HomeMy Public PortalAboutResolution No. 23-052 - Summer Youth Jobs ProgramSponsored by: Mayor Taylor
Co -sponsored by: Vice Mayor Ervin, Commissioner Bass, Commissioner Kelley and
Commissioner Williams
RESOLUTION NO. 23-052
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, DIRECTING THE CITY MANAGER TO
ALLOCATE FIFTY THOUSAND DOLLARS ($50,000.00) FOR
IMPLEMENTATION OF A SUMMER YOUTH JOBS PROGRAM
WITH SOUTH FLORIDA WORKFORCE INVESTMENT BOARD,
PURSUANT TO THE TERMS AND CONDITIONS SET FORTH IN
EXHIBIT "A"; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is the desire of the City of Opa-Locka ("City") to create as many
summer jobs as possible for City of Opa-Locka youth; and
WHEREAS, on March 8, 2023, the City Commission approved Resolution No. 23-
027 directing the Interim City Manager to ensure the timely implementation of a City
summer youth jobs program in an amount not to exceed $50,000.00; and
WHEREAS, Resolution 23-027 allowed for implementation of a City program
following a plan presented to the City Commission or for the City to work with an outside
agency for implementation of a summer youth jobs program; and
WHEREAS, the City Commission desires to enter into an agreement with
the South Florida Workforce Investment Board for implementation of a Summer
Youth Jobs Program consistent with the Agreement attached hereto as Exhibit "A"
for the provision of a Summer Youth Jobs Program from June 12, 2023 through August
11, 2023,
NOW THEREFORE, BE IT RESOLVED BY 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 of the City of Opa-Locka hereby directs the Interim City Manager
to allocate Fifty Thousand Dollars ($50,000.00) for a Summer Youth Jobs Program with
the South Florida Workforce Investment Board, pursuant to the terms and conditions
Resolution No. 23-052
set forth in Exhibit "A" hereto.
SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or
re -lettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, following review by the City Attorney, without the need
for public hearing, by filing a corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon the adoption and
is subject to the approval of the Governor or Governor's Designee.
PASSED and ADOPTED this 10th day of May, 2023.
ATTEST:
J ,: nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
HBurnadette orris -Weeks, P.A.
City Attorney
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
2
City of Opa-locka
Agenda Cover Memo
City
Manager:
Darvin Williams
CM Signature:
A., Etki---4.--,
finance
Other
Commission
Meeting
Date:
04.26.2023
Item Type:
(EnterXin box)
Resolution
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading.
(Enter X in box)
1st Reading
2nd Reading
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
19-519312
Advertising Requirement:
(EnterXin box)
Yes
No
x
Contract/P.O.
Required:
(EnterX in box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority Area:
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
Enhance Organizational •
Bus. & Economic Dev III
Public Safety
Quality of Education •
Qual. of Life & City Image �
Communication •
Sponsor
Name
Mayor Taylor
Department:
City Commission
Short Title:
A resolution authorizing the Interim City Manager to enter into an agreement with CareerSource South Florida
to assist in facilitating the City's Summer Youth Employment Program.
Staff Summary:
History: On May 14, 2014, the City Commission approved Resolution No. 14-8801 to implement a summer
youth job program.
On May 27, 2015, the City Commission approved Resolution No. 15-9004 to support the program and allocated
$15,000 to fulfill the commitment.
On March 8, 2023, the City Commission approved Resolution No. 23-027 with a desire to implement a youth
employment program in an amount not to exceed $50,000 to be performed by the City or an outside agency.
Current Activity: The City and CareerSource South Florida will collaboratively facilitate a Youth Summer
Program. Each organization will contribute $ 50,000 for a total of $100,000. The program shall employ thirty-
eight (38) randomly selected youth that reside in the City of Opa-locka. The youth will complete 120 hours on
a worksite and 20 hours of pre -employment skills within an 8 -week period to commence in June.
Financial Impact - The FY 23 budget includes $50,000 for this program in Other Professional Services - 19-
519312.
