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! RESOLUTION NO. 122-99
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA
APPROVING THAT CERTAIN AGREEMENT NO. 99-11B-1619-
SYETP-10 BETWEEN THE ("CONTRACTOR") AND THE BROWARD
EMPLOYMENT AND TRAINING ADMINISTRATION ("BETA"), A
GOVERNMENTAL CONSORTIUM CREATED TO CONDUCT
MANPOWER TRAINING AND EMPLOYMENT PROGRAMS IN
BROWARD COUNTY AND THE CITY OF DANIA BEACH; FURTHER,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, after due consideration, the City of Dania Beach, Florida hereinafter designated
as ("CONTRACTOR") deems it in the public interest to execute a continuing Agreement between
the Broward Employment and Training Administration in accordance with the terms and conditions
contained in said Agreement No. 99-11 B-1619-SYETP-10.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA
Section 1: That that certain Agreement No. 99-11 B-1619-SYETP-10 between the Broward
Employment Training Administration, a Governmental Consortium created to Conduct Manpower
Training and Employment Programs in Broward County and the City of Dania Beach, a copy of
which is attached to and made a part of this Resolution as Exhibit"A", is approved and the
appropriate City officials are hereby directed to execute same; provided, however, that the City
Manager and City Attorney are authorized to make minor revisions to such Agreement as are
deemed necessary and proper for the best interests of the City.
Section 2: That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED this 22otl day of Ju e'1999. 17
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ATT T: MAYOR- COMMISSIONER
ACTING CI I Y CLERK
APPROVED AS T FO M AND CORRECTNESS:
CITYATTt7�EYv VY f V
RESOLUTION NO. 122-99
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AGREEMENT NO. 99-IIB-1 619-SYETP-1 0
BETWEEN
THE BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION.
AND
THE CITY OF DANIA
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AGREEMENT NO, 99-IIB-1619-SYETP-10
This AGREEMENT, entered into this_day of , 19 b
and between the Broward Employment and Training Administration, a consortium
of the Cites 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 hereinafter referred to as
CONTRACTOR existing under and by virtue of the laws of the State of Florida as
a municipality having its principal office at 100 West Dania Beach Blvd., Dania,
FL 33004 to begin June 28, 1999, and to be completed by August 15, 1999, in
accordance with Article 2, Section 208.
WITNESSETH THAT
WHEREAS, the Broward Employment and Training Administration has
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 summer youth job training and employment program; AND
WHEREAS, the Broward Employment and Training Administration and
CONTRACTOR are desirous of providing meaningful employment for
economically disadvantage youths, ages fourteen (14) through twenty-one (21),
AND
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 Contractor will implement and provide training and
employment services, specifically summer 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.
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101. DEFINITIONS
101.1 "BETA" shall mean the Broward Employment and Training\
Administration
101.2 "BWDB/WAGES Coalition" shall mean the Broward Workforce
Development Board/WAGES Coalition
101.3 "Collective Bargaining Agents" shall mean a union or union
representatives.
101.4 "Contractor" shall mean the participating governmental unit or
nonprofit agency.
101.5 "DOL" shall mean the United States Department of Labor.
101.6 "Economically Disadvantaged" shall mean that income level as
determined by the Governor and/or DOL as being below the
poverty guidelines.
101.7 "Job Order" shall mean the Summer Youth Program JOB ORDER
form (and attachments) 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.
101.8 "Job Site/Worksite" shall mean the physical location and the
department of the participating Contractor to which the youth has
been assigned.
101.9 "JTPA" shall mean the Job Training Partnership Act.
101.10 "Labor Union Concurrence" shall mean a union's consent to SYETP
placements.
101.11 "Participant" shall mean a JTPA eligible youth referred by the Urban
League of Broward County for placement to a Contractor and who
is fourteen (14) through twenty-one (21) years of age.
101.12 "Program" shall mean the activities and services to be provided by
the contractor under this Agreement.
101.13 "SYETP" shall mean Summer Youth Employment and Training
Program
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101.14 "Urban League" shall mean the agency selected by the BETA
Council and the BWDB/WAGES Coalition to be responsible for the
development of summer worksites, eligibility determination of the
Youths, assignment of the youths to the worksites, and collection
and verification of participant timesheets and payroll.
101.15 "Worksite Aide" shall mean a youth who is eighteen(18) through
twenty-one(21) years of age and who serves as an aide to the
worksite supervisor or who performs as an administrative aide as
directed by the SYETP Director.
101.16 "Worksite Supervisor' shall mean Contractor's personnel
designated by Contractor to provide continuos on-site supervision
and direction to SYETP participants at Contractor's worksite(s) and
who will be responsible for verifying SYETP participants' time
sheets.
101.17 "Youth" shall mean a person who is fourteen(14) through twenty-
one (21) years of age.
101.18 "Youth Worksite Assistant" shall mean an Urban League/SYETP
staff person who shall serve as a liaison.
END OF ARTICLE I
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ARTICLE II
PROGRAM OPERATIONS
200. PROGRAM
200.1 The program to be provided shall be a work experience,
wherein a youth referred to Contractor by the Urban League of
Broward County, is given job functions to perform under the
guidance and leadership of the Contractor in accordance with
the JTPA regulations.
200.2 The Urban League of Broward County shall be responsible for
participant eligibility certification and recruitment. The Urban
League of Broward County shall assess each participant to
determine their suitability for Contractor's program.
201. RESPONSIBILITIES OF CONTRACTOR
201.1 Contractor shall supervise all participants at the job sites and
shall require participants' conformance with the Contractor's
Personnel Rules.
201.2 Contractor shall plan and direct participant work activities in
accordance with the applicable Federal and State Child Labor
Law Acts, rules and regulations, and other applicable state and
local laws.
201.3 Contractor shall direct participant(s) work activities in
accordance with their job order(s) and/or job description(s),
which are hereby incorporated by reference and made a part of
this Agreement.
201.4 Contractor shall comply with the Job Training Partnership Act,
as amended, and the regulations promulgated thereunder
especially as they relate to the SYETP.
201.5 Contractor shall ensure that all of the Contractor'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 the Urban League of Broward
County, which will be held during the months of May and June.
201.6 Contractor shall allow their work site supervisors time off upon
the Urban League of Broward County's written request so that
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they may attend the Worksite Supervisor's Orientation
Workshops.
201.7 Contractor shall orient and train their Worksite Supervisory
personnel directly responsible for the supervision of SYETP
participants, as to the Contractor'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 Contract shall immediately notify the Urban League of Broward
County of any temporary and/or ongoing changes in the
designation of personnel who will be supervising the youth.
201.9 Contractor shall be accountable for maintaining 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 and/or the Urban League of
Broward County and certifying/signing participant time sheets if
all the prior requirements are met.
201.10 Contractor shall not require participants to work more than the
hours reflected in the Job Order and in no event may hours
worked exceed thirty (30) hours per week unless expressly
authorized in writing by BETA. BETA shall be responsible for
participants' wages only up to 30 hours a week. Participants
shall only be paid for time actually worked. BETA will not pay
for time not worked, overtime, holidays, vacation, sick or other
leave or time off from the job. Contractor shall be responsible
for any wages due participants beyond thirty (30) hours a week,
including wages due for any over-time worked by participants
under Contractor's supervision, as well as for wages due and/or
paid for holidays, vacation, sick or other leave or time off from
the job.
201.11 Contractor agrees not to knowingly refer for eligibility
determination any youths who have a wife, husband, son,
daughter, mother, father, brother, brother-in-law, aunt, uncle,
niece, nephew, stepparent, or stepchild who are employed in
an administrative capacity for the Contractor, BETA, the Urban
League, or another of BETA's contractors.
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201.12 Ccntractor 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 Contractor or which will otherwise result in the
subsidization of wages for the Contractor's organization. In the event
that the Contractor unknowingly realizes income, such income shall be
payable to BETA.
201.13 Contractor 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 Contractor'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 Contractor shall assure it will have supervisory personnel who will act
as worksite supervisors for each of the Contractor's worksites so as to
provide for continuos on-site supervision of participants.
201.16 Contractor shall allow BETA, its designated representative or the
Urban League of Broward County to visit Contractor's training sites for
the purpose of monitoring Contractor's operations to ensure compliance
with this Agreement or Amendment hereto .
201.17 The Contractor shall allow BETA, its designated representative or the
Urban League of Broward County to conduct on-site evaluations of
participants for the purpose of monitoring participants' work activities in
accordance with their training plan/job order(s) and/or job
description(s).
201.18 Contractor 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 Contractor's organization. Under
no circumstances shall a participant be placed at a site other than
Contractor's designated worksite, unless prior written permission is
granted by the Urban League of Broward County for outstationing and
in such instances under no circumstances shall the outstationing site be
private for profit agency.
201.19 Contractor 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 Contractor's operation of the SYETP program.
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201.20 Contractor shall make original and/or certified copies of any reports,
plans, surveys, information, documents, maps or other data produced
or developed by Contractor 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
Contractor may at the time of the request no longer be operating
programs for BETA.
201.21 Contractor shall keep copies of all records pertaining to the operation of
this Agreement and any Amendment hereto for five (5) years following
the expiration of this Agreement.
201.22 If Contractor, is an agency as defined in Chapter 768.28, Florida
Statutes, Contractor agrees to be fully responsible to the limits set forth
in S.768.28, Florida Statutes, for acts of negligence of its agents or
employees when acting within the scope of their employment or
agency, and agrees to be liable to the limits set forth in S.768.28,
Florida Statutes for any damages caused by said negligence. Nothing
herein is intended to serve as a waiver of sovereign immunity by any
party to which sovereign immunity may be applicable. Nothing herein
shall be construed as consent by a state of Florida to be sued by third
parties in any matter arising out of any contract.
Contractors who are not state or federal agencies or units of general
local purpose governments, shall hold and save BETA, its officers,
contractors, and employees harmless from liability of any nature or
kind, including costs and expenses, for or on account of any suits or
damages of any character whatsoever resulting from injuries or
damages sustained by any persons or property resulting in whole or in
part from the negligent performance or omission of any employee,
contractor, or representative of the contractor.
201.23 Contractor shall cooperate with the Urban League in conducting SYETP
Vocational Skills/Life Skills Orientation for SYETP participants.
201.24 Contractor shall inform BETA and the Urban League of Broward County
SYETP staff immediately should an accident or injury occur at the job
site, affecting or involving a participant.
201.25 Contractor shall notify SYETP staff of any problem concerning
participant's performance at a worksite.
201.26 Contractor understands and agrees that no qualified disabled individual
shall be on the basis of disability, be excluded from participation in, be
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denied the benefits of, or otherwise be subject to discrimination under
this SYETP program.
201.27 Contractor understands that in accordance with Sections 143(b)(2) and
143(c)(2) of the Job Training Partnership Act and regulations,
Contractor must obtain written concurrence from the appropriate
bargaining agent if a collective bargaining agreement is in force in
Contractor's organization covering the occupations in which the
Summer Youth participants are going to be employed.
201.28 Contractor shall provide insurance coverage for participants under the
Contractor's general or public liability insurance policy, or if the
Contractor is self-insured to indemnify BETA against third party claims
involving participants under this Agreement.
201.29 Compliance with Discrimination Laws
a. Contractor shall comply with the prohibitions against
discrimination in, the Age Discrimination Act of 1975, section
504 of the Rehabilitation Act, in title IX of the Education
Amendments of 1972, and under title VI of the Civil Rights Act
of 1964 with respect to the performance of their obligations
under this agreement, and shall comply with the physical and
programmatic accessibility and reasonable accommodations
requirements of section 504 of the Vocational Rehabilitation Act
of 1973, as amended, and the Americans with Disabilities Act of
1990.
b. Contractor shall not unlawfully discriminate against any person
in its operations and activities in its use or expenditure of the
funds or any portion of the funds provided by this Agreement
and shall affirmatively comply with all applicable provisions of
the Americans with Disabilities Act (ADA) in the course of
providing any services funded in whole or in part by BETA,
including Titles I and II of the ADA (regarding nondiscrimination
on the basis of disability), and all applicable regulations,
guidelines, and standards.
c. Contractor shall comply with Title I of the Americans with
Disabilities Act regarding nondiscrimination on the basis of
disability in employment and further shall not discriminate
against any employee or applicant for employment because of
race, age, religion, color, gender, sexual orientation (Broward
County Code, Chapter 16'/), national origin, marital status,
political affiliation, or physical or mental disability. In addition,
Contractor shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons.
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Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff, termination, rates of pay, other
forms of compensation, terms and conditions of employment,
training (including apprenticeship), and accessibility.
d. Contractor shall take affirmative action to ensure that applicants
are employed and employees are treated without regard to
race, age, religion, color, gender, sexual' orientation (Broward
County Code, Chapter 16Yz), national origin, marital status,
political affiliation, or physical or mental disability during
employment. Such actions shall include, but not be limited to,
the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff, termination, rates
of pay, other forms of compensation, terms and conditions of
employment, training (including apprenticeship), and
accessibility.
e. Contractor shall not engage in or commit any discriminatory
practice in violation of the Broward County Human Rights Act
(Broward County Code, Chapter 16%) in performing the Scope
of Services or any part of the Scope of Services of this
Agreement.
202. RESPONSIBILITIES OF BETA AND THE URBAN LEAGUE OF
BROWARD COUNTY
202.1 The Urban league of Broward County shall provide "Youth Worksite
Assistant(s)" and/or "Worksite Aide(s)" who shall serve as liaisons
between the Urban League of Broward County and Contractor.
202.2 The Urban League of Broward County shall assist the job site
supervisor in resolving any problems concerning the youths'
performance on the job by responding to the Contractor's notice as per
Section 201.25 above.
202.3 The Urban League of Broward County shall hear all grievances
concerning program participants' performance at the job site.
202.4 BETA shall be responsible for participants' wages.
202.5 BETA shall provide Workers' compensation for all Summer Youth
Employment and Training Program (SYETP) participants.
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202.6 The Urban League of Broward County shall provide counseling and
supportive services to SYETP participants as needed
202.7 The Urban league of Broward County shall be responsible for picking
up participant time sheets and distributing participant paychecks
dependent on Contractor's submission of properly certified time sheets.
202.8 The Urban League of Broward County shall be responsible for providing
Program Orientation and Vocational Skills/Life Orientation to
BETA/SYETP participants.
203 MONITORING
203.1 Contractor shall allow BETA, the Urban League of Broward County, the
Governor of the State of Florida, or any of its agents, and the DOL to
visit Contractor'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
Contractor at the time of the closing of the worksites.
204 NOTICE
204.1 Other than as provided herein, notice required to be given to BETA
under this Agreement, shall be sufficient when hand delivered or mailed
to BETA at its office at 330 North Andrews Avenue, Ft. Lauderdale, FL
33301.
204.2 All notices required to be given to the Contractor under this Agreement
shall be sufficient when hand delivered or mailed to Contractor at its
office located at the address identified in paragraph one, page one, of
this Agreement.
205 TERMINATION
205.1 This Agreement may be terminated as follows:
a. BETA or the contractor may request a termination for
convenience upon fifteen- (15) day's prior written notice to the
other party.
b. BETA and/or the Urban League of Broward County may transfer
or terminate participants at any time without written notice to the
Contractor whereupon termination shall become effective
immediately.
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c. BETA may terminate this Agreement immediately upon twenty-
four (24) hours written notice to the Contractor in the event that
BETA is deobligated or that the Grant under which this program
is funded is terminated.
d. BETA may terminate this Agreement at any time that the BETA
authorized representative, who shall be the BETA Executive
Director determines that:
1. Contractor has failed to comply with any of the provisions
contained in this Agreement or any Amendment hereto; or
2. Contractor has failed to perform in whole or in part under this
Agreement or has failed to take corrective action after
receiving oral or written requests to do so within an
appropriate time period as may be stipulated by BETA
and/or the Urban League of Broward County.
e. This Agreement shall be automatically terminated in the event
that the Urban League of Broward County is unable to, or does
not refer eligible and/or suitable participants to Contractor's
program.
206 INTERGRATION
206.1 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).
b. Assurances and Certifications. (attached to this Agreement)
c. JTPA Rules and Regulations governing the operation of the
Summer Youth Employment and Training Program.
d. Summer Youth Employment and Training Program Worksite
Supervisor's Handbook.
e. Completed Job Orders/Training Plans to be incorporated into
this Agreement.
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Items a and c are public laws, items d and a are available from
BETA.
207 PROHIBITED ACTIVITIES
207.1 The Federal Hatch Act and JTPA Regulations which prohibit political
activities under any JTPA programs. Participants are prohibited from
engaging in any political activity during hours paid for with JTPA funds.
Nor may any participant engaging in political activity represent himself
or herself as a spokesperson of any JTPA program.
207.2 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.
208. CONTRACT TERM
208.1 The program to be operated is an eight week summer work experience
for JTPA eligible youth. Youth assigned to Contractor and reporting
to work on June 28, 1999 or later may work for eight weeks except that
work assignments may not continue beyond August 15, 1999.
208.2 Contractors wishing to retain youth beyond the eighth week, as long as
their work assignment does not extend beyond August 15, 1999, may
make such requests in writing to the Urban League of Broward County.
Requests will be granted based upon the availability of summer funds
and the benefit to be realized by the youth as a result of the extended
assianment.
208.3 Approvals to extend the eight week assignments will be through written
Letters to Contractors by BETA.
END OF ARTICLE II
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ARTICLE III
300. CONTRACTOR OBLIGATIONS TO ADHERE TO PUBLIC ENTITY
CRIMES POLICY
A person or affiliate who has been placed on the convicted list for a public
entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with public
entity for the construction or repair of a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of
real property to a public entity, may not be awarded or perform work as a
contractor, supplies, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity,
and may not transact business with any public entity in excess of the
threshold amount of $10,000 as provided in section 298.017, Florida
Statutes for a period of 36 months from the date of being placed on the
convicted vendor list.
END OF AGREEMENT
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/ EXECUTION PAGE
IN WITNESS THEREOF, the parties hereto have made and executed this
document on the respective dates under each signature:
The CITY OF DANIA signing by and through its'& L� Ilowing Board
action on the a-�- day of 1999, and the Broward Employment and
Training Administration sign g by and through its Executive , following
Board Action on the 20 day of February, 1997.
AS TO THE CITY OF DANIA BEACH y: G
Bert ino, ayor
WI NES ED BY:
L.S. BY:
i ael Smith
ATTEST: < g PR IN ch 1 mith
Jerk TIT L :City Manacrer
DATE June 23, 1999
AS TO THE BROWARD EMPLOYMENT THE BRO ARD EMPLOYMENT AND
TRAINING ADMINISTRATION AND TRAINING ADMINISTRATION
WITNESSED BY:
L.S. BY:
(Signature)
L.S. Mason C. Jackson
TITLE: Executive Director
DATE:
Approved as to form by the Office of the
County Attorney for Broward County,
Florida NOEL PFEFFER, Interim County
Attorney, Governmental Center 115 South APPROVED AS TO FORM &
Andrews Avenue, Fort Lauderdale, FI. CORRECTNESS
33301 by:
Tho as Afi6bt6
City-Attorney
BY: CITY OF DANIA BEACH
Rochelle J. Daniels
Assistant County Attorney
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