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HomeMy WebLinkAboutR-1985-030 1 RESOLUTION NO. 30-85 I A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AN AGREEMENT BETWEEN BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION (BETA) AND THE CITY OF DANIA RELATING TO ON-THE-JOB I TRAINING. I BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That the City Commission of the City of Dania 1 Florida, does hereby approve that certain agreement between the City and Broward Employment and Training Administration (BETA) , a I copy of which is attached hereto as "Exhibit A" , and directs the appropriate city officials to execute same . i Section 2. That the City of Dania, Florida , by its execution of this agreement , agrees to be bound by each and every of the terms and conditions therein contained. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 13th day of August 1985. 1 OR - COMMISSIONER ATTEST: CITY LEAK = AUDITOR APPROVED FOR FORM QQANND CORRECTNESS By . GG�C.C! 11 FRANK C. ADLER, City Attorney I J 4y F7 i CONTRACTOR ' ., _._._MARKETER.___ _ 1 CONTRACT NUMBER _EFFECTIVE DATE ON-THE-JOB TRAINING CONTRACT UNDER THE JOB TRAINING PARTNERSHIP ACT BETWEEN THE BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION (BETA) AND _ City of Dania _ (CONTRACTOR)This agreement is entered into by the Broward Employment and Training Administration(BETA),a Governmental Consortium of the Cilles of Hollywood and Fort Lauderdale and Broward County, existing under and by virtue of the laws of the State of Florida as a Council of Governments and City of Dania (Agent) to provide On the Job Training for BETA participants. This agreement shall begin on the_ day of _... 198_ .and shall end upon the completion of the hours of training set forth in the Training Plants)attached,incorporated and made a part of this Agreement as Exhibit A by each participant to be trained under this agreement. In no case may any participant's hours of training exceed 800 hours. ARTICLE I 100. Program Operation 100.1 The program to be provided by Agent shall 200.6 Agent certifies that if a Collective Bargaining consist of an On the Job Training (OJT) pro- Agreement is in effect during this contract pe- gram, in which a participant referred to the riod covering occupations in which training will Agent by BETA is taught the entry level skills take place, that Agent has notified in writing set forth in the applicable Training Plan at- the collective bargaining agent and the Agent tached to this Agreement. has either obtained the written concurrence 100.2 Only individuals officially referred to the Agent from the collective bargaining Agent. or Agent by BETA may participate in the program funded has not received a response from the collective by this Agreement, bargaining agent within thirty (30) days after •- 100.3 The number of trainees 10 be trained in accord- written notification to the collective bargaining ante with the terms of this Agreement shall be agent. The Agent shall maintain written evi- the total number of slots reflected in the Train- dence of the notification to and the concur- ing Plants) referenced herein and incorporated rence of the collective bargaining agent. Y� and made a part of this Agreement 2007 The Agent, through its designated represenla. live, agrees to Inform BETA of any absentee- ARTICLE II Ism.sickness.or other problems that may arise regarding a trainee enrolled in the program 200. Agent's Responsibilities funded by this Agreement. Agent also agrees 200.1 Agent agrees to hire the trainee at the incep. to notify BETA of the termination of a trainee tion of his/her training period as a member of for any reason within five(5)days of the occur- Agent's regular work force and to retain the rence of the event and where possible to notify trainee upon the conclusion of their training pee the BETA Industry Market Specialist one (1) day prior re the termination of a participant. riod provided that the trainee meets the entry 2008 Agent agrees to Inform BETA. within live (5) n...`' level requirements set forth in the applicable Training Plan. days following completion of the individuals 200.2 Agent agrees to provide the trainees under this training. as to whether or not Agent has re- Agreement or any Amendment thereto the rained trainee as a permanent employee,and if . same terms of employment, insurance cove not the reason(s)why The Agent will be responsible for keeping re- benefieragets,working conditions, pay and fringe cords documenting the attendance ofp artic)- beneLts, accorded to other employees pres- g p ently on Agent's work force pants on time sheets provided by BETA certify. 200.3 Agent shall provide the necessary instruction. mg the attendance and elaying that information to BETA as requested. supervisors, other personnel and equipment necessary to tram the participant 200.10 Agent shall maintain all documentation pertain.200.4 Agent shall be liable to BETA s ing to the program funded by this Agreement pay back all or any Amendment thereto for a period of live monies received BETA as a reimburse-Par (5) years following the Iasi reimbursement merit for the traininngg of an individual by made to Agent by BETA under this Agreement the Agent prior to the date on the BETA Par or an Amendment thereto However. if an pant Referral Form. y y 2J0.5 Agent agrees to submit invoices showing ac- audit. claim, litigation. negotiation or other ac- lual claims for reimbursement On a monthly ba. tion involving this Agreement or Amendments sis. The invoices shall be submitted to BETA by thereto has been started before the expiration of the five(5) year period the records shalt be the tenth (10th) day of each month Where in retained until the Completion of the action and voices are not postmarked the tenth (10th) day resolution of all issues which arise from it, or of the month, Agent understands that its pay- ment may be delayed until the following month until the end of the regular live (S) year period. whichever is later Invoices received by BETA more Than ninety (90)days in arrears will not be paid. r.\ ' , (` SS.r s.A�ui (+id 6,Y. t L 1 I s that an duly authorized repre- 300.2 All notices required to be given to the Agent 200.11 Agent agree Y under this Agreement shall be sufficient when 1 senlative of BETA or the applicable gram fund- ing agency which provides the training funds hand delivered or mailed to the Agent at its reimbursed to the Agent under each separate office located at100 W. Dania Beach Blvd. Training Plan shall have access to and the right Dania Beach, Florida_ 33004 to examine any directly pertinent books, docu- ments, papers and/or records involving trans- actions related to this program. 301. Termination 200.12 Agent shall not assign or transfer Agent's 301.1 Notwithstanding any of the above,cancellation nt shall be instantaneous if at rights or duties under this Agreement or any of this Agreeme 1 . any time the grant funding agency which pro- Amendment thereto vides the training funds reimbursed to the 200.13 Agent shall maintain Workers' Compensation Agent under each separate Training Plan can, nsurance coverage. cels, fails to fund, or otherwise reduces, termi- nates,or negates the contract or grant through 200.14 Agent agrees to indemnify and save BETA and which this Agreement is funded. In such in the grant funding agency, its officers, agents, stances, costs will be reimbursed up to the and employees, harmless from any and all date of cancellation only; thereafter neither claims and/or liability for damages or injury to BETA nor the Agent shall have any obligation persons or damage to property in connection to complete or otherwise continue the program. with the operation of the program funded by 301.2 This Agreement may be terminated by BETA this Agreement or any Amendment thereto should Agent fail to perform its duties in ac- which may arise as the result of any act or cordance with this Agreement or Amendments omission on the part of any agent, servant,trai- thereto. Termination shall be effective imme- nee,or employee of Agent,including costs and diately upon hand delivery of a termination expenses, for or on account of any or all suits, notice to the Agent or two (2) days after the actual or threatened,or damages arising out of mailing of a termination notice to the Agent. the Agent's operation of this program 301.3 BETA,without liability on its part, may suspend 200.15 Agent agrees to pay each trainee the hourly payments under this Agreement at any time that the BETA Executive Director determines wage agreed upon and set forth in each indi- that the Agent has violated any of the clauses vidual Training Plan during the term of this stated in this Agreement or in any Amendment Agreement and Amendment thereto. thereto. 200.16 Agent understands and agrees to pay partict- 301.4 If a trainee is not placed with Agent following pants for overtime hours worked in accordance execution of this Agreement and/or the at, with Federal,State and local laws, even though Cached Training Plan, BETA will not be respon- Agent will not receive any reimbursement from sa th ble for reementcosts incurred any by notnyet nexr BETA for these overtime hours. pended shall automatically be deobligated. 200.17 Agent agrees to allow authorized BETA repre. 301.5 If the assigned trainee terminates prior to the sentatives to make on-site visits with trainees. planned completion date of training, the Agent will be reimbursed for monies expended up to and including the date of termination in accord 201. BETA's Responsibilities - ilities ante with the terms and conditions of this Agreement and any Amendment thereto. 201.1 BETA shall certify and attempt to refer eligible BETA trainees to the Agent. 302, Amendment Procedures 201.2 BETA agrees to reimburse Agent as provided BETA may unilaterally amend this Agreement to con- for herein form to changes in Federal, State or local laws, rules, 201.3 BETA will assist Agent in developing training regulations, or procedural instructions. Such changes plans for each trainee so as to conform with shall become effective upon receipt by the Agent of a Agent's course of training. letter informing the Agent of such unilateral changes signed by an appropriate BETA representative. ive 201.4 An madeuthorized BETA availabe to Agent at Agent's request tog 9 303. Compensation assist Agent in implementing any of the condi- . The total contract amount shall be the total of ly r pe tions set forth herein cent (50%) of each individual participant's hourly wage, excluding overtime, pursuant to the Training Plan under which participant is being trained,which is incorporated ARTICLE III by reference and made part of this Agreement 300, Notice 304 Covenant Against Contingent Fees Agent ent, or 300.1 All thisnotices required e mired to be be given to BETA under hen hand representative of the Agenants that nont fhasrcha gedyorr will charge delivered or mailed to BETA at its office located n iindividual dividvidual color fee afor the pl cement nt funded referral of such s at e, Floridallorth Andrews Avenue. Fort Lauder- Agreement or Amendments thereto. dale, F 33301. 305. Maintenance of Effort 305.1 Agent agrees that this program will not result in and has recall or bumping rights to that posi. the displacement of currently employed tion pursuant to the Agent's personnel policy or workers or impair existing contracts for serv- a collective bargaining agreement. ices. 305.4 For the purposes of Section 305.3 above,a lay- 305.2 Agent agrees that no funds provided by this off is in effect: Agreement will be used to train participants to (a) Until the expiration of the period required fill a job opening created by the action of the by a recall list;or Agent in laying off or terminating the employ. (b) If no recall or reemployment right exists,for ment of any non-BETA person in anticipation of a period of one (1) year from the last layoff or filling the vacancy so created by the hiring of a until the next BETA fiscal year, whichever oc- BETA participant. curs later. 305.3 Agent agrees that no BETA participant shall be 306. Forms hired into or remain working in any position Agent agrees to fill out any forms relating to when the same or substantially equivalent when programs funded by this Agreement or Amend- any is vacant due to a hiring freeze or when ments thereto at the request of BETA or the Amend- any non-BETA person a iv lay-off from the applicable grant funding agencyproviding the same he substantially equivalent position or training funds reimbursed to Agent under each when the non-BETA person has been bumped 9 9 separate Training Plan. ASSURANCES AND CERTIFICATIONS A. General Assurances 1. The Agent assures and certifies that it will com- 6. The Agent assures that none of the funds ap- ply with the requirements of the JTPA and fed. propriated under this Agreement shall be used eral regulations promulgated thereunder or for any political activity, lobbying of Federal, • pertaining thereto, applicable state laws and State or local Legislators, or to promote or op- rules, and all procedural instructions issued by pose unionization. the Secretary of Labor and Employment Secu- rity on behalf of the Governor. The Agent further assures that when applicable federal B. work Performance Assurance and Termination laws or regulations or state laws, rules or pro- cedural instructions are promulgated, 1. The Agent further assures and certifies that augmented, amended or revised, it shall com- upon written notification of noncompliance with ply with them upon receipt of written nolilica- any of the assurances, certifications, or rovi- 2. The Agent understands and agrees that verbal sions contained herein, it will immediately take communications between the parties will not the necessary corrective action required to re- main in compliance. If the conditions of non- ' be accepted in any audit determinations or compliance with any of the certifications and other matters involving interpretations of the assurances contained herein or the conditions ,n rules and regulations governing the implemen- of noncompliance with any other provision of tation of JTPA programs which this is a part is not corrected within thirty 3. The Agent assures that it will comply with Title (30) days after receipt of written notification of VI and VII of the Civil Rights Act of 1964, the such noncompliance, BETA shall have the right Age Discrimination in Employment Act, the to revoke all or part of the contract affected or Equal Pay Act, the Rehabilitation Act and the otherwise recover misspent funds or reduce ak Age Discrimination Act and the Regulations locations to the Agent. promulgated pursuant to each Act in that no - person shall be excluded from participation in or be denied the benefits of any JTPA funded C. Assignment of Responsibilities program or be discriminated against because of race, color, sex, national origin, citizenship, 1. The Agent assures that participant records religion, age, handicap or political affiliation or shall be maintained for each participant in a belief. JTPA program in sufficient detail to demon- 4. The Agent assures that none of the funds ap- strate compliance with the relevant contractual propriated under this Agreement will be used and regulatory criteria attending a particular to support any religious or anti-religious activity activity and with the restrictions on the provi. Participants in the program will not be em- sion and duration of services and specific ac- ployed in the construction, operation or main- tivities authorized in the Act. lenance of any facility which is used for reli- 2. The Agent is responsible for JTPA funds re- gious instruction or worship. ceived through this Agreement and Amend. . 5. The Agent assures that appropriate standards ments thereto. for health and safety in work and training situa- 3. The Agent shall be liable to repay to BETA lions will be maintained, which shall be at least such amounts determined in an audit con. . as effective as that which would be required ducted on behalf of or by BETA to have been under the Occupational Safety and Health Act misspent due to willful disregard of the require- of 1970(29 U.S.C. 651 of seq.). Agent agrees ments of the Act,gross negligence or failure to to keep records of participant injuries and ill- observe accepted standards of administration. nesses in accordance with the provisions of The funds repaid shall be from funds other Part 1904 of Title 29 of the Code of Federal than those provided under the Agreement or Regulations. Amendments thereto. J J D. Financial Responsibilities The Agent shall establish and maintain financial systems which provide for effective control and accountability of all funds received from BETA by utilizing generally accepted accounting principles. Agent shall expend funds received from BETA in accordance with the terms of the Agreement. In witness thereof the parties hereto have executed this contract on the respective dales under each signature. AGENT: City of Dania THE BROWARD EMPLOYMENT AND TRAINING 100 W. Dania Beach Blvd. ADMINISTRATION,A COUNCIL OF GOVERNMENTS OF THE CITIES OF Dania Beach, Florida 33004 FORT LAUDERDALE AND HOLLYWOOD,AND BROWARD COUNTY, FLORIDA BY. BY: Eugene Jewel ROBERT D. JOHNSTON TITLE: City Manager TITLE: EXECUTIVE DIRECTOR DATE: DATE: AS TO AGENT, WITNESSED BY: AS TO BROWARD EMPLOYMENT AND TRAINING ADMINISTRATION, WITNESSED BY. L.S. +rn L.S. L.S. L.S. /, CERTIFICATION a•.aI I, Michael Smith certify that I am the_—Personnel Director of the City of Dania ----- "---"--- -- (corporation, I association,partnership. individual, or governmental entity)named as Agent herein, that _._ Eugene Jewel who signed this contract on behalf of the Agent was the __Cit�Manager of the Agent's organization. that said Contract was duly signed for and on behalf of said organization by authority of its governing body and is within the scope of its corporate _. _ _association I —. partnership -.individual XXXXXX _governmental powers (Signature) 1'