Proposed Action:
Staff recommends the City Commission approve the legislation authorizing the Interim City Manager to enter
into an agreement with CareerSource South Florida to aid in the City's Sumer Youth Employment Program.
Attachment:
Agreement between CareerSource and City of Opa-locka
Sunbiz Division of Corporation Document
Resolution No. 23-027
3yorg
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Fictitious Name
CAREERSOURCE SOUTH FLORIDA
Filing Information
Registration Number G13000089842
Status ACTIVE
Filed Date 09/11/2013
Expiration Date 12/31/2023
Current Owners 1
County MIAMI-DADE
Total Pages 2
Events Filed 1
FEI/EIN Number 20-4957175
Mailing Address
7300 CORPORATE CENTER DR., STE 500
MIAMI, FL 331261234
Owner Information
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD
7300 CORPORATE CENTER DR., STE 500
MIAMI, FL 331261234
FEI/EIN Number: 20-4957175
Document Number: NONE
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09/11/2013 -- REGISTRATION
03/20/2018 -- RENEWAL
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Sponsored by: Mayor Taylor
RESOLUTION NO. 23-027
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, DIRECTING THE INTERIM CITY
MANAGER TO ENSURE THE TIMELY IMPLEMENTATION OF A
CITY SUMMER YOUTH JOBS PROGRAM FOR AN AMOUNT NOT
TO EXCEED FIFTY THOUSAND DOLLARS ($50,000) FOLLOWING
CITY COMMISSION APPROVAL OF A PLAN; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-Locka ("City") desires to ensure the timely
implementation of a summer youth jobs program; and
WHEREAS, on May 14, 2014, the City Commission of the City of Opa-Locka
approved Resolution No. 14-8801 to implement a summer jobs hiring program; and
WHEREAS, on May 27, 2015, the City Commission approved Resolution No. 15-
9004 to support the City's Summer Youth Jobs Program and allocated Fifteen Thousand
Dollars ($15,000.00) to fulfill the commitment; and
WHEREAS, the City Commission now desires to implement a program in an
amount not to exceed Fifty Thousand Dollars ($50,000.00) following City Commission
approval of a plan to be presented to the City Commission within thirty (30) days from
the passage of this Resolution; and
WHEREAS, the City Commission finds that it is the best interests of the City to
direct the Interim City Manager to take all necessary actions to ensure the timely
implementation of a City summer youth jobs program to be performed by the City
or an outside agency.
NOW THEREFORE, BE IT RESOLVED BY 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 directs the Interim City Manager to ensure the
timely implementation of a City Summer Youth Jobs Program to be performed
by the City in an amount not to exceed Fifty Thousand Dollars ($50,000.00),
following City Commission approval of a plan to be presented to the City
Resolution No. 23-027
Commission within thirty (30) days from the passage of this Resolution. The City
Manager is directed to bring back a plan that outlines the specifics of the City
Summer Youth Jobs Program. If a contract is necessary for the Program, the
contract should be in a form approved by the City Attorney.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors, which do not affect the intent of this Resolution may be
authorized by the Interim City Manager, following review by the City Attorney,
without need of public hearing, by filing a corrected copy of same with the City
Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval
of the Governor or Governor's Designee.
PASSED and ADOPTED this 8th day of March, 202
John Taylor, Mayor
TEST:
o"-nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burn . Iette ' orris -W: -ks, P.A.
City ktt• rney
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
2
Resolution No. 23-027
VOTE: 5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
City of Opa-locka
City
Darvin Williams
CM Signature: (toteCommissionManager:
Meeting
Date:
03.08.2023
Item Type:
(EnterXin box)
Resolution
nance
Other
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading.
