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HomeMy WebLinkAboutR-1990-063 RESOLUTION NO. 63-90 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE AGREEMENT BETWEEN BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION AND THE CITY 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 Agreement between Broward Employment and Training Administration and the City of Dania, a 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 12th day of June , 1990. MAYOR - COMMISSIONER a ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: FRANK C. ADLER, City Attorney i i Resolution No. 63-90 AGREEMENT NO. 90-IIB-1611 SYETP-8 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 t `R•i� EXHIBIT „A„ AGREEMENT THIS AGREEMENT, entered into this day of , 19 , by and between the Broward Employment and Training Administration, a consortium of the Cities of Fort Lauderdale and Hollywood, and Broward County, existing under and by virtue of the laws of the State of Florida as a Council of Governments, having its principal offices at 330 North Andrews Avenue, Fort Lauderdale, Florida 33301, AND the City of Dania , existing under and by virtue of the laws of the State of Florida as a municipality having its principal office it 100 West Dania Beach Boulevard Dania Florida 33004 _ to begin by the twenty-fifth day of June, 1990 and to Be completed by the seventeenthh day of August, 1990 . WITNESSETH THAT: WHEREAS, the Broward Employment and Training Administration and the Broward Employment and Training Administration Industry Council have entered into an agreement 1 with the Governor of the State of Florida and the United States 1 Department of Labor for a grant for the execution and implementation of a job training and employment program; AND WHEREAS, the elected officials comprising the Broward Employment and Training Administration Industry Council and the - ,Q officials of the State of Florida and the United States Department of Labor are desirous of providing job training which will lead to enhanced self-sufficiency; AND WHEREAS, the Broward Employment and Training Administration and the City of Dania desire to provide meaningful employment for economically disadvantaged youths between the ages of fourteen ( 14) and twenty-one (21) . NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto agree and understand as follows. ARTICLE I : AGREEMENT PURPOSE AND DEFINITIONS 100. PURPOSE It is the purpose of this Agreement to state the covenants and conditions under which BETA and the Agent will implement and provide training and employment services, specifically summer 2 L� work experience opportunities to eligible youths as described herein, to be funded under the guidelines of JTPA, as amended, and under the contracting powers of BETA. 101 . DEFINITIONS 101 . 1 "Agent shall mean the participating governmental unit or nonprofit agency. 101 . 2 "BETA" shall mean the Broward Employment and Training Administration. 101 . 3 "Collective Bargaining Agents" shall mean a union or union representatives . 101 . 4 "DOL" shall mean the United States Department of Labor. 101 . 5 "Economically Disadvantaged" shall mean that income level as determined by the Governor and/or DOL as being below the poverty guidelines. • 101 . 6 "Job Order" shall mean the BETA-SYETP JOB ORDER form (and attachments thereto) used as an application for requesting work sites/job slots for SYETP participants and which is incorporated into and made a part of this Agreement. 101 . 7 "Job Site/Worksite" shall mean the physical location and the department of the participating Agent to which the youth has been assigned. 101 . 8 "JTPA" shall mean the Job Training Partnership Act. 101 . 9 "Labor Union Concurrence" shall mean a union's consent to SYETP placements . 101 . 10 "Participant" shall mean a JTPA eligible youth including Worksite Aides referred by BETA for placement to Agent and who is between the ages of fourteen ( 14 ) and twenty-one (21) . 101 . 11 "Program" shall mean the activities and services to be provided by the Agent under this Agreement. 101 . 12 "SYETP" shall mean Summer Youth Employment and Training Program. 101 . 13 "Worksite Aide" shall mean a participant who serves as an aide to the worksite supervisor or who performs as an administrative aide as directed by the SYETP Director. 101 . 14 "Worksite Supervisor" shall mean Agent's 3 personnel designated by Agent to provide continuous on-site supervision and direction to SYETP participants at Agent 's worksite(s) and whowill be responsible for verifying SYETP participants ' time sheets . 101 . 15 "Youth" shall mean a person between the ages of fourteen ( 14) and twenty-one (21) . 101 . 16 "Youth Worksite Assistant" shall mean a BETA/SYETP staff person who shall serve as liaison. ARTICLE II : PROGRAM OPERATIONS 200. PROGRAM The program to be provided shall be work experience, wherein a youth referred by BETA to the Agent, is given job functions to perform under the guidance and leadership of the Agent in accordance with the JTPA regulations . 201 . RESPONSIBILITIES OF AGENT 201. 1 The Agent shall supervise all participants at the job sites and shall require participants ' conformance with the Agent's Personnel Rules. 201 .2 The Agent shall plan and direct participant work activities in accordance with the applicable Federa and State Child Labor Law Acts, rules and regulations, and other applicable Stat and local laws. 201 . 3 The Agent shall direct g participant(s) work activities in accordance with their training plan/job order(s) and/or job description(s) , which are hereby incorporated by reference and made a part of this Agreement. 