HomeMy WebLinkAboutR-1994-079RESOLUTTON NO. te-e4
A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING
AGREEMENT NO. 94-IIB-1615-SYETP-52 BETWEEN THE BROWARD
EMPLOYMENT AND TRAINING ADMINISTRATION, A
GOVERNMENTAL CONSORTIUM CREATED TO CONDUCT
MANPOWER TRAINING AND EMPLOYMENT PROGRAMS IN
BROWARD COUNTY, FLORIDA, AND THE Clry OF DANIA; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1. That that certain Agareement No. 94-llB-1615-SYETP-52 Between the
Broward Employment and Training Administration, a Governmental Consortium Created
to Conduct Manpower Training and Employment Programs in Broward County, Florida,
and the City Of Dania, copy of which is attached hereto as Exhibit "A", be and the same
is hereby approved and the appropriate city officials are hereby directed to execute
same.
Section 2. That this resolution shall be in force and take effect immediately
upon its passage and adoption.
PASSED and ADOPTED this 1 0 day of May, 1994
YOR-C IONER
ATTEST;*/D)
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By 1. au,-
Frank C. Adler, City Attorney
Resolution No. 7 9 -9 4
AGREEMENT NO. 94-IIB-I6I5-SYETP-52
BETWEEN THE BROWARD EMPLOYMENT AND
TRAINING ADMINISTRATION, A GOVERNMENTAL
CONSORTIIJM CREATED TO CONDUCT MANPOWERTRAINING AND EI{PLOYMENT PROGRAIIS IN
BROWARD COI'NTY, FLORIDA AND THE
CITY OF DANIA
EXHIBIT "A"
AGREEMENT
rHIS AGREEMENT,
, 19- by and
entered Into thlg day ofbetween the Broward Employment andTralnlng AdmlnlEtratlon, a consortlum of the Cltle8 of FortLauderdale and Hollywood, and Broward County, extstlng under andby vlltue of the laws of the State of FLorlda as a Councl1 ofGovernmenta, havlng 1ts princlpal officeE at 330 North AndrewsAvenue, fort Lauderdale, Florlda 33301, AND the cit of Dania, exlstlng under and by vlrtue ofthe Iaws of the State of Florlda as a munici alitDhavlng its principal office at100 Wes t Dania Beach Blvd.Dania FL 33004toegln by the tlrentleth day of June, 1994 and to be completedby the twelfth day of August, 1994.
WITNESSETH THAT:
WHEREAS, the Bro$rard Employment and TralnlngAdministratlon and the Broward Employment and TrainlngAdminlstration Industry Councll have entered lnto an agreementwlth the Governor of the State of Florida and the United StatesDepartment of Labor for a grant for the executlon andimplementatlon of a job training and employment programi AND
WHEREAS, the elected officlals comprlsing the BrowardEmployment and Training Admlnistration Industry Council and theofficials of the State of Florida and the Un1ted StatesDepartment of Labor are desirous of providing Job training whichwlLI lead to enhanced seL f-suf flciency i AND
IIHEREAS, the Broward Employment and TrainlngAdminlstration and the city of Daniadesire to provide meaningful enplo]'ment for economicallydisadvantaged youths between the ages of fourteen (1{) andtwenty-one (21).
NOVI THEREFORE, Ln consideration of the premlsesmutual covenants and obligations herein contalned, andto the terms and conditlons hereinafter 6tated, thehereto agree and understand as follo$rs.
and the
subJ ectparties
ARTICLE T: AGREEMENT PURPOSE AND DEFINITIONS
1OO. PURPOSE
It is the purpose of this Agreement to state the covenantsand condltions under which BETA and the Agent will implement andprovide tralning and emplolment aervices, speclfically summer
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as descrlbedaE amended,
work experlence opportunltle8 to ellgible youthshereln, to be funded under the guldellnes of JTPA,and under the contractLng povrers of BErA.
101. DEFINITIONS
101.1 "Agent sha1l mean the partlcipatlnggovernnental unit or nonprofit agency.