(EnterXin box)
1st Reading
2nd Reading
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
R
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex:
Advertising Requirement:
(EnterXin box)
Yes
No
R
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
Not
Now
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority Area:
Enhance Organizational p
Bus. & Economic Dev P
Public Safety 0
Quality of Education •
Qual. of Life & City Image MI
Communication O
Strategic Plan 04/Strategy:
(list the specijicobjective/strategy this
item will address)
%
Sponsor
Name
Mayor Taylor
Department:
City Commission
Short Title:
A resolution of the City Commission of the City of Opa-locka directing the Interim City Manager to take the
necessary actions to ensure the timely implementation of a summer youth job program.
Staff Summary:
History; On May 14, 2014 the City Commission approved Resolution No. 14-8801 to implement a summer job
hiring program.
On May 27, 2015 the City Commission approved Resolution No. 15-9004 to support the City's Summer Youth
Jobs Program and allocated $15,000 to fulfill the commitment.
Last year the city also conducted a summer youth internship program within the City government under the
sponsorship of the County Student Youth Internship Program (SYIP) to provide local students with an
opportunity to gain exposure to what is expected of an employee in the workplace as well as to obtain insight
as to functioning of a city government.
Current Activity: For this fiscal year, it is recommended that the City's objective be to both continue for
another summer the County -sponsored Student Youth Internship Program for local students as well as to
enter into agreements with other agencies and entities to establish a summer youth job program.
Financial Impact - The FY 23 adopted budget includes $50,000 in Non -Department Other Professional
Services (19-519312) for a summer youth job program. Those students participating in the County Student
Youth Internship Program receive compensation from the County.
Proposed Action:
Staff recommends the City Commission approve the legislation directing the Interim City Manager to take the
necessary actions to ensure the timely implementation of a summer youth job program.
Attachment:
Resolution No. 14-8801
Resolution No. 15-9004
Sponsored by: Vice Mayor Kelley
Resolution No. 14-8801
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA LOCICA, FLORIDA, DIRECTING THE CITY
MANAGER, WITH ADVICE FROM THE CITY ATTORNEY,
TO IMPLEMENT A SUMMER JOB HIRING PROGRAM;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka is interested in creating
summer job opportunities for the residents of the City of Opa-locka; and
WHEREAS, the City Commission of the City of Opa-locka desires the City Manager, with
advice from the City Attorney, to investigate and find a means of implementing a Summer Job
Hiring Program; and
WHEREAS, the desired summer jobs are to be performed, where possible, by qualified
City residents, selected in an equitable fashion.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA:
Section 1. The recitals to the preamble hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby directs and authorizes the
City Manager, with advice from the City Attorney, to investigate and find a solution to implement a
Summer Job Hiring Program, for qualified City residents, selected in an equitable fashion.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 14th DAY OF M .. 2014. �1
MAYOR
OR
Resolution No, 14-8801
Attest to:
Ja Flores
ty Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Santiago:
Vice -Mayor Kelley:
Mayor Taylor:
Ap'roved a; to form and l- ,sufficiency:
Jo
G_
ph S Geller
EN POON MARDER PA
y Attorney
COMMISSIONER JOHNSON
VICE MAYOR KELLEY
4-0
OUT OF ROOM
YES
YES
YES
YES
Sponsored by: Commissioner Joseph Kelley
RESOLUTION NO. 15-9004
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OPA-LOCAA, FLORIDA, DIRECTING THE CITY
MANAGER TO SUPPORT THE CITY OF OPA-LOCKA'S
SUMMER YOUTH JOBS PROGRAM AND LOCATE $15,000
OF FUNDS TO FULFILL THIS COMMITTMENT;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Opa-Iocka has a Summer Youth Jobs Program; and
WHEREAS, It is the desire of the City to create as many summer jobs for the
City's youth as reasonably practicable.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY
COMMISSION FOR THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The Manager is hereby directed to support the City's Summer
Youth Jobs Program with a $15,000.00 commitment and to locate funds
sufficient to fulfill this commitment.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27th day of Mix, 2015.
