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HomeMy WebLinkAboutR-2021-190 CareerSource Broward Agreement for Summer Youth Employment ProgramRESOLUTION NO.2021-190 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH CAREERSOURCE BROWARD ("CSBD") FOR A SUMMER YOUTH EMPLOYMENT PROGRAM; TO PROVIDE SUMMER EMPLOYMENT OPPORTUNITIES TO FOURTEEN (14) YOUTH RESIDENTS OF DANIA BEACH, IN AN AMOUNT NOT TO EXCEED FIFTY THOUSAND DOLLARS ($50,000.00); PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2021, CareerSource Broward ("CSBD") approached the City with a pilot program to employ seven (7) youth from Dania Beach for the summer; and WHEREAS, the pilot program was a success and the City budgeted for fiscal year 2021- 2022, participation in the CSBD summer youth employment program, in an amount not to exceed Fifty Thousand Dollars ($50,000.00); and WHEREAS, the City desires to provide summer employment funding for 14 Dania Beach youth; and WHEREAS, the City desires to enter into the attached Summer Youth Employment Agreement with CSBD for this fiscal year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above "Whereas" clauses are ratified and confirmed as being true and correct, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That the Agreement with Career Source Broward to provide summer employment opportunities for the youth of Dania Beach is approved and the proper City officials are authorized to execute the agreement, a copy of which is incorporated by reference into this resolution as Exhibit "A". Section 3. That the City Manager and City Attorney are authorized to make minor revisions to the Agreement as may be deemed necessary and proper for the best interests of the City. Section 4. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 5. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on January 11, 2022. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK TAMARA 0. MAYOR HE APPROVED AS TO FORM AND CORRECTNESS: 6.ti1 EV . B UTSIS CIU ATTORNEY 2 RESOLUTION #2021-190 SUMMER YOUTH EMPLOYMENT AGREEMENT THIS IS AN AGREEMENT, entered into on , 202 between the City of Dania Beach, Florida ("City"), a municipal corporation of the State of Florida, having its principal offices at 100 West Dania Beach Boulevard, Dania Beach, Florida 33301 and CareerSource Broward ("CSBD"), the administrative entity and fiscal agent for Career Source Broward Council of Elected Officials, 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 an interlocal unit of Government. WHEREAS, the City Commission, by motion at its meeting of April 28, 2021, approved the entry into a Summer Youth Employment Agreement as a pilot program; WHEREAS, the initial pilot program was a success and the City desires to continue funding the program to allow up to 14 youth that reside in the City of Dania Beach to obtain summer employment through the Summer Youth Employment Program with CareerSource Broward ("CSBD"), NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and payments set forth in this Agreement, CSBD and City agree as follows: SCOPE OF SERVICES a. This Agreement is for a summer program that shall be for the eight week period of June 13, 2022, through August 9, 2022. City agrees to provide a summer youth employment program to youths aged 16 through 18 years old who reside within the legal boundaries of the City of Dania Beach and who are referred to City by CSBD for employment of up to 30 hours a week and for up to eight weeks. ("Summer Program"). b. CSBD shall conduct student orientation sessions for the 2022 Summer Program. c. CSBD agrees to pay the wages for all youth assigned to City who are participating in the Summer Program. d. CSBD agrees to verify that all youths assigned to the Summer Program, for purposes of this agreement, reside within the legal boundaries of the City of Dania Beach. City agrees to provide CSBD with a map identifying the City of Dania Beach boundaries for verification purposes. City agrees that if a youth moves outside of the boundaries of the City during the Summer Program that the youth can continue to remain in the job assignment and the City will continue to pay for that youth so long as the youth remains assigned to the City's Summer Program. The City's funding shall solely be utilized for youth that reside in the City. e. City agrees to provide funding for the Summer Program not to exceed the total amount of fifty thousand dollars ($50,000.00). The City's commitment is to fund fourteen (14) Dania Beach Resident youth for the summer program (14 youth X $3,571.43= $50,000). RESOLUTION #2021-190 CSBD must provide City with receipts, invoices or both for all services rendered and goods provided in connection with the Summer Program. City will review all documents submitted by CSBD and, if inaccuracies, errors or both are discovered in the invoice, City will inform the CSBD Summer Program Manager within twenty-one (21) working days by e-mail, fax or mail of such inaccuracies, errors or both and request that revised copies of all such documents be resubmitted by CSBD to City. The City's decision regarding the accuracy of the documents shall be final. CSBD shall submit its final invoice to City no later than September 16'h, 2022. City reserves the right to withhold payment on any request for payment involving a disputed document submitted by CSBD. f. The Summer Program shall encompass the duties and responsibilities identified by City in the Job Order(s) submitted to CSBD no later than April 15th, 2022 CSBD agrees to notify City at least seven (7) days in advance of a change to the Worksite Supervisor or the location to which any youth is assigned. City shall notify CSBD at least seven (7) days in advance of a change to the job duties, and the jobs can be located outside of Dania Beach. g. CSBD agrees to supervise the youths referred and assigned to City and send work site supervisors to Worksite Supervisors Training Sessions to be held by CSBD during the months of May, June or both. It shall be the responsibility of CSBD to review the supervisor's handbook with those worksite supervisors who are unable to attend the Worksite Supervisors Training Sessions. h. CSBD shall provide the Worksite Supervisor with a copy of the Worksite Supervisor's Handbook. In the event of a change in supervisor, City shall assure the new supervisor is provided with the above information. i. City shall comply with applicable federal and state child labor laws, rules and regulations in the assignment of work to the youths. j. CSBD shall assure that the time worked by each youth is recorded on timesheets in segments of fifteen (15) minutes. The timesheets shall be signed by the youth and the Worksite Supervisor and submitted to CSBD in accordance with a procedure to be established by CSBD for the collection of the timesheets. k. CSBD shall assure youth do not work in excess of thirty (30) hours a week. Youth shall not be requested to work overtime. Youth may not accrue or be paid sick, vacation, or holiday time or accrue or receive other benefits including insurance during the period of their Summer Program work experience. 1. Worksites to which youth are assigned shall be sanitary and safe. in. City shall allow representatives of CSBD and the Children's Services Council, which is one of the grantor agencies providing the funds for the youths' wages, to visit worksites for the purpose of monitoring the Summer Program. n. CSBD shall maintain the records and files, containing, but not limited to, timesheets, attendance records, supervisor and work assignments relating to the Summer Program work experience and shall make them available to -City upon request. 4 RESOLUTION 92021-190 2. NEGLIGENCE, HOLD HARMLESS, INDEMNIFICATION. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by either party nor shall anything included in this Agreement be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. Both parties are state agencies or political subdivisions as defined in Chapter 768.28, Florida Statutes, and agree to be fully responsible for the acts and omissions of their respective agents or employees to the extent permitted by law. 3. INSURANCE. CSBD will provide Workers' Compensation Insurance for all youth participating in the Summer Program work experience. City's Risk Manager shall approve all Certificates of Insurance no later than thirty (30) days prior to the beginning of the Summer Program. CSBD shall inform City immediately should an accident or injury occur at the job site involving a participant. 4. NON-DISCRIMINATION. A. City and CSBD shall comply with the prohibitions against discrimination, the Age Discrimination Act of 1975, as amended, section 504 of the Rehabilitation Act, Title IX of the Education Amendment 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 the Americans with Disabilities Act of 1990, as amended. City and CSBD shall not discriminate against any employee or applicant for employment because of race, age, religion, color, gender, sexual orientation (Broward County Code of Ordinances, Chapter 16112), national origin, marital status, political affiliation, or physical or mental disability. B. CSBD shall not, in any of its activities, including employment, discriminate against any individual on the basis of race, color, national origin, religion, creed, sex, disability, sexual orientation, gender, gender identity, gender expression, or marital status. 5. NOTICE. Whenever either party desires to give notice to the other, it shall be given by hand delivery or written notice, sent certified by U.S. Mail, return receipt requested, addressed to the party to whom it is intended, at the places specified below, and the places for giving notice shall remain such until they are changed by written notice in compliance with this subsection. For the present, the parties designate the following as respective recipients' places for giving notice: 5 RESOLUTION #2021-190 FOR CAREERSOURCE BROWARD: CAREERSOURCE BROWARD 2890 W. Cypress Creek Road Fort Lauderdale, FL 33309 FOR CITY: Ana M. Garcia, ICMA-CM, City Manager City of Dania Beach 100 West Dania Beach Boulevard Dania Beach. FL 33304 WITH A COPY TO: City Attorney City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, Florida 33304 6. TERMINATION. a. This Agreement may be terminated by either party for convenience upon fifteen (15) days' prior to written notice to the other party. Notice of termination shall be provided in accordance with the NOTICE section of this Agreement. b. CSBD may terminate this Agreement at any time that CSBD President/CEO determines that City has failed to comply with any of the provisions contained in this Agreement or City has failed to take corrective action after receiving oral or written requests to do so within an appropriate time, provided, however, that City shall be afforded a reasonable time within which to take corrective action . 7 GOVERNING LAW. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for any litigation or administrative proceedings concerning this Agreement shall be in Broward County, Florida. The parties each waive trial by jury to any dispute or matter. 6 RESOLUTION #2021-190 8. ENTIRE AGREEMENT. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understanding applicable to the matter contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement, that are not contained in this document. It is further agreed that no modification, amendment or alteration in the terms and conditions contained in this Agreement shall be effective unless contained in a written document executed by the City and CSBD. 9. SEVERABILITY. If any provision of this Agreement or the application of any provision to any party or circumstance shall be prohibited by or invalid under applicable law, the provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remaining provisions of the Agreement or their application to other parties or circumstances. 10. WAIVER. The City's waiver or breach of any term, condition, or covenant of this Agreement shall not constitute the waiver or breach of the same or any other term, condition, or covenant of this Agreement. 11. COMPLIANCE WITH LAWS. In the performance of the services contemplated under this Agreement, the parties shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, ordinances, orders, codes, criteria and standards. 12. SCRUTINIZED COMPANIES. CSBD certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), and that it is not engaged in a boycott of Israel. The City may terminate this Agreement at the City's option if CSBD is found to have submitted a false certification as provided under subsection (5) of section 287.135, Florida Statutes (2018), as may be amended or revised, or been placed on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes (2018), as may be amended or revised, or is engaged in a boycott of Israel. 7 RESOLUTION #2021-190 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. ATTEST: THOMAS SCHNEIDER, CMC CITY CLERK APPROVED FOR FORM AND CORRECTNESS: CITY ATTORNEY CITY: CITY OF DANIA BEACH, FLORIDA a Florida Municipal Corporation TAMARA JAMES MAYOR ANA M. GARCIA, ICMA-CM CITY MANAGER Dated: , 202 8 RESOLUTION #2021-190 WITNESSES: SIGNATURE PRINT Name SIGNATURE PRINT Name STATE OF FLORIDA COUNTY OF BROWARD CAREERSOURCE BROWARD, the Administrative entity and fiscal agent for CareerSource Broward Council of Elected Officials SIGNATURE PRINT Name Title The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, on known to me or produced take an oath. My Commission Expires: 202_, by , as of CareerSource Broward, on behalf of the entity. He/she is personally as identification and did (did not) NOTARY PUBLIC State of Florida 9 RESOLUTION #2021-190