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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 Previous on List Next on List Return to List I_» ,,,IJI')' ir i fJ'. r; r� r; , Fictitious Name Search Filing History Submit Fictitious Name Detail 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 Document Images 09/11/2013 -- REGISTRATION 03/20/2018 -- RENEWAL View image in PDF format View image in PDF format Previous on List Next on List Return to List Filing History Fictitious Name Search Submit 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. Page 6 of 9 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. Page 7 of 9 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. Page 8 of 9 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 # Page 9 of 9