My aylor
Mayor
Resolution No. 15-9004
Attest to:
a Flores
City Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago:
Vice -Mayor Holmes:
May Taylor:
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
COMMISSIONER SANTIAGO
COMMISSIONER KELLEY
4-1
YES
YES
YES
NO
YES
City of Opa-Locka
YOUTH EMPLOYMENT PROGRAM
FUNDING AGREEMENT
This AGREEMENT ("Agreement") is entered into this "X" day of June 2023 between the CITY OF
Opa-Locka (the "CITY"), having an address of 780 Fisherman Street, 4th Floor, Opa-Locka, FL 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 the City of Opa-Locka
between the ages of 15 and 18 ("Youth"), and
WHEREAS, businesses that participate in the Program will be located within the City of Opa-Locka
("Businesses"),
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements
herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged,
the parties hereto agree as follows:
1. TERM. This Agreement shall be effective for a term which commences on June 12, 2023 and ends
on August 11, 2023, irrespective of the date of execution, unless terminated earlier pursuant to this
Agreement. The parties agree to comply with the terms of the Agreement, as long as all services
are rendered within the term of this Agreement.
2. DUTIES AND RESPONSIBILITIES.
A. Duties of the CITY.
1. The CITY shall pay the SFWIB up to fifty thousand dollars ($50,000) to fund the
Program. One of the SFWIB's youth service providers will deliver services to eligible
youth ages 15 -18 years of age, which include, but are not limited to, intake, eligibility
determination, work readiness and referral to work sites.
2. The CITY shall only pay the SFWIB upon receipt and approval of documentation that
provides the identity of eligible youth participating in the Program, hourly wage paid to
the said youth and the 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 pay 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. The CITY reserves the right to seek repayment of any funds that are not used by the
SFWIB to fund the Program as set forth herein.
Page 1 of 9
7. It is understood and agreed between the parties hereto that the City of Opa-Locka
Summer Youth Program is funded by City of Opa-Locka and SFWIB. The total cost for
all Participants served during this program shall be paid by each party in equal amounts.
B. Duties of the SFWIB.
The SFWIB, through its contracted youth service provider, shall:
1. Provide matching funds of up to fifty thousand dollars ($50,000) to be paid towards
participant costs.
2. Register City of Opa-Locka youth residents ages 15-18 into the Program.
3. Recruit and engage businesses in the City of Opa-Locka to participate in the City of Opa
Locka Summer Youth Employment Program.
4. Collect documentation and maintain data about Program participants as proof of
Program eligibility.
5. 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 Opa-Locka. All youth will be paid $13.88 per hour (no overtime permitted).
6. Provide a detailed report to the CITY that identifies the businesses and youth
participating in the Program no later than December 31, 2023.
7. Provide a detailed cost reimbursement invoice to the CITY that specifies how CITY
funding was expended.
8. Monitor Program activity and performance of the businesses and report Program activity
and performance to the CITY.
9. 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. Such
documentation consists of a utility bill (water, cable, FPL, 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 or other supporting
documents that may be used to determine residency, income, age, and citizenship.
10. Seek to ensure the safety of all youth who participate in the Program.
11. It is understood and agreed between the parties hereto that the City of Opa-Locka
Summer Youth Program is funded by City of Opa-Locka and SFWIB. The total cost for
all Participants served during this program shall be paid by each party in equal amounts.
12. 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.
13. Ensure that appropriate federal forms are completed and pay any and all taxes and Social
Security payments that may be due and owing.
Page 2 of 9
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
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, 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 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, 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 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, during 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.
Page 3 of 9
5. MAINTENANCE OF RECORDS.
A. The 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 of this Agreement.
B. The 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 and SFWIB may for convenience and without cause, terminate this Agreement by giving
the other party written notice at least thirty (30) days prior to the effective date of the termination.
Should the CITY determine that the SFWIB breached any provision of this Agreement, the CITY
may terminate this Agreement, for cause, immediately and without prior notice to the SFWIB.
Should the CITY terminate this Agreement for cause, the CITY shall provide notice as soon as
possible to the SFWIB.