201 .4 The Agent shall comply with the Job Training Partnership ership Ai.t, as uiu Gild ed, and the requlaLluns promulgated thereunder especially as they relate to the SYETP. 201.5 The Agent shall ensure that all of the Agent's personnel, including any alternate staff, who will be involved in supervising the Summer Youth Employment and Training Program participants shall attend the SYETP Worksite Supervisor's Training Meeting conducted by BETA, which will be held during the months of May and June. 4 201 . 6 The Agent shall allow their work site supervisors time off upon BETA' s written request so that they may attend the Worksite Supervisor's Orientation Workshops . 201 . 7 The Agent shall orient and train their Worksite Supervisory personnel directly responsible for the supervision of SYETP participants, as to the Agent 's responsibilities and obligations under this Agreement by providing each worksite supervisor with a copy of this Agreement, as well as a copy of the Worksite Supervisors Handbook, and assuring the availability and review of the training handbook and materials with any assigned alternate supervisors. 201 .8 The Agent shall notify BETA/SYETP immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising the youth. 201 . 9 The Agent shall be accountable for maintaining BETA/SYETP participant time sheets by keeping accurate work time attendance rosters and timesheets, recording time in segments of fifteen minutes, assuring and supervising the proper completion of SYETP participant time sheets consistent with instructions furnished by BETA/SYETP and certifying/signing participant time sheets if all the prior requirements are met. 201 . 10 The Agent shall not require participants to work more than the hours reflected in the Job Order/Training Plan and in no event may hours worked exceed forty (40) hours per week. 201 . 11 The Agent agrees not to knowingly refer for eligibility determination any youths who have a wife, husband, son, daughter, mother, father, brother, brother-in-law, sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law, aunt, uncle, niece, nephew, stepparent, or stepchild who are employed in an administrative capacity for the Agent, BETA or another of BETA's contractors. 201. 12 The Agent warrants that no youth will be involved in a work experience activity that contributes or could be expected to contribute to additional sales or income of the Agent or which will otherwise result in the subsidization of wages for the Agent 's organization. In the event that the Agent unknowingly realizes an income as a result 5 I� of the SYETP placement, such income shall be claimed by BETA. 201 . 13 The Agent assures that all sites where participants will be assigned have the capability and facilities to provide services to summer youth in a sanitary and safe environment. 201 . 14 The Agent 's worksite shall conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, developing positive work habits, working conditions, and attire. 201 . 15 The Agent shall assure it will have supervisory personnel who will act as worksite supervisors for each of the Agent 's worksites so as to provide for continuous on-site supervision of participants . 201 . 16 The Agent understands that the program it is operating is a single site work experience program, which means that all job sites at which youth are to be located must be part of the Agennt's organization. Under no circumstances shall a participant be placed at a site other than the Agent ' s designated worksite; unless prior written permission is granted by BETA for outstationing and in such instances under no circumstances shll the outstationing site be a private for profit agency. 201 . 17 The Agent shall maintain according to sound ::.. management procedures records, and files, containing, but not limited to, time sheets, attendance records, supervisor assignments, and personnel changes, relating to the Agent's operation of the SYETP program. 201 . 18 The Agent shall make original and/or certified copies of any reports, plans. surveys- information, documents, maps or other data produced or developed by the Agent in execution of the project covered by this Agreement, available to BETA, the Governor of the State of Florida, the Comptroller General of the United States and/or the Department of Labor (DOL) at any time upon reasonable notice for the purpose of program audit, examination, excerpts and transcripts, even though the Agent may at the time of the request no longer be operating programs for BETA. 201 . 19 The Agent shall keep copies of all records pertaining to the operation of this Agreement and 6 L� any Amendment hereto for three (3) years following the expiration of this Agreement. 201 .20 The Agent shall provide insurance coverage for participants under the Agent ' s general or public liability insurance policy, or if the Agent is self-insured to indemnify BETA against third party claims involving participants under this Agreement. 201 .21 The Agent shall cooperate with BETA/SYETP in conducting SYETP Vocational Skills/Life Skills Orientation for SYETP participants. 201 .22 The Agent shall inform BETA/SYETP staff immediately should an accident or injury occur at the job site, affecting or involving a participant. 201 .23 The Agent shall notify SYETP staff of any problem concerning participant's performance at a worksite. 201 .24 The Agent understands and agrees that no qualified handicapped individual shall on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under this SYETP program. 201 .25 Agent understands that in accordance with Sections 143(b) (2 ) and 143(c) (2 ) of the Job Training Partnership Act and regulations attached hereto as Exhibit C, Agent must obtain written concurrence from the appropriate bargaining agent if a collective bargaining agreement is in force in ... Agent's organization covering the occupations in which the Summer Youth participants are going to be employed. 202 . RESPONSIBILITIES OF BETA 202 . 1 BETA shall provide "Youth Worksite Assistant(s) " and/or "Worksite Aide(s) " who shall provide technical assistance and aid in the supervision of the youths, respectively. 202 . 2 BETA shall assist the job site supervisor in resolving any problems concerning the youths ' performance on the job by responding to the Agent's notice as per Section 201 . 23 above. 202 . 3 BETA shall hear all grievances concerning program participants ' performance at the job site. 202 .4 BETA shall provide Workers ' Compensation for all Summer Youth Employment and Training Program (SYETP) participants . 7 202 .5 BETA shall provide counseling and supportive services to the SYETP participants. 202 .6 BETA shall be responsible for picking up participant time sheets and distributing participant paychecks dependent on Agent' s submission of properly certified time sheets. 202 .7 BETA shall be responsible for providing Program Orientation and Vocational Skills/Life Orientation to bETA/SYETP participants . 300. MONITORING 300 . 1 The Agent shall allow BETA, the Governor of the State of Florida, or any of its agents, and the DOL to visit the Agent 's worksites, and monitor, report problems, require corrective action within specified time periods or close worksites without prior notice other than a written notification to be delivered to the Agent at the time of the closing of the worksites, where BETA, the Governor of the State of Florida, or DOL find serious or continual violations of JTPA, the JTPA regulations or other federal, state or local laws which violations are not being remedied, or where BETA, the Governor of the State of Florida or DOL find noncompliance with any of the terms or conditions under this Agreement. 301. NOTICE 301 . 1 Other than as provided herein, notice shall be required to be given to bETA under this Agreement, and shall be sufficient when hand delivered or ._. mailed to BETA at its office at 330 North Andrews Avenue, Fort Lauderdale, Florida 33301. 301 .2 All notices required to be given to the Agent under this Agreement shall be sufficient when hand delivered or mailed to the Agent at its office located at the address identified in paragraph one, page one of this Agreement. 302. TERMINATION 302. 1 This Agreement may be terminated as follows: a. BETA or the Agent may request a termination for convenience upon fifteen ( 15) days prior written notice to the other party. b. BETA may terminate this Agreement at any time 8 that the BETA authorized representative, who shall be the , BETA Executive Director determines that: 1 . the Agent has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; or 2 . the Agent fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by BETA. 303 . INTEGRATION 303 . 1 The following documents are hereby incorporated into and made a part of this Agreement: a. Child Labor Laws (29 USC 203) : Employment of Minors Between Fourteen ( 14) and Sixteen ( 16) Years of Age (Subpart C) , Occupations Particularly Hazardous for the Employment of Minors Between Sixteen ( 16) and Eighteen ( 18) Years of Age or Detrimental to Their Health or Well-being (Subpart E) . (Exhibit A) b. Assurances and Certifications. (Exhibit B) c. JTPA Rules and Regulations governing the I operation of the Summer Youth Employment and Training Program. (Exhibit C) f d. Summer Youth Employment and Training Program Worksite Supervisor's Handbook developed by BETA. (Exhibit D) e. Summer Youth Employment Work Provider Job Order Package. (Exhibit E) f. Completed Job Orders/Training Plans to be incorporated into this Agreement. (Exhibit F) 400 . PROHIBITED ACTIVITIES 400. 1 All JTPA funded programs and activities come under the purview of the Federal Hatch Act and JTPA Regulations which prohibit political activities under any JTPA program. Participants are prohibited from engaging in any political activity during hours paid for with JTPA funds and no participant engaging in any political activity 9 during off hours may represent himself or herself as a spokesperson of any JTPA program. 400 .2 JTPA funded programs and activities may not be used to support any religious or anti-religious activity. JTPA participants may not perform functions which provide direct religious education services. 10 IN WITNESS THEREOF, the parties hereto have made and executed this document on the respective dates under each signature: CITY OF DANIA (Agent's name) through its signing by and through its authorized to execute same by action on the day of , 19_, and the BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, signing by and through its Executive Director, duly authorized to execute same by Council action on the 7th day of March, 1977 at BETA/BIC Council Meeting No. 36. AS TO AGENT, WITNESSED BY: AGENT: City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 BY: TITLE: DATE: AS TO BROWARD EMPLOYMENT & THE BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, TRAINING ADMINISTRATION, A GOVERNMENTAL CONSORTIUM OF THE WITNESSED BY: CITIES OF FORT LAUDERDALE AND HOLLYWOOD, AND BROWARD COUNTY, FLORIDA BY: MASON C. JACKSON - TITLE: Executive Director �..,k Approved as to form by DATE: Office of County Attorney for Broward County, Florida JOHN J. COPELAN, JR. , County Attorney, Governmental Center RECOMMENDED FOR BETA: 115 South Andrews Ave. Fort Lauderdale, Florida 33301 BY: Telephone (305) 357-7600 TnuN rnrry nr ov BY: TITLE: Director of Operations ROCHELLE J. DANIELS Assistant County Attorney EXECUTION PAGE 11