HomeMy WebLinkAboutR-1991-038 RESOLUTION NO. 38-91
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
1' effect immediately upon its passage and adoption.
`{ PASSED and ADOPTED this 9th day of. April , 1991 .
,v MAYOR - COMMISSIONER
ATTEST:
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'CITY CLERK - AUDITOR
APPROVED
�vASTTJ�O FORM AND CORRECTNESS:
FRANK C. ADLER, City Attorney
Resolution No. 38-91
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AGREEMENT NO. 91-IIB-1612-SYETP-30
BETWEEN THE BROWARD EMPLOYMENT AND
t ., TRAINING ADMINISTRATION, A GOVERNMENTAL
, i CONSORTIUM CREATED TO CONDUCT MANPOWER
TRAINING AND EMPLOYMENT PROGRAMS IN
BROWhRD COUNTY, FLORIDA AND THE
CITY OF DANIA
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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
having its principal office at
to begin by the seventeenth day of June, 1991 and to be
completed by the ninth day of August, 1991.
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WITNESSETH THAT:
}' WHEREAS, the Broward Employment and Training
Administration and the Broward Employment and Training
4 Administration Industry Council have entered into an agreement
with the Governor of the State of Florida and the United States
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
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
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herein, t'o 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
being
DOL as
g below the poverty guidelines.
\1 101 . 6 "Job Order" shall mean the BETA-SYETP JOB ORDER
form (and attachments thereto) used as an
^„ ti application for requesting work sites/job slots
for SYETP participants and which is incorporated
into and made a part of this Agreement.
I 101.7 "Job Site/Worksite" shall mean the physical
location and the department of the participating
Agent to which the youth has been assigned.
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101. E "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
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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
1' 201. 1 The Agent shall supervise all
i job sites and shall require
re parts participants pantsat the
conformance with the Agent's Personnel Rules1
201.2 The Agent shall plan and direct
activities in accordance with theticapant work
h,. Federa and State Child Labor Law Acts,applicable
regulations, and other applicable Stat and local
laws.
201.3 The Agent shall direct
work
activities in accordance witharttheirnt(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 Act, as amended, and the regulations
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.
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201.-6 The Agent onhallBETA8slwrittenow rrequest work iso sthatvithey
time attend the Worksite Supervisor's Orientation
may
Workshops.
201.7 The Agent shall orient and traite
iesponsible for their the
Supervisory personnel dirrectcipants, as to the
supervision of SYETP P obligations under
Agent's responsibilities and
dng each worksite
this Agreement by pof this Agreement, as well
supervisor with a copyisors
as a copy of the Worksite Supe and review O fothe
and assuring the availability assi ned
training handbookmaterials with any g
alternate supervisors.
201.E The Agent shall notify BETA/SYETP immediain tely of
any temporary and/or ongoing changes e
rvising
designation of personnel who will be sup
. . ,, the youth.
anticipant time sheets by keeping
201.9 The Agent shall be accountable for maintaining
BETA/SYETP P ros
accurate work time rding timeeinasegments ofrfifteen
timesheets,
reco: and supervising the proper
minutes,
i, completion of SYETP participant time sheets
i furnished
consistent with instructiosparticipant time
BETA/SYETP and certifying/signing P
sheets if all the prior requirements are met.
201.10 The Agent shall not require participants to Job
work
more than the hours
hds in1eno ceventted in he may
an
Order/Training an hours per week.
worked exceed forty ( )
201.11 The Agent agrees not to knowingly refer for
who have a
eligibility determination any youths
wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sitter-in-law,
mother-in-law,
son-in-law, daughter-in-law, niece, nephew,
father-in-law, aunt, uncle, ed in an
stepparent, or stepchild who are entl°yBETA or
administrative capacity for the Ag
another of BETA'S contractors.
201.12 The Agent warrants that no youth will be involved
in a work experience
totivity contribute ctotradditional
ibutes or
could be Agent or which will
sales or income of the for
otherwise resul ization.in thesuinitheat f event that t the
the Agent's organ
alizes an income as n result
Agent unknowingly re
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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 PCL) 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 fo_ BETA.
201. 19 The Agent shall keep copies of all records
pertaining to the operation of this Agreement and
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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 SETA/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.
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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
,i 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
41 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
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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:
y a. Child Labor Laws (29 USC 203) : Employment
(f Minors Between Fourteen (14) ndSixteen
I 16) Years of Age (Subpart C) , occupations
p ; Particularly Hazardous for the Employment of-
Minors Between Sixteen (16) and Eighteen (18)
t 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
operation of the Summer Youth Employment and
Training Program. (Exhibit C)
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d. Wo ksiteouth Supervisor'st and Handbooknidevelop Program Summer eloped by
BETA. (Exhibit D)
e. summer Youth Employment Work Provider Job
Order Package. (Exhibit E)
to be
f. Completed incorporated binto ethis rAgreementaining r.ns(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 wJTPA pprog=am. Poliparticipantsical activities
are
under any
prohibited from engaging in any political activity
during hours paid for with JTPA
funds
acand
no
participant engaging in any political
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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
erform
iants may not
functions which Aprovide cdirect religious education
services.
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IN WITNESS THEREOF, the parties hereto have made and
executed this document on the respective dates under each
signature: (Agent's
Cit r of Dania signing by and through
name) through its authorized to execute same by
its action on the _day of —�
19 , and the BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION,
b and through its Executive Director, duly authorized
signing Y Council action on the 7th day of March, 1977
to execute same by
at BETA/BIC Council Meeting No. 36• City of Dania
AGENT:
AS TO AGENT, WITNESSED BY: 100 W. Dania Beach Blvd.
Dania, FL 33004
BY s
ATTEST: gob Mikes , Mayor
Wanda Mullikin-City Clerk ,
RY:
APPROVED FORM AND CORRECTNESS: DATE ert F. FlatleyCity Manager
--------------------
Frank Adler City Atto THE BROWARD EMPLOYMENT AND
AS TO BROW�RD EMPLOYtE i TRAINING ADMINISTRATION, A
TRAINING ADMINISTRATION, GOVERNMENTAL CONSORTIUM OF THE
ALE AND
CITIES OF FORT BROW COUNTY.
WITNESSED BY: HOLLYWOOD, AND
FLORIDA
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BY:
MASON C. JACKSON
TITLE: Executive Director
DATE:
Approved as to forttorney
by
Office of County Florida
for •Broward County,JOHN J. COPELAN, JR. , County LADED FOR BETAS
ntorney. Governmental Center RECOMME
115 South Andrews Ave-
Fort Lauderdale, Florida 33301 BY= Thomas Mulligan ration
Telephone (305) 357-7600 Tl�ys: Director of Otx
BY:RONCffELLE J. DANIELS
Assistant County Attorney
EXECUTION PAGE
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