HomeMy WebLinkAboutR-1992-125 RESOLUTION NO. 125-92
A RESOLUTION OF THE CITY OF DANIA, FLORIDA
APPROVING AGREEMENT NO. 92-EDWAA NATIONAL
RESERVE-7 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; AND
PROVIDING FOR AN EFFECTIVE DATE. '
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
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FLORIDA:
Section 1 . That that certain Agreement No. 92-EDWAA NATIONAL a+r'
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RESERVE-7 between the Broward Employment Training Administration, 1
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a Governmental Consortium Created to Conduct Manpower Training and .
Employment Programs in Broward County, Florida, and the City of
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Dania, a copy of which is attached hereto as Exhibit "A", be and
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the same is hereby approved, and the appropriate city officials
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are hereby directed to execute same. K -
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption. � -
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Passed and Adopted this IIth day of September 1992 .
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MAYOR - Ca#MISSIONER
ATTEST:
ITY CLERK - AUDITOR
hsTw'.IeaT_'X'�k -
APPROVED AS TO FORM AND CORRECTNESS:
FRANK C. ADLER, City Attorney
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125=92
Resolution No.
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f AGREEMENT NO. 92-Emm NATI(NAL RESERVE-7
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 aANIA
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EXHIBIT "A"
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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 i
Lauderdale and Hollywood, and Broward County, existing under and
by virtue of the laws of the State of Florida as a Council of
C;rar;�onts, having its principal offices at 330 North Andrews
Avenue, Fort Lauderdale, Florida 33301, AND the C;tv of
Dania _ , existing under and by virtue of
the laws of the State of Florida having its principal office at
I 100 WQst Dania Beach Blvd Dania FL 33004 1992 and to be
to begin by the day of ,
completed by the day of . 19_
JWITNESSETH THAT:
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WHEREAS, the Broward Employment and Training
Administration and the Broward Employment and Training
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
Y
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 i
Department of Labor are desirous of providing job training which
will lead to enhanced self-sufficiency; AND
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WHEREAS, the Broward Employment and Training f
Administration and the City of Dania
desire to provide meaningful employment for individuals who have
been affected by Hurricane Andrew, a federally declared natural
disaster,
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
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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
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work experience opportunities consisting of temporary jobs which
, a will benefit the public to assist in community repairs and
clean-up, to enable resumption of regular ar emo be ployment
t under eligible
individuals as described herein,
guidelines of the United States Department of Labor rules
applicable to National Reserve Grants and under the contracting
powers of BETA.
101 . DEFINITIONS
101 . 1 Agent shall mean the participating
governmental unit or nonprofit agency.
101 .2 andTT" shall mean the raiAdministration.d Employment
ning r ;
101 . 3 orollectirve
epresentativesgents' shall mean a union
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101 .4 'IDOL" shall mean the United States Department of
Labor.
shall Economic
101 .5 IIEWorker AdjustmentnAssistance Actocation and
101 .6 "Eliibworkerale Dislocated dislocated at d Waskera shall result anofhomassive
sed by
naturaldevastation and disaster a on specifically Hurricaneomic dislocation uAndrew. a i
j101 .7 Job Order" shall mean the BETA JOB ORDER
form (and attachments thereto) used as an
application for requesting work sites/job slots
for eligible participants and which is
incorporated into and made part of this
Agreement.
101 . 8 "Job Site/Worksite" shall mean the physical
location and the department of the participating
Agent to which the participant has been assigned.
101 .9 "JTPA" shall mean the Job Training Partnership Act.
101 . 10 "Labor
Union
Concurrence"
shall mean a union's
consent the ,
le
ated
101 . 11 "Participant"ncludi g shall
Worksiten Aidesibreferredcby BETA
for placement to Agent as described in Section
101.5 above.
ies and ervices
101 . 12 "Program" shall mean the avit
under this Agreement.
to be provided by the Agent -
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101 . 13 servesias an Aide"
aideshall
themean
participant
ervisor or
who performs as an administrative aide as directed
by BETA.
101. 14 "Worksite Supervisor" shall mean Agent's
personnel designated by Agent to provide
continuous on-site supervision and direction to
the participants at Agent's worksite(s) and
who
will be responsible for verifying participants'
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time sheets .
ARTICLE II : PROGRAM OPERATIONS
j 200 . PROGRAM
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The program to be provided shall be work experience,
wherein a participant referred by BETA to the Agent, is
given job functions to perform under the guidance and
leadership of the Agent in accordance with rules governing
Secretary' s Title III National Reserve Grants.
201 . RESPONSIBILITIES OF AGENT
j 201 . 1 The Agent shall supervise all participants at the i
job sites and shall require participants '
conformance with the Agent's Personnel Rules.
201 .2 The Agent shall plan and direct participant
work
able
activities in accordance with the app
Federal and State Labor Law Acts, rules and
regulations , and other applicable State and local
laws .
201 . 3 The Agent shall direct participant(s) work
activities in acacnadoa=ce with their raining
which
plan/job order(s) job description(s)
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 National Federal Reserve Grants.
201 .5 The Agent shall ensure that all of the Agent's
personnel, including any alternate staff, who will
be involved in supervising the participants shall
attend the Worksite Supervisor's Training Meeting
conducted by BETA, which will be held during the `
month of September.
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201 .E 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 as appropriate.
201 .7 The Agent shall orient and train their Worksite
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Supervisory personnel directly responsible for the
supervision of 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 immediately of any
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temporary end/or ongoing changes in the
designation of personnel who will be supervising l `
the participants .
201.9 The Agent shall be accountable for maintaining
BETA participant time sheets by keeping accurate
2; work time attendance rosters and timesheets,
recording time in segments of fifteen minutes,
assuring and supervising the proper completion of
participant time sheets consistent with
instructions furnished by BETA and
certifying/signing participant time sheets if all
the prior requirements are met.
11 201 . 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. ., v,.
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201 . 11 The Agent agrees not to knowingly refer for ,
eligibility determination any individuals who have
a wife, husband, son, daughter, mother, father,
brother, brother-in-law, sister, sister-in-law, r' wyjYa
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.
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201. 12 The Agent warrants that no participant 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 of participants ' activities, such income
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shall be claimed by BETA pursuant to federal
guidelines governing program income.
201 . 13 The Agent assures that all sites where
participants will be assigned have the capability
and facilities to provide services to participants
in a sanitary and safe environment.
to normal
rm
201 . 14 The all con
routines ntand wfunctions orksite shbefittingo 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.
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201 . 15 personnel who Agent will ll sact eas worksite it will a supervisory
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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
participants are to be located must be part of the
Agent' s organization. Under no circumstances `
shall a participant be placed at a site other than I
the Agent's designated w=anted , by unless prior for
written permission is g
ances under no
outstationing and in such inst
circumstances shall 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 this program.
201 . 18 The Agent shall make original and/or certified surveys,
copies of any reports, plans
information, documents, maps or other data
produced or developed by the Agent in execution of
i the project covered by this Agreement, available
it 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. y ems,
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,,. 201 . 19 The Agent shall keep copies of all records
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^. pertaining to the operation of this Agreement and
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 place participants into jobs
pursuant to approved job orders . These jobs shall
be limited to work assignments which will benefit
the public in assisting with community repairs and
iclean-up resulting from Hurricane Andrew.
201 .22 The Agent shall notify staff of any problem
concerning participant's performance at a worksite.
201 .23 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 program.
201 .24 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 participants are going to be employed.
202. RESPONSIBILITIES OF BETA
202 . 1 BETA shall provide " Worksite Assistant(s) " and/or
"Worksite Aide(s) " who shall provide technical
assistance and aid in the supervision of the
participants, respectively.
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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.
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202.4 BETA shall be responsible for participant's wages .
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202 .5 BETA shall provide Workers ' Compensation for all
participants employed under this agreement.
202 .6 BETA shall provide counseling and supportive
services to the participants.
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202.7 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 .8 BETA shall be responsible for providing Program
Orientation and Vocational Skills/Life Orientation j
to BETA 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. ! '
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302. TERMINATION
302. 1 This Agreement may be terminated as follows :
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a. BETA or the Agent may request a termination j
for convenience upon fifteen ( 15) days prior
written notice to the other party.
b. BETA may terminate this Agreement at any time
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 1 .
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. Assurances and Certifications . (Exhibit A)
b. JTPA Rules and Regulations governing the
operation of Secretary' s National Reserve
Grants. (Exhibit B)
C. Reserve Grants Worksite Supervisor's Handbook
developed by BETA. (Exhibit C)
d. Completed Job Orders/Training Plans to be
incorporated into this Agreement. (Exhibit D)
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
anticipant engagingin any political activity
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during off hours may represent himself or herself
as a spokesperson of any JTPA program.
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800.2 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 religiousFVI
education
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services . 4
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IN WITNESS THEREOF, the parties hereto have made and executed
this document on the respective dates under each signature:
City F Rama (Agent 's
name) through its City Commission signing by and through
its City Manager authorized to execute same by
Commission action on the 9th day of September ,
and the BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION,
signing by and through its Executive Director, duly authorized
to execute same by Council action on the 7 day of Mares ,
1977 at BETA/BIC Council Meeting No. 36 .
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AS TO AGENT, WITNESSED BY: AGENT: City of Dania
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BY: Pobert F . Flatley f
TITLE: City Manager
DATE:
AS TO BROWARD EMPLOYMENT 6 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
f BY:
Mason C. Jackson
TITLE: Executive Director j
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:
Thomas Mulligan
Director of Operations
BY:
Rochelle J. Daniels
Assistant County Attorney
EXECUTION PAGE
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