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 pay 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. Notwithstanding the above, if the CITY terminates
this Agreement for cause and requires the SFWIB to maintain services during any period of
transition to another person or entity, the CITY shall pay the SFWIB for all costs incurred during
such transition period.
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.
Page 4 of 9
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
South Florida Workforce Investment Board
The Landing at MIA
7300 Corporate Center Drive, Suite 500
Miami, Florida 33126-1234
FOR THE CITY OF OPA-LOCKA:
John H. Taylor, Jr.
The City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
9. PUBLIC RECORDS.
The SFWIB shall allow public access to all documents, papers, letters, or other materials subject
to the provisions of Chapter 119, Florida Statutes, made or received by the SFWIB in connection
with this Agreement, except that public records which are made exempt and/or confidential from
public records disclosure by law must be protected from disclosure and includes, but is not limited
to, criminal history information derived from the U.S. Department of Justice.
Pursuant to section 119.0701 of the Florida Statutes, the SFWIB shall:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service;
(b) Upon request from the CITY's custodian of public records, provide the CITY with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in this
chapter or as otherwise provided by law;
(c) Ensure that public records that are exempt or confidential from public records
disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the
SFWIB does not transfer the records to the CITY; and
(d) Meet all requirements for retaining public records and transfer to the City, at no
cost to the City, all public records created, received, maintained and/or directly
related to the performance of this Agreement that are in possession of the
SFWIB upon termination of this Agreement. Upon termination of this
Agreement, the SFWIB shall destroy any duplicate public records that are
Page 5 of 9
exempt and/or confidential from public records disclosure requirements. All
records stored electronically must be provided to the SFWIB in a format that is
compatible with the SFWIB's information technology systems.
For purposes of this Article, the term "public records" shall mean all documents,
papers,_ letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to law or
ordinance or in connection with the transaction of the SFWIB's official business.
IF THE SFWIB 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 AT
(305) 953-2800, iflores(c�opalockafl.gov, 780 FISHERMAN STREET, OPA-
LOCKA, FL 33054.
10. MISCELLANEOUS.
General Provisions
A. The Parties shall comply with all laws, statutes, ordinances, rules, and regulations of the
United States, the state of Florida, Miami -Dade County, the City of Opa-Locka, 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
rights and remedies hereunder provided, have all rights and remedies available in law or in
equity.
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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, warrant 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.
I. There are no third party beneficiaries, intended or unintended, to this Agreement.
J. In the event of acts of God, terrorism or other force majeure, the SFWIB and the CITY shall
be relieved of responsibilities under this Agreement and the SFWIB shall retain all monies
received in connection with and paid for services performed under this Agreement, through
the date of the occurrence of acts of God, terrorism or other force majeure.
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 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 liberally 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 attorneys' 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 shall comply with all applicable state, federal and local laws,
including, but not limited to, 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.
The CITY and the SFWIB assure that they do not, and will not discriminate against any youth
because of or on the basis of gender, race, color, religion, ancestry, national origin, sex,
pregnancy, political beliefs, marital status, familial status, age, sexual orientation, social and
family background, linguistic preference, disability, gender identity or expression, or status as
a victim of domestic violence, dating violence or stalking.
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P. This Agreement sets forth the full and complete understanding of the Parties as of "X", 2023,
and supersedes any and all negotiations, agreements, and representations made or dated
prior to this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year
as first stated above.
City of Opa-Locka, Inc. SOUTH FLORIDA WORKFORCE INVESTMENT
BOARD
By: By:
Name John H. Taylor, Jr. Rick Beasley
Title Mayor Executive Director
ATTEST:
Address: 7300 Corporate Center Drive, Suite 500
City, State Zip: 33126-1234
By:
Name
Title
Phone Number: (305) 929-1501
E-mail: rick. beasleytc7i careersourcesfl.com
Approved as to Legal form: South Florida Workforce Investment Board
Business Name (if applicable)
By: 20-4957175
Name
City Attorney
Tax Id #
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