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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. -1- 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 -2- 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 -3- 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; -4- 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 -5- 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~ -6-