R94-86RESOLUTION NO. R94-,¢~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BE'I'WEEN THE PALM
BEACH COUNTY PRIVATE INDUSTRY COUNCIL, INC.,
AND THE CITY OF BOYNTON BEACH, PROVIDING FOR
SUMMER EMPLOYMENT TO YOUNG PEOPLE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida deems
it to be in the best interests of the citizens and residents of the City to enter into an
Agreement with the Palm Beach County Private Industry Council, Inc., which will
provide work experience and training for local youth.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida hereby
authorizes and directs the Mayor and City Clerk to execute an Employer Worksite
Agreement for Work Experience Summer Youth Employment and Training Program
between the City of Boynton Beach, Florida and the Palm Beach County Private
Industry Council, Inc., a copy of which is attached hereto as Exhibit "A".
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this /~' day of May, 1994.
ATTEST:
CITY OF .BOYNT/QN BEA(~H, FLORIDA
Ma ~0,~ ..~///~,
C(t'y Clerk
c:Authorsig.res
PIC.Per
5/12/94
~,~eck one:
Positive Connections
Fast Break
Alternative Program (PBMI, PBYC, Camp Shalom)
Youth Services ~'
Agreement No.~R_%C~ 0/~
EMPLOYER
WORKSITE AGREEMENT .FOR WORK EXPERIENCE
SUMMER YOUTH EMPLOYMENT AlqD TRAINING PROGILAM
This agreement is made for Work Experience Project under Title IIB
of the Job Training Partnership Act (the "Act") between the Palm
Beach County Private Industry Council, Inc. (the "Private Industry
Council") , of 600 S. Dixie Highway, West Palm' Beach, Florida 33401,
Phone~(407) 659-5213, and
CITY OF BOYNTON BEACH FLORIDA
(the "Employer")
Address: 2. 100 EAST BOYNTON BEACH BOULEVARD - BOYNTON BEACH, FL. 33435
IRS No. 3. 596000282
Description of Organization: 4.
Municipal Government
I. TEP~M: The te~--m of this Agreement and the starting and ending
da~es of the work experience shall be from 5. 6/20/94 , through
7/,?~/?j ....... ; provided that the Private Industry Council may
earlier termLnate this Agreement by so notifying the Employer in
writing.
II. EMPLOYER REPRESENTATIONS: The Employer represents that (1) it
is a private non-profit or public non-profit corporation, and (2)
is capable of providing Work Experience in accordance with the
terms of this Agreement.
III. SERVICES TO BE PROVIDED: The Employer shall provide Work
Experience in accordance with the terms and conditions of this
Agreement, in the numbers and for the occupations described in the
Work ~bcperience Job Order (Attachment 1) and Addendum for Changes,
and the Description of Worksites (Attachment 2), and the Synopsis
of Summer Youth Employment and Training Program (Attachment 3),
attached hereto and incorporated herein.
A. Referral and Selection
1. The Private Industry Council shall refer to the
Employer for each position, one or more individuals, JTPA
certified as eligible for partici-pation, if available, throughout
the term of this Agreement, in order to assure to the greatest
orig. 2/4/94
2. The PIC shall only refer participants who are
certified as JTPA eligible, between the ages of 14 to 21, and who
meet the employer,s referral criteria as specified in the Work
Experience Job Order (Attachment 1). The employer shall have the
right to interview and select the participant subject to
non-discrimination guidelines.
B. Emplolment ~
1. Each participant shall be provided a meaningful
employment experience, with a tangible outcome and benefits to the
employer, the community, and the participant, and as specified 'in
the Job Order.
2~ Employment shall be conducted at
designated on the attached Work Experience Job
Description of Worksites.
worksites
Order and
3. Employers. shall ensure that participants are
provided adequate equipment and supplies for their assigned work.
