cah~~slled by United Private Industry Cc~unci 1 FDA # 16 . ~i. In no event shall there be any liability on the part ~~f the SUHGRANTBB or any obligation undertakNn in this cor-- tract• outside of ~?r in excess of funds furnished to the StIHGltAN'f8S under its contract w.i th United Private Industry Council QUA #16. fi. tND6!lNIN1CATION Off' SDDGRAN'PSK 9'he US~3k AGl~NCY agrees to' furnisY~ geiiel•al liability insisran~,e ~.overag~• in appropriate amounts for thE~ SUHGNANTBH and fc~r each participant Who performs work for the USKB AGKNGy. Such general liability insurance shall include the bUHGRAI~I'I'Rli: as a party insured. 'I`he OSKR AGBNCY agrees to furniRh the SUbGRANTl~L~ wi tl'i appropriate certificates of insurance indicating that the USI~R AGBNCY has obtained and sh.~]1 maintain the general .liability insuran~:e coverag~,:.• rr~~vad~~d for herein. In addition, the OSI~k AGI~NCY shall. indemnify the SUH(;RANTBl~ against., and he-1d it harmless from, an,v .li.ab.ilit~y to the USI~>kt AGISNCY and any third parties arising ~~ut. of or resulting from any acts or omissions o.f any participant assigned to work far the USBR AGI~NCY, or from the acts or emissions of any emFi~~yee of the OSl;tt AGirNCY. I. SU.HGNANTBgS'S NIGH9' '1'U Z'>iNM1NA7'B YAItT]CIYANTS The SUI3Gl2AN`P13K reserves the right to t©rminate or drop f r.:~m tha PxoSram any participant assigned to work for the OS1~R AGBNCY if the SUHGRANTSI~ considers such participant. ur;satisfactory or the participant otherwise fails to comply with the policies ;end rules of either. the 5UHGNAN'CBl~ or United Private Industry Council SDA 3t1E. J. 'this agreement shall remain in forco until August :31, 1y139. IN WITN~:S$ WH)RIC~~', the parties hereto havz set their hands the day and year first above written, axecuted in duplicate, p:,r_h of wriich executad c:,piFs shall constitute an original ~.f this Agreeme~iL- . SUHi;NANTI~B: USKk AGBNCY: H.O.P.E. PROJECT, INC. ~._ BY: _~ C=~ ' _ __ '1'I7L1~: H.O.P.E. Board President City of Canton IiY: r irL~: