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HomeMy WebLinkAboutR-1993-073 `F RESOLUTION NO- CITY A RESOLUTION OF THE CITY OF DANIA, FLORIDA APPROVING AGREEMENT BETWEEN THE CITY OF DANIA AND BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, A GOVERNMENTAL CONSORTIUM CREATED TO CONDUCT SUMMER YOUTH EMPLOYMENT AND TRAIAND PROVIDINGGFOR,SANNEFFECTIVE COUNT , FLORIDA; BROWD DATEY fi Y COMMISSION OF THE CITY OF DANIA, BE IT RESOLVED BY THE CIT 1 FLORIDA: Section 1 . That that certain Agreement between the City of t Dania and Broward Employment and Training Administration, a to conduct Summer Youth Employment Governmental Consortium created and Training Programs in Broward County, Florida, a copy of which is attached hereto as Exhibit "A" , be and the same is hereby y directed approved, and the appropriate city officials are hereb to execute same. Section 2 . That this resolution shall be in force and take effect immediately upon its passage and adoption. 11th day Of May , 1993. Passed and Adopted this Y Y R -COMMISSIONER ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: FRANK C• ADLER, City Attorney 73-93 Resolution No. I a ' j rr f AGREEMENT NO. 93-IIB-1614-SYETp-50 BETWEEN THE BROWARD EMPLOYMENT AND TRAIN CONSORTIUMDCREATED TONCONDUCT GOVERNMENTAL CREATED TRAINING AND EMPLOYMENT PROGRAMS IN BROWARD COUNTY, FLORIDA AND THE CZTY OF DANIA I E I i i f 1�s � 1 } „ f w i f EXHIBIT "A" t o 3 px i i 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 1 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 j having its principal office at tan Best Dania Rpanh nt .a Dania FT. ';1QQ4 to begin by the twenty-first day of June, 1993 and to be completed by the thirteenth day of August, 1993. WITNESSETH THAT: 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 LaborD -up C- L-twitent of c..... a grant for the erxeC L't� ^.^. _n•+ 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 I mutual covenants and obligations herein contained, and subject { '.. to the terms and conditions hereinafter stated, the parties hereto agree and understand as follows . i ARTICLE I: AGREEMENT PURPOSE AND DEFINITIONS 100. PURPOSE It is the purpose of this Agreement to state the covenants 'y• and conditions under which BETA and the Agent will implement and provide training and employment serv;ces; specifically summer 1 ff n � t J _ - tr xt5' { I r� eligible Youths as described opportunities to del of JTPA, as amended, experience under the guidelines work to be funded of BETA- and the contracting Powers and under i101 . DEFINITIONS anticipating i Agent shall mean the P rofit agency- ' 101 . 1 unit or nonp governmental "SETA" shall mean the Broward Employment 101 .2 and Training Administration. a union "Collective Bargaining Agents" shall mean 101 . 3 or union representatives . 101 .4 'IDOL" shall mean the United States Department of Labor. shall mean that Disadvantaged the Governor and/or 101 .5 "EconomicallYas determined by uidelines • income level below the poverty 9 DOL as being the BE JOB ORDER "Job Order" shall mean used as an 101 .6 work sites/job slots { form (and attar requesting incorporated application for ipa which is for SYETP Participants and Agreement, and made a part of this - , -.I _ " shall mean the phy'y`�-sting the department of the Particip 101 .7 "Job Site/worksite assigned. location and the Youth has been Agent to which partnership Act. n the Job 101 . 8 "JTPA" shall mea Training Union Concurrenc e" shall mean a union' s 101 . 9 "Labor lrenc ts . consent to SYETP P eligible youth " shall mean a JTPA eferred by BETA fo of 101 . 10 "ParticiPaWorksite Aides r between the ages in A gent and who is Iurteent to( 14) and twenty-one (21) i the activities and services 101 . 11 "Program shall mean Agent under this Agreement. to be provided by ent and 101 . 12 " "SYETP shall mean Summer Youth Employment Training Program' shall m articipervisor or 101. 13 "worksite Aidt who e" theaworksite aide as directed j serves as an aide to t who performs as an administrative E 1 by the SYETP Director. A ent' s ite Supervisor" "works shall mean 9 101. 14 I 3 - i .':'_+ f personnel designated by Agent to provide to continuous on-site 6ppervision and direction Agent' s worksite(s) end who j SYETP participants verifying SYETP i will be responsible lea for participants ' time sheets . person between the ages of 101. 15 "Youth" shall mean a p 21 fourteen ( 14 ) and twenty-one ( ) • 101 . 16 "Youth Worksite Assitant" shalllmserve as BETA/SYETP staff person 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 to perform under the guidance andleadership Job functions in accordance with the JTPA regulations . 201 . RESPONSIBILITIES OF AGENT articipants at the The Agent shall supervise arequire participants ' 201 . 1 sites and shall job Agent' s Personnel Rules . conformance with the rlriDant work - Agent shall plan and direct r- ---- - 201 . 2 The Ag with the applicable activities in accordance Labor Law Acts , rules and f Federal and State Child applicable State and local 4 regulations , and other laws . articipant(s) work 201 . 3 The Agent shall direct p their training accordance with which [ activities ins and/or job description(s) , fl plan, job order(s)) orated by reference and made a are hereby incorp part of this Agreement. 201 . 4 The Agent shall comply with t8ndJteTLeQuiations Partnership Act, as amended, as they relate promulgated thereunder especially 1 'I to the SYETP. east' s alternate staff, who will 201 . 5 The Agent shall ensure that all of the A9 personnel, including any the Summer Youth be involved in supervising am participants shall Employment and Training attend tcond cted by k BETA,siteS hick swill bea held Meeting and June. during the months of May 4 yam'' 201 . 6 The Agent shall allow their work site supervisors time off upon SETA's. Written request so that they may attend the Worksite Supervisor' s Orientation Workshops . ite 201 .7 The Agent shall orient and their rain onsible fors the Supervisory personnel directlyrasp as to the SYETP participa supervision ofnts, nder Agent' s responsibilities and obledCri on worksite this Agreement by providing as well supervisor with a copy of this Agreement, ; as a copy of the Worksite supervisors Handbook, and assuring the availability and review of the training handbook and materiels with any assigned {I alternate supervisors . t 201 . 8 The Agent shall notify BETA/SYET chees immediately of the any temporary and/or ongoing 9 designation of personnel who will be supervising the youth. nng 201 . 9 The Agent shall be accountable for main keeiin �d BETA/SYETP participant time sheets by P g �r accurate work time attendance rosters and timesheets, recording time in segments of fifteen h minutes, assuring and i g the time sheets , completion of SYETP participant by consistent with instructions^ f*icipant. time i ' BETA/SYETP and certi tying/ 51%34 .1.y r�----Y sheets if all the prior requirements are met. rv!4 201 . 10 The Agent shall not require participants to work more than the hours reflected in the Job houzs Order/Training Plan and hoursin per o event may per week. worked exceed forty (40) Agent agrees not to knowingly refer for 201 . 11 The Aq 9 youths who have a I eligibility determination daughter,y mother, father, f wife, husband,brother, brother-in-law, sister, sister-in-law, mother-in-law, son-in-law, daughter-in-law, nephew, � aunt, uncle, niece, P � fathper-in-law, P in an stepparent, or stepchild who are employed 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 or which wional ll sales or income of the Agent 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 i 5 i _. .r�uC'..J•"L"-'�'YFI`�'.^-G^FS�'�'�.a�.� . _ '.w .�...Air.. '•) k�x- .. 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. I 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 I 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 - Agent ' 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 �outstatloning and in such instances under no 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, II attendance records, supervisor assignments, and I: 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 f 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. r 201 . 19 The Agent shall keep copies of all records pertaining to the operation of this Agreement and 6 r O Amendment hereto for three ( 3) years following any Agreement . the expiration of thiq 201 . 20 The Agent shall provide in coverage for participants under the Agent' s general or public I r ! or if the Agent is liability insurance policy, i BETA aat thirty self-insured to indemnia=ticipantsins underrd this claims involving P ' Agreement. 201 .21 The Agent shall cooperate with BETA/SYETP in l r conducting SYETP Vocational Skills/Life Skills t Orientation for SYETP participants . inform BETA/SYETP staff 201 .22 The Agent shall occur at immediately should an accident or injurya rticipant. r the job site, affectingor involving P 201 . 23 The Agent shall notify SYETP staff of any problem concerning participant' s performance at a worksite. qualified 201 .24 The Agent understands and agrees that no handicapped individual shall on the basis of xcluded from participation in, be handicap, be e ect to denied the benefits of, or otherwise a a subj discrimination under this SYETP pro9 Sections 201 . 25 Agent understands that in a of r the a Job with Training 143 (b) (2) and 143 (c) ( iAtions attached hereto as Partnership AcL --�--- Exhibit C, Agent must obtain written concurrerice from the appropriate bargaining agent if in a collective bargaining agreementhis occupatioe in Agent' s organization covering going to which the Summer Youth participants are g 9 be employed. 202 . RESPONSIBILITIES OF BETA ll provide ' "Youth Worksite Assistant(s) " 202 . 1 BETA shall provide an who sha arid/or Worksite Aide(s) " ervision of ' technical assistance and in the sup the youths, respectively, 20Y , 2 BETA shall assist the job site supervisor in resolving any problems concerning the youths' performance on the job by responding to the as per Section 201.23 above. Agent' s notice 202 . 3 BETA shall hear all grievances concerning program f �{{ participants ' performance at the job site. -1 r 7 .. y y: �r be responsible for participant' s wages . 202 . 4 SETA shall _ 202 . 5 BETA ensation shall provide hO stand mPTraining for Summer Youth Employment (SYETP) participants . 202 . 6 BETA shall provide counseling and supportive services to the SYETP participants . ickin up andstr 202 .7 BETA shall be responsible for p b i participant timeheedependent onAg nt r's participant paychecks submission of properly certified time sheets. 202 . 8 BETA shall be responsible for providing Program Orientation and Vocational Skills/Life Orientation to SETA/SYETP participants . 300 . MONITORING 300 . 1 The Agent shall allow BETA,of its agents, and the State of Florida, or any ; worksites , and mnitor, DOL to visit the Agent corrective actionowithin report problems, requires specified time periods or close worksites without prior notice other than a written notification to be delivered to the Agent at the time r vesnors closing of the worksites, whef the re of the State of Florida, or DOL find serious or i continual violations of JTPA, the JTPA regulations , or other federal, state or local laws which z violations are not being remedied, or where BETA, uf, the Governor of the State of Florida or DOL find noncompliance with any of the terms or conditions under this Agreement. G} 301 . NOTICE ce 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 fc located at a one a this id entified in paragraph one, P 4 302. TERMINATION 302 . 1 This Agreement may be terminated as follows: B 4 .e I{ % mo f a. BETA or the Agent may request a dnaasio rior i for convenience .upon fifteen ( 15) Y P written notice to the other party. b. BETA may terminate this Agreement at any time I that the BETA authorized representative, who shall be the BETA Executive Director a determines that: 1. the Agent has failed to comply with any of the provisions contained in this endment hereto; or Agreement or any Am 2 . the Agent fails to perform in whole or in I part under this Agreement or fails to take corrective action after receiving oral or written requests t asomso within an appropriate time period stipulated by BETA. 303. INTEGRATION her303. 1 The following into and made a part documents thiseAgreementincorporated a. Child Labor Laws (29 USC 203 ) : Employment 1 of Minors Between Fourteen ( 14) and Sixteen ( 16 ) Years of Age (Subpart C) , Occupations __,.. ue+a in for the Employment of -- ParticularlY u_-zardous Ym Minors Between Sixteen ( 16 ) and Eighteen ( 15) i 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) d. Summer Youth Employment and Training Program Worksite Supervisor's Handbook developed by f. 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 i the purview of the Federal Hatch Act and JTPA Regulations which prohibit political activities ..� 9 �. i J _'. . 404 under any JTPA program. Participants are rl prohibited from engaging in any political activity during hours paid for with JTPA funds and no participant engaging in any political activity 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 3 services . ; 5}+ �s a4, tkz w u r. ah I I 10 Y� IN WITNESS THEREOF, the parties hereto have made and executed °.I this document on the respective dptes under each signature : (Agent's j City of Dania signing by and through name)tthrough its authorized to execute same by its day of action on the Y 19�, and the BROWARD EMPLOYMENT AND TRAINING .ADMINISTRATION, signing by and through its Executive Director, duly authorWized, to execute same by Council action on the 7th day of 1141 - - 19 77 at BETA/BIC Council Meeting No. 36 City of Dania AS TO AGENT, WITNESSED BY: AGENT: E 100 West Dania Beach Blvd. Dania, FL 33004 BY: TITLE: DATE: AS TO BROWARD EMPLOYMENT & THE BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, TRAINING ADMINISTRATION, A GOVERNMENTAL CONSORTIUM OF THE CITIES Ur tuna %tmrnn LE AND WITNESSED BY: HOLLYWOOD, AND BROWARD COUNTY, FLORIDA BY. Mason C. Jackson 9 TITLE : Executive Director 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: Anthony Sanfilippo SYETP Director BY: Rochelle J. Daniels Assistant County Attorney EXECUTION PAGE i } Yrl �4 tln 4 i r v , 1.< 4 �S r. I r•` w r' 1 rc; i s i }i. T _— .._.-- ..�,�...-.:..+s vasir.!'r"r?° S�•'"_�'•�.s' '.0 7k�N A w '