4. Youth participating in Youth Services shall be
scheduled to work a specific maximum number of hours per week in
accordance with the specific program restrictions and shall not be
permitted to work in excess of the maximum number of hours
permitted per day to be scheduled, or a total of five-hundred (500)
hours during the term of this Agreement. Some participants may be
required to work less time due to their concurrent enrollment in
other PIC programs. (See Attachment 3 for specific program
:requirements, maximum hours, and restrictions.)
5. All employment and training activities hereunder
shall be conducted in accordance with the conditions set forth in
the attached Assurances and Certifications and with applicable law,
including Child Labor laws as attached (Attachment _).
C. Training
· 1. The Rmployer shall provide each participant with
meaningful, well,supervised job trainin c ' ·
and responsibilities of g onslstent with the duties
the job position, and designed to ensure
successful ~attainment of entry level skills and work habits
required o~ such position or occupation as set forth in the Work
Experience ~ob Order.
2. Such training shall include an orientation to the
organization and work station, including but not limited to the
Employer,s policies and procedures, work and schedules and break
schedules.
orig. 2/4/94
D. Supervision
1. Employment and training hereunder shall be provided
through the Employer's qualified supervisors, who shall be: (1)
regular employees of the Employer,'(2) experienced in the work to
be performed by each participant supervised, and (3) determihed by
the Employer to be appropriate to supervise such participants, and
4) successfully completed a PIC sponsored "Worksite Supervisor's
Workshop".
2. The Employer shall maintain a ratio of at least one
(1) supervisor to a maximum of eight (8) participants, including
provision of a baCk-up supervisor during the absence of any
supervisor.
3. The Private Industry Council shall make appropriate
arrangements for the orientation and instruction of supervisors,
employing Worksite Supervisor's Manual to be provided by the
Private Industry Council. EmPloyers, the employer's supervisors
and participants shall be provided with a manual outlining the
policies and procedures to be followed during the program.
4. The PIC shall assign a case manager to each
participant in a work experience employment position who shall be
~--~the liaison person between the Employer, PIC and the participant to
handle any and all questions, arrangements, difficulties or
disciplinary actions, regarding the participant.
5. The Employer shall have the right to take
lsclpllnary action, suspend or disengage any participant assigned
under the te_.~ms of this Agreement in accordance with the regular
personnel policies and practices of the Employer. The Employer
must immediately notify the PIC Case Manager or Youth Counselor and
follow up in writing of any termination and the reason for such
termination.
IV. COMPENSATION
A. The Private Industry Council shall compensate each
participant at a rate of $ 4.75 /hour for hours worked during each
two-week pay p~l~i~, upon receipt of proper documentation from.the
Employer as s_p~i:_ified below. In no event shall JTPA funds be used
to compensat~¢-- a participant for hours in excess of those
contractually agreed.
B. The Private Industry Council shall provide workers
compensation coverage and make applicable FICA and federal income
tax withholding payments for all participants engaged in Work
~Experience under this Agreement.
orig. 2/4/94
TIME AND ATTENDANCE RECORDKEEPING
~ A. The Employer shall keep accurate time and attendance
records for each participant, employing the Time and Attendance
· b the Private I~dustry Council. At the end of
Record provided y ~ ~- ~-~.,er shall have the supervisor
o er certifies that: (1) it will only record
B. The .E~.f~.y~ ,,, oarticiDants; (2) it ~ii1 r..e~re_ea~
actual hours
participant to '¥~? z f .... i-~vin~ the Time and At=en~an=e
~ecord, (3) it will not permx~ p~ ~
in and sign out.
C. No Time and Attendance Records shall be submitted by the
Employer to the Private Industry council for any individual who has
not been referred and certified as eligible for participation
hereunder by the Private Industry Council and the Employer shall
bear full responsibility for payment for any hours worked by any
such individual.
VI. EVALUATIONS AND MONITORING:
The ~mployer sha].i iully cooperate in the evaluation and
monitoring of activities under this Agreement by the Private
Industry Council, the State of Florida Department of Labor and
Employment Security, the U.S. Department of Labor, and any other
unit of local, state, ¢,r federal government.
VI~. ASSURANCES AND CEtTIFICATIONS
The Employer assures a~%d certifies that it shall comply with the
'OhS of the Job Training Partnership Act (P.L. 971300) (the
provis~ .... : .... omul~ated thereunder, as such
"Act") and regulations ~n~ po£~ ~ ~ . -
Act, regulations, and }~olicies may be amended from t~me to time,
and with applicable laws with respect to political activities,
private-for-profit employment activities, nepotism, conflict of
interest, fund raising, political patronage, and lobbying
activities. The Employ,~r further assures and certifies as follows:
1. Employme~and training provided to Participants hereunder
shall c~form to the job description and the duties to be
perform~a$ set forth in the Work Experience Job Order.
2. Conditions of employment and training hereunder shall be
appropriate and reasonable with respect to the type of work,
and the proficiency of the participant.
3. Health and safety standards established under state and
federal law, otherwise applicable to working conditions of
employees, shall be equally applicable to working conditions
of participants-
orig. 2/4/94
Except as may otherwise be provided in this Agreement, all
participants shall be provided benefits and working conditions
at the same level and to the same extent as other employees
working a similar length of time and doing the same type of
work.
Participants' acclivities under this Agreement shall be
conducted in compliance with the child labor provisions o~ the
State of Florida, the Fair Labor Standards Act and other
applicable laws.
Employment under this Agreement shall not result in the
displacement of elployedworkers or impair existing contracts
for services or r~sult in the substitution of federal funds
for other funds iD, connection with work that would otherwise
be performed.
No participant sh~ll, be employed or job opening filled when
any other indivilual is on layoff from the same or any
substantially equivalent job, or when the Worksite Employer
has terminated t],e employment of any regular employee or
othel--wise reduced its workforce with the intention of filling
the vacancy so c:-eated by hi~ing a participant under this
Agreement.
No position under this Agreement shall infringe in any way
upon the promotional opportunities of currently employed
individuals.
9. 'None of the funds disbursed under this Agreement shall be used
~ to assist, promote, or deter union organizing.
10.
No individual shall be excluded from participation in, denied
the benefits of, subjected to discrimination under, or denied
employment in connection with this Agreement because of race,
color, religion, sex, national origin, age, handicap, or
political affiliation or belief.
11.
The Employer shall afford participants an opportunity to
present any grievances or complaints about its activities
under this Agreement, in accordance with the Act.
12. Participa~m~s shall not be employed in the construction,
operatio~ or mai;tenance of any facility as is used or to be
used for sectaria~ instruction or as a place for religious
worship.
13.
Employers that em.'..loy participants in Out-Of-Doors type work
shall provide the Private Industry Council with an inclement
weather plan in w! iting and include this provision as part of
this agreement. - ghe inclement weather plan shall be attached
to th is agreement
orig. 2/4/94
14. The Employer shall submit such information as may be required
by the Private Industry Council and the Florida Department of
Employment and Training in assessing the extent to which the
services provided under this Agreement meet the special needs
of disadvantaged, chronically unemployed, and low income
persons for meaningful employment opportunities.
15. The Worksite Employer will provide the U.S. Department of
Labor and the Comptroller General of the United States,
through any authorized representative, access to and the right
to examine all records, books, papers, or documents related to
this Agreement for a period of three years from the date of
termination of this Agreement.
orig. 2/4/94
The Employer shall comply with the attached Assurances and
Certifications, which are attached hereto and made a part hereof,
and will retain a copy of this Agreement at each worksite.
EMPLOYER
~uthorized Signature
Edward Harmening
Type Name
PRIVATE INDUSTRY COUNCIL
Autho~i~'ed Signature
Type Name
Mayor
Title
Date
Title
Date
orig. 2/4/94