101.2
101.3
101.4
101.5
101.6
101.7
shall rnean the Bro$rard Employmentand Tralnlng Adminlstration.
"Col}ectlve Bargaining Agents" shall mean a unionor union representatives.
"DOL" shaIl mean the Unlted States Department ofLabor.
"Economically Disadvantaged" shall mean that
income level as determlned by the Governor and/or
DOL as belng below the poverty guldellnes.
"Job Order" shall mean the BETA-SYETP JOB ORDERform (and attachments thereto) used as anapplicatlon for requestlng work sites/Job slotsfor SYETP participants and which ls incorporatedinto and made a part of this Agreement.
"Job Site/workslte" shall mean the physlcallocation and the department of the partlclpating
Agent to which the youth has been assigned.
"JTPA" sha11 mean the Job Tralnlng Partnershlp Act.
"Labor Union concurrencerr shall mean a unlonraconsent to SYETP placements .
"Participant" shall mean a JTPA eligible youthreferred by BETA for placenent to Agent and who lsbetween the ages of fourteen (14) and t$renty-one(2r).
"Program" sha1l mean the actlvitles and servicesto be provlded by the Agent under thla Agreement.
"SYETP" shall mean Sutnmer Youth Employment andTraining Program.
101.8
101.9
101 . 10
101.11
101. 12
101.13
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"Ylorksite Aide" shall mean a youth bet$reen theages of 18-21 who serves as an alde to theworksite supervisor or who performs as anadmlnistrative alde as dlrected by the SYETPDirector.
101 . 14
101.15
101.15
200. PROGRAIT{
"Ylorksite Supervlsor" shal1 mean Agent.spersonnel designated by Agent to provldecontlnuous on-alte supervl6lon and dlrectlon toSYETP particlpants at Agent's grorksite(E) and whow111 be responslble for verlfying SyETppartlclpants' tlme sheets.
"Youth" shaIl mean a person bet$reen the ageg offourteen (14) and twenty-one (21).
"Youth Worksite Asslatant" shalL rnean a
BETA/SYETP staff person who shall serve asl1alson.
ARTICLE II: PROGRAM OPERATIONS
The program to be provlded shall be work experience,wherein a youth referred by BETA to the Agent, is given
Job functlons to perform under the guldance and leadershipof the Agent 1n accordance with the JTPA regulatlons.
2OI . RESPONSIBILITIES OF AGEIIT
201.1 The Agent shaLl supervise all participants at thejob sites and shaIl require partlclpants'
conformance vrlth the Agent's Personnel Rules.
20t.2 The Agent shall plan and direct participant h,orkactivities in accordance with the appllcableFederal and State Child Labor Law Acts, rules andregulatlons, and other applicable State and loca1
1avrs.
201.3 The Agent shaIl dlrect partlcipant(s) workactivlties 1n accordance wlth their tralnlngplan/job order(s) and/or job descrlptton(E), whichare hereby incorporated by reference and made apart of thls Agreement.
20t.4 The Agent shaLl comply with the Job TralnlngPartnership Act, as amended, and the regulatlonspromulgated thereunder especlally as they relateto the SYETP.
201.5 The Agent shall ensure that all of the Agent'Bpersonnel , incfuding any alternate staff, r^rho w1l1be lnvolved ln supervising the SuNner YouthEnployment and Training Program partlcipants shal1attend the SYETP Worksite Supervisor's TrainingMeeting conducted by BETA, whlch wlLI be heldduring the nonths of May and June.
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The Agent shall a1low their work Eite aupervisoratlne off upon BETATa wrltten request Eo that theymay attend the Workslte Supervlsorrs OrientatLon
Ylorkshopa.
The Agent Ehal1 orlent and traln thelr workslte
Supervlaory per8onne] directly responsLble for thesupervJ.slon of SYETP partlclpants, as to theAgentrs responslbl lltles and obllgatlons underthls Agreement by providlng each worksLteEupervisor with a copy of thls Agreement, as hrellas a copy of the workslte supervlsors Handbook,and assurlng the avaI1ablIlty and revlew of thetralning handbook and materlals with any assl.gnedalternate Eupervisors.
The Agent shall notlfy BETA,/SYETP lrunediately ofany temporary and/or ongoing changes In thedesignatlon of personnel who w1ll be supervJ.singthe youth.
The Agent shall be accountable for malntalning
BETA,/SYETP particlpant time sheets by keepingaccurate work tlme attendance rosters andtimesheets, recording time ln segmenta of flfteenminutes, assurlng and supervislng the ProPercompletion of SYETP participant time sheetsconsistent with instructlons furnlshed by
BETA/SYETP and certi fylng/s lgning participant time
sheets if alL the prior requlrements are net.
20t.6
20L.7
201.8
201.9
201.10
201.11
20L.L2
The Agent shall not requlre particlpants to workmore than the hours reflected ln the Joborder/Training PIan and in no event may hours
worked exceed forty (40) hours per week.
The Agent agrees not to knowlngly refer foreligibllity determinatlon any youths who have awlfe, husband, son, daughter, mother, father,brother, brother-ln-Iaw, slster, aister-in-IaI,son-in-1aw, daughter- In-law, mother-in-larr,father-!.n-Iaw, aunt, uncIe, nlece, nephew,stepparent, or stepchlld who are employed Ln anadminlstrative capacity for the Agent, BETA or
another of BETA's contractors .
The Agent warrants that no youth w111 be Lnvolvedin a work experience activity that contributes orcould be expected to contribute to addltionalsales or income of the Agent or which wllI
otherwise result ln the subsidization of wages forthe Agent's organizatlon. In the event that the
Agent unknowingly realizes an lncome as a result
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of the SYETP placement, such lncome shall be
clalmed by BETA.
201.13
20L.14
201.15
The Agent assures that alLpartlclpants will be asElgned have
and facllltles to provide serviceEln a sanltary and safe envlronment.
slteE wherethe capabllltyto sum,ner youth
The Agent'B workslte shall conform to normalroutlnes and functlons beflttlng a reasonable
buslness establl8hment, tncludLng, but not llnltedto, approprlate aupervlslon on the PremlEes at alltlmea, developlng posltive work habits, worklng
condltlons, and attLre.
201.16
201 , L7
201.18
201.19
The Agent ahall assure lt wlII have supervLsory
personnel who w111 act aB workslte supervlsors for
each of the Agent'a worksltes so as to provlde for
contlnuoua on-slte supervlslon of Partlcipants.
The Agent understands that the program lt leoperating is a single site work experlenceprogram, which means that all Job sites at vrhichyouth are to be located must be part of theAgent's organizatlon. Under no circumstancesshall a participant be placed at a site other thanthe Agent's designated worksite, unless prlor
$rrltten permlsslon is granted by BETA foroutstatloning and In such instances under no
clrcumstances sha1I the outstationing slte be aprivate for proflt agency.
The Agent 5ha11 maintaln according to sound
managernent procedures records, and files,contalning, but not limited to, time sheets,
attendance records, supervisor assignments, andpersonnel changea, relatlng to the Agent'B
operation of the SYETP Program.
The Agent shaIl make original and/or certifiedcoples of any rePorts, P1ans, survey8,information, documents, maPs or other data
produced o! developed by the Agent ln executlon ofthe proJect covered by thls Agreenent, avallableto BETA; the Governor of the State of Flor1da, the
Comptroller General of the Unlted States and/or
the Department of Labor (DOL) at any tlme upon
reasonable notlce for the Purpose of program
audit, examlnation, €xcerpts and transcrlpts, even
though the Agent may at the time of the request no
longer be operatlng programs for BETA.
The Agent shall keeP coples of all recordspertaining to the operation of thLs Agreement and
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any Amendment hereto for three (3) years follow1ngthe expiratlon of thia Agreement.
The Agent shall provlde lnsurance coverage forpartlclpanta under the Agent'6 general or publlc1labl11ty lnsurance po]lcy, or If the Agent isself-insured to lndemnify BETA against thlrd partyclalms involvlng partlcipanta under tht6Agreement.
The Agent ghall cooperate wlth BETA/syETp lnconductlng SYETP Vocational SkllIs/Llfe SkllI6Orlentatlon for SYETP partlclpants.
The Agent ghall lnform BETA/SYETP stafflrunediately Ehould an accident or lnjury occur atthe Job slte, affecting or lnvolvlng a partlcipant.
The Agent shall notlfy SYETP staff of any problemconcerning particlpant's performance at a worksite.
The Agent understands and agrees that no qualifiedhandicapped indivldual shalI on the basls ofhandicap, be excluded from participatlon ln, bedenied the benefits of, or otherwLse be subject todiscrimination under this SYETP program.
Agent understands that in accordance brith Sectlons143(b) (2) and 143(c) (2) of the Job TrainlngPartnership Act and regulatlons attached hereto asExhtbit C, Agent must obtaln wrltten concurrencefrom the approprlate bargainlng agent 1f acollectlve bargaining agreement 1s ln force lnAgentrs organizatlon coverlng the occupatlons 1nwhich the Summer Youth participants are golng tobe employed.
202. RESPONSIBILITIES OF BETA
202.t BETA sha11 provlde "Youth Workslte Assi6tant(s)',and/or "workslte Aide(6 ) " who shaLl provtdetechnlcal assistance and ald in the supervislon ofthe youths, respectlveLy.
202.2 BETA shalf asslst the Job alte supervlaor lnresolvlng any problens concernlng the youths,performance on the Job by responding to theAgentrs notlce aa per Sectlon 20L.23 above.
BETA shall hear all grl.evances concernLng programpartlcipants' performance at the Job slte.
20L.20
20t.2L
20L.22
20L.23
20L.24
20t.25
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202 ,3
202.4
202.5
202.6
202.7
202.8
3OO. MONITORING
300. 1
301.NOTICE
301. 1
BETA sha1l be responslble for partlclpant's wages.
BETA shall provlde Workers' Compensation for allsummer Youth Emplolrment and Training Program
(SYETP) partlclpants.
BETA 6halL provide counsellng and suppoltlveservlces to the SYETP partlcipants.
BEIA shall be responslble for plcklng uppartlclpant tlme sheets and dlstllbutlngpartlclpant paychecks dependent on AgentrE
Eubmlsslon of properly certifled time sheeta.
BETA sha11 be responsible for provldlng Programorlentatlon and vocatlonal Skills/Llfe Orlentatlonto BETA/SYETP partlclpants.
The Agent shall allow BETA, the Governor of theState of Florida, or any of lts agents, and the
DOL to visit the Agent's worksites, and nonltor,report problens, requlre corlectLve action wlth1nspecifled time periods or close worksltes wlthoutprior notlce other than a wrLtten notiflcatlon tobe delivered to the Agent at the time of theclosing of the worksites, I.irhere BETA, the Governorof the state of Florida, or DOL find serlous orcontinual violatlons of JTPA, the JTPA regulatlonsor other federal, state or loca1 laws whlchviolations are not being remedied, or where BETA,the covernor of the State of Florlda or DOL flnd
noncompllance with any of the terms or condltiona
under this Agreement.
Other than as provlded hereLn, notlce BhaIl berequired to be given to BETA under thls Agreement,and shall be sufficient when hand delivered ornalled to BEIA at lts offlce at 330 North Andrewa
Avenue, Fort Lauderdale. Florida 33301.
A1I notices requlred to be given to the Agent
under this Agreement shall be sufficlent when handdelivered or malled to the Agent at its offlcelocated at the addresa ldentlfled 1n Paragraphone, page one of thls Agreement.
301.2
302. TERMINATION
302.1 fhls Agreement may be termlnated as follows:
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a BETA or the Agent may request a termLnatlonfor convenlence uPon flfteen (15) days prlorwrltten notlce to the other Party.
BETA may termlnate this Agreement at any tlmethat the BETA authorlzed representatLve, whoshall be the BETA Executlve Dlrector
determlnes that s
1. the Agent has fatled to comPly Yrlth anyof the provislons contalned ln th18
Agreement or any Amendment heretoi or
2. the Agent falls to perform Ln whole or lnpart under this Agreement or falls to
take corrective actlon after recelvlngoral or wrttten reguests to do Eo wlthln
an appropriate tlme perlod as may be
Etlpulated by BETA.
b
303.
400.
I NTEGRAT ION
303.1 The following documents are hereby lncorPoratedinto and made a Part of thls Agreement:
a. Child Labor Laws (29 Usc 203): Employmentof Minors Between Fourteen (14) and Slxteen(16) Years of Age (Subpart C), Occupations-iarticularly Hazardous for the EmPloyment of
Mlnors Between Sixteen (16) and Eighteen (18)
Years of Age or Detrimental to Their Health or
Well-belng (subPart E). (Exhibit A)
b. Assurances and Certificatlons. (Exhlblt B)
c. JTPA Rules and Regulatlons governing the
operation of the Summer Youth Employment and
Tralnlng Program. (Exhlblt C)
d. Sumrner Youth Employment and Training Program
Workslte suPervlsor's Handbook developed by
BETA. (Exhiblt D)
e. Summer Youth EmPloyment Work Provlder Job
Order Package. (Exhiblt E)
f. completed Job orders/Tralnlng Plans to be
lncorporated lnto this Agreement. (Exhtblt f)
PROTIIBITED ACTIVITIES
400.1 AIl JTPA funded programs and activltles come underthe purview of the Federal Hatch Act and JTPARegulations which prohibit political activlties
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under any JTPA program. Partlclpants areprohibited from engaglng Ln any Polltlcal activitydurlng hours patd for with JTPA fundE and nopartlclpant engaging ln any polttlcal actlvlty
durlng off hours nay lePresent himself or herself
as a Epokesperson of any JTPA Program.
JTPA funded programs and actlvltles may not be
used to support any rellgloua or antl-rellgiougactlvlty. JTPA partlclpants nay not perform
functlons whlch provlde dlrect rellglous educatlon
servlces.
END OF AGREEMENT
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400.2
namelts
IN WITIIESS EIIEREOF, the Partiss hereto have made and executed
thla docuEent on th€ reBpectlv€ datea under each slgnature:
( Contractor ' I
through 1ts s lgnlng and through
author.tzed to execute Eame byactlon on the day of
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and the BROWARD EIIIPLOYMEMT AND TRAINING ADMINI STRITION,
Blgnlng by and t hrough lt8 Executlve Dlrector, duly authorlzed
to
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e77xecute same byat BETA/BIC Counc.ll Meetlng No.
Councll actlon on the zrl day of Ma rr:h
36
AS TO AGENT
WITNESSED BY:
BY
APPROVED AS TO FOPT & CORRECTNESS--
ORNEY
AGENI ! c{tv nf nenl:
100 l.l. Dania Bch. Blvd.
FRANK C. AUL t R, UI
AS TO BROWARD EMPLOYMENT I
TRAINING ADMINISTRATION,
WITNESSED BY8
Approved as to form byOfflce of County Attorneyfor Broward County, Florlda
JOHI{ J. COPELAN, JR., CountyAttorney, Governmental Center
115 South Andrevrs Ave.rort Lauderdale, Florlda 33301
BY:
Rochelle J. DanlelsAs6lstant County Attorney
Dania,. Flori.da 33 004
Robert Hi kes, Mayor
Robert F. Flatley, City l''!anager
Wanda Hull ikin, City Clerk
DATE:
THE BROWARD EUPLOYMENT AND
TRAINING ADIIINISTRATION, A
GOVERNMENTAL CONSORTII.'I,I OF THE
CIrIES OF FOR? LAUDERDALE AND
HOLLYWOOD, AND BROWARD COT'NTY,
FLORIDA
BY:
TITLE:
Ma6on c. JackaonExecutlve Dlrector
DATE:
RECOMMENDED FOR BETA:
BY:Anthony Sanflllppo
SYETP Dlrector
IY AII
EXECUTION PAGE
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