Loading...
HomeMy Public PortalAbout19-9659 Agreement w_ South Florida Work Force for Summer Youth EmploymentSponsored by: City Manager RESOLUTION NO. 19-9659 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT EXHIBIT "A") WITH SOUTH FLORIDA WORKFORCE INVESTMENT BOARD FOR SUMMER YOUTH EMPLOYMENT PROGRAM (SYEP); AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE AGREEMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City desires to expand the Summer Youth employment opportunities for the resident-youth of the City of Opa-locka; and WHEREAS, South Florida Workforce Investment Board (Career Source Florida) desires to partner with the City to implement a Summer Youth Employment Program; and WHEREAS, the City Commission believes that it is in the City's best interest to enter into an agreement (EXHIBIT "A") with the South Florida Workforce Investment Board for a Summer Youth Employment Program. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION. The City Commission hereby authorizes the City Manager enter into an agreement (EXHIBIT "A") with the South Florida Workforce Investment Board for a Summer Youth Employment Program; and authorizes the City Manager to execute all documents necessary to effectuate the agreement. Resolution No. 19-9659 Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typo graphical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public he aring, by filing a corrected copy of same with the City Clerk. Section 4 EFFECTIVE DATE. This resolution shall take effect immediately upon adoption, and is subject to the approval of the Governor or his designee PASSED AND ADOPTED this 15th dayof May, 2019. Matthew A. Pigatt Mayor Attest to: Approved as to form and legal sufficiency: Moved by: Seconded by: Commissioner Vote: Commissioner Kelley: Commissioner Burke: Commissioner Bass: Vice Mayor Davis: Mayor Pigatt: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney COMMISSIONER KELLEY COMMISSIONER BURKE 5-0YESYESYESYESYES City of Opa-Locka Agenda Cover Memo City Newall J. Daughtrey CM Signature: Manager: Commission 04.24.19 Item Type: Resolution Or diia Meeting X Date:EnterX in box) Fiscal Ordinance Reading: 1d Reading 2a+Reading Impact: Yes No (Enter X in box) Enter X in box) x Public Hearing: Yes No Yes No Enter X in box) X X Enter Fund& Advertising Requirement: Yes No Funding Dept) Enter X in box) Source: Ex: Account#: Contract/P.O. Yes No RFP/RFQ/Bid#: Required: Enter X in box) Strategic Yes Me Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Plan Related Enhance Organizational Q list the specific objective/strategy this Enter X in box) X Bus.&Economic Dev I] item will address) Public Safety Quality of Education Quad.of Life&City Image EN Communcation p Sponsor City Manager Department: City Manager Name S art Tim A resolution authorizing the City Manager to enter into an agreement with South Florida Workforce Investment Board for summer youth employment to the City of Opa-locka. Staff Summary: The South Florida Workforce Investment Board recommended to the Board the approval to accept up to 50,000 funds from CareerSource Florida for a Summer Youth Employment Program for the City of Opa-locka Summer Youth Program. It is in the best interest of the City to enter into the agreement to employ the youth of the City. Proposed Action: Staff recommends approval. Attachment Draft Agreement South Florida Workforce Investment Board Executive Committee Agenda Item EDEt3LA\fiT City of Opa-Locka SUMMER YOUTH EMPLOYMENT PROGRAM FUNDING AGREEMENT This AGREEMENT("Agreement")is entered into this 9th day of May 2019 between the CITY OF r-- , end(ran Please revise date. the "CITY"), having an address of 780 Fisherman St., 4th Floor, - Florida 33054, and the SOUTH FLORIDA WORKFORCE INVESTMENT BOARD(the SFWIB") having an address of 7300 Corporate Center Drive Suite 500, Miami, FL 33126 (Collectively referred to as the"Parties"). WHEREAS,the City Council authorized the CITY to partner with the SFWIB to provide funding for a Summer Youth Employment Program("Program"),and WHEREAS, students who participate in the Program will be residents of between the ages of 15 and 18("Youth"),and WHEREAS, businesses that participate in the Program must be located within the City of Businesses"), NOW.THEREFORE,in consideration of the premises and the mutts*covenantseenants and agents herein contained,andothergood and valuable consideration,the receipt of which is hereby adrnowledged, the parties hereto agree as follows: 1. TERM. This Agreement shall be effective for a term which commences on May 9,2019 and ends Commented[ax]:See comment above on August 11,2019,irrespective of the date of execution,unless terminated earlier pursuant to this Agreement.The parties agree b comply with the terms of the Agreement,as long as all services am rendered within the term of this Agreement 2. DUTIES AND RESPONSIBILITIES. A. Dallies of the CITY. 1. The CITY shall pay the SFWIB up to 50,000.00 to fund the ronn.md:Font:Bold Program. One of the SFWIB's youth service providers will deliver services to eligibleieid Ind]:Are we specifying who this person may be? youth ages 15-18 years of age,which include, but are not limited to, intake, eligibility Are we specifying requirements for their participation?Should the determination,work readiness and referral to work sites be required to pass a background check since they will be wonting with children? 2. The CITY shall only pay the SFWIB upon receipt and approval of documentation that Formatted:Highlight provides the identity of eligible youth participating in the Program. hourly wage paid to Formatted:Highlight the said youth and number of hours the youth worked. 3 The CITY shall have no obligation to pay any monies unless it receives all required documentation.The CITY shall make payment to the SFWIB within thirty(30)days of receiving the required documentation 4 The CITY shall only pay the SFWIB for the hours youth attended in work skills training and hours worked at various worksites. 5. In no event shall any of the youth who participate in the Program be deemed employees of the CITY or the SFWIB 6. Any funds that are not used by the SFWIB to fund the Program as set forth herein shall be repaid to the City. Page 1 of 8 B. Duties of the SFWIB. The SFWIB,through its contracted youth service provider.shall: 1. Register City of youth residents ages 15-18 into the City of Summer Employment Program. 2. Recruit and engage businesses in the City of --- to participate in the summer youth employment Program. 3 Collect documentation and maintain data about Program participants as proof of Program eligibility 4. Provide 140 hours of paid work experience,which includes 20 hours of Pre-Employment Work Readiness Training,to all youth participants working with local businesses in the City of All youth will be paid $9.00 per hour (no overtime permitted). 5. Provide matching funds of up to$100,000.00 to be paid towards participant costs. 6 Provide a detailed report to the CITY that identifies the businesses and youth participating in the Program no later than September 30,2019. 7 Provide a detailed cost reimbursement invoice to the CITY showing how all money contributed by the CITY has been used. 8. Seek to ensure that youth who participate in the Program are properly compensated and that it and all businesses comply with all local, state and federal employment regulations. 9. Monitor Program activity and performance of the businesses and report Program activity and performance to the CITY 10. Maintain appropriate documentation such as proof of residency, U.S. citizenship/ authorization to work in U.S, and proof of age all participants in the Program. The required documentation consists of a utility bill(water, cable, FPS,telephone)current lease agreement,voters registration card,health insurance card,current State of Florida issued ID!driver license,school picture ID,current State of Florida vehicle registration, current U.S.issued passport,birth certificate,social security card and other supporting documents to determine residency,income,age,and citizenship on case by case basis. 11 Seek to ensure the safety of all youth who participate in the Program 12 Ensure that appropriate federal forms are completed and pay any and all taxes and Social Security payments that may be due and owing. 3. INDEMNITY. The SFWIB shall indemnify and hold harmless the CITY,its officers,employees,agents,servants, agencies and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense,which the CITY and its officers,employees,agents,servants,agencies or instrumentalities may incur as a result of any and all claims,demands,suits,causes of action or proceedings of any kind or nature arising out of,relating to or resulting from the performance of this Page 2 of 8 1:1p r[ r Agreement by the SFWIB or the SFWIB's officers,employees,agents,or servants. The SFWIB shall pay all claims and losses of any kind in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the CITY,where applicable,including appellate proceedings, and shall pay all costs,judgments, and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of section 768.28 Florida Statutes,subject to the provisions of that statute whereby the SFWIB shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of 200,000.00 ,or any claim or judgment or portions thereof,which,when totaled with all other claims or judgments paid by the SFWIB arising out of the same incident or occurrence which exceeds the sum of 300,000.00 from any and all personal injury or property damage claims, liabilities,losses or causes of action which may arise as a result of the negligence of the SFWIB or the SFWIB's officers,employees,or servants. The CITY shall indemnify and hold harmless the SFWIB,its officers,employees,agents,servants. agencies and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the SFWIB and its officers, employees, agents, servants, agencies or instrumentalities may incur as a result of any and all claims,demands,suits,causes of action or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or the CITY'S officers, employees, agents, or servants. The CITY shall pay all claims and losses of any kind in connection therewith and shall investigate and defend all claims,suits or actions of any kind or nature in the name of the SFWIB, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provided,however,this indemnification shall only be to the extent and within the limitations of section 768.28 Florida Statutes,subject to the provisions of that statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of$200,000.00, or any claim or judgment or portions thereof,which,when totaled with all other claims or judgments paid by the CITY arising out of the same incident or occurrence which exceeds the sum of$300,000.00 from any and all personal injury or property damage claims,liabilities,losses or causes of action which may arise as a result of the negligence of the CITY or the CITY'S officers,employees,or servants. 4. INSURANCE. The SFWIB shall provide and maintain general liability insurance coverage,for personal injury and property damage in the minimum amount of One Million Dollars($1,000,000.00)combined single limit. The SFWIB shall also be required to provide and maintain, dunng the life of the Agreement, comprehensive automobile liability insurance coverage for bodily injury and property damage in the minimum amount of Five Hundred Thousand Dollars($500,000.00)combined single limit. The SFWIB shall also provide the CITY with proof that the SFWIB has workers' compensation insurance in an amount,which satisfies the requirements of Florida Law.for any employee of the SFWIB, 5. MAINTENANCE OF RECORDS. A. All parties shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement including supporting documentation for any service rates,expenses,researching or reports Such records shall be maintained and made available for inspection for a period of five(5)years from the expiration or termination date of this Agreement. Page 3 of 8 crnzirtr B. All parties and their designated agents shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this Agreement. C. In the event that any party should become involved in a legal dispute with a third party arising from performance under this Agreement, the other party shall extend the period of maintenance for all records relating to this Agreement until the final disposition of the legal dispute,and all such records shall be made readily available to said party. 6. TERMINATION. The CITY may for its convenience and without cause, terminate this Agreement by giving the SFWIB written notice at least thirty(30)days prior to the effective date of the termination. The CITY may terminate this Agreement for cause immediately and without prior notice to the SFWIB should the CITY determine that the SFWIB has breached any provision of this Agreement. Should the CITY terminate this Agreement for cause, the CITY shall provide notice as soon as possible to the SFWIB. The SFWIB may terminate this Agreement by giving the CITY written notice at least thirty(30)days prior to the effective date of termination. In the event of termination or expiration of this Agreement,the SFWIB and the CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from the SFWIB to the CITY or to any other person or entity the CITY may designate, and to maintain during such period of transition the same services provided to the CITY pursuant to the terms of this Agreement, the SFWIB will take all reasonable and necessary actions to transfer all of the CITY'S records,etc.and data in its possession,in an orderly fashion,to either the CITY or its designee in a hard copy and computer format. If either party terminates this Agreement, the CITY shall only be responsible for payment for services provided through the date of termination,based upon documentation provided to the CITY by the SFWIB and approved by the CITY The SFWIB has thirty (30) days after the date of termination to provide the CITY with all necessary documentation for said payment. 7. INDEPENDENT CONTRACTOR. The SFWIB is an independent contractor. No party is an employee or agent of any other party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent contractors between the SFWIB and the CITY. or between their respective employees,agents.subcontractors, partners, or assigns,during or after the performance of this Agreement. 8. NOTICE. Notice shall be deemed given when personally delivered, faxed with a fax return or seventy-two (72) hours after deposit in the United States mail postage prepaid. return receipt requested,addressed as follows: FOR SOUTH FLORIDA WORKFORCE INVESTMENT BOARD: Rick Beasley, Executive Director Page 4 of 8 D1-J3L3FF South Florida Workforce Investment Board The Landing at MIA 7300 Corporate Center Drive,Suite 500 Miami,Florida 33126-1234 FOR CITY: Newell J.Daughtrey,Acting City Manager City of 780 Fisherman Street,4th Floor Florida 33054 With a copy to: Joanna Flores,City Clerk/Supervisor of Elections City of 780 Fisherman Street,4th Floor Florida 33054 Cmawnr_Egd(m43:Should a copy also go to the City Attorney? 9. PUBLIC RECORDS. Page 5 of 8 DC L:\ C IF = = =4 I HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SFWIB'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Joanna Flores, City Clerk/Supervisor of Elections City of;444 :,. _ 780 Fisherman Street,4th Floor ti Florida 33054 Phone: (305)688-4611 10. MISCELLANEOUS. General Provisions A. The SFWIB and CITY agree to comply with all laws, statutes, ordinances, rules, and regulations of the United States,the State of Florida, Miami-Dade County, the City of and any other governmental body with applicable jurisdiction. B. This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral statements,understandings,or agreements. C. This Agreement shall be interpreted and governed by Florida Law. Any actions, suits, or claims that may arise pursuant to this Agreement shall be brought and venue shall lie in Miami-Dade County,Florida. D. No consent or waiver,whether expressed or implied,by either party to this Agreement to,of or for any breach or default by the other party in performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to, of or for any other breach or default in performance by such other party of the same or any other obligation of such party hereunder. Failure on the part of either party to complain of any act or failure of the other party to this Agreement to declare the other party in default, irrespective of how long such failure continues.shall not constitute a waiver by such party of its rights hereunder. E. All rights, privileges and remedies afforded the parties by this Agreement shall be deemed cumulative and not exclusive. In the event of a breach of or other failure to perform as required under this Agreement, the party not breaching or defaulting shall, in addition to all Page 6 of 8 DE-13121TUr rights and remedies hereunder provided, have all rights and remedies available in law or in equity. F. If any term or provision of this Agreement, or the application thereof to any person or circumstance,shall to any extent be held invalid or unenforceable by a court of competent jurisdiction,such results shall not affect the other terms and provisions of this Agreement or applications thereof which can be given effect without the relevant term, provision, or application,and to this end the parties agree that the provisions of this Agreement are and shall be severable. G. The SFWIB and the individual executing this Agreement on behalf of the SFWIB,warrants to the CITY that the SFWIB possesses all of the required licenses and certificates of competency required by the State of Florida and Miami-Dade County to perform the work herein described. H. This Agreement does not establish a partnership,joint venture,agency,sales representative or employment relationship between the parties hereto. I. There are no third party beneficiaries,intended or unintended,to this Agreement. J. In the event of acts of God, terrorism or force majeure, the SFWIB and the CITY shall be relieved of responsibilities under this Agreement and the SFWIB will retain all monies received in connection with and be paid for services performed under this Agreement,through the date of the occurrence of the force majeure act. K. No statements,representations,warranties,either written or oral,from whatever source arising, except as expressly stated in this Agreement,shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. L. The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction. be construed more severely against one of the parties than the other. It is the parties'further intention that this Agreement be construed liberaly to achieve its intent. M. Should any dispute arise hereunder,the prevailing party shall be entitled to recover,against the non-prevailing party,all costs,expenses and attorneys fees incurred by the prevailing party in such dispute,whether or not suit be brought, and such right shall include all of such costs, expenses and attorney's fees through all appeals or other actions. N. The SFWIB shall keep all books,records and rosters in accordance with regularly accepted accounting procedures,and shall make those documents available to the CITY for inspection and audit at a location determined by the SFWIB and upon reasonable notice to the SFWIB. 0. The CITY and the SFWIB agree to comply with the Florida Minimum Wage laws, Title VI of the Civil Rights Act of 1964,Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act,the Americans with Disabilities Act,Chapter 11A of the Code of Miami-Dade County and related regulations,and assure that they do not,and will not discriminate against any youth because of or on the basis of gender, race, color, religion,ethnic or national origin,political beliefs, marital status, age, sexual orientation, social and family background, linguistic preference or disability. Page 7 of 8 EIG3L2PV P. This Agreement sets forth the full and complete understanding of the Parties as of May 9th, 2019, and supersedes any and all negotiations, agreements, and representations made or dated prior to this Agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed the day and year as first stated above. City of SOUTH FLORIDA WORKFORCE INVESTMENT BOARD By:By: Newall J. Daughtrey Rick Beasley Acting City Manager Executive Director ATTEST: Address:7300 Corporate Center Drive,Suite 500 City,State Zip:33126-1234 By: Joanna Flores Phone Number:j305)929-1501 City Clerk/Supervisor of Elections E-mail: rick.beasleyt careersourcesfl.com Approved as to Legal form:South Florida Workforce Investment Board Business Name(if applicable) By:20-4957175 City Attorney Tax Id* Joanna Flores.City Clerk/Supervisor of Elections Page 8 of 8 CareerSource 40, SOUTH FLORIDA SFWIB EXECUTIVE COMMITTEE DATE: 5'9r 2019 AGENDA ITEM NUMBER: 6 AGENDA ITEM SUBJECT: SUMMER YOUTH EMPLOYMENT PROGRAM FOR THE CITY OF OPA LOCKA AGENDA ITEM TYPE: APPROVAL RECOMMENDATION: SFWIB staff recommends to the Executive Committee to recommend to the Board the approval to accept up to $50,000 funds from CareerSource Florida for a Summer Youth Employment Program for the City of Opa Locka and allocate funds&contract with Adults Mankind Organization,Inc., as set forth below. STRATEGIC GOAL: DEDICATED COMMITMENT TO YOUTH PARTICIPATION STRATEGIC PROJECT: Emphasize work-based learning and training BACKGROUND: CareerSource Florida has agreed to enter into a partnership with the SFWIB to provide employment opportunities to up to 86 youth residents of the City of Opa Locka.The SFWIB will provide summer job opportunities for youth between the ages of 15 to 24.Youth enrolled in the program will also receive employability skills training. As part of the partnership. CareerSource Florida will provide up to 550,000 in workforce funding to the SFWIB toward the program. The SFWIB will provide 5100,000 in Temporary Assistance for Needy Families (TANF) funds. The total amount being allocated for the program is$150,000 for the SYEP.The program will provide entry- level positions with local businesses,public sector and community-based organizations to the City of Opa Locka's future workforce. The youth_.patticipants wilLeam$9.00.perhour for_a_total of 140 hour&,?OQfwhich will be work readiness training. Youth will also receive financial literacy training from Miami-Dade County Credit Union and information related to budgeting and investing. Adults Mankind Organization, Inc. will be responsible for administering the program, which includes payroll. recruitment,job placement, and work readiness training for the youth participants. The program is scheduled to take place beginning June 10, 2019 through August 1 1. 2019. FUNDING:City of Miami Gardens and Temporary Assistance for Needy Families(TANF} PERFORMANCE: NI,A 4 CITY OF OPA- LOCKA SUMMER YOUTH EMPLOYMENT PROGRAM CREATE THE st . r FUTURE... Inspire Our Youth and Build a Community. r: 'gent. 15-18 Come and get registered on our Mobile Unit Oor fully r:ir conditioned and handicap accessible Mobile Units are equipped with technological resources to serve you. DATES: LOCATION: TIME: sat _clav Helen Miller Center: 9 '30a 2 r;3Or-, Mdy IS 2019 2331 NW 143 ST = 'boa-LocKa =+_ 33054 Wednesday Sherbondy Village: May 22 2 r ; Ave r3Cl rr 5 030; , 20'9 5 Per. 0oa-Locka. PL. 33054 CareerSource South Florida (CSSF) will provide youth ages 15-18 the opportunity to enhance their work-readiness skills while earning an income. Allowing the young citizens in the City of Opa-Locka to contribute to the continued economic growth in South Florida. CareerSource South Florida will assist youth in obtaining entry level positions within the City of Opa-Locka, and local businesses with the goal of learning work-skills and to pursue the best jobs possible, while earning $ 9.00 an hour. You may qualify to participate if you are. To Bey stiJ' fOr the Between 15-18 years of age Homestead Summer Youth Employment Program go to https://iapps.careersourcesfl.com/syepol/ A U.S. citizen or eligible to work in the U.S. Dr can 305-594-7615 Live in the targeted 33054 zip code rii12[ F111 AmericJ bCenter tiO P"I.O Ch. I L n CITY OF OPA- LOCKA SUMMER YOUTH EMPLOYMENT PROGRAM f,'_ F c-p.=.- J J Alit ik_0: r I i v „,, z, 1, .i-iikek i li ii SII z d a;.` 5 18 CREATE THE FUTURE... Inspire Our Youth and Build a Community. BEGINS JUNE 10, 2019 AND ENDS AUGUST 11, 2019 The City of Opa-Locka and CareerSource South Florida t launches its Summer Youth Employment Program. The program will assist youth between the ages of 15-18 gain 5 an understanding about the workplace and appropriate "Ilk employment skills by linking them to employers for work experience and career advice. Through this initiative, eligible youth residing in Opa-Locka will earn $9.00 an hour for 140 hours to include 20 hours of NIP' Work Readiness Skills Training. To . ec stE" r0! 71c- ty of Opa-Locka Summer Youth Employment Program t - https://iapps.careersourcesfl.com/syepol/ o! Iii' 305-594-7615 j3/j\ TJ[Flir SOUTH Source Amer) aciAmer.